HomeMy WebLinkAbout2012-02-21 CC Packetq" i I glwajt e
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AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
February 21, 2012
REGULAR MEETING
7:00 P.M. AGENDA
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES-
1. Possible approval of January 31, 2012 regular and recessed meeting minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
OPEN FORUM
7:00 P.M.
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a
part of the meeting agenda. The Council may take action or reply at the time of the statement or may
give direction to staff regarding investigation of the concerns expressed. Out of respect for others in
attendance, please limit your comments to 5 minutes or less.
STAFF REPORTS
2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Dev. Director
Armory/Fire Station Open
House Update
6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator
CONSENT AGENDA (ROLL CALL)
10. Resolution 2012 -026, directing payment of bills
11. Possible approval of termination of street lighting contract with Xcel Energy
12. Possible approval of capital release — Library
13. Resolution 2012 -027, abatement of utility assessment
PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
14. This is the date and time for a public hearing to consider the issuance of an Onsale & Sunday
liquor license to Osaka Express, Inc. located at 108 Main Street N (formerly Savories).
(Resolution — Roll Call)
UNFINISHED BUSINESS
15. Possible approval of second reading of Ordinance 1043, an ordinance amending the Stillwater
City Code, Chapter 43, Liquor (2nd reading — Ordinance - Roll Call)
16. Discussion and decision on Armory gym expansion design
17. Possible approval of feasibility report and calling for hearing for Third Street South (Resolution —
Roll Call)
18. Possible approval of resolution to cancel Lumberjack Days Contract (Resolution — Roll Call)
19. Possible approval 2012 Fireworks Contract with RES (Resolution — Roll Call)
20. Possible consideration of contract for lobbyist services (Resolution — Roll Call)
NEW BUSINESS
21. Discussion of combination on sale & off sale license regulations
22. Possible authorization to purchase forensic extraction device (CelleBrite)
23. Possible approval of date for Bond Sale
24. Possible approval to purchase squad cars
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
COMMUNICATIONS /REQUESTS
COUNCIL REQUEST ITEMS
25. LMC Workshop Lessons Learned — Councilmember Menikheim
26. Yellow Ribbon update — Councilmember Polehna
STAFF REPORTS (CONTINUED)
ADJOURNMENT
** All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
POLICE POWER
an authority given by the U.S. Constitution to the States and by
the State to the City.
Whatever affects the peace, good order, morals and health of a
community comes within its scope.
The regulation of conduct and use of city parks, the dispensing
of alcohol in a park under a special permit, the conducting of a
community wide celebration possible only with the extensive
involvement of Police and Fire resources, are all conduct regulated
under the Police Power.
No person can acquire a vested right to continue even under
contract in a business, trade or occupation that is subject to control
and regulation under the Police Power.
The right to carry on an activity that affects health, safety,
morals or the public welfare may be revoked by virtue of the Police
Power.
Action of Lumberjack Days that affects the peace, welfare,
good order and health are:
I Failure to pay vendors for goods and services rendered
and delivered to the association for the event creating
widespread public concern.
2. Failure to satisfy a money judgment of $104,620 for
fireworks for the years 2008 and 2009 even though the
city contributed $40,000 in each year toward the cost of
fireworks.
National Guard Readiness Center & City Fire Station Comments
February 1, 2012.
An armory is a very inefficient land use for such a central geographic location. There
needs to be an exercise to redesign /plan the immediate area. See site plan in comp
plan. The inefficiency of the armory needs to be offset by an efficient surrounding land
use. The large parking lot needs alternative uses or alternative surfaces (pervious vs
impervious).
2. David Hanson. Putting a very high berm topped with trees, bushes along Boutwell side
to block sound and parking lot lights (lights should be less elevation than berm). Please
do computer modeling for lighting and sound to make sure mitigation is effective.
Traffic control @ Boutwell and CR 12 (1 imagine the back -ups there - I have to believe
there is technology that would allow a traffic signal to operate when it senses more than
x cars in line. I know the county will not like this, but please give it a try). Stop sign at
intersection of new road and Boutwell Road. No activity that would require use of the
north lot after 5 PM (except fire and Guard emergencies). All lights except minimum
security lights off no more than 30 min after last event. Finally, please tear down the
derelict house and Barn. We have lived with this thing for too long. I know you
mentioned the LEED issues the current hold up, but I have to believe it is there is a way
around it. What about a good old fashioned fire training exercise ?? That would, in
some sense, be recycling of materials.
3. Jeff Johnson. I am against the relocation of the fire station. It will reduce response
time to the highest density population areas in Stillwater and most vulnerable aging
persons and buildings. This leaves the historic parts of the city with greater exposure to
fire. Ward 1 and 2 will have slightly increased response time for both fire and medical
and will pay an increase in property tax to pay the bond. Is this taxation without benefit
to Ward 1 and 2?
4. As a resident of the North Hill, I have deep concern for the increased response time that
would result in the relocation of the fire hall. We do have a renowned historic city that
would, in effect, be given reduced service. Why not keep the existing fire hall and
consider another one on a smaller site? Also, quite concerned that these 18 acres
would be removed from the tax base. Since this parcel has already been purchased,
could you consider working with local farm based organizations such as the Minnesota
Food Association to utilize the open land on the site for small scale farming /gardening?
Consider also using a pervious surface for all parking lots similar to the east trail portion
on Lake McKusick.
5. Angela Brown. Please consider space for B- Ball /V -Ball (2 -4 courts), wood courts with in-
ground pole system for volleyball nets. We have a severe shortage of available courts
for our youth programs. This keeps off season costs high, limits practice times and
Page 2 of 3
tourney dates and causes families /clubs to spend travel money /time as well as put
rental dollars in other cities' pockets. We could afford to grow the sport of volleyball in
our community and offer more opportunity to young girls and boys (which has been
ignored due to lack of space) as well as adults in Stillwater. Help put us back on the
map.
6. 1 read in the Minneapolis paper that the fire station is costing $7.9 million with shared
facilities, like kitchen, locker room /shower, gym, etc. How can a six bay box cost so
much? We can't help but think that pockets are being lined with kickbacks and the like.
How can you possibly think we are ok with that kind of expenditure of money you don't
have. You need to tell us why we need the most expensive fire station in the state. This
kind of thing is why we don't trust the government city, state or federal. Get your hands
out of our pockets and out of our kids and grandkids pockets. Make do with what you
have!
7. My concerns are: Traffic control at Maryknoll (similar to Deerpath). Currently need
traffic to slow down when heading west up the hill to Maryknoll. Would like to see trail
from 12 to Boutwell. Trees on the south side of the fire station would help reduce
noise. Pines would be preferable.
8. Patty and Stephen Ogborn. Would like to have included within the armory the capacity
for a wood ballroom dance floor. We belong to Stillwater based LaDanza which has
been dancing at the Stillwater VFW since 1972. Currently, the VFW is for sale. Should or
when the VFW is sold, LaDanza may need a new venue for our membership and club. I
appreciate your consideration in this matter.
9. Biggest concern is with traffic control at 12 and Maryknoll. I do not want an intersection
built that enables public traffic to start using it as a route through Croixwood to 5. 1 like
the triangle pad concept used on Deerpath. But also concerned for potential increase in
traffic on the hill just east of Maryknoll. Cars come up the hill making it difficult to get in
or out of Maryknoll. I have a concern for accidents on the hill endangering emergency
staff. I do like the idea of a trail between 12 and Boutwell. Landscaping around the fire
station could buffer sound.
10. It looks like the north end parking lot is going to destroy a lot of trees (beautiful pines).
Also, the increase in traffic on Boutwell Road because of the parking lot there does not
look good. Why the extra exit onto Boutwell Road?
11. As a Ward 2 resident, I am stunned that response time will increase as much as 3
minutes to downtown Stillwater. As a valued historic district that garners a $700 million
dollar bridge to remove through traffic and protect historic buildings, the city should at
least maintain fire protection to protect such a massive public investment. Build a
substation downtown and correspondingly reduce the initial size of the fire station
Page 3 of 3
complex on Boutwell. You owe this to taxpayers all over Minnesota, Wisconsin and the
nation that ponied up $700 million to promote the interests of Stillwater.
12. Is there a plan to put a stop light on 75th St N (Myrtle)? Is there a plan to lower the
speed limit on Myrtle?
13.. It's about time we get some better fire protection on the western side of the City.
14. Bill Baker.
• FYI Open House for public — Lacked advanced coverage in the media (all papers, not
just the Stillwater Gazette — (which many don't subscribe to). The public affected by
this (Croixwood residents) should have been mailed a notice one or two weeks in
advance.
• Most of the people at the open house weren't concerned by the location or design
of the structures. They were concerned about the traffic patterns. Traffic flowing
from the facility to serve the North Hill, east to downtown and the commercial areas
to the south along Hwy. 36. When, Where & Why would traffic be routed
to /through /around Croixwood. Which streets would be affected (Maryknoll Dr. Deer
Path & Brick Streets)?
• How would the intersection at Maryknoll Dr. & Cty. Hwy 12 be affected (Turn
Patterns). Will there be blinking red emergency lights announcing fire trucks leaving
the facility?
• If the ultimate design decision will be made by the County, then why weren't the
Cty. Engrs. at the open house?
• At the next Open House for the Stillwater public, please present some answers to all
the above issues. Also, a little more effort into 'Getting the Message Out to the
concerned public', would be appreciated. Send a mailer to All residents within a mile
radius of the proposed project.
• P.S. Is the Police Dept. moving into this site as well?
15. Priorities for new armory /fire hall design: Mary Piontek, 197 Maryknoll Drive, Stillwater
• Minimize increased traffic on surrounding residential roads; particularly Maryknoll
Drive
• Minimize sound impact to surrounding neighborhoods
• Minimize night lighting of parking lots and buildings (light pollution)
• Concerned about turning in and out of Maryknoll on to Cty Rd. 12
• Architectural design should blend with the residential community ... avoid industrial
or commercial look
• Strongly in favor of paved path along New Road between 12 and Boutwell.
• Strongly in favor of safe pedestrian /bicycle crossing (tunnel ?) at intersection of Cty
Rd 12 and either Northland, Maryknoll or Interlachen Way /Eagle Ridge Trail
ARMORY & FIRE STATION PROJECT SCHEDULE
The timeline, though subject to change, looks like this:
Date
Meeting or Task
October 12, 2010
Environmental investigation: site visit
October 20, 2010
Environmental investigation: Drilling team on site
October 21 -22, 2010
Cultural survey
November 1, 2010
Closing date on purchase of property
December 22, 2010
Informational meeting with Joint Planning Board
January 2011
City Council adopted a Resolution of Intent to provide the National Guard with land for an
armory facility.
January 2011
National Guard submitted host city information to National Guard Bureau for budget.
March 2011
City zoning and design/performance standards forwarded to the National Guard.
May 25, 2011
Tour of Inver Grove Heights armory
June 7 - 9, 2011
Planning Programming Design Charette (PPDC) - National Guard conducted planning
charette (this included any partner organizations that would share the facility to capture all
requirements in conceptual layout/orientation of the facility). General public attended for
observation and occasional comments.
August 16, 2011
National Guard discussed PPD charette results with City Council & discussed project
scheduling.
Set 12, 2011
Received Final Report on the Project Planning Document Charette
Oct 4, 2011
Proposals for Fire Station programming and feasibility study were submitted to City.
Oct 18, 2011
Fire Station programming and feasibility study awarded to Buetow and Associates
Dec 6, 2011
City Council reviewed draft of Fire Station feasibility study and decided to design at least
35% of Fire Station together with the armory.
Feb 1, 2012
Open House for the concept armory and concept fire station plans. City Council Chambers
7 PM to 9 PM.
March 2012
State awards contract to complete a 35% design of facility.
April 2012
Design charette conducted by State's consultants.
June 1, 2012
Transfer of title for Readiness Center. (With conditions: 1) If not built within five years, land
reverts back to City; 2) Land for Fire Station will revert back to City when its lot lines are
defined; and 3 The City retains the right to lease the two homes on the property.
Aug 2012
35% design of facility completed
Sept/Oct 2012
Public hearing before Planning Commission on: 1) annexation, 2) ordinance amendment
allowing armory by SUP in RA /RB zoning district(s); 3) rezoning from TZ to RA/RB; 4)
SUP for armory
Sept/Oct 2012
Public hearing before Joint Planning Board
Oct/Nov 2012
Public hearing before City Council
Nov /Dec 2012
Begin process to acquire necessary access points
December 2013
65% design complete
June 2013
95% design complete
April 1, 2014
Likely construction start
October 2015
Likely completion
Dec 2015
Likely occupancy
January 24, 2012
RESOLUTION 2012 -026
DIRECTING THE PAYMENT OF BILLS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota,
that the bills set forth and itemized on Exhibit "A" totaling $533,032.56 are hereby
approved for payment, and that checks be issued for the payment thereof. The complete
list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected
upon request.
Adopted by the Council this 21 st day of February, 2012.
Ken Harycki, Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION #2012-26
10,000 LAKES CHAPTER
Spring CEU 2 Day Seminar
420.00
10,000 Lakes Chapter of ICC
2012 Membership Dues
85.00
ABS Company
Pymnt 2nd Half 2011 TIF #1
1,927.35
Ace Hardware
Stop Nts
255-60
Across the Street Productions
Blue Card 50 hour on line training
1,155.00
Advanced Graphix Inc.
Floor Graphic
200.00
Anderson Richard
Land Purchase-Parking Ramp
106,187.00
Appliance Connections
Refund 80% of Permit Fee
39.60
Aramark Uniform Services, Inc
Mats, Uniforms
1,202.65
Associated Bag Company
Open Bin boxes
328.22
AT&T
Telephone
117.33
Bauer Built
Tires
469.03
Bloom Engineers LLC
HVAC Pre Design Study
3,672.50
Board of Water Commissioner
Hydrant Hit @ Myrtle &Fourth St. Repair, WAC
7,798.34
Brunswick Boat Group
Repairs to boat
4,609.44
Carquest Auto Parts
Equipment Repair Supplies
1,613.84
CATCO Parts and Service
Kit, Hardware Kit
30.06
CDW Government, Inc.
Computer Equipment
104.71
Century College
FRTA Firefighter 1
846.80
ChloeNoel Skate & Sportswear
Skating Supplies for Resale
96.70
Chris Amdahl Locksmith, Inc.
Service Call, Medeco Lock Cylinder
209.00
Cole Papers
Janitorial Supplies
1,010.57
Comcast
Telephone
208.20
Computer Services of Florida
5 Cameras
755.00
Earl F. Anderson, Inc.
Traffic Cone Firsts with Sleeve
724.13
Eichtens Service & Repair
Equipment Repair Supplies
193.48
Emergency Medical Products, In
Safety Equipment
149.05
Enterprise Products Operating
Freight for Propane
2.81
ESI Engineering, Inc.
Engineering Services for Rooftop Air Condition
1,897.18
Fastenal Company
Supplies
457.54
Fire Marshall Assoc. MN
2012 Membership Tom Ballis
35.00
Fire Safety U.S.A.
Unforms
275.00
Frontier Ag & Turf
John Deer Utility Tractor
8,228.69
Fury Dodge Chrysler
Vehicle Repair
1,204.77
Gopher State One Call, Inc.
Billable Tickets
117.85
Grainger
Equipment Repair Supplies
56.49
Gunvalson, Cathy
Refund for Park Rental Fee Cancelled
135.00
Helmer Printing, Inc.
Printing & Publishing
83.36
Holiday Credit Office
Fuel
238.35
Ice Skating Institute
Skater Membership
13.00
Iceman Industries, Inc.
Road Salt Treatment
2,003.91
Interstate Battery System Of Minneapolis
Battery
230.74
IRS
2010 W-2 & 1099 Audit
797.76
J.H. Larson Electric
Lamp & Ballast
278.99
EXHIBIT "A" TO RESOLUTION #2012 -26
Johnson Jeff
Kirvida Fire, Inc.
L & D Sign Inc.
L.T.G.Power
Loffler Companies, Inc.
Menards
Metro Fire Officers Assoc.
Metropolitan Council
Michael, Campbell dbaThe Conach Group
MN Dept of Labor & Industry
MN Dept. of Public Safety
MN Occupational Health
MN Pollution Control Agency
MnFIAM Book Store
M1 Raleigh Truck So.
MSSA
Municipal Emergency Services
MWOA
Northeast WI Technical College
Office Depot
On Site Sanitation, Inc.
Pioneer Press
Proguard Sports, Inc.
Sentry Systems, Inc.
Short Elliott Hendrickson Inc.
Spaulding Mfg., Inc.
Spring Lake ParkFire Dept. Inc
Sprint PCS
St. Croix Boat & Packet Co.
Stillwater & Oak Park Heights CVB
Stillwater Motor Company
Stillwater Printing
Stillwater Towing
Stop Stick
Streicher's
Summit Fire Protection
Sun Newspapers
SW /WC Service Cooperatives
Titan Machinery
Toll Gas & Welding Supply
Trans Union LLC
Truck Utilities, Inc.
US Bank Corporate Trust Svcs
Verizon Wireless
Page 2
Reimburse for Shrink Wrap, & Work Boots
Vehicle Repair
Electrical Work for Millbrook Park
Equipment Repair Supplies
Copier Maintenance Agreement
Supplies
2012 Dues
Wastewater Charge March 2012, January SAC
January 2012 Legislative Services
Building Official Certification Renewal
Application to Title /Register
On Site Drug Collection
Stillwater Stage 3 Floodwall
Fundamentals of Firefighter Skills, Bld
Gravel
2012 Membership
Folding Spanner Wrench, Hood Carbon Sh
Membership Dues
Taser Training Spring 2012 S Hansen
Office Supplies
Unit Rental
Publications
Pro Shop Supplies
Monitoring Services
Consulting Eng
Equipment Repair Supplies
Blue Card Command training[O
to be rebille
Cell Phone
Arena Billing and Meals for Police
4th Qtr Lodging Tax
Vehicle Repair
Printing & Postage Spring LTS flyer
Towing
Minor Equipment
Uniforms
Annual Fire Sprinkler Inspection Wet Sys
Publications
Retiree Health Insurance & Cobra
Filters
Maintenance Agreement
Basic Service
Snow Plows
Stillwater Levee Wall System Interest
Internet
28.49
194.00
5,825.61
149.78
2,000.19
666.61
100.00
135,206.79
1,500.00
110.00
21.50
127.20
1,062.50
560.03
910.99
50.00
290.10
25.00
175.00
462.63
58.78
600.00
286.19
147.00
314.36
1,079.01
2,760.00
132.26
49,095.42
28,778.38
3,186.93
1,175.86
511.31
226.55
141.96
280.00
458.65
52,397.06
67.35
130.48
5.00
9,939.37
750.00
442.34
EXHIBIT "A" TO RESOLUTION #2012 -26
Wal Mart Community
Ward, Diane
Washington County Conservation Distr.
Washington County Informantion Tech Dept
Washington County License Center
Waste Management
WET Technology, Inc.
Wulfing,David
Yocum Oil Company
Zayo Enterprise Networks,LLC
LIBRARY
1000 Bulbs
Ace Hardware
Aramark
BWI
Brodart
Comcast
Good Samaritan Society
Hansen, Ann
Heritage Printing
Menards
Minnesota Elevator
Quill
Secure Itnet
Security Response
Spotlight on Books
Vacland
Washington County Library
Xcel
ADDENDUM
Aspen Mills
Century Link
Law Enformcement Targets
Mac Queen Equipment, Inc.
Magnuson Law Firm
Natural Resource Group
Roberts Co. Inc.
Samsel Supply Co.
S & T Office Products
SMG
WA County Property Records & Taxpayer
Supplies
Reimburse for MN BCA Criminal Histories
4th qtr Quarterly Billing
2012 Citrix License
2 License Tab Renewal
Final Half Garbage Certification
Strainer & Solinode
Reimburse for K9 Boarding
Fuel
Telephone
Lighting Supplies
Janitorial Supplies
Towel & Rug Service
Library Materials
Library Materials
Telecommunications
Refund
Supplies
Supplies
Janitorial Supplies
Elevator Part
Supplies
Tech Support
Maintenance Contract
Conference Registration
Equipment Parts
Telecommunications
Utilities
Uniforms
Telephone
Targets, Shooting Glasses
Repair Water Tank on Sweeper
Professional Service
Professional Service Stage 3 Flood
Name Bars & Service Bars for Uniforms
Repair Drysuit
Office Supplies
Vaccines & Medical Evaluations
Recording Fees
Page 3
57.46
30.00
535.50
250.00
22.00
16,633.62
209.05
90.00
7,487.13
575.89
539.31
76.93
63.21
1,218.46
2,004.74
49.90
50.00
33.65
20.25
85.56
46.65
594.67
156.25
155.67
150.00
129.78
757.00
3,790.31
126.65
458.73
154.43
2,085.46
8,439.33
340.00
106.65
141.81
92.00
253.38
140.00
EXHIBIT "A" TO RESOLUTION #2012 -26
West Payment Center
Xcel
Adopted by the City Council this
21st Day of February, 2012
Information Charges
Utilities
Page 4
93.39
31,892.02
TOTAL 533,032.56
STILLWATER TOWN BOARD MEETING_
February 9. 2012 Town Hall 7:00 P.M.
PRESENT: Chairperson Linda Countryman, Supervisors Jim Hiniker, David Johnson,
Sheila -Marie Untiedt and Matt Beane, Clerk Kathy Schmoeckel, Attorney
Soren Mattick, Engineer Paul Pearson, Planner Dick Thompson, Treasurer
Marsha Olson and Chief of Police Steve Nelson.
1. AGENDA - M /S /P Hiniker /Beane moved to adopt the agenda as amended. (5 ayes)
2. MINUTES - M /S /P Hiniker /Untiedt moved to approve the January 26, 2012
Stillwater Town Board Meeting minutes as written. (5 ayes)
3. TREASURER -
a. Treasurer Marsha Olson is still waiting to close out fiscal year 2011.
M /S /P Hiniker /Johnson moved that $50,000 be moved from the General Fund to
the Road and Bridge Fund for 2011.
b. Clerk Signature - M /S /P Beane / Hiniker moved to have Barbara Riehle added as
a signatory in Kathy Schmoeckel's absence.
c. Audit - We will not need an audit this year.
d. Checks and Claims - The following checks and claims were approved for
payment.
Claim No.
Vendor
Amount
41770
Campbell, Knutson, PA
1,095.00
41771
CenturyLink
101.39
41772
Ikon Office Solutions
515.17
41773
League of Minnesota Cities
138.00
41774
Maroneys Sanitation, Inc
117.82
41775
MFRA
12,175.70
41776
Kathleen Nelson
121.88
41777
Stephen Nelson
785.00
41778
On Site Sanitation
48.09
41779
Robert P Ranalla Sr
29.05
41780
Barbara Riehle
40.00
41781
Kathryn Schmoeckel
78.17
41782
TKDA
1,809.90
41783
Washington County
470.00
41784
Washington County Taxation Div.
256.00
41785
Washington County
2,499.65
41786
Minnesota Dept. of Revenue
41.89
41787
Internal Revenue Service
890.60
41788
PERA
430.85
Beane, Matthew R
469.09
Stillwater Town Board Mtg. — 2/9/12 Page 2
Countryman, Linda P 499.08
Galler, Doug 311.81
Johnson, David W 303.79
Nelson, Kathleen M 393.15
Nelson, Stephen W 1,151-07
Olson, Marsha Ann 800.91
Ranalla, Jr. Robert 287.77
Ranalla, Sr. Robert 353.81
Riehle, Barbara 531.66
Schmoeckel, Kathryn G 633.62
4. ATTORNEY -
a. Electrical Inspector Contract - The Township had decided to contract for
electrical inspections rather than to rely on the State. Last October Jim Matewful
had been sent a contract but he has not yet signed it. In the meantime, Building
Inspector Jack Kramer has used state inspectors.
M /S /P Untiedt/Beane moved to authorize the attorney to send a letter to Mr.
Matewful rescinding the contract. (5 ayes)
b. Policy on Stormwater Regulations - There was a discussion of the Township's
role in regulating stormwater. The Township's Local Water Management Plan and
Ordinance 112 regulate management of stormwater. If the State and the Local
Watershed Districts update their plans and rules, we need to update the local plan
and ordinance to be consistent with their requirements.
c. Lake Elmo Detachment - Attorney Soren Mattick reviewed some of the uses in
the detached area where there have been some enforcement issues. The
Township generally does not allow that use but Soren Mattick explained that a
lawful activity in the City would be allowed in the Township when detached, but
they would not be allowed to expand. Planner Sherri Buss should ask the County
to be copied on any correspondence with respect to this property. The Couny
Zoning and Public Health staff provided all of the background on the property to
Sherri for the Board's information. Engineer Paul Pearson had a half section map
of the detached area which he reviewed. He had talked to the Lake Elmo Public
Works Superintendent who told Paul Pearson that they will continue to maintain
the roadway.
d. Fire Contract - Our fire contract with the City of Stillwater will need to be
modified with respect to the detached area. David Johnson has already spoken to
their fire chief to make them aware of the change. Soren Mattick will see if any
change in the contract is needed.
5. PLANNER -
a. Accessory Structures -Planner Dick Thompson reviewed the key changes to our
zoning ordinance with respect to accessory structures.
M /S /P Hiniker /Untiedt moved that we adopt the accessory structure changes to
the zoning ordinance as prepared by Sherri Buss. (5 ayes)
b. Local Water Management Plan - Dick Thompson reviewed the issues that need
to be addressed with respect to the water management plan. The cost for the
project was reviewed. A letter should be sent to the appropriate entities
Y • N
Stillwater Town Board Mtg. — 2/9/12 Page 3
(Metropolitan Council, BSWR, Township Association) to express our opposition to
the bureaucracy and costs involved. Sherri Buss will draft a letter to be signed at
the next meeting.
M /S /P Johnson /Hiniker moved to authorize TKDA to move forward with making
the appropriate adjustment for the water management plan to be adopted into our
Comprehensive Plan. (5 ayes)
c. Victory Pass Update - Planner Sherri Buss had been contacted by Cherokee
Bank that they are planning to start on this project again.
6. CHIEF OF POLICE -
a. Report given. There were 13 burning permits, 2 for buckthorn. No dogs were
impounded.
b. Dog Licenses - There was discussion of whether the fee structure should remain
the same. Information on dog licenses can be included in the newsletter and
website to save on the cost of mailing. Also, we should ask for people's email
addresses on the form to save future costs.
M /S /P Hiniker /Untiedt moved to keep fees the same and eliminate the free license
for those whose dogs have been spayed or neutered since their last license. (5
ayes)
c. Dumping Signs - Steve Nelson had sample signs. The consensus was to use the
"No Dumping, Violators Prosecuted" sign.
d. Emergency Management Plan - Steve Nelson explained that we could apply for a
grant for a generator for the town hall which could be considered on emergency
facility. There was discussion of possible costs of maintain the generator which
would be used very infrequently. Steve Nelson will go ahead with the initial
application.
e. Outing Lodge - There had been a number of events at the Outing Lodge with
amplified music in a tent. However, their PUD only allows amplified music in a
permanent structure. The latest applicant will be turned down.
7. DOG PARK - Members of the Friends of Stillwater Area Dog Park were present to
discuss a possible dog park in Stillwater Township. They gave a power point
presentation on the need for a park and what would be involved. We will keep this in
mind for the future if park land becomes available.
(Jim Hiniker left.)
8. ANNUAL MEETING - The agenda for the Annual Meeting was discussed.
9. ENGINEER -
a. Otto Berg Parking Lot - Paul Pearson will look into the cost to add paving the
Otto Berg Parking Lot south of the town hall to an upcoming project.
b. Maintenance Plan for Asphalt Roads Update - Paul Pearson had provided an
outline of the projects in the annexation area which he will forward to the City of
Stillwater.
c. Otta Seal Update - Paul Pearson had contacted Bill Voedisch, May Township,
regarding a possible Otta Seal project on 120th Street. Their Town Board had
indicated they would rather do a true asphalt rather than Otta Seal, but they have
M ..
Stillwater Town Board Mtg. — 2/9/12 Page 4
no plans to do anything now. We might still consider doing that portion of the
road that we maintain. Paul Pearson will suggest which roads in the Township
might be included in the Otta Seal bid to be discussed at the next meeting.
d. Stripping Under Seal Coats - Paul Pearson had following up with MnDOT on this
issue to give his opinion that this seems to occur where heavy salt is being used.
They will continue to research this issue. MnDOT would be willing to look at the
section of Arcola (near Highway 95) where this is occurring and Paul Pearson will
set up a time to do that along with Shawn Sanders with the City of Stillwater.
e. Xcel Permit - (Neal Avenue) - Paul Person will approve the permit and ask for
the $100 fee.
10. CLERK -
a. Annual Dinner - The Clerk had checked with the Outing Lodge and they would
be available most Monday nights and the cost for dinner with a cash bar would
probably be $25 and up. We will look at March 26th for the dinner with two
choices for food.
b. Insurance Liability Waiver Form - M /S /P Untiedt /Johnson moved to authorize
the Chair to sign the Insurance Liability Waiver Form. (4 ayes)
11. PARK COMMITTEE -
a. Trees - Matt Beane had an inventory of the trees the Eagle Scout has selected
to be planted in Otto Berg Park. The consensus was for the Township to
contribute up to 50% of the trees. The Park Committee will discuss this further.
b. Calendar - The Park Committee will be asked to provide a calendar of events for
the coming year.
12. TOWN HALL MAINTENANCE - The renovation of the town hall was done 14 years
ago and the interior may need to be painted.
13. BROWN'S CREEK WATERSHED DISTRICT FALL MEETING - They will be asked to
attend the October 25th meeting.
14. CARNELIAN MARINE WATERSHED DISTRICT MEETING - They will be asked to
attend the September 27th meeting.
15. ADJOURNMENT - The meeting was adjourned at 9:55 p.m.
Clerk
Chairpers
Approved
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14E 11RTNFLRCE OF 0IRNE14TR , �
CITY COUNCIL MEETING MINUTES
January 31, 2012
REGULAR MEETING
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
Browns Creek Trail & 3rd Street project — Washington County
4:30 P.M.
Corey Schlagel, engineering and construction manager with Washington County, was
present, along with County Commissioner Gary Kriesel, Wayne Sandberg, County Engineer,
and Jacob Gave, project manager for the Third Street project.
Mr. Gave reviewed the Third Street project, including the project purpose, construction
phases, cost participation, public involvement and project schedule. He noted that Third
Street is part of County Road 23 and must be able to accommodate trucks and commuter
traffic. He indicated that this year's phase of the overall improvement project includes Third
Street from Orleans to about 400' north of Willard Street and Chestnut Street from Third
Street to Main Street. He added that the project includes narrowing the stretch of pavement
on Third from Orleans to Willard from 44' to 40' to allow for a boulevard on the east side for
snow storage, widening the 4' walk on the east side of the road to 5' to be consistent with
Americans with Disability Act standards. He stated there will be bump -outs at Marsh,
Churchill and Willard streets. He informed the Council that on Chestnut from Third to Main
a mill and overlay will be done to address some rutting issues that are present and tide the
pavement over until the future of the river crossing is clearer.
On a question by Mayor Harycki regarding rain gardens on the project, Mr. Gave replied that
they are looking at the possibility of incorporating rain gardens in the bump -outs.
Regarding cost participation, Mr. Gave listed two items involved, according to the County's
cost participation policy, the concrete walk and curb and gutter; and that cost estimate for the
walk is $36,000 and about $29,000 for the curb and gutter, with the cost to be split 50 -50 by
the County and City. Including factors such as traffic control and erosion control measures;
City Council Meeting
January 31, 2012
he continued the total cost for City participation is estimated at no more than $50,000 for this
year's phase of the project.
On a question by Mayor Harycki, Public Works Director Sanders stated the City's share of
the project will be assessed to benefitting property owners on a 50 -50 basis.
On a question by Councilmember Roush, Mr. Sanders answered that the project costs are
comparable to the City's past cost experience for such a project.
Regarding public involvement, Mr. Gave pointed out that the County will be hosting an open
house to cover all four phases of the project, as well as one open house specifically for this
year's phase. He added that there also will be a project web site with information, updates
and contact information. He continued that this year's project schedule has advertising for
bids scheduled for April, with bids awarded in May, an open house soon after the bid awards,
and construction starting in June.
Mayor Harycki suggested that the Church of St. Michael be contacted to see if there are any
enhancements the Church would like done for the school crossing, etc.
Councilmember Cook asked about the possible impact on the annual bike race and the fall art
fair; Mr. Gave responded that he would check into that.
Councilmember Polehna questioned the scheduling of the public hearing after the bid letting.
Mr. Sanders responded that the City would be hosting a public hearing for those properties
that will be assessed by the City prior to the bid award.
Councilmember Polehna suggested the possibility of scheduling the mill and overlay work on
Chestnut to coincide with the bridge closure so as to have less of an impact on traffic; Mr.
Gave offered that he would investigate that possibility.
Mr. Schlagel provided an update on the Brown's Creek trail project, specifically the crossing
at Manning Avenue. He addressed the need for the crossing, bridge versus tunnel options,
estimated cost and project schedule. Regarding the bridge versus tunnel options, he explained
the major negative of a tunnel is water management, noting there is no way to drain water out
of the tunnel as it would be about 15' below the existing roadway and the water would need
to be pumped about 'h mile away. He also noted a tunnel would make it much more difficult
to accommodate a future trail along the east side of Manning, something that is a potential
project for the near future; he also noted a tunnel would require retaining walls, which adds
to the expense of the project. He did note that a tunnel is less visible than a bridge, which is
preferable to some folks.
On a question by Councilmember Roush, Mr. Schlagel explained how a future trail on
Manning would tie into a bridge or tunnel option. Mr. Schlagel indicated that the bridge is
the recommended option both by the County and Department of Natural Resources; he
provided photos of several bridge designs. He reviewed public involvement and project cost
estimates, noting the County is seeking state bonds during this legislative session. He also
reviewed a possible project schedule, with design beginning sometime this spring, and
construction sometime in the summer of 2013.
Kent Score of the Department of Natural Resources provided an update on the overall
Brown's Creek trail project. He noted the state still does not own the trail corridor itself; he
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City Council Meeting
January 31, 2012
estimated final closing might take place in two or three weeks, which has delayed
construction projects. He stated the first step after closing will be removal of the rail tracks
and ties. He informed the Council that the design has started, the survey is essentially
complete, and a contract for the geo-technical work is in place. Another first piece of actual
development, he added, will be the retrofitting of the Highway 95 Bridge to accommodate
pedestrian traffic which will likely begin this spring. He continued that the the proposal, at
this point, is to begin construction downtown. With the limited funding resources that exist
today, he continued, there is not enough funding to construct the entire trail and crossing at
Manning Avenue. He stated that cost for constructing the 6 miles of trail with the bridge is
estimated at about $3 million; and that there is about $1 million in funding currently
available.
On a question by Councilmember Cook, Mr. Score replied that public comment is always
welcomed and encouraged; he noted there will be opportunities for public input at the
community levels as the design moves forward.
Councilmember Cook asked about mechanisms for protecting Brown's Creek; Mr. Score
answered the bituminous surface of a trail and vegetating the side slopes, along with
improvements planned by the Watershed District should be an improvement over the current
condition.
Councilmember Roush asked about using Engine 328 as part of the trailhead and Mr. Score
answered that has been discussed, but the issue is the amount of property the state will be
acquiring, which does provide enough space to do that.
On a question by Councilmember Roush, Mr. Score indicated that he thought it unlikely that
the state would participate in the cost of moving the engine to Stillwater for the trailhead.
Lake Management Update
Public Works Director Sanders gave a Power Point presentation on plant management for the
City's lakes. He noted that last year there was an excessive bloom on Lake McKusick, a
bloom of both algae and aquatic plants; the plants were primarily coontail and large leaf pond
weed, both of which are native plants to the area. He explained that excessive plant growth
generally occurs in shallow bodies of water that allows sunlight to penetrate through the
water to the sediment, along with sediments that are rich in nutrients. He informed the
Council that he had spoken with a water scientist with Blue Water Science who stated that
last year was an unusual year when all of Minnesota lakes experienced excessive plant
growth; the scientist also stated he did not think the blooms would be sustained in future
years.
Mr. Sanders' presentation spoke of the importance of plants to the aquatic environment and
problems caused by excessive vegetation. The presentation outlined treatment options,
including chemical treatments, harvesting, dredging, aeration and temporary lake drawdown,
along with the DNR regulations, possible benefits/negative effects and cost associated with
the various options. Mr. Sanders also outlined possible funding options, including increasing
the storm water utility fee, possible use of the storm water utility fund, or creating a special
taxing district, which is allowed by state statute. The presentation noted that the City's
approach for the last several years has been to treat the source through installation of rain
gardens, increased street sweeping and implementing its MS4 permit.
Page 3 of 14
City Council Meeting
January 31, 2012
Mr. Sanders suggested the City needs to consider its overall goal for its lakes, determine an
appropriate funding level and funding options. He noted that the treatment options discussed
are temporary and are on -going efforts.
On a question by Councilmember Roush, Mr. Sanders answered that the scientists he has
spoken with recommend to continue to treat the source; by that the harvesting of Long Lake
and Lake McKusick in 2006 and 2007 seemed to work.
Mayor Harycki indicated that he did not think chemical treatment was a good option,
considering possible residual effects and impact on the St. Croix River; and that he would be
interested in looking further into harvesting and a temporary drawdown and the approval
process for that.
Councilmember Roush expressed that he would be inclined to look at a one -two punch, both
chemical treatment with systemic herbicide and harvesting.
On a question by Councilmember Cook, Mr. Sanders replied that he has no estimate of how
long it would take for the takes to improve if the City just continues to treat the source; he
did say that the phosphorus levels in all the lakes are being reduced.
Mayor Harycki suggested an open house for residents to get input on what potential options
they might favor.
Councilmember Polehna asked Mr. Sanders to look into past policy related to Lily Lake and
allowing the homeowners to participate in the City contract for treating the lake. Mayor
Harycki suggested that information be prepared as to possible cost to lake homeowners for
the various options for an open house presentation.
Mr. Sanders pointed out that he did not feel qualified to make a recommendation as to what
might be best for a particular lake and asked if he might obtain the assistance of a consultant;
and Mayor Harycki thought that would be permissible.
Councilmember Menikheim asked whether the problem is the condition of the lake or one of
aesthetics and whether there is a different approach to those problems.
Councilmember Roush suggested there are multiple problems, originally one of clarity,
which is improving, and also one of aesthetics.
Councilmember Cook noted that Lake McKusick residents feel the City may have
exacerbated any problems with the diversion project and therefore should bear more of the
financial responsibility for looking at the problem; she suggested that an increase in the storm
water utility fee might be a better funding source than a special taxing district.
Councilmember Polehna pointed out that while water may have been diverted into Lake
McKusick, water from the north is also being diverted away from the lake.
STAFF REPORTS
Community Development Director Turnblad reminded the Council and residents of the open
house /public meeting regarding concept plans for the armory and fire station scheduled for
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City Council Meeting
January 31, 2012
February 1. He also reminded Councilmembers to get questions they would like asked in the
conference call with Lanesboro people to him by tomorrow, February 1.
City Attorney Magnuson told the Council he had prepared some draft contracts regarding
lobbying services which he has forward to the lobbyist directly, and they have accepted the
concept of contracting directly with the City rather than the bridge coalition. He noted
previous problems were the result of using TIF money and giving the money to a non-profit
rather than a lobbyist; there are no laws prohibiting contracting with a lobbyist, he explained.
He pointed out that the question now is whether the Council wishes to retain a lobbyist and
for how much.
On a question by Councilmember Cook, Mr. Magnuson responded that the lobbyist would
work directly for the City on the bridge legislation; the same people who have been working
for the coalition would contract directly with the City to continue the work started for the
coalition.
Councilmember Cook expressed that she would still like some clarification on the status of
the Conach contract as it is money the City is paying for a legislative consultant, not a
lobbyist; she pointed out that person was supposed to be moving an agenda forward and look
at broader issues, including funding for the state trail.
Mr. Magnuson described that there is an existing contract with Conach that is cancelable by
either party on 60-day notice; he added that the contract has not been canceled and remains in
effect until one party serves notice of cancellation.
City Administrator Hansen informed the Council that he had contacted the person in question
and asked for an indication of what he planned to do regarding the current contract; and that
he had heard nothing regarding that request.
Mayor Harycki spoke of the progress that has been made regarding the bridge as a result of
the consultants' efforts. Councilmember Polehna thought it important to move ahead with the
new bridge issues, but indicated that he would like some additional time before making a
decision on the specifics of any contract. Mayor Harycki asked Mr. Magnuson to forward
copies of the draft contract to Councilmembers.
Councilmember Cook suggested considering other needs throughout the City and the
momentum the coalition has regarding the new bridge, she does not want to spend taxpayer
dollars for this lobbyist contract. It should be spent on alleviating the congestion in
Stillwater, it is not a Stillwater Bridge, and it is an Oak Park Heights bridge.
The meeting was recessed at 6 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Harycki called the recessed meeting to order at 7 p.m.
Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Page 5 of 14
City Council Meeting
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
January 31, 2012
Motion by Councilmember Menikheim, seconded by Councilmember Polehna to approve the
January 17, 2012 regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation: Jim Schug Day — Wednesday, February 1, 2012
Mayor Harycki read a proclamation designating Feb. 1, 2012, as Jim Schug Day in the City
of Stillwater in recognition of Mr. Schug's many years of service as Washington County
Administrator and Community Services Director.
Mr. Schug, longtime resident of Stillwater, was present and expressed his appreciation for the
cooperation of the City and staff over the years.
OPEN FORUM
Dorothy Joachim, 1624 McKusick Lane, expressed disappointment that she was unable to
talk and ask questions during the afternoon presentation on lake management. She indicated
that she was under the impression that the reason nothing could be done right away was that
there was no budget for helping Lake McKusick. She informed the Council that she attended
this year's budget meeting to be sure that something was included in the budget so something
could be done. She pointed out that during the budget meetings, it was indicated this would
not be a budgeted item, but rather would come out of storm water management fees. She
explained has now been seven months and the City has gotten nowhere. She reiterated that
she would like attention given to Lake McKusick as a recreational amenity, something it
should be and has been in the past. She stated that she believes Lake McKusick is shallower
and aging faster than it needs to; and thought the lake should be preserved for all the citizens
of Stillwater.
Mayor Harycki talked about the funding options the Council might consider, and noted the
Council decided in the afternoon session to hold a public meeting with residents for input
about what they might like done. There was discussion of the Wenck report that indicated the
City could spend millions of dollars and still not correct the problem if the source of the
phosphorus is not identified. He continued by stating that the improvement in the lake water
quality is the result of rain gardens and additional street sweeping.
Councilmember Polehna provided information about what the City, as a member of the
Middle St. Croix Watershed District, has done /spent on efforts for Lake McKusick and Lily
Page 6 of 14
City Council Meeting
January 31, 2012
Lake; he suggested the vegetative growth is a problem created by improving the water
quality.
Mayor Harycki spoke about the Brown's Creek Watershed District's iron filter project to
reduce phosphorus; he was confident the Council would decide on whether to proceed with
efforts to improve the cosmetics of the lake before summer.
Richard Kilty, 118 W. Oak St., asked about the armory /fire station project, whether the City
would be running two fire stations and whether there would be permanent funding for the
armory.
Mayor Harycki responded that the City is proceeding with the assumption of having one fire
station, due to staffing costs. Mr. Kilty suggested leaving the downtown station would be
abandoning the downtown area and the original houses in town.
Mayor Harycki explained the intent is to balance out response times to all parts of the City;
he referred to the annual fire report and the previous fire station study regarding response
times.
Mr. Kilty asked whether the City has a written guarantee of permanent funding for the
armory; and Mayor Harycki noted no property titles have been transferred to the National
Guard, and that the concept designs have been funded by the National Guard.
Mr. Kilty expressed that he could envision that the Guard would not get the money from
Congress; and that the City would be remiss in not getting something in writing for the
permanent funding for the armory.
CONSENT AGENDA
1. Resolution 2012 -021, directing payment of bills
2. Possible approval of temporary liquor license — February 12, 2012 — Stillwater KC Hall,
Inc.
3. Resolution 2012 -022, approving Cooperative Purchasing Agreement with the State of
Minnesota (Administration)
Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the
Consent Agenda as presented.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
Case No. DEM /2011 -55. This is the date and time for a public hearing to consider an appeal of
the Heritage Preservation Commissions decision to deny a request for the demolition of a single
family residence located at 2007 Schulenburg Alley in the RB Two Family Residential District
Nathan and Sara Jespersen applicant Notices were mailed to affected property owners and
published in the Stillwater Gazette on January 20 2012
Community Development Director Turnblad reviewed the request, and noted that because the
home in question was built in the 1880s, the Heritage Preservation Commission (HPC) must
Page 7 of 14
City Council Meeting
January 31, 2012
approve both the demolition permit and a design permit. He reported that the HPC reviewed
the request and found the proposed design of the new home was not compatible with the
neighborhood; he added that the HPC denied the design permit and without the design
permit, the demolition permit couldn't be issued. He explained because of the denial, the
applicants cannot reapply to the HPC for one year; and that the applicants have appealed the
denial, not to completely overturn that action in favor of approval, but to change the action to
denial without prejudice, which means the applicants could go back to the HPC without
waiting for a year. He reported that staff recommends taking the action to deny without
prejudice.
Jeff Johnson, member of the HPC, reviewed the case, and noted that it was before the
Commission several times. He described the original proposal and how the Commission
worked with the applicants on several options to reduce the massing of the new structure. He
reported the loss of an historic home at that site and replacing it with something that was
inconsistent with the neighborhood was not acceptable to the HPC.
On a question by Councilmember Roush, Mr. Johnson reviewed efforts in working with the
applicant on various options, but the applicant came back with the same primary structure,
and at that point it was denied. He added that he would not anticipate anything drastically
different in design from the same applicant.
Mr. Turnblad relayed that the city planner was of the belief that the applicant is looking at a
completely new design that is more compatible with the neighborhood, thus the
recommendation that the applicant be given the opportunity to try again. He informed
Council that staff agrees with the HPC that if the intent is to bring back the same design,
there is no point in asking because the answer will still be denial. Mr. Turnblad noted the
Council will have to make a decision at this meeting whether to deny or deny without
prejudice due to the 60 -day rule.
Mayor Harycki opened the public hearing.
Judy Foster, 2011 Schulenburg Alley, owner to the north of the property in question, stated
she was also representing two other owners of properties on Schulenburg Alley, Hazel
Winterlin and Tad and Alicia Engstrom. She provided photos of the neighborhood and noted
the house in question was recommended for placement on the National Historic Register. She
explained that three of five homes facing the St. Croix River are owned by the same person.
She reviewed the history of the neighborhood consisting of homes built for the Schulenburg
Mill owners for their workers; that the homes still have the original two -room structure, with
additions; and that the homes can be renovated to be historically correct. She added that this
decision would be a king -pin decision, a domino effect that will set the fate of the other
homes facing the River; her hope is to keep the integrity of the neighborhood, noting the
remaining 9 Schulenburg Mill homes were recommended for the National Historic Register.
She agreed that the house in question has to come down for safety reasons, but there are
designs that can respect the integrity of the neighborhood. She expressed that she would hope
the applicants could come back with a design that is respectful to this historic neighborhood.
Rick Swanson, property owner, explained that the applicant is not the owner of the property,
that the applicants are just prospective buyers. He expressed that it appears this decision will
restrict his property from having anyone else come in and go in a direction the HPC /City
would appreciate. Attorney Magnuson noted he thought that was the reason behind the city
Page 8 of 14
City Council Meeting
January 31, 2012
planner's recommendation for denial without prejudice; he explained that a decision to deny
outright would prevent reapplying for a permit for a year. There was discussion of the
process involved in which an applicant does not have to be the owner of the property. Jeff
Johnson explained that in this instance, the applicant, or potential purchaser, signed the
application for the demolition permit, along with Mr. Swanson and his business partner; he
added that Mr. Swanson attended at least one of the HPC meetings and was well aware of
what was going on. Mr. Tumblad stated the City does not accept an application without the
property owner's co- signature.
Nathan Jesperson, original applicant, informed them that the HPC worked hard with him and
his wife at design options. He stated that after several meetings, they have backed away from
this lot because it was not quite what they wanted to do design -wise. He added that he has
stayed with the process and the appeal because he doesn't want to leave the property owner
hanging. He described that it was his understanding at one of the meetings that the HPC was
about to approve the demolition permit, pending the design. He continued that the reason he
was still involved was his surprise that the application was completely denied, with the one -
year waiting period as a result. He wanted to be sure the property is not stuck in limbo for a
year.
Ms. Foster reported that neighbors are in favor of the demolition of the house and cleaning
up the property. She agreed that Mr. Swanson should be able to bring in another buyer who
might be sensitive to the design issues.
Councilmember Cook asked whether the denial pertained only to this particular design; and
Mr. Turnblad responded in the affirmative, but pointed out that because the property owner is
co- applicant, the denial would still prevent any new application from being considered for a
year.
No other comments were received, and the hearing was closed.
Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution
2012 -23, resolution adopting findings of fact, conclusions and order related to the denial of a
demolition permit, without prejudice
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Discussion on City Hall chiller
Rich Bornt, City IT technician, reviewed what has happened over the past few months
regarding the issues with the chiller. He reported that in August, several different technicians
visited and were able to band -aid the system to get it working again. He continued that
Council approved a request to hire an HVAC mechanical engineering firm to help figure out
what needs to be done to correct the problem; he stated that the City also had a sound
engineering firm come out to do some studies. He informed Council that the engineering
consultants have completed their studies and provided several options, which have also been
reviewed by the sound engineering people.
Page 9of14
City Council Meeting
January 31, 2012
Lynne and George Bloom, Bloom Engineering, were present and described their studies and
recommended options. Mr. Bloom described the existing chiller unit and stated that was
nearing the end of its life expectancy. He described three replacement options which include
placing a new unit in the same location on the roof or placing a unit at grade, which is more
costly due to the need to re -pipe the equipment; he added that he believes a new unit can be
placed on the roof, with less sound generation.
Ryan Skoug, ESI Engineering, described the sound studies conducted this summer at five
different locations. He found the existing chiller was meeting City code for DBA, but there
was a tone that he believes has been bothering residents more than the overall sound level.
He agreed with the recommendation to go with the quieter chiller on the roof. He reviewed
the sound power data provided by the manufacturer of the chiller; and that the overall sound
level of the two different units is about 9 decibels different. He stated in sound engineering a
difference of 10 decibels is equated to two times quieter. He noted that the old style screw
compressors are known to be noisier compressors and tonal, emitting a distinct tone that can
be very bothersome; he stated that scroll compressors do not have that distinct tone. He
indicated that the new quieter chiller should be below the ambient sound level at most of the
measured locations. He also pointed out a new chiller should be of benefit to City Hall as the
existing chiller is mounted directly to the building and those working in the upper levels can
hear the chiller running; a new chiller could be installed on a vibration isolation curb that
prevents vibrations from getting into the structure, and would reduce noise in the building
itself.
City Administrator Hansen explained that he asked for this presentation so the Council is
aware that if it proceeds with this project, there will still be a certain amount of noise. He
added that if the expectations of neighbors are that the noise will completely disappear, it will
not meet those expectations — there will still be some noise. He also pointed out that the
existing equipment is nearing the end of its life expectancy and will need to be replaced.
On a question by Councilmember Cook, Mr. Skoug described different variables that can
affect noise levels. Councilmember Cook inquired if he had done any studies related to noise
levels if the unit was placed at grade. Mr. Skoug responded that he did not do any studies not
only because of the cost, but because it would only benefit certain neighbors, not everybody.
Mayor Harycki asked if there was anything additional the City could do to buy down the
decibel levels, such as purchasing sound - deadening materials. Mr. Skoug answered that the
new units are already wrapped in sound blankets; and that the only other option would be
constructing a barrier, which would require hiring a structural engineer to determine loads,
etc.
John Ertle, 118 5th Street S, reported the noise is a distinct whine, not the usual air -
conditioning fans. He added that they can tell exactly when the unit cycles on and off, and he
it is somewhat weather dependent. He described the sound seems to be carried by the wind
and humidity. He was convinced that the metal roof has some reflective ability; he suggested
an acoustical engineer should consider the profile of the roof when a new unit is installed and
perhaps use some dampening material or do something on the metal roof to reduce the
reflectivity.
Jim McKinney, 410 W. Rice St., agreed that some consideration should be given to the
geometry of the roof and the way the sound bounces off the walls. He also agreed the whine
Page 10 of 14
City Council Meeting
January 31, 2012
is the most difficult part of the noise problem. He asked if there wasn't some mechanism for
gradually going to full power. Mr. Bloom answered that the recommended unit has four
compressors, with four stages, and all four will not come on at the same time.
There was discussion of various other options for reducing /dampening the sound level.
Mayor Harycki verified there is money in the capital budget to proceed with the purchase of
a new unit.
Mr. Bloom suggested that the City get price quotes and order the unit from the manufacturer
directly and then obtain bids from a contractor for installation to shorten the turn- around
time; he noted that obtaining bids from a contractor first may put the City into the cooling
season. It was suggested that staff check to see whether such equipment is included in the
state bid list.
Motion by Councilmember Polehna, seconded by Councilmember Cook to approve Option 1 as
presented and have staff contact the state to determine whether it is on the state bid list or contact
the manufacturers directly and secure necessary quotes to comply with the competitive bidding
law.
Ayes: Councilmembers cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
NEW BUSINESS
Possible approval of 2012 Street Improvement feasibility report and calling for hearing
Assistant Engineer Kraftson reviewed the proposed 2012 street improvement project. He
informed the Council that streets were selected on the conditions of the streets identified in
the 2010 pavement management plan. Streets proposed for mill and overlay include Sixth
Avenue from Orleans to Church, Churchill from Third Street to Sixth Avenue and
Northwestern Avenue. Those scheduled for reconstruction include Third Street North from
Myrtle to the dead end; Laurel Street; Harriet from Myrtle to Linden; Martha Street from
Myrtle to Mulberry; Everett Street from Myrtle to Laurel; Rice Street from Everett to the east
end; and Linden from Everett to Harriet.
Mr. Kraftson described the sanitary sewer and water issues related to the project, including
the replacement of 75 galvanized water services; new water main on Linden Street and Rice
Street between Everett and Martha where multiple homes are fed off a small galvanized
service. Mr. Kraftson noted that City policy is that new utility installations are assessed 100%
to the homeowner; however the City will be asking the Water Board to pay for a portion,
50 %, of the new water main, but in discussions with the Water Department manager, it does
not appear the Water Board will participate in the cost. He continued by stating that the
project also will include new sewer main on Rice Street to the east of Harriet where there are
two properties still on septic systems; sewer lining at several isolated locations; seal and
repair manhole covers; repair of catch basins where necessary; and installation of three rain
gardens and one larger infiltration basin. The project would also include new curb and gutter
and replacement of sidewalk segments that are deficient
Page 11 of 14
City Council Meeting
January 31, 2012
Mr. Kraftson reviewed the proposed street widths, noting that most are similar to current
widths; two streets, Everett and Martha, are proposed to be narrowed to 32' from 36. He
reviewed the assessment policy, noting that policy is to assess 100% in the Industrial Park
area, which would apply to the section of Northwestern Avenue. All other streets would be
assessed 50% to capital projects fund and 50% to property owners. Replacement of
galvanized water services and new sewer and water would be assessed 100% to the residents,
he stated. There would be two different assessment rates: the front footage method for
commercial and institutional properties and unit method for residential properties, he noted.
He reviewed the proposed assessment rates and project budget. He noted the total estimated
cost of the project is $2,103,000, within the budget of $2,143,000; $1,099,562 of the cost
would be assessed, with $972,438 from capital projects fund.
Councilmember Cook asked whether another public meeting should be scheduled,
considering the size of the assessments to those properties with new sanitary sewer and new
water main. Mr. Kraftson answered that additional public meetings are scheduled, and he
reviewed the proposed project schedule. In discussion of costs, Mr. Kraftson reported that the
unit assessments, $4,400, for the road reconstruction on this project are among the lowest in a
number of years. Mr. Kraftson indicated that the request will be made to the Water Board to
pay 50% of the cost of the new water main, but he noted there is no guarantee the Board will
agree to do that.
Councilmember Cook spoke of the difficult economic times in relation to the assessments,
especially those with the new water /sewer mains.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna to adopt
Resolution 2012 -24, resolution receiving report and calling hearing on 2012 Street Improvement
Project (Project 2012 -02).
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of first reading of an ordinance amending Chapter 43, Liquor
City Clerk Ward noted she had provided a copy of proposed changes to the liquor ordinance
with justification for each of the proposed changes. She listed the changes address signage,
investigation of an applicant, and removing the requirement for a public hearing for liquor
licenses. Ms. Ward pointed out that the Council would still have to approve a liquor license,
but a public hearing would not be required. She informed the Council that the proposed
changes had been reviewed by Attorney Magnuson, Administrator Hansen and Police Chief
Gannaway.
Motion by Councilmember Roush, seconded by Councilmember Cook to approve the first
reading of the ordinance amending Chapter 43, Liquor.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Page 12 of 14
City Council Meeting January 31, 2012
Possible approval to retain a Community Development Summer Intern
Community Development Director reviewed the request for a summer intern, and stated there
is an uncommitted $1,000 in the professional services budget available that could be used to
offer a nominal salary. He explained there are a number of projects an intern could work on
including the development of a commercial property database, development of a community
guide, and researching aspects of trail planning, especially related to the Brown's Creek state
trail.
Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the intern.
All in favor.
Update on RFP for fireworks
City Administrator Hansen reported that RFPs were sent to six different companies and that
the budget was set at $30,000; with a minimum show length of 20, not to exceed 30, minutes;
the requirement for a draw sheet enumerating the number and size of shells; and submission
of references and past experience. He stated that his recommendation would be RES
Specialty Pyrotechnics, a company that has worked with the City many times before and that
company also provided the best description of the type and size of shells. Mr. Hansen noted
that the Parks Commission also recommended RES Specialty by unanimous vote. Mr.
Hansen stated that technically the City still has a contract for fireworks, so he was not
requesting formal action at this meeting. He indicated that he would like to be able to tell the
company that, while the Council hasn't technically awarded the contract, RES is the choice.
The Council took no action, indicating it would accept the City Administrator's
recommendation.
Possible approval of Chris Lauer appointment to Planning Commission
City Clerk Ward stated one application was received for the open position on the Planning
Commission, that the applicant was interviewed by the Commission chair, vice chair and
Councilmember Menikheim, and that appointment is recommended.
Councilmember Menikheim noted that the interview committee recommended that the
applicant attend a one -day training session and have some orientation sessions with Mr.
Turnblad and Planner Pogge.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna to adopt
Resolution 2012 -025, appointing Chris Lauer to Planning Commission moved to approve Mr.
Lauer's appointment.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Page 13 of 14
City Council Meeting January 31, 2012
COMMUNICATIONS/REQUESTS
LMC Workshop Lessons Learned —
This item was postponed due to the length of the meeting.
COUNCIL REQUEST ITEMS
Councilmember Cook informed the panel that she had met with Mr. Sanders and Mr. Moore
regarding a possible use of the old basketball court at Staples Field. She reported that a group
is interested in starting a community garden there and has distributed a pamphlet advertising
a February 8th meeting explaining the proposal. She continued that depending on the
interest, the proposal will be brought to the Parks Commission later in the month.
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Roush to adjourn at 9:45
p.m. All in favor.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2012 -021, directing payment of bills
Resolution 2012 -022, approving Cooperative Purchasing Agreement with the State of
Minnesota (Administration)
Resolution 2012 -023, resolution adopting findings of fact, conclusions and order related to
the denial of a demolition permit, without prejudice
Resolution 2012 -024, resolution receiving report and calling hearing on 2012 Street
Improvement Project (Project 2012 -02)
Resolution 2012 -025, appointing Chris Lauer to Planning Commission moved to approve
Mr. Lauer's appointment
Page 14 of 14
LIST OF BILLS
EXHIBIT "A"TO RESOLUTION #2012-26
1D,OOO LAKES CHAPTER
Spring [EU3 Day Seminar
420.00
10,000 Lakes Chapter ofKZ
2012 Membership Dues
85.00
ABS Company
9vx`nt 2nd Half 2O11TlF#1
1/927'35
Ace Hardware
StmpNts
220'92
Across the Street Productions
Blue Card 5D hour on line training
1,155'00
Advanced Graphix Inc.
Floor Graphic
'200.00
Anderson Richard
Land Purchase-Parking Ramp
106,187.00
Appliance Connections
Refund 8O%of Permit Fee
39'60
Anamark Uniform Services, Inc-
Mats, Uniforms
1,030.42
Associated Bag Company
Open Bin boxes
328.22
AT&T
Telephone
117.33
Bauer Built
Tires
469.03
Bloom Engineers LLC
HVAC Pre Design Study
3,672.50
Board mf Water Commissioner
Hydrant Hit @ Myrtle &FourtM St. Repair, WAC
7,798.34
Brunswick Boat Group
Repairs toboat
4,609.44
Carquemt Auto Parts
Equipment Repair Supplies
1,592.46
CATC[] Parts and Service
Kit Hardware Kit
30.06
CDVV Government, Inc.
Computer Equipment
104.71
Century College
FRTA Firefighter 1
846.80
Ch|oeNoe| Skate @kSportswear
Skating Supplies for Resale
96.70
Chris Amdahl Locksmith, Inc.
Service Call, h4edeco Lock Cylinder
209.00
Cole Papers
Janitorial Supplies
1,010.57
Cmnmcast
Telephone
200.30
Computer Services ofFlorida
SCammeras
755.00
Earl F. Anderson, Inc.
Traffic Cone Firsts with Sleeve
724.13
Bchteno6ervice &Nepair
Equipment Repair Supplies
193.48
Emergency Medical Products, |n
Safety Equipment
149.05
Enterprise Products Operating
Freight for Propane
2.81
ES| Engineering, Inc.
Engineering Services for Rooftop Air Condition
1,897.18
Fastena|Conmpany
Supplies
457.64
Fire Marshall Assoc. &4N
2O12 Membership Tom 0aU|s
35.00
Fire Safety U.S.A.
Unfornns
275.00
FnontierAg &Turf
John Deer Utility Tractor
8,228.69
Fury Dodge Chrysler
Vehicle Repair
797.32
Gopher State One Call, Inc.
Billable Tickets
117.85
Grainger
Equipment Repair Supplies
56'49
Gunva|son,Cathy
Refund for Park Rental Fee Cancelled
135.00
Helmer Printing, Inc.
Printing & Publishing
83'36
Holiday Credit Office
Fuel
238.35
Ice Skating Institute
Skater Membership
13.00
Iceman Industries, Inc.
Road Salt Treatment
2,003.91
Interstate Battery System Of Minneapolis
Battery
230.74
IRS
2O1OVV'2&1099Audit
797.76
].H. Larson Electric
Lamp &Ballast
278.99
EXHIBIT "A" TO RESOLUTION #2012-26 Page 2
Johnson Jeff
Reimburse for Shrink Wrap, & Work Boots
Kirvida Fire, Inc.
Vehicle Repair
L & D Sign Inc.
Electrical Work for Millbrook Park
L.T.G.Power
Equipment Repair Supplies
Loffler Companies, Inc.
Copier Maintenance Agreement
Menards
Supplies
Metro Fire Officers Assoc.
2012 Dues
Metropolitan Council
Wastewater Charge March 2012, January SAC
Michael, Campbell
January 2012 Legislative Services
MN Dept of Labor & Industry
Building Official Certification Renewal
MN Dept. of Public Safety
Application to Title/Register
MN Occupational Health
On Site Drug Collection
MN Pollution Control Agency
Stillwater Stage 3 Floodwall
MnFIAM Book Store
Fundamentals of Firefighter Skills, Bid
MJ Raleigh Truck So.
Gravel
MSSA
2012 Membership
Municipal Emergency Services
Folding Spanner Wrench, Hood Carbon Sh
MWOA
Membership Dues
Northeast WI Technical College
Taser Training Spring 2012 S Hansen
Office Depot
Office Supplies
On Site Sanitation, Inc.
Unit Rental
Pioneer Press
Publications
Proguard Sports, Inc.
Pro Shop Supplies
Sentry Systems, Inc.
Monitoring Services
Short Elliott Hendrickson Inc.
Consulting Eng
Spaulding Mfg., Inc.
Equipment Repair Supplies
Spring Lake ParkFire Dept. Inc
Blue Card Command traininglN
Sprint PCS
Cell Phone
St. Croix Boat & Packet Co.
Arena Billing and Meals for Police
Stillwater & Oak Park Heights CVB
4th Qtr Lodging Tax
Stillwater Motor Company
Vehicle Repair
Stillwater Printing
Printing & Postage Spring LTS flyer
Stillwater Towing
Towing
Stop Stick
Minor Equipment
Streicher's
Uniforms
Summit Fire Protection
Annual Fire Sprinkler Inspection Wet Sys
Sun Newspapers
Publications
SW/WC Service Cooperatives
Retiree Health Insurance & Cobra
Titan Machinery
Filters
Toll Gas & Welding Supply
Maintenance Agreement
Trans Union LLC
Basic Service
Truck Utilities, Inc.
Snow Plows
US Bank Corporate Trust Svcs
Stillwater Levee Wall System Interest
Verizon Wireless
Internet
Wal Mart Community
Supplies
28.49
194.00
5,825.61
149.78
2,000.19
626.12
100.00
135,206.79
1,500.00
110.00
21.50
127.20
1,062.50
560.03
910.99
50.00
290.10
25.00
175.00
382.02
58.78
600.00
286.19
147.00
314.36
1,079.01
2,760.00
132.26
49,095.42
28,778.38
3,075.21
1,175.86
511.31
226.55
117.98
280.00
262.85
52,397.06
67.35
130.48
5.00
9,939.37
750.00
442.34
57.46
EXHIBIT "A"TO RESOLUTION #2012-26
Ward, Diane
Washington County Conservation Distr.
Washington County !nfommantAon Tech Dept
Washington County License Center
Waste Management
WET Technology, Inc.
VVu!fing,Qavid
Yocum Oil Company
Zayu Enterprise Netvvorks,LUC
�if-liffil
1000 Bulbs
Ace Hardware
Aramark
8VV|
Bnndart
Comcast
Good Samaritan Society
Hansen, Ann
Heritage Printing
K4enamds
Minnesota Elevator
Quill
Secure|tnet
Security Response
Spotlight onBooks
Vaoland
Washington County Library
Xce|
Reimburse for K4N8CA Criminal Histories
4th Qtr Quarterly Billing
2012 Citrix License
2 License Tab Renewal
Final Half Garbage Certification
Strainer /&So|inode
Reimburse for K9Boarding
Fuel
Telephone
Lighting Supplies
Janitorial Supplies
Towel & Rug Service
Library Materials
Library Materials
Telecommunications
Refund
Supplies
Supplies
Janitorial Supplies
Elevator Part
Supplies
Tech Support
Maintenance Contract
Conference Registration
Equipment Parts
Telecommunications
Utilities
Page 3
30.00
535.5J
250.00
22.00
16,633.62
209.05
90.00
7,487.13
575.89
539.31
63.21
1,218.46
2,004.74
49.90
50.00
33.65
20.25
85.56
45.66
594.67
156.25
155.67
150.00
129.78
757.00
3,790.31
�& Xcel Energy
RESPONSIBLE BY NATURE"'
January 18, 2012
Shawn Sanders
Public Works Director
216 N 4th St
Stillwater, MN 550824807
Dear Shawn;
825 Rice Street
St. Paul, MN 55117
As you may recall, the Company has been working with interested street lighting customers through an informal
process to develop tariff language that would allow street lighting customers to exclusively receive ;street lighting
service under our tariff, rather than under currently- existing street lighting contracts. Through the informal
process, tariff language was finalized to help clarify and simplify portions of the street lighting tariff, as well as
capture all relevant information contained in the street lighting contracts.
The proposed language was presented to the Minnesota Public Utilities Commission and approved on December
9, 2011. As a result, we are pleased to inform you street lighting service can be now be provided to all street
lighting customers under the updated provisions of Xcel Energy's street lighting tariff. Providing this
information and service under the tariff eliminates the need for individual street lighting contracts and allows
customers to reference appropriate information in one easily accessible place.
Some of you have street lighting contracts with 1 year renewal terms, while others have contracts with 5 year
renewal terms. Normally under these agreements the existing term would have to end before termination of the
contract could occur. However, consistent with the goal of the informal process described above, we ask that
you: (1) sign the enclosed letter to indicate your agreement to waive the termination clause of any existing street
lighting contracts, effective February 29, 2012; and (2) mail or e-mail the executed letter back to me.
Although your street lighting contracts will be terminated, your street lighting service will remain unchanged and
in effect. On a going forward basis, all relative terms and conditions of your service will be in one location on
the tariff sheets in the Electric Rate Book filed with the Minnesota Public Utility Commission. You can view
these pages at:
http: / /www.xcelenergy. com /staticfiles /xe/Regulatorv/Re ug latoiy %20PDFs/Me Section 5.12d
Also, information about street lighting services can be accessed at:
hn: / /www.xcelenergy.com/My Account/Customer Service /Outdoor Lighting
If you have any questions, please call me at 651 -229 -2440 or send an email to me at
Robert.J. Schommerp_xcelenergy. com
Sincerely,
Bob Schommer
Manager, Outdoor Lighting
�& Xcel Energy°
RESPONSIBLE BY NATURE"
Bob Schommer
Manager, Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
In re: Termination of street lighting contracts.
Dear Mr. Schommer:
825 Rice Street
St. Paul, MN 55117
Based upon the Xcel Energy street lighting tariff language approved by the Minnesota Public Utilities Commission
on December 9, 2011 in Docket No. E002/M -11 -820, I hereby agree to waive the termination clause of any existing
street lighting contract on behalf of the City designated below to allow the contract to terminate as of February 29, 2012.
I represent that I have the full legal power, authority and right to provide the waiver on behalf of the City designated below.
Customer City Name:
By:
Title:
Date:
Stillwater Public Library
224 Third St. N.
Stillwater MN 55082
651.275.4338
www.stillwaterlibrary.org
To: Mayor and City Council
From: Lynne Bertalmio, Library Director
Re: 2012 Capital Budget Release — Part I
February 15, 2012
Release of 2012 Capital Funds — Part II
At its monthly meeting on February 14, 2012, the Board of Trustees passed a resolution
requesting that the City Council approve the release of funds from the library's 2012 capital
budget for the following items from the library's 2012 capital budget plan.
Fiction shelving
$1,500
The adult fiction collection is becoming crowded. Although there is adequate room in the fiction
library for the collection, there is no more shelving available.
lU�i7
DATE: February 15, 2012
TO: Mayor and City Council
FROM: Sharon Harrison
Finance Director
RE: Abatement Request
BACKGROUND
On December 20, 2011, the City Council authorized for payable 2012 the certification of
delinquent utility bills. On that list was a parcel that was inadvertently certified. Staff is
requesting an abatement of that certification (for PID 19.030.20.24.0021, principal amount
$94.00, interest amount $9.40 for a total abatement of $103.40).
RECOMMENDATION
Staff recommends abating the assessment from the property taxes for the payable year 2012 for
PID #19.030.20.24.0021.
ACTION REQUIRED
If Council agrees with staff s recommendation, Council needs to pass a resolution abating the
assessment from the 2012 property taxes for PID #19.030.20.24.0021.
RESOLUTION 2012 -027
A RESOLUTION
APPROVING THE ABATEMENT OF
CERTAIN SPECIAL ASSESSMENTS
WHEREAS, Parcel ID No. 19.030.20.24.0021 was assessed for a delinquent
utility bill payable 2012 and certified to Washington County; and
WHEREAS, the abatement request of that certification is because it was
inadvertently included on the delinquent utility bill list ($94.00 principal + $9.40 interest
_ $103.40);
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Stillwater, Minnesota, that the special assessments, as stated above, are hereby abated.
Adopted by the City Council this 21 S` day of February, 2012.
Ken Harycki, Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
j k�g Iter
ONWk
Administration
Memorandum
To: Mayor & City Council
From: Diane Ward, City Clerk
Date: 2/1/2012
Re: Issuance of On -sale and Sunday liquor license
As required, a public hearing must be held for new issuance of liquor licenses. A liquor license
application from Osaka Express, Inc. has been received for the issuance of an On -sale liquor and Sunday
license at 108 Main Street N (formerly Savories).
Approval for the licenses should be contingent upon approval by Police, Finance, Fire, Building
Departments, Washington County Department of Health and Minnesota Liquor Control.
ACTION REQUIRED:
If Council desires to issue a new On -Sale liquor license they should pass a motion to adopt Resolution
No. 2012- APPROVING ISSUANCE OF AN ON -SALE AND SUNDAY LIQUOR LICENSES TO
OSAKA EXPRESS, INC. LOCATED AT 108 MAIN STREET N.
APPROVING ISSUANCE OF AN ON -SALE AND SUNDAY LIQUOR LICENSES TO
OSAKA EXPRESS, INC. LOCATED AT 108 MAIN STREET N.
WHEREAS, an application has been received the issuance of an On -sale and Sunday liquor
license for Osaka Express, Inc. located at 108 Main Street N; and
WHEREAS, a public hearing on the new license was held on February 21, 2012; and
WHEREAS, all required forms have been submitted and fees paid.
NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves the issuance of a new On -Sale and Sunday liquor license conditioned upon
approval by Police, Fire, Building Inspection and Finance Departments, Washington County
Department of Health and Minnesota Liquor Control.
Adopted by Stillwater City Council this 21' day of February, 2012.
Ken Harycki, Mayor
Attest:
Larry D Hansen, Acting City Clerk
r01VIaIIIIIN1K 'tknVj! -I
MEMORANDUM
TO: Mayor & Council
FROM: Diane F. Ward
DATE: February 1, 2012
SUBJECT: Ordinance 1043, Amending Liquor Ordinance
Attached is Ordinance 1043, for the City Council's 2" d reading. No changes have been made
since the last meeting.
RECOMMENDATION:
The staff recommendation is that Council approves the second reading of Ordinance 1043.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting Ordinance
1043, an Ordinance amending the Stillwater City Code, Chapter 43, Liquor.
ORDINANCE 1043
AN ORDINANCE AMENDING THE STILLWATER
CITY CODE, CHAPTER 43, LIQUOR
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Amending. Stillwater City Code Section 43, Liquor, is amended that will
hereafter read as follows:
Sec. 43 -6. Restrictions
Subd.2. Signage
1. Signage for the premises "NO ALCOHOL BEYOND THIS POINT" or "NO
ALCOHOL PERMITTED IN THIS AREA" shall be 2 inches (2 ") tall in contrasting
letters. This shall be determined by the City Clerk and/or Building Official.
2. Consumption or Sale of alcohol on non - licensed areas of the premises will be in
violation of this liquor ordinance and subject to a fine as stated in Chapter 22, Section
22 -9.
Sec. 43 -10. Investigation of Applicant for License.
(a) Preliminary Background. On an initial application for a liquor license
(except Temporary Liquor License), or transfer of a license, and on an
application for renewal of a license, the City Police Department shall
conduct a preliminary criminal history through the Minnesota
Computerized Criminal History (CCH) system, and a driver's license
check or it may contract with the commissioner of public safety for the
investigation. The applicant must submit an investigation fee with the
application as required in Chapter 43, Sections 43-67 of the City Code in
addition to any license fee.
(i) The preliminary criminal history and driver's license background
must be completed for the following persons:
Owners*
Partners*
Officers*
Agents /managers who oversee the sale or purchase of liquor.
* If a large corporate or franchise business (more than three
owners /officers /partners) applies for the liquor license, the City
Police Department shall conduct a Preliminary criminal history as
stated in Sec. 43- 10(a). Each corporate officer must also complete
a Personal History Form in addition to the agent or manager's
requirement.
The criminal history check will be done on the manager /agent or
responsible party through the public Minnesota Criminal History
website. Each manager shall complete a Personal History Form.
(ii) The application packet shall include the following for the
completion of a CCH for owners, partners, officers, manager /agent
or responsible party:
a. Data practices Advisory for Protected Information; and
b. Consent for Release of Information.
(b) Comprehensive Background and Financial Investigation. If the results of
a preliminary investigation warrant are not acceptable to the Police Chief,
a comprehensive background and financial investigation may be
conducted. The City may either conduct the investigation or contract with
the commissioner of public safety for the investigation. If a
comprehensive background and financial investigation is conducted, and if
any part of the investigation occurs outside of the state, the fee for such
comprehensive background and financial investigation shall not exceed
$10,000.00, less any amount paid for the initial investigation. The unused
balance of the fee shall be returned to the applicant whether or not the
application is denied. The fee shall be paid in advance of any
investigation. The results of the comprehensive background and financial
investigation shall be sent to the commissioner of public safety if the
application is for an on —sale intoxicating, an on —sale wine with strong
beer, or off= -sale liquor license.
Sec. 43 -73.
Action on application.
The City Clerk and Police Chief shall investigate the applicant and the representations set
forth in the applications.
The City Council shall either approve or reject the application. If approved, the city clerk
shall issue the license, providing the fee has been paid and the license approved by the
police, fire, inspections, finance, city clerk departments of the city, state commissioner, or
any other State agency (i.e. Department of Agriculture), when applicable. No license
shall be transferable by the licensee or to other premises that described in the original
application.
2. Saving. In all other ways, the City Code will remain in full force and effect.
2
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 21 st day of February 2012.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
j11W le
THE BIRTHPLACE OF MINNESOTA
TO: Mayor & Councilmembers
FROM: Bill Turnblad, Community Development Director
DATE: January 26, 2012
RE: Armory Project: Expanded Gymnasium
BACKGROUND
The Minnesota Department of Military Affairs is in the process of receiving design
services proposals for the new Stillwater Readiness Center (aka armory). The State
Selection Board is expected to choose the design team by the end of March 2012. In
April the team will conduct a design charette for the Readiness Center and Fire Station.
Prior to working through the design charette, the Dept. of Military Affairs needs the City
of Stillwater to decide whether it wants the expanded assembly hall (gymnasium) to be
designed at the same time as the rest of the armory.
DISCUSSION
The National Guard's basic assembly hall will be constructed with federal dollars. Any
upgrades to it must be paid by the City. Upgrades would include AC, any size
expansion for additional courts or bleachers, and any floor finish besides sealed
concrete.
The National Guard's basic 6,300 square foot assembly hall size is sufficient for a single
full -sized basketball court. It will not be large enough to accommodate bleachers.
According to the National Guard Armory Site Study done by Ankeny Kell for the City in
April 26, 2005, the smallest size necessary for two full size basketball courts (or four
volleyball courts) with a few bleachers is about 14,400 square feet. The City would be
responsible for the additional 8,100 square feet of gym space, the cost of air
conditioning for the entire 14,400 square feet, gym flooring and bleachers. The City
would also be responsible for the design costs associated with the extra 8,100 square
feet of gymnasium.
COSTS
In 2006 Ankeny Kell estimated that the City construction costs for the gymnasium
upgrades would be about $1,225,000. It is certainly not out of the question that the
Armory Gym Expansion
January 26, 2012
Page 2
2012 cost for the same improvements could be about $1,500,000. Depending upon the
type of gym flooring installed, this number could be even higher.
If the estimated construction cost is $1,500,000 and a design fee of 7% is applied, the
estimated design fee for the additional gym space would be $105,000. This cost would
be the City's responsibility.
The Council will need to decide by the March 20, 2012 Council meeting if it wants to
proceed with the additional gymnasium space. At a minimum, this means that by
March 20 the Council will have to decide whether to authorize proceeding with 35% of
the design work for the gym expansion. The cost of this 35% design work is estimated at
about $36,7501.
REQUIRED COUNCIL ACTION
Decide by the March 20, 2012 Council meeting whether to authorize proceeding with
35% of the design work for the gymnasium expansion.
bt
Based upon a 7% design fee, and an estimated construction cost of $1,500,000.00, the total design fee for the gymnasium
expansion would be $105,000.00 35% of the $105,000 design fee would be $36,750.
MEMORANDUM
To: Mayor and City Council
From: Shawn Sanders, Director of Public Works
Date: February 15, 2012
Re: Feasibility Report Third Street South Improvement Project
BACKGROUND
Over the next few years Washington County (County) is planning street improvements on CSAH
23 through City of Stillwater (City). These streets include Orleans Street, South Third Street and
Chestnut Street. In 2012, the County is proposing a project on the bituminous section of South
Third Street from Orleans Street to just south of Walnut Street.
PROPOSED PROJECT
The County is proposing to reconstruct the pavement section with either concrete or bituminous,
install pedestrian bump-outs at certain intersections, and pedestrian ramps. As part of the
reconstruction, the east side Third Street would be narrowed four feet from its current width of
44 feet from Orleans Street to Willard. Narrowing the street by four feet would create a
boulevard for the property owners and would aid in the storage of snow during the winter
months. The sidewalk on the east side would be removed and widened to five feet in order to
be compliance with ADA requirements. No change would be made to the street width and
sidewalk from Willard Street to Walnut Street( St. Michaels Church).
PROJECT COSTS
The overall project cost is estimated to be $900,000 and primarily funded by Washington
County, but according to their cost participation policy, some items are the city's responsibility.
These include 50 % of the new sidewalk and curb and gutter, and a small portion of the traffic
control, erosion control, and mobilization costs. It is estimated that the cost to the city for these
items is $51,023,20, which also includes city administration costs and plan review.
PROJECT FINANCING
Using the City's Assessment Policy, it is proposed that affected properties be assessed 50% of
the city's project costs or $25,511.60. Assessment rates would be based on the unit method with
interior lots being assessed I full unit and corner lots being assessed 0.5 units. Affected
properties include those only on the east side of Third Street South from Orleans to Willard
Street total 23 interior lots and 10 comer lots or 28 total units . This amounts to a proposed
assessment rate of $917.0 for interior lots and $458.5 corner lots. The remaining portion would
be from the City's Capital Project Fund.
PROPOSE SCHEDULE (Preliminary)
Feasibility Study
February 21, 2012
Neighborhood Hearing
March 1, 2012
Public Hearing
March 6, 2012
Approve Plans
April 3, 2012
Award Bid
May 8, 2012
Construction
June - August
Assessment Hearing
September 18th 2012
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 study for South Third Street
Improvement Project and order a public hearing to be held on March 6, 2012 at 7:00 p.m.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting Resolution
2012- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
THIRD STREET SOUTH IMPROVEMENT PROJECT (Project 2012 -04)
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RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
THIRD ST S IMPROVEMENT PROJECT
(PROJECT 2012 -04)
WHEREAS, pursuant to resolution of the Council adopted January 17, 2012 a report has been
prepared by the City Engineer with reference to the Third St S Improvement Project; and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost - effective, and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
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 Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of $51,023.20.
2. A public hearing shall be held on such proposed improvement on the 6t" day of March
2012, 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 21st day of February 2012.
ATTEST:
Diane F. Ward, City Clerk
Ken Hatycki, Mayor
A RESOLUTION CANCELING A CONTRACT
WHEREAS, the City is a party to a contract with Lumberjack Days Festival Association,
Inc. (the Association) whereby the City authorized the Association to conduct the Lumberjack
Days celebration in Stillwater, and the contract was made subject to certain conditions in
September of 2008 for a term of five (5) years, and
WHEREAS, the Association contract (the Contract) reserves unto the City all rights
under the police power of the City to suspend any part of the event when the public's health,
safety and welfare is threatened, it has come to the attention of the City that obligations of the
Association to pay for goods and services rendered and delivered to the Association for the
conducting of the event are unpaid and have resulted in litigation, and
WHEREAS, a Judgment filed in the Washington County District Court in April of 2011
against St. Croix Events, Inc. (St. Croix) in favor of RES Specialty Pyrotechnics (RES) of Belle
Plaine, Minnesota, on the basis that RES had not been paid for providing fireworks for the 4th of
July and Lumberjack Days for the years 2008 and 2009, and a Judgment is in the amount of
$104,620 even though the City had contributed $40,000 to the Association towards the cost of
fireworks in each of those years, and
WHEREAS, the City has not received verification of gate receipts for the 2010
Lumberjack Days Celebration, and
WHEREAS, the City has received numerous phone calls and emails from vendors who
have not been paid for services provided to the Association for Lumberjack Days 2010 and 2011,
and
WHEREAS, complaints have been made with the City regarding unpaid creditors of bath
St. Croix and the Association and the complaints remain under investigation, and the level of
public disapproval of a continued `collaboration' with either entity is damaging to the health,
safety and welfare of the community, and
WHEREAS, the Washington County Sherriff has not completed an investigation of St.
Croix and the Association, and has advised that another 3!/2 months will be needed to complete
the investigation.
NOW, THEREFORE, be it resolved as follows:
1.) That the Contract with the Association for Lumberjack Days and the 4th of July is
hereby canceled;
2.) That the City will contract directly with a vendor for production of the 4th of July
fireworks for 2012.
Enacted by the City Council this 21 st day of February, 2012.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Acting City Clerk
-2-
ACCEPTING FIREWORKS PROPOSAL AND AWARDING CONTRACT TO
RES SPECIALTY PYROTECHNICS FOR THE JULY 4, 2012 FIREWORKS
BE IT RESOLVED, by the City Council of Stillwater, MN that proposal from
RES Specialty Pyrotechnics is hereby accepted and the contract between RES Specialty
Pyrotechnics and the City of Stillwater for the July 4, 2012 Fireworks is hereby awarded
and authorizes the Mayor and Acting City Clerk to sign the agreement.
Adopted by the City Council of the City of Stillwater this 21st day of February
2012.
Ken Harycki, Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 # Oak Park Heights, MN 55082 • Phone ((x51) 439-4439 • Fax (651) 439-0574
February 2, 2012
TO: Mr. Larry Hansen, City Administrator
City of Stillwater
***VIA EMAIL ONLY; 1hardeq vei.stilt-evatermmus
Z-
FROM: Eric Johnson, City Admini
City of Oak Park Heights ,
RE: Fireworks Contribution
Dear Larry,
On January 31', 2012, the, City Counr. d pass a motion allocating $7,000 to the City of
Stillwater for the 4h of July fireworks 1 !play. The City would only ask that it be reasonably
included in any standard promotional or sponsorship information Stillwater may typically
generate and/or possibly via any public address typically made prior to the start of such event.
The City is not asking that Stillwater do something new for our purposes.
Oak Park Heights is flexible on how these funds are best allocated to your City, but would think
these funds should be delivered upon your finalizing any contract with you private vendor, but
whatever thoughts you may have on that let me know and we can work it out.
Thanks Again.
Good luck in your RFP process.
Eric
Agreement for Lobbyist Services
THIS AGREEMENT is made and entered into this day of February, 2012, by and
between the City of Stillwater, Minnesota, a municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as "City," and Wilhelmi Government Affairs, 819 Everett
Drive, Stillwater, Minnesota 54082, a Wisconsin corporation, hereinafter referred to as
"Consultants."
The City and Consultants, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, agree as follows:
SECTION 1. Scope of Services.
Consultants agree to provide government relations services as described below. The
specific tasks, deliverables, time lines, etc that make up these services are as follows:
The City has the following priorities ( "Priorities ") dealing with legislation in 2012:
1) passage of State and Federal legislation needed to secure construction of a new St.
Croix River Crossing. The services will be provided in conjunction and in concert with
services provided by the Consultants under contract with the Coalition for St. Croix River
Crossing, Inc.
2) assist Federal, State and local officials in obtaining permission and making decisions
that will allow for the timely construction of the St. Croix River Crossing.
3) prevent passage of legislation that would impede the ability of Federal, State Court or
local government agencies to participate in the timely construction of the St. Croix River
Crossing.
As part of these services, Consultants will provide weekly emails to the designated City
Project Manager summarizing issues critical to the City and monthly written reports
detailing what progress has been made for the City.
SECTION 2. Time For Completion.
A. The services rendered by Consultant shall be commenced upon execution
of the Agreement and notification by the City to proceed and will be completed by July 1, 2012,
at which time the agreement will terminate.
B. Consultants may not proceed with any task without specific authorization from the
City Project Manager.
C. In the event of delays caused by the City or which may be reasonably requested by the
Consultants, Consultants may request an extension of time for completion of the project. The
Project Manager will review the request and may grant such extensions of contract time as may
be reasonable.
SECTION 3. Billings and Payment.
A. The City hereby agrees to compensate Consultants in the amount(s) and according to
the schedule that follows.
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B. The above amounts shall fully compensate Consultants for all work and associated
costs. The City will honor no claim for services provided by the Consultants not specifically
provided for in this Agreement. Total costs for the project shall not exceed
not including reimbursable expenses. In the event the City requests
additional work not covered in the scope of the contract, an amendment to this Agreement must
be executed.
C. Consultants shall submit an itemized invoice monthly. Upon receipt of the invoice and
verification of the charges by the Project Manager, the City shall make payment to Consultants
within thirty (30) days.
D. In the event the Consultants fails to comply with any terms or conditions of the
contract or to provide in any manner the work or services as agreed to herein, the City reserves
the right to withhold any payment until the City is satisfied that corrective action has been taken
or completed. This option is in addition to and not in lieu of the City's right to termination as
provided in the sections of this Agreement.
SECTION 4. Project Management.
A. The City requires the Consultants to assign specific individuals as principal project
members and to assure that the major work and coordination will remain the responsibility of
these individuals during the term of the Agreement. Removal of any principal project member
without replacement by equally qualified individuals or without the prior written approval of the
City is grounds for termination of the Agreement by the City.
B. The City has designated Larry Hansen, City Administrator, as the Project Manager for
this Agreement, and the individual to whom all communications pertaining to the Agreement
shall be addressed. The Project Manager shall have the authority to transmit instructions, receive
information, and interpret and define the City's policy and decisions pertinent to the work
covered by this Agreement.
SECTION 5: City Responsibilities.
2
A. The City agrees to provide Consultant with access to any information from City
documents, staff, and other sources needed by Consultant to complete the work
described herein.
B. City will be responsible for any lobbyist principal and lobbyist registration fees
imposed by the State of Minnesota.
SECTION 6. Work Products, Records, Dissemination of Information.
A. For purposes of this Agreement, the following words and phrases shall have the
meanings set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Work product" means any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
Consultants' services under this Agreement.
"Supporting documentation " means any surveys, questionnaires, notes, research, papers,
analyses, whether in written, electronic, or in other format and other evidences used to generate
any and all work performed and work products generated under this Agreement.
"Business records " means any books, documents, papers, account records and other
evidences, whether written, electronic, or in other forma, belonging to Consultant and pertaining
to work performed under this Agreement.
B. All deliverable work products and supporting documentation that result from the
Consultants' services under this Agreement must be delivered to the City and will become the
property of the City after final payment is made to the Consultants with no right, title, or interest
in the work products or supporting documentation vesting in Consultant.
C. The Consultants agrees not to release, transmit, or otherwise disseminate information
associated with or generated as a result of the work performed under this Agreement without
prior knowledge and written consent of the City.
D. In the event of termination, all documents finished or unfinished, and supporting
documentation prepared by the Consultants under this Agreement, shall be delivered to the City
by Consultants by the termination date and there shall be no further obligation of the City to
Consultants except for payment of amounts due and owing for work performed and expenses
incurred to the date and time of termination.
E. The Consultants agree to maintain all business records in such a manner as will readily
conform to the terms of this Agreement and to make such materials available at its office at all
reasonable times during this Agreement period and for six (6) years from the date of the final
payment under the contract for audit or inspection by the City, the Auditor of the State of
Minnesota, or other duly authorized representative.
F. Consultants agree to abide strictly by Chapter 13 ,Minnesota Government Data
Practice Act, and in particular Minn. Stat. §§ 13.05, subd. 6 and 11; and 13.37, subd. 1 (b) and
Minn. Stat. §§ 138.17 and 15.17. All of the data created, collected, received, stored, used,
maintained, or disseminated by the Consultants in performing functions under this Agreement is
subject to the requirements of the Minnesota Government Data Practices Act and Consultants
must comply with those requirements as if it were a governmental entity. If any provision of this
Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota
state laws, state law shall control.
SECTION 7. Equal Opportunity Employment.
A. Consultants will not discriminate against any employee or applicant for employment
for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional
orientation, national origin, ancestry, familial status, age, disability, marital status, or status with
regard to public assistance and will take affirmative steps to ensure that applicants are employed
and employees are treated during employment without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms
of compensation; and selection for training, including apprenticeship.
SECTION 8. Compliance With Applicable Law.
A. Consultants agree to comply with all federal, state, and local laws or ordinances, and
all applicable rules, regulations, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofar as they relate to the Consultants"
performance of the provisions of this Agreement. It shall be the obligation of the Consultants to
apply for, pay for, and obtain all permits or licenses required.
SECTION 9. Conflict of Interest.
A. Consultants agrees that it will not contract for or accept employment for the
performance of any work or services with any individual, business, corporation, or government
unit that would create a conflict of interest in the performance of its obligations pursuant to this
Agreement with the City.
B. Consultants' acceptance of this Agreement indicates compliance with the Stillwater
City Charter: "(a) Any public officer or public employee who is authorized in an official
capacity to take part in any manner in making any sale, lease or contract decision may not
voluntarily have a personal financial interest in that sale, lease or contract decision or personally
benefit therefrom."
F1
C. Consultants agree that, should any conflict or potential conflict of interest become
known, Consultants will advise the City Project Manager of the situation so that a determination
can be made about Consultants' ability to continue performing services under the Agreement.
SECTION 10. Insurance.
A. Consultants shall be required to carry insurance of the kind and in the amounts shown
below for the life of the contract. Certificates for General Liability Insurance should state that the
City of Stillwater, its officials, employees, agents and representatives are Additional Insureds.
General or Business Liability Insurance, with coverage of at least $1,500,000, all with
combined single limits.
2. Automobile Insurance -(When Commercial vehicles are used in connection with a
contract)
a. Bodily Injury
$ 750,000 per person
$1,000,000 per accident
b. Property Damage not less than $50,000 per accident
Coverage shall include: hired, non -owned and owned auto
Automobile Insurance — (When Personal vehicles are used in connection with a contract,
the City is not required to be named as Additional Insured, but proof of insurance is
required prior to commencement of activities.)
a. Bodily Injury
b. Property Damage
$30,000 per person
$60,000 per accident
$20,000 per accident
Automobile Insurance — (When Rental vehicles are used in connection with a contract,
the Contractor shall either purchase insurance from the rental agency, or provide City
with proof of insurance as stated above.
3. Worker's Compensation and Employer's Liability
a. Worker's Compensation per Minnesota Statutes
b. Contractors with 10 or fewer employees who do not have Worker's Compensation
coverage are required to provide the City with a letter verifying their number of
employees and a statement that they do not carry this coverage.
4. Professional Liability Insurance (is required when a contract is for service for which
professional liability insurance is available for purchase.)
5.
a. $1,000,000 per occurrence
b. $2,000,000 aggregate
6. General Insurance Requirements
a. All policies shall be written on an occurrence basis or as acceptable to the City.
Certificate of insurance must indicate if the policy is issued on a claims -made or
occurrence basis. All certificates of insurance shall provide that the Division of
Contract and Analysis Services be given not less than (30) days prior written notice of
cancellation, non - renewal or any material changes in the policy, including, but not
limited to, coverage amounts. Agent must state on the certificate if company carries
errors and omissions coverage.
b. The Consultants may not commence aM work until Certificates of Insurance covering
all of the insurance required for this project is approved and the Project manager has
issued a notice to proceed. Insurance must remain in place for the duration of the
original contract and any extension periods.
c. The City reserves the right to review Consultant's insurance policies at any time to
verify that City requirements have been met.
d. Nothing shall preclude the City from requiring Consultants to purchase and provide
evidence of additional insurance if the scope of services change, if the amount of the
contract is significantly increased, or if the exposure to the City or its citizens is
deemed to have increased.
e) Satisfaction of policy limits required above for General Liability and Automobile
Liability Insurance, may be met with the purchase of an umbrella or excess policy.
Any excess or umbrella policy shall be written on an occurrence basis, and if such
policy is not written by the same insurance carrier, the proof of underlying policies
shall be provided with any certificate of insurance.
SECTION 11. Independent Contractor.
A. It is agreed by the parties that, at all times and for all purposes within the scope of the
Agreement, the relationship of the Consultants to the City is that of independent contractor and
not that of employee. No statement contained in this Agreement shall be construed so as to find
Consultant an employee of the City, and Consultant shall be entitled to none of the rights,
privileges, or benefits of Saint Paul employees.
SECTION 12. Subcontracting.
A. The Consultants agree not to enter into any subcontracts for any of the work
contemplated under this Agreement without obtaining prior written approval of the City.
G
SECTION 13. Hold Harmless.
A. The Consultants shall indemnify, save and hold harmless, protect, and defend the City,
its officers, agents, and employees from all claims, actions or suits of any character brought for
or on account of any claimed or alleged injuries or damages received by any person or property,
including the City, resulting from any act or omission by any person employed by Consultants in
carrying out the terms of this Agreement.
SECTION 14. Assignment.
A. The City and the Consultants each binds itself and its successors, legal representatives,
and assigns of such other party, with respect to all covenants of this Agreement; and neither the
City nor the Consultants will assign or transfer their interest in this Agreement without the
written consent of the other.
SECTION 15. Termination.
A. This Agreement will continue in full force and effect until completion of the project as
described herein unless either party terminates it at an earlier date. Either party to this Agreement
may terminate it by giving no less than thirty (30) days written notice of the intent to terminate to
the other party.
B. With Cause. The City reserves the right to terminate this Agreement if the Consultants
violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under
this Agreement as determined by the City. In the event that the City exercises its right to
withhold payment or terminate under this Section, it shall submit written notice to the
Consultants specifying the extent of such withholding or termination under this Section, the
reasons therefore, and the date upon which such withholding or termination becomes effective.
Upon receipt of such notice, the Consultants shall take all actions necessary to discontinue
further commitments of funds to the extent that they relate to the terminated portions of this
Agreement.
C. In the event of termination, the City will pay Consultants for all services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until
the date of termination. The Consultant will deliver all work products and supporting
documentation developed up to the time of termination prior to the City rendering final payment
for service.
SECTION 16: Default by Consultant.
A. In the event Consultants fails or neglects to comply with any term or condition of this
Agreement or to provide the services stated herein, City shall have the right, after written notice,
to cease payment hereunder. This remedy shall be in addition to any other remedies, including
termination, available to the City in law or equity. The City shall be entitled to recover
reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder.
7
SECTION 17. Amendment or Changes to Agreement.
A. City or Consultants may request changes that would increase, decrease, or otherwise
modify the Scope of Services. Such changes and method of compensation must be authorized in
writing in advance by the City.
B. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the parties.
C. Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such amendment,
modification, or supplement. The term "this Agreement" as used herein shall be deemed to
include any future amendments, modifications, and additional schedules made in accordance
herewith.
SECTION 18. Notices.
A. Except as otherwise stated in this Agreement, any notice or demand to be given under
this Agreement shall be delivered in person or deposited in United States Certified Mail, Return
Receipt Requested. Any notices or other communications shall be addressed as follows:
To City: Larry D. Hansen, City Administrator
City Hall
216 Fourth Street North
Stillwater, MN 55082
To Consultant: Michael Wilhelmi, Wilhelmi Government Affairs
819 Everett Drive
Stillwater, MN 55082
SECTION 19. Waiver.
A. Any fault of a party to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's provisions.
SECTION 20. Survival of Obligations.
A. The respective obligations of the City and Consultants under these terms and
conditions, which by their nature would continue beyond the termination, cancellation, or
expiration hereof, shall survive termination, cancellation or expiration hereof.
B. If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate.
If a provision is so terminated but the parties legally, commercially, and practicably can continue
this Agreement without the terminated provision, the remainder of this Agreement shall continue
in effect.
SECTION 21. Interpretation of Agreement, Venue.
A. This Agreement shall be interpreted and construed according to the laws of the State
of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the
County of Ramsey, Second Judicial District, State of Minnesota.
SECTION 22. Force Majeure.
A. Neither the City nor the Consultants shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control, including, but
not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and
other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other
civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities.
SECTION 23. Entire Agreement.
A. It is understood and agreed that this entire Agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
For the City of Stillwater: For Consultants:
Approved as to form:
By
City Attorney
Executed:
Mayor
I
Wilhelmi Government Affairs
Agreement for Lobbyist Services
THIS AGREEMENT is made and entered into this day of February, 2012, by and
between the City of Stillwater, Minnesota, a municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as "City," and Riverwood Group, 985 Hazel Street, River
Falls, Wisconsin 54022, a Wisconsin corporation, hereinafter referred to as "Consultants."
The City and Consultants, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, agree as follows:
SECTION 1. Scope of Services.
Consultants agree to provide government relations services as described below. The
specific tasks, deliverables, time lines, etc that make up these services are as follows:
The City has the following priorities ( "Priorities ") dealing with legislation in 2012:
1) passage of State and Federal legislation needed to secure construction of a new St.
Croix River Crossing. The services will be provided in conjunction and in concert with
services provided by the Consultants under contract with the Coalition for St. Croix River
Crossing, Inc.
2) assist Federal, State and local officials in obtaining permission and making decisions
that will allow for the timely construction of the St. Croix River Crossing.
3) prevent passage of legislation that would impede the ability of Federal, State Court or
local government agencies to participate in the timely construction of the St. Croix River
Crossing.
As part of these services, Consultants will provide weekly emails to the designated City
Project Manager summarizing issues critical to the City and monthly written reports
detailing what progress has been made for the City.
SECTION 2. Time For Completion.
A. The services rendered by Consultant shall be commenced upon execution
of the Agreement and notification by the City to proceed and will be completed by July 1, 2012,
at which time the agreement will terminate.
B. Consultants may not proceed with any task without specific authorization from the
City Project Manager.
C. In the event of delays caused by the City or which may be reasonably requested by the
Consultants, Consultants may request an extension of time for completion of the project. The
Project Manager will review the request and may grant such extensions of contract time as may
be reasonable.
SECTION 3. Billings and Payment.
A. The City hereby agrees to compensate Consultants in the amount(s) and according to
the schedule that follows.
A.
B. The above amounts shall fully compensate Consultants for all work and associated
costs. The City will honor no claim for services provided by the Consultants not specifically
provided for in this Agreement. Total costs for the project shall not exceed
not including reimbursable expenses. In the event the City requests
additional work not covered in the scope of the contract, an amendment to this Agreement must
be executed.
C. Consultants shall submit an itemized invoice monthly. Upon receipt of the invoice and
verification of the charges by the Project Manager, the City shall make payment to Consultants
within thirty (30) days.
D. In the event the Consultants fails to comply with any terms or conditions of the
contract or to provide in any manner the work or services as agreed to herein, the City reserves
the right to withhold any payment until the City is satisfied that corrective action has been taken
or completed. This option is in addition to and not in lieu of the City's right to termination as
provided in the sections of this Agreement.
SECTION 4. Project Management.
A. The City requires the Consultants to assign specific individuals as principal project
members and to assure that the major work and coordination will remain the responsibility of
these individuals during the term of the Agreement. Removal of any principal project member
without replacement by equally qualified individuals or without the prior written approval of the
City is grounds for termination of the Agreement by the City.
B. The City has designated Larry Hansen, City Administrator, as the Project Manager for
this Agreement, and the individual to whom all communications pertaining to the Agreement
shall be addressed. The Project Manager shall have the authority to transmit instructions, receive
information, and interpret and define the City's policy and decisions pertinent to the work
covered by this Agreement.
SECTION 5: City Responsibilities.
2
A. The City agrees to provide Consultant with access to any information from City
documents, staff, and other sources needed by Consultant to complete the work
described herein.
B. City will be responsible for any lobbyist principal and lobbyist registration fees
imposed by the State of Minnesota.
SECTION 6. Work Products, Records, Dissemination of Information.
A. For purposes of this Agreement, the following words and phrases shall have the
meanings set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Work product" means any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
Consultants' services under this Agreement.
"Supporting documentation " means any surveys, questionnaires, notes, research, papers,
analyses, whether in written, electronic, or in other format and other evidences used to generate
any and all work performed and work products generated under this Agreement.
"Business records " means any books, documents, papers, account records and other
evidences, whether written, electronic, or in other forma, belonging to Consultant and pertaining
to work performed under this Agreement.
B. All deliverable work products and supporting documentation that result from the
Consultants' services under this Agreement must be delivered to the City and will become the
property of the City after final payment is made to the Consultants with no right, title, or interest
in the work products or supporting documentation vesting in Consultant.
C. The Consultants agrees not to release, transmit, or otherwise disseminate information
associated with or generated as a result of the work performed under this Agreement without
prior knowledge and written consent of the City.
D. In the event of termination, all documents finished or unfinished, and supporting
documentation prepared by the Consultants under this Agreement, shall be delivered to the City
by Consultants by the termination date and there shall be no further obligation of the City to
Consultants except for payment of amounts due and owing for work performed and expenses
incurred to the date and time of termination.
E. The Consultants agree to maintain all business records in such a manner as will readily
conform to the terms of this Agreement and to make such materials available at its office at all
reasonable times during this Agreement period and for six (6) years from the date of the final
payment under the contract for audit or inspection by the City, the Auditor of the State of
Minnesota, or other duly authorized representative.
F. Consultants agree to abide strictly by Chapter 13 ,Minnesota Government Data
Practice Act, and in particular Minn. Stat. §§ 13.05, subd. 6 and 11; and 13.37, subd. 1 (b) and
Minn. Stat. §§ 138.17 and 15.17. All of the data created, collected, received, stored, used,
maintained, or disseminated by the Consultants in performing functions under this Agreement is
subject to the requirements of the Minnesota Government Data Practices Act and Consultants
must comply with those requirements as if it were a governmental entity. If any provision of this
Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota
state laws, state law shall control.
SECTION 7. Equal Opportunity Employment.
A. Consultants will not discriminate against any employee or applicant for employment
for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional
orientation, national origin, ancestry, familial status, age, disability, marital status, or status with
regard to public assistance and will take affirmative steps to ensure that applicants are employed
and employees are treated during employment without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms
of compensation; and selection for training, including apprenticeship.
SECTION 8. Compliance With Applicable Law.
A. Consultants agree to comply with all federal, state, and local laws or ordinances, and
all applicable rules, regulations, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofar as they relate to the Consultants"
performance of the provisions of this Agreement. It shall be the obligation of the Consultants to
apply for, pay for, and obtain all permits or licenses required.
SECTION 9. Conflict of Interest.
A. Consultants agrees that it will not contract for or accept employment for the
performance of any work or services with any individual, business, corporation, or government
unit that would create a conflict of interest in the performance of its obligations pursuant to this
Agreement with the City.
B. Consultants' acceptance of this Agreement indicates compliance with the Stillwater
City Charter: "(a) Any public officer or public employee who is authorized in an official
capacity to take part in any manner in making any sale, lease or contract decision may not
voluntarily have a personal financial interest in that sale, lease or contract decision or personally
benefit therefrom."
C. Consultants agree that, should any conflict or potential conflict of interest become
known, Consultants will advise the City Project Manager of the situation so that a determination
can be made about Consultants' ability to continue performing services under the Agreement.
SECTION 10. Insurance.
A. Consultants shall be required to carry insurance of the kind and in the amounts shown
below for the life of the contract. Certificates for General Liability Insurance should state that the
City of Stillwater, its officials, employees, agents and representatives are Additional Insureds.
1. General or Business Liability Insurance, with coverage of at least $1,500,00, all with
combined single limits.
2. Automobile Insurance -(When Commercial vehicles are used in connection with a
contract)
a. Bodily Injury $ 750,000 per person
$1,000,000 per accident
b. Property Damage not less than $50,000 per accident
Coverage shall include: hired, non -owned and owned auto
Automobile Insurance — (When Personal vehicles are used in connection with a contract,
the City is not required to be named as Additional Insured, but proof of insurance is
required prior to commencement of activities.)
a. Bodily Injury
b. Property Damage
$30,000 per person
$60,000 per accident
$20,000 per accident
Automobile Insurance — (When Rental vehicles are used in connection with a contract,
the Contractor shall either purchase insurance from the rental agency, or provide City
with proof of insurance as stated above.
3. Worker's Compensation and Employer's Liability
a. Worker's Compensation per Minnesota Statutes
b. Contractors with 10 or fewer employees who do not have Worker's Compensation
coverage are required to provide the City with a letter verifying their number of
employees and a statement that they do not carry this coverage.
4. Professional Liability Insurance (is required when a contract is for service for which
professional liability insurance is available for purchase.)
5.
a. $1,000,000 per occurrence
b. $2,000,000 aggregate
6. General Insurance Requirements
a. All policies shall be written on an occurrence basis or as acceptable to the City.
Certificate of insurance must indicate if the policy is issued on a claims -made or
occurrence basis. All certificates of insurance shall provide that the Division of
Contract and Analysis Services be given not less than (30) days prior written notice of
cancellation, non - renewal or any material changes in the policy, including, but not
limited to, coverage amounts. Agent must state on the certificate if company carries
errors and omissions coverage.
b. The Consultants may not commence aM work until Certificates of Insurance covering
all of the insurance required for this project is approved and the Project manager has
issued a notice to proceed. Insurance must remain in place for the duration of the
original contract and any extension periods.
c. The City reserves the right to review Consultant's insurance policies at any time to
verify that City requirements have been met.
d. Nothing shall preclude the City from requiring Consultants to purchase and provide
evidence of additional insurance if the scope of services change, if the amount of the
contract is significantly increased, or if the exposure to the City or its citizens is
deemed to have increased.
e) Satisfaction of policy limits required above for General Liability and Automobile
Liability Insurance, may be met with the purchase of an umbrella or excess policy.
Any excess or umbrella policy shall be written on an occurrence basis, and if such
policy is not written by the same insurance carrier, the proof of underlying policies
shall be provided with any certificate of insurance.
SECTION 11. Independent Contractor.
A. It is agreed by the parties that, at all times and for all purposes within the scope of the
Agreement, the relationship of the Consultants to the City is that of independent contractor and
not that of employee. No statement contained in this Agreement shall be construed so as to find
Consultant an employee of the City, and Consultant shall be entitled to none of the rights,
privileges, or benefits of Saint Paul employees.
SECTION 12. Subcontracting.
A. The Consultants agree not to enter into any subcontracts for any of the work
contemplated under this Agreement without obtaining prior written approval of the City.
2
SECTION 13. Hold Harmless.
A. The Consultants shall indemnify, save and hold harmless, protect, and defend the City,
its officers, agents, and employees from all claims, actions or suits of any character brought for
or on account of any claimed or alleged injuries or damages received by any person or property,
including the City, resulting from any act or omission by any person employed by Consultants in
carrying out the terms of this Agreement.
SECTION 14. Assignment.
A. The City and the Consultants each binds itself and its successors, legal representatives,
and assigns of such other party, with respect to all covenants of this Agreement; and neither the
City nor the Consultants will assign or transfer their interest in this Agreement without the
written consent of the other.
SECTION 15. Termination.
A. This Agreement will continue in full force and effect until completion of the project as
described herein unless either party terminates it at an earlier date. Either party to this Agreement
may terminate it by giving no less than thirty (30) days written notice of the intent to terminate to
the other party.
B. With Cause. The City reserves the right to terminate this Agreement if the Consultants
violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under
this Agreement as determined by the City. In the event that the City exercises its right to
withhold payment or terminate under this Section, it shall submit written notice to the
Consultants specifying the extent of such withholding or termination under this Section, the
reasons therefore, and the date upon which such withholding or termination becomes effective.
Upon receipt of such notice, the Consultants shall take all actions necessary to discontinue
further commitments of funds to the extent that they relate to the terminated portions of this
Agreement.
C. In the event of termination, the City will pay Consultants for all services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until
the date of termination. The Consultant will deliver all work products and supporting
documentation developed up to the time of termination prior to the City rendering final payment
for service.
SECTION 16: Default by Consultant.
A. In the event Consultants fails or neglects to comply with any term or condition of this
Agreement or to provide the services stated herein, City shall have the right, after written notice,
to cease payment hereunder. This remedy shall be in addition to any other remedies, including
termination, available to the City in law or equity. The City shall be entitled to recover
reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder.
7
SECTION 17. Amendment or Changes to Agreement.
A. City or Consultants may request changes that would increase, decrease, or otherwise
modify the Scope of Services. Such changes and method of compensation must be authorized in
writing in advance by the City.
B. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the parties.
C. Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such amendment,
modification, or supplement. The term "this Agreement" as used herein shall be deemed to
include any future amendments, modifications, and additional schedules made in accordance
herewith.
SECTION 18. Notices.
A. Except as otherwise stated in this Agreement, any notice or demand to be given under
this Agreement shall be delivered in person or deposited in United States Certified Mail, Return
Receipt Requested. Any notices or other communications shall be addressed as follows:
To City: Larry D. Hansen, City Administrator
City Hall
216 Fourth Street North
Stillwater, MN 55082
To Consultant: Michael Wilhelmi, Wilhelmi Government Affairs
819 Everett Drive
Stillwater, MN 55082
SECTION 19. Waiver.
A. Any fault of a party to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's provisions.
SECTION 20. Survival of Obligations.
A. The respective obligations of the City and Consultants under these terms and
conditions, which by their nature would continue beyond the termination, cancellation, or
expiration hereof, shall survive termination, cancellation or expiration hereof.
B. If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate.
If a provision is so terminated but the parties legally, commercially, and practicably can continue
this Agreement without the terminated provision, the remainder of this Agreement shall continue
in effect.
SECTION 21. Interpretation of Agreement, Venue.
A. This Agreement shall be interpreted and construed according to the laws of the State
of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the
County of Ramsey, Second Judicial District, State of Minnesota.
SECTION 22. Force Majeure.
A. Neither the City nor the Consultants shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control, including, but
not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and
other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other
civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities.
SECTION 23. Entire Agreement.
A. It is understood and agreed that this entire Agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
For the City of Stillwater: For Consultants:
Approved as to form:
By
City Attorney
Executed:
Mayor
Riverwood Group
Feb, 16. 2012 3:40PM
MAGNUSON LAW MM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE OFFICE BLIR. No
324 MAIN STREET souTH - Surm X260 - S=WATER, MN 55082
T UHONE: (451) 439 -9454 - FAX: (651) 431 -5641
www.MAONusuNLAwfmm.com
DAvm T. XwNusoN
DTMAoNLJSON@WomsoNLAw.Pmm.com
MEMORANDUM
TO: Mayor, City Council and Staff
FROM: David T. Magnuson
DATE: February 1 G, 2012
RE: Combination On- Sale /Off -Sale Liquor Licenses
No, 3564 P. 2
JOHN D. MAGNUSON
JDMAGNusoN@MAGNusoNLAWFIRM.coM
Prior to 197I, many of the bars in the Stillwater downtown district had combination
liquor licenses. They had a regular on -sale bar license and a limited supply of takeout off -sale,
all administered by the same bartender.
Since 1971, the City has not issued these licenses and recently the City Clerk reviewed
city records to determine the reason for this policy. It was discovered that by action taken by the
City Council in 1971, the City established policy to no longer issue combination licenses.
Thereafter, city ordinances on this subject contained language allowing the City to grant
combination licenses "in their discretion." No doubt because of the codification of the ordinances
several times since the 1980s historical reference to the combination licenses was eliminated.
Therefore, city staff would like direction from the City Council. Stated simply, state law
permits Stillwater to issue combination licenses and no city ordinance prohibits the practice. The
question is: should the prohibition of combination licenses be continued as a policy? If so,
should the ordinance be changed to specifically prohibit these prohibition licenses? Or should
these combination licenses be available to Stillwater establishments since they are permitted by
the state law?
Respectfully submitted,
Da Magnuson
City rney
IIIIIUTTZ I"M
Memorandum
Date: February 13, 2012
To: Mayor and City Council Members
From: Chief John Gannaway
Subject: Authorization to Purchase Forensic Extraction Device (CelleBrite)
The Police Department is seeking approval to purchase a Universal Forensic Extraction Device,
also known as CelleBrite, for $8,084.99. This purchase is included in the approved 2012 Budget.
As I am sure you are aware, cellular phones and other mobile devices are used by the vast
majority of society on a regular daily basis, including those who participate in criminal activity.
We have had numerous instances where we need to extract important data from subjects
mobile devices that were involved in criminal activity, but were either unable to or had to wait
for extended periods of time for another agency to extract it',for us.
While we were preparing our 2012 budget, we determined what investigative needs /aids we
needed to assist us in the ever - expanding technological world. While there are several things
that could assist us, we recognized that we would use CelleBrite on a weekly, possibly even
daily basis, and therefore shifted this technology to the top of our list.
City of Stillwater, Minnesota
Recommendations for Issuance of Bonds
$6,415, 000 General Obligation Capital Outlay and Refunding Bonds, Series 2012A
The Council has under consideration the issuance of bonds to (i) finance the cost of the City's 2012 capital outlay
needs for various City departments (the "New Money Portion ") and (ii) to refund certain outstanding maturities of two
prior bond issues (the "Refunding Portion "). This document provides information relative to the proposed issuance.
KEY EVENTS: The following summary schedule includes the timing of some of the key events that will
occur relative to the bond issuance.
February 21, 2012 Council sets sale date and terms
Week of March 12, 2012 Rating conference is conducted
March 20, 2012,10:00 a.m. Competitive bids are received
March 20, 2012, 7:00 p.m. Council considers award of bonds
Early April 2012 Proceeds are received
RATING: An application will be made to Moody's Investors Service for a rating on the Bonds. The
City's general obligation debt is currently rated "Aa2" by Moody's.
THE MARKET: Performance of the tax - exempt market is often measured by the Bond Buyer's Index ( "1361 ") .
which measures the yield of high grade municipal bonds in the 20th year for general
obligation bonds (the BBI 20 Bond Index) and the 3011 year for revenue bonds (the BBI 25
Bond Index). The following chart illustrates these two indices over the past five years.
BBI 25 -band (Revenue) and 20 -bond (G.0.) Rates fors Years
Ending 2 /912012
6.5%
6.0%
5.5%
yy 5.0%
I.L
4.5%
4.0%
ti
r 2P212012
�• �` 25 bond: 477%
20 bond: 3.70%
vy UA
r ti
�J♦ r
l ♦♦ • J
�'t ��� t • 7
3.5%
Dates Prepared by Spdngsted Incorporated
• BBI 25 Bond
BBI 20 Bond
POST ISSUANCE The issuance of these bonds will result in post- issuance compliance responsibilities, The
COMPLIANCE: responsibilities lie in two primary areas: i) compliance with federal arbitrage requirements
and ii) compliance with secondary disclosure requirements.
Federal arbitrage requirements include a wide range of implications that have been taken
into account as your issue has been structured. Post - issuance compliance responsibilities
for your tax - exempt issue include both rebate and yield restriction provisions of the IRS
Code. In very general terms the arbitrage requirements control the earnings on
unexpended bond proceeds, including investment earnings, moneys held for debt service
payments (which are considered to be proceeds under the IRS regulations), and /or
reserves.
Since the proceeds of the Bonds are being used for two distinct purposes, each purpose
will be treated independently for the purpose of determining whether or not a spending
exception is met. The arbitrage rules provide an exception from the rebate provisions for
gross proceeds that are used for the purchase of capital equipment and that are spent
within either a 6 -month of 18 -month period in accordance with certain spending criteria.
The City expects to meet one of the spending exceptions in regard to the New Money
Portion of the Bonds. In regard to the Refunding Portion of the Bonds, the City will not
meet an expenditure exception to rebate since the proceeds will be invested in an escrow
account until the call date of the prior bonds. Arbitrage rules do not permit investment
earnings on the escrow account to exceed the yield on the bonds; therefore, no arbitrage
would be earned on the Refunding Portion of the Bonds.
RISKS /SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any
CONSIDERATIONS: projections included herein are estimates based on current market conditions.
Springsted Page
Yield restriction provisions will apply to the debt service fund and any project proceeds
unspent after three years under certain conditions. The funds should be monitored
throughout the life of the Bonds.
We understand that arbitrage compliance responsibilities are being monitored internally or
through a third party contract.
Secondary disclosure requirements result from an SEC requirement that underwriters
provide ongoing disclosure information to investors. To meet this requirement, any
prospective underwriter will require the City to commit to providing the information needed
to comply under a continuing disclosure agreement.
Springsted currently provides continuing disclosure compliance services to the City under a
separate contract. A contract amendment adding this issue will be provided to City staff.
AUTHORITY:
The Bonds are being issued pursuant to Minnesota Statutes, Chapters 425 and 475 and
the City Charter,
SECURITY AND
The Bonds will be general obligations of the City, secured by its full faith and credit and
SOURCE OF
taxing power. The Bonds will be repaid with a combination of special assessments and
PAYMENT:
general ad valorem tax levies.
SCHEDULES
Schedules attached include a project summary, debt service schedules as a whole and by
ATTACHED:
purpose and savings comparisons for the Refunding Portion.
RISKS /SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any
CONSIDERATIONS: projections included herein are estimates based on current market conditions.
Springsted Page
SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the
MARKETING: issue size and /or maturity structure to customize the issue once the price and interest rates
are set on the day of sale.
Prepayment Provisions: Bonds maturing on or after February 1, 2023 may be prepaid at a
price of par plus accrued interest on or after February 1, 2022.
Bank Qualification: The City does not expect to issue more than $10 million in tax - exempt -
obligations that counts against the $10 million limit for 2012; therefore, the Bonds are
designated as bank qualified.
SUPPLEMENTAL Supplementary information will be available to staff including detailed terms and conditions
INFORMATION AND of sale, comprehensive structuring schedules and information to assist in meeting post -
BOND RECORD: issuance compliance responsibilities.
Upon completion of the financing, a bond record will be provided that contains pertinent
documents and final debt service calculations for the transaction.
S t`inosted Page
$1,320, 000 Capital Outlay — New Money Portion
Description of Purpose
PURPOSE:
Proceeds of the New Money Portion of the Bonds will be used to finance capital outlay
needs for various City departments.
SOURCE OF
The New Money Portion of the Bonds will be repaid with ad valorem tax levies. The City
PAYMENT:
levied $200,000 in 2011 in anticipation of this borrowing, which will be applied to the
February 1, 2013 principal and interest payment. Thereafter, each year's tax collections
will be used to make the August 1 interest payment due in the collection year and the
February 1 principal and interest payment due the following year.
STRUCTURING
Per direction of the City, the New Money Portion of the Bonds has been structured over a
SUMMARY:
term of eight years with level payments of debt service.
$5,095, 000 Refunding Portion
Description of Purpose
PURPOSE:
Proceeds of the Refunding Portion of the Bonds will be used to refund various maturities of
the City's (i) General Obligation Improvement Bonds, Series 2004A, dated March 1, 2004,
(the "2004A Bonds ") and (ii) General Obligation Capital Outlay Bonds, Series 2006A, dated
February 1, 2006 (the "2006A Bonds "). Together the 2004A Bonds and 2006A Bonds will
be referred to as the "Prior Bonds ". This refunding transaction is being undertaken to
provide interest cost savings to the City. See the table below under "Structuring Summary"
for details of these refundings. These refunding transactions are being undertaken to
provide interest cost savings to the City.
S t`inosted Page
The 2004A Bonds were originally issued to finance improvements related to the North Hill
project located within the City.
The 2006A Bonds were originally issued to finance the 2006 capital outlay needs of
various City departments and to finance renovations to the City's municipal library.
SOURCE OF The Refunding Portion of the Bonds will be repaid with a combination of ad valorem tax
PAYMENT: levies and special assessments. Special assessments originally pledged to the
2004A Bonds will be pledged to the Refunding Portion related to the 2004A Bonds.
Assessments will be collected through 2016.
The City is currently levying for debt service on the Prior Bonds. Beginning with levy year
2012 for the 2004A Bonds and levy year 2014 on the 2006A Bonds, the City will levy for
the Refunding Portion of the Bonds.
STRUCTURING The issuance of the Refunding Portion of the Bonds is being conducted as a "crossover"
SUMMARY: advance refunding, in which the proceeds of the Refunding Portion of the Bonds are
placed in an escrow account with a major bank and invested in State and Local
Government Securities or Open Market Securities, whichever is most advantageous at the
time of sale, These investments and their earnings are structured to pay interest on the
Refunding Portion of the Bonds through the respective call dates on the Prior Bonds, at
which time the escrow account will prepay the remaining principal due on the Prior Bonds.
The City will continue to make their regularly scheduled debt service payments on the Prior
Bonds through the call dates of the Prior Bonds. After the call date, the City will "cross
over' and begin making debt service payments on the Refunding Portion of the Bonds,
taking advantage of the lower interest rates.
The table below shows the details of the refunding transaction including the projected
savings, based on market interest rates as of the date of these Recommendations. These
estimates are net of all costs associated with the refunding. Savings are subject to change
as market rate changes occur.
Springsted Page
Refunded
Refunded
Projected
Projected
Issue
Principal
Maturities
Call Date PVSavings FVSavings
2004A Bonds
$1,615,000
Feb 1, 2014 - 2017
Feb 1, 2013 $80,182
$83,837
2006ABonds
$3,245,000
Feb 1, 2016 - 2026
Feb 1, 2015 $207,337
$234,533
Total
$4,860,000
$287,519
$318,370
Springsted Page
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF STILLWATER, MINNESOTA
HELD: February 21, 2012
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on
February 21, 2012, at 7:00 P.M. for the purpose in part of authorizing the competitive negotiated
sale of the $6,415,000 General Obligation Capital Outlay and Refunding Bonds, Series 2012A.
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,415,000
GENERAL OBLIGATION CAPITAL OUTLAY AND REFUNDING BONDS, SERIES 2012A
A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City"),
has heretofore determined that it is necessary and expedient to issue $6,415,000 General
Obligation Capital Outlay and Refunding Bonds, Series 2012A (the 'Bonds ") to (i) finance 2012
capital outlay needs of various City departments pursuant to Minnesota Statutes, Chapter 475
and Sections 10.5 and 10.6 of the City Charter, as more fully described in Exhibit B attached
hereto; (ii) to refund the February 1, 2014 through February 1, 2017 maturities of the City's
General Obligation Improvement Bonds, Series 2004A, dated March 1, 2004; and (iii) to refund
the February 1, 2016 through February 1, 2026 maturities of the City's General Obligation
Capital Outlay Bonds, Series 2006A, dated February 1, 2006; and
B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul,
Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell
these obligations by a competitive negotiated sale in accordance with Minnesota Statutes,
Section 475.60, Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota, as follows:
1. Authorization. The City Council hereby authorizes Springsted to solicit proposals
for the competitive negotiated sale of the Bonds.
2. Meeting; Proposal Opening. This City Council shall meet at the time and place
specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering
sealed proposals for, and awarding the sale of, the Bonds. The City Clerk or designee, shall open
proposals at the time and place specified in such Terms of Proposal.
4498100v1
3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation
thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby
approved and made a part hereof.
4. Official Statement. In connection with the sale, the City Clerk and other officers
or employees of the City are hereby authorized to cooperate with Springsted and participate in
the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of
the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
2
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
1, the undersigned, being the duly qualified and acting City Clerk of the City of
Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council duly called and held on
the date therein indicated, insofar as such minutes relate to the City's $6,415,000 General
Obligation Capital Outlay and Refunding Bonds, Series 2012A.
WITNESS my hand on February 21't, 2012.
City Clerk
M
EXHIBIT A
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$6,415,000"
CITY OF STILLWATER, MINNESOTA
GENERAL OBLIGATION OUTLAY AND REFUNDING BONDS, SERIES 2012A
(BOOK ENTRY ONLY)
Proposals for the Bonds and the Good Faith Deposit ( "Deposit ") will be received on Tuesday, March 20,
2012 until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street,
Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration
for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of
sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract
between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is
submitted.
(a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to
Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and
coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal.
OR
(b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®.
For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the
official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for
making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a
timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its
agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective
bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City,
its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in
the proper operation of, or have any liability for any delays or interruptions of or any damages caused by
the services of PARITY®. The City is using the services of PARITY® solely as a communication
mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City.
If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms
of Proposal shall control. Further information about PARITY®, including any fee charged, may be
obtained from:
PARITY', 1359 Broadway, 2 "d Floor, New York, New York 10018
Customer Support: (212) 849 -5000
Preliminary; subject to change.
A -1
DETAILS OF THE BONDS
The Bonds will be dated April 1, 2012 as the date of original issue, and will bear interest payable on
February I and August I of each year, commencing February 1, 2013. Interest will be computed on the
basis of a 360 -day year of twelve 30 -day months.
The Bonds will mature February 1 in the years and amounts as follows:
2013
$180,000
2017
$860,000
2021
$310,000 2025 $335,000
2014
$580,000
2018
$460,000
2022
$315,000 2026 $345,000
2015
$575,000
2019
$465,000
2023
$320,000
2016
$865,000
2020
$475,000
2024
$330,000
* The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal
amount of the Bonds or the maturity amounts offered for sale. Any such increase or reduction will be made in
multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or
reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a
percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced.
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and
term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus
accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In
order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces
provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made
to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate
principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as
nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities
depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of
$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of
DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as
registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be
the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants
will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as
a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay
for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2022 and on any day thereafter, to prepay Bonds due on or after
February 1, 2023. Redemption may be in whole or in part and if in part at the option of the City and in
such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption,
the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant's interest in such maturity to be redeemed and each participant will then
select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be
at a price of par plus accrued interest.
A -2
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and credit
and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments
against benefited properties. The proceeds will be used to (i) finance the 2012 capital outlay needs of
various City departments; (ii) refund the February 1, 2014 through February 1, 2017 maturities of the
City's General Obligation Improvement Bonds, Series 2004A, dated March 1, 2004; and (iii) refund the
February 1, 2016 through February 1, 2026 maturities of the City's General Obligation Capital Outlay
Bonds, Series 2006A, dated February 1, 2006.
BIDDING PARAMETERS
Proposals shall be for not less than $6,358,869 and accrued interest on the total principal amount of the
Bonds.
No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of
the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without
award of the Bonds having been made. Rates shall be in integral multiples of 5 /100 or 1/8 of 1 %. Rates
are not required to be in level or ascending order; however, the rate for any maturity cannot be more than
1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear
a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be
accepted.
GOOD FAITH DEPOSIT
Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of
$64,150, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and
delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be
solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial
Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the
transmission of the Deposit.
Any Deposit made by certified or cashier's check should be made payable to the City and delivered to
Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101.
Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent
according to the following instructions:
Wells Fargo Bank, N.A., San Francisco, CA 94104
ABA #121000248
for credit to Springsted Incorporated, Account #635 - 5007954
Ref: Stillwater, MN Series 2012A Good Faith Deposit
Contemporaneously with such wire transfer, the bidder shall send an e -mail to
bond services(cr�,springsted.com, including the following information; (i) indication that a wire transfer
has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return
wire instructions if such bidder is not awarded the Bonds.
Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City
following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder
will be returned to such bidder following City action relative to an award of the Bonds.
A -3
If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond
in the State of Minnesota and pre- approved by the City. Such bond must be submitted to Springsted
Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each
underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an
underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the
City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated
not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is
not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit
requirement.
The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be
deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to
comply with the accepted proposal, said amount will be retained by the City.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost
(TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary
practice, will be controlling.
The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters
relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and
(iii) reject any proposal that the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the
option of the underwriter, the purchase of any such insurance policy or the issuance of any such
commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of
issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except
that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay
that rating fee. Any other rating agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser
shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute
cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau
charge for the assignment of CUSIP identification numbers shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of
an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and
Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the
date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be
received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless
compliance with the terms of payment for the Bonds has been made impossible by action of the City, or
its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the
purchaser's non - compliance with said terms for payment.
A -4
CONTINUING DISCLOSURE
On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing
Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the
owners of the Bonds to provide certain financial and other information about the City and notices of
certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5).
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information relative
to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the
meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official
Statement or for any additional information prior to sale, any prospective purchaser is referred to the
Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul,
Minnesota 55101, telephone (651) 223 -3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the maturity
dates, principal amounts and interest rates of the Bonds, together with any other information required by
law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is
defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate
submitting a proposal therefor, the City agrees that, no more than seven business days after the date of
such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the
Bonds are awarded 250 copies of the Official Statement and the addendum or addenda described above.
The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as
its agent for purposes of distributing copies of the Final Official Statement to each Participating
Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual
relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each
such Participating Underwriter of the Final Official Statement.
Dated February 21, 2012
A -5
BY ORDER OF THE CITY COUNCIL
/s/ Diane Ward
City Clerk
EXHIBIT B
CITY OF STILLWATER, MINNESOTA
SCHEDULE OF 2012 CAPITAL OUTLAY
DEPARTMENT
GENERAL FUND
Mayor & City Council
(PADS
Total Mayor & City Council
MIS
Anti Virus Software
Web & Email filtering
Microsoft Licensing
Server
Upgrade WUS software
Total MIS
Finance
Software upgrade (Springbrook)
Server
Total Finance
Administration
Website
Total Administration
Police
Computer replacement
Toughbooks for MDC replacement
Recorder replacement
Squads (3)
Unmarked vehicle
In Car Video
Forensic cell phone
GPS tracker
Total Police
Fire
Monitors for garage
Computer replacement
IPAD
Fire apparatus replacement
Radio pagers
Turnout gear
Fire Station (Conceptual Plan)
Wash Co IQ Response Software
Total Fire
WE
ADOPTED Account Name
5,600 Computer Equipment
5,600
4,800
Computer Equipment
5,000
Computer Equipment
10,000
Computer Equipment
10,000
Computer Equipment
3,000
Computer Equipment
32,800
Computer Equipment
27,000 Computer Equipment
8,000 Computer Equipment
35,000
2,000 Computer Equipment
2,000
6,000
Computer Equipment
12,000
Computer Equipment
4,000
Computer Equipment
105,000
Automotive
28,000
Automotive
9,000
Computer Equipment
8,045
Computer Equipment
7,000
Computer Equipment
179,045
1,000
Computer Equipment
2,400
Computer Equipment
1,000
Computer Equipment
125,000
Automotive
4,000
Machinery & Equipment
10,000
Machinery & Equipment
12,200
Improvements
9,000
Computer Equipment
164,600
CITY OF STILLWATER, MINNESOTA
SCHEDULE OF 2012 CAPITAL OUTLAY
DEPARTMENT
Building Inspections
Workstation
Total Building Inspections
Engineering
Hydrant Replacement
Computer replacement
Total Engineering
Streets
Hook truck Cab and Chasis with snow removal equipment,
wing and underbody, box and sander and a 4 yd hot box
12" wood Chipper
Bobcat replacement
Computer replacement
Copier
Total Streets
TOTAL GENERAL FUND
ST CROIX VALLEY RECREATION CENTER FUND
St Croix Valley Recreation Center Ice Arena
Computer replacement
Restroom partitions
Zamboni
Total St Croix Valley Recreation Center Ice Arena
Lily Lake
Refrigeration
Dasherboard
Total Lily Lake
TOTAL ST CROIX VALLEY RECREATION CENTER
RIM
ADOPTED Account Name
4,500 Machinery & Equipment
4,500
25,000
1,200
26,200
98,000
36,000
1,600
1,200
6,000
142,800
$ 592,545
1,200
10,000
90,000
101,200
172,000
120,000
292,000
$ 393,200
Improvements
Computer Equipment
Automotive
Machinery & Equipment
Machinery & Equipment
Computer Equipment
Computer Equipment
Computer Equipment
Improvements
Machinery & Equipment
Improvements
Improvements
CITY OF STILLWATER, MINNESOTA
SCHEDULE OF 2012 CAPITAL OUTLAY
DEPARTMENT
LIBRARY FUND
Operations
Closed Circuit Cameras & Head-End Equipment (2)
Fiction Shelving
Public Copier
Computers (6)
Coffeeshop Screen
AV Equipment (Margaret Rivers Room A)
Runk Cabinet Replacement
White Board-Conference Room
Total Library Operations
Plant
One-Way Windows-Circulation Department
Building Improvements
Total Library Plant
TOTAL LIBRARY FUND
PARKS
Millbrook Park Improvements:
Parking lot
Ballfield
Playground includes sidewalk
Northland Park irrigation
Court Resurfacing - Lily tennis courts, Benson basketball
court, Northland tennis courts
Lily Lake light repair
Computer replacement
TOTAL PARKS FUND
TOTAL FOR 2012 BOND ISSUE
116-IN
ADOPTED Account Name
3,000
1,500
7,000
6,000
1,000
3,500
2,000
1,500
25,500
Computer Equipment
Machinery & Equipment
Machinery & Equipment
Computer Equipment
Machinery & Equipment
Machinery & Equipment
Machinery & Equipment
Machinery & Equipment
1,300 Improvements
7,000 Improvements
8,300
. $ 33,800.
85,000
Improvements
15,000
Improvements
85,000
Improvements
25,000
Improvements
45,000
Improvements
20,000 Improvements
1,200 Computer Equipment
$ 276,200
$1,295,745
Memorandum
Date: February 17, 2012
To: Mayor and City Council Members
From: Chief John Gannaway
Subject: 2012 Squad Car Purchase
The Police Department is requesting permission to purchase three (3) squad cars, as authorized
in the approved 2012 Budget, for $70,438.82.
All the vehicles are available via the MN State Contract, their prices reflect the State Contract
pricing.
Two vehicles are the 2012 Dodge Charger, available for $22,565 ($45,130 total). The third
vehicle will be 2012 Police Package AWD Ford Explorer for $25,309.82. The
The Police Department has been utilizing the Dodge Charger since 2006. They have proven to
be reliable, however, two have to be removed from the fleet as they have significant
mechanical issues that would be cost prohibitive to repair. We considered switching to either
the new Chevrolet Caprice or the Ford Police Package Sedan, but the Chevrolet has significant
room issue in the cockpit area and the Ford has a significantly shorter warranty than the Dodge.
The 2003 Ford Expedition we currently use also has significant mechanical issues and would be
cost prohibitive to repair. As you know, we try to keep two or three 4 Wheel /All Wheel Drive
vehicles in our fleet for winter /inclement weather months, as they have proven invaluable to
respond to all areas of the City during heavy snow /ice. The 2012 Ford Explorer (Police Package)
received excellent reviews from several testing agencies, and is less expensive than other
offered vehicles.
LMC Experienced Elected Officials Workshop
Jan. 27 -28, 2012
LESSONS LEARNED
THREE MAIN TAKE- AWAYS:
1. In comparison to most cities, Stillwater is doing quite well:
• Our biggest problem is planning adequately for growth
• Infrastructure is relatively sound (except for Lift Bridge)
• Not facing re- development issues
• Budget planning has been ahead of diminishing LGA funding
• Staff turnover has not become a problem yet
• We are not fighting for survival (some MN cities may go broke by 2015)
2. The US is at another crossroad similar to 1775 and 1860:
• How we will be governed will undergo fundamental change
• National and State governments are broken beyond repair
• School boards, city councils and county commissioners will assume more
responsibility in local governance
• de Tocqueville (1831) — "Local democracy in America is based upon people
interacting, discussing things openly and candidly, trusting each other and
working together."
• We are ahead of that curve in Washington County /Stillwater
3. Our council does a reasonably good job, but could be better. We need to:
• Understand and explain the times in which we serve
• Set forth a vision of where we need to go
• Develop a strategy of how to get there
• Then, execute the strategy
for ITIES, COUNTIES, SCHOOLS, AND TOWNSHIPS
WEDNESDAY, MARCH 21 • • • • • ' . .
5:00 -7 :00 p.m. Legislative Reception at Crowne Plaza (optional)
Mingle with legislators and colleagues in local
government at this reception on the eve of the
joint conference.
THURSDAY, MARCH 22
Registration Open
Leadership Panel on the 2012 Legislative Session
Hear insights from legislative leaders on the top issues
facing cities, counties, school districts, and townships.
Panelists:
-Sen. David Senjem, Senate Majority Leader
• Rep. Larry Howes, House Capital
Investment Committee Chair
-Sen. Tom Bakk, Senate Minority Leader
• Rep. Paul Thissen, House Minority Leader
Individual Association Breakout Sessions
-Association of Minnesota Counties
• League of Minnesota Cities
• Minnesota School Boards Association
-Minnesota Association of Townships
Luncheon Program
• Planning for Tax Reform with MN Department of
Revenue Commissioner Myron Frans
• Remarks from Governor Mark Dayton (invited)
Meet with Senators & Representatives at the Capitol
Shuttle busing provided from the Crowne Plaza
Social Hour at the Kelly Inn (optional)
Crowne Plaza Saint Paul Riverfront
11 East Kellogg Boulevard
Legislative Conference Registration Fee:
MAKE THE MOST OF
$95 per person. Conference fee includes breakfast,
YOUR TIME IN ST. PAUL!
lunch, and transportation to and from the Capitol.
Website: www.crowneplaza.com /stpaul
Lodging is not included.
Come a day early
to attend the FREE
Parking: Parking in the Crowne Plaza hotel ramp is
Minnesota
available for a fee of $17 per day for all overnight guests
_
� Mayoral Summit
and $18 for the general public. Clearance of the parking
ramp is 5'9".
Wednesday, March 21
Free parking is available in the League parking lot. Buses
11:00 a.m. - 6:00 p.m.
will be available to transport conference attendees from
A conversation on out -of-
the League of Minnesota Cities building to the Crowne
school time and learning
Plaza hotel on Thursday morning and from the hotel to the
beyond the classroom.
Capitol after lunch. Visit www.Imc.org/JLC12 for details.
Visit www.imc.org/MMS12
Lodging Information: Rooms are available at a special
conference rate. Please contact the hotel directly to make
your lodging reservations. Ask for the "2012 Legislative
Conference" group block. The deadline for reservations is
February 21, 2012.
Crowne Plaza Saint Paul Riverfront
11 East Kellogg Boulevard
an
Saint Paul, MN 55101
Phone: (651) 292 -1900 or (866) 422 -3185
Website: www.crowneplaza.com /stpaul
04
Standard room —$135 plus tax
Executive room --$145 plus tax
so
Questions? Contact Amy Mansager at (651) 281 -1240 or
(800) 925 -1122 or amansager@lmo.org
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LEGISLATIVE
CITIES,
CONFERENCE
CITIES,
COUNTIES, SCHOOLS, AND TOWNSHIPS
MARCH 22, 2012
SAINT PAUL -
PLAZA SAINT PAUL RIVERFRONT
0CROWNS
Join hundreds of city, county, school, and
township officials in Saint Paul to bring attention
No
to the legislative priorities of our Minnesota
local .governments.
This joint legislative event is an opportunity for you
to network with other local elected and appointed
officials and a chance to express our common
legislative agenda to state decision- makers. You'll also
help educate state leaders about the importance of
partnering with local governments to meet the current
and future needs of our communities.
• Take your messages to the Capitol and
visit with your legislators.
• Learn how city, county, school district,
and township legislative priorities are
faring at the Capitol this session.
• Hear from a panel of legislative leaders
about initiatives related to government
reform, bonding, and resolving state
budget issues in the 2012 session.
-ClTIESES
cHOQLS
TOWNSHIPS
This joint legislative conference is sponsored by the League of Minnesota
Cities, the Association of Minnesota Counties, the Minnesota School Boards
Association, and the Minnesota Association of Townships.
Wa§Wngton
C
BOARD AGENDA
FEBRUARY 21, 2012 — 9:00 A.M.
Board of Commissioners
Dennis C. Hegberg, Chair, District 1
Bill Pulkrabek, District 2
Gary Kriesel, District 3
Autumn Lehrke, District 4
Lisa Welk, District 5
1. 9:00 Roll Call
Pledge of Allegiance
2. 9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility orfunction of Washington County Government, whether or not the issue
is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board
secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your
comments. Your comments must be addressed exclusively to the Board Chair and the. full Board of Commissioners. Comments addressed to individual
Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit
an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities
3. 9:10 Consent Calendar — Roll Call Vote
4. 9:10 Property Records and Taxpayer Services — Kevin Corbid, Deputy Administrator
Resolution Setting Public Auction of Tax Forfeited Land
5. 9:20 Public Works — Don Theisen
Receive Information on the Proposed Minnesota Department of Transportation MnPASS System
6. 9:40 General Administration — Molly O'Rourke, County Administrator
Legislative Update
7. 9:50 Commissioner Reports — Comments — Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest
and information or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary
because of discussion will be scheduled for a jitture board meeting.
8. Board Correspondence
9. 10:15 Adjourn
MEETING NOTICES ARE NOW LISTED AFTER THE CONSENT CALENDAR
tsistive listening devices are available for use in the County Board Room
tUUHL tMrLUTMtNI UFt'VKIUNIIY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR
FEBRUARY 21, 2012
The following items are presented for Board approval /adoption:
DEPARTMENT /AGENCY ITEM
Administration A. Approval of resolution accepting 2011 donations and gifts from public and
private sources that have not previously been reported and approved by the
County Board.
B. Approval of revisions to Policy #1300, Washington County Data'Practices
Manual.
C. Approval to adopt the Land and Water Legacy Program Top 10 Priority
Conservation Areas report.
Community Corrections D. Approval of resolution authorizing the Community Corrections Director to
accept grant dollars in the amount of $90,103 to fund a probation officer
position in the Offender Recovery Program.
Public Works E. Approval of resolution transferring a storm water pond parcel to the City of I
Woodbury.
F. Approval of the Washington County Park Acquisition Plan.
Sheriff's Office G. Approval to enter into a grant agreement with the Minnesota Department of
Public Safety, Office of Justice Programs, for the 2012 Narcotics and Gang
Task Force Grant in the amount of $85,000.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote.
Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
Assistive listening devices are available for use in the County Board Room 11 11
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
MEETING NOTICES
February 20, 2012.
Monday
Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information
NO BOARD MEETING ON MARCH S, 2012
10:30 AM - Solid Waste Management Coordinating Board -- 2099 University Avenue West, St. Paul
February 23, 2012
Thursd_ ate_.
9:00 AM - Resource Recovery Project Board -- Ramsey County Environmental Health Offices, 2785 White Bear Avenue, Maplewood
9:30 AM - Transportation Day at the Capitol -- Kelly Inn, St. Paul
4:00 PM - Red Rock Corridor Commission -- Cottage Grove City Hall, 7516 80th St. S., Cottage Grove
Admin Commissioners Calendar 1 2/13/2012 9:04 AM
Washington County, Minnesota
Board of Commissioners - Actions
Actions at the Tuesday, February 14, 2012 Board Meeting
This page is a brief view of the actions taken by the Washington County Board of Commissioners.
For further information, please telephone 651 -430 -6001.
Washington County's mission is to provide quality public services in a cost - effective manner
through innovation, leadership, and the cooperation of dedicated people.
County will save more than $4 million after bond sale for refinancing
A bond sale that will provide money to refinance county capital improvement bonds originally issued in 2003 will save
Washington County more than $4.275 million in the coming decade. The Washington County Board of Commissioners
approved the bond sale Feb. 14.
The winning bid for the bond sale, which was conducted Feb. 13, was Piper Jaffray & Co. The amount of bonds issued is
$22.475 million, at an interest cost of 1.826 percent. It is estimated that the refinancing of the bonds will save the county
about $400,000 a year in interest on the bonds. The bond proceeds were used to build the service centers in Cottage
Grove and Forest Lake, and for county park land acquisition.
During the course of the bond refinancing, Washington County received affirmed ratings of Aaa from Moody's Investor
Services and AAA from Standard & Poor's Ratings Services. The ratings and bond sale process highlighted the county's
responsible spending and use of financing tools; strong, capable, disciplined leadership; strong budget guidelines and
long -term planning; and the ability to effectively deal with uncertainty. The county also has a healthy tax environment
and has avoided risks associated with dependence on federal funds or proprietary business ventures.
County Board hears report from Citizen Review Panel
The Washington County Citizen Review Panel presented its annual report to the County Board Feb. 14.
Since 1999, the Washington County Child Protection Citizen Review Panel (CRP) has been an advisory committee to the
County Board. It operates under the authority of the Minnesota Legislature and jointly with the state Department of
Human Services, which awards a $3,000 annual grant to assist with the cost.
The panel provides a citizens' perspective of child protection services, including assisting with selected case reviews,
critiquing services and programs, and promoting prevention of child abuse.
Its 2011 activities included an April Child Abuse and Neglect Prevention event titled "When we help children do better
today, we all do better tomorrow" conducted in collaboration with Washington County Community Services, Washington
County Child and Parent Connections, and the Washington County Library at the R.H. Stafford library branch.
Also during the year, the panel's Non Resident Father Project information was presented to the County Board, and the
panel completed five reviews of requests for reconsideration of findings of maltreatment cases. (Many of the cases are
pending awaiting dispositions in related legal matters.) County staff asked the panel members for their opinions about
controversial local and national child abuse and neglect cases that were in the media, such as the Penn State case.
Projects that the panel continues to focus on are Taking Action to Prevent Child Deaths Project and the Reduce Foster
Care Re -Entry Rate. The panel is continuing to gather information on the foster care re -entry project, and plans to
continue its work on the topic in 2012.
Page 1 of 2
Workforce Center will receive funds to aid dislocated workers from Andersen Windows
The Washington County WorkForce Center will receive $630,000 to be used in 2012 and 2013 to provide services to
dislocated workers recently laid off from Andersen Windows.
The Washington County Board of Commissioners approved a change to an agreement with the Minnesota Department of
Employment and Economic Development Feb. 14, which allows the WorkForce Center to receive the funds. The
WorkForce Center's programs are required by state law.
The center receives funding from state and federal sources to provide employment and training services to dislocated
workers, adults, youth, and seniors. In 2011, Andersen Windows had a workforce reduction, and the WorkForce Center
applied for and was awarded $630,000 to serve an additional 150 laid off workers from Andersen. Services will include
training, career counseling, and job search services, which will be provided between Jan. 1, 2012, and Dec. 31, 2013.
The center will provide the majority of the services directly and will contract with Workforce Resource in Wisconsin to
more conveniently serve persons residing in that community.
Newport will receive library property for community reading room
Washington County will transfer property that was in the Newport branch library to the City of Newport, which is
establishing a community library /reading room. The Washington County Board of Commissioners agreed to the transfer
at its meeting Feb. 14.
In working with the City of Newport to establish a Library Express Service and a community reading room, the library
has determined that several tables, a reception counter and three laptop computers may be transferred to the city to
facilitate the new service, including the laptops from the county that will be recycled for reading room use.
The county transferred ownership of several other items, including computers, to the City of Newport in December for
the same purpose.
Sheriff's Office will use money from drug busts to pay expenses
The Washington County Sheriffs Office will use $35,800 seized from illegal drug activity in Washington County to pay
for annual operating expenses and equipment. The Washington County Board of Commissioners approved the use of the
money Feb. 14.
The money is forfeited through judicial process and a percentage remains in the Sheriff's Office forfeiture fund to be
spent on future determent of drug activity in the county, according to Minnesota state statute.
The Sheriffs Office will use the money to pay Lexipol Police Project Dues, League of Minnesota Cities Insurance Trust,
a Narcotics Task Force insurance premium, and video conference equipment, as well as the expenses of narcotics office
overtime in the cities of Forest Lake, Cottage Grove and Woodbury.
Page 2 of 2
Wa4 Ciington
BOARD AGENDA
FEBRUARY 14, 2012 — 9:00 A.M.
Board of Commissioners
Dennis C. Hegberg, Chair, District 1
Bill Pulkrabek, District 2
Gary Kriesel, District 3
Autumn Lehrke, District 4
Lisa Weik, District 5
1. 9:00 Roll Call
Pledge of Allegiance
2. 9:00 Comments from the Public
Visitors may share their comments or concerns on anv issue that is a responsibility orJunction of Washington County Government, whether or not the issue
is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board
secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your
comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual
Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit
an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities
3. 9:10 Consent Calendar — Roll Call Vote
4. 9:10 Community Services — Richard Backman, Division Manager
Child Protection Citizen Review Panel 2011 Annual Report — Aine Bebeau, Co -Chair
5. 9:20 Accounting and Finance — Harley Will, Director
Resolution Awarding the Sale of Washington County General Obligation Capital Improvement
Bonds to the Winning Bid from the Proposals Received During the February 13 Market Offering
6. 9:30 General Administration — Molly O'Rourke, County Administrator
Legislative Update
7. 9:40 Commissioner Reports — Comments — Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest
and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action
necessary because of discussion will be scheduled for a future board meeting.
8. Board Correspondence
9. 10:05 Adjourn
10. 10:05 Washington County Regional Railroad Authority Convenes
A. Roll Call
B. Executive Session to Review Purchase Appraisal of Abandoned Railroad Corridor
Between 145th Street to 140`h Street within the City of Hugo
11. 10:20 Adjourn
MEETING NOTICES ARE NOW LISTED AFTER THE CONSENT CALENDAR
Assistive listening devices ere available for use in the County Board Room
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR
FEBRUARY 14, 2012
The following items are presented for Board approval/adoption:
DEPARTMENT /AGENCY ITEM
Community Services A. Approval of an addendum to the Workforce Investment Act Master Grant
Agreement with the Minnesota Department of Employment and Economic
Development to add dislocated worker services for individuals recently laid
off from Andersen Windows.
Library B. Approval of resolution to transfer certain Washington County Library
property to the City of Newport for the operation of a community
library/reading room.
Property Records and C. Approval of contract with Expedite! Direct Mail and Fulfillment for printing
Taxpayer Services and mailing of the 2012 and 2013 property tax related documents.
Sheriff s Office D. Approval to use fund balance of $35,800 from Forfeiture Fund (Fund 118) to
pay annual operating expenses and equipment purchases.
E. Approval of the Communications System Subscriber Agreement with Polk
County, Wisconsin for the use of an 800 MHz radio consolette to facilitate
communication between Washington County 800 MHz users and emergency
response users in Polk County, Wisconsin.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote.
Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
�ssist a Astening crevices are available for use in the County Board Rom
— t-1— — In --, — An — ...... 1.411 It
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
MEETING NOTICES
February 13, 2012
E Monday
Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information
NO BOARD MEETING ON MARCH 6, 2012
10:00 AM Inter -City Passenger Rail -- State Office Building
5:30 PM Minnesota Extension Committee Meeting -- Washington County Government Center - LL16
February 14, 2012
Tuesday
10:30 AM Finance Committee -- Washington County Government Center
'February 15, 2012
Wednesday
8:30 AM Counties Transit Improvement Board -- 90 West Plato Blvd„ St. Paul
8:30 AM Workforce Investment Board -- 2150 Radio Drive, Woodbury
12:00 PM Metro Transportation Advisory Board Program Committee -- 390 Robert Street N. - St. Paul
1:00 PM Metro Transportation Advisory Board -- 390 Robert Street N., St. Paul
February 16, 2012
Thursday
8:30 AM Metropolitan Area Aagency on Aging - Special Aging Briefing Workshop -- 2365 McKnight Road, North St. Paul
9:30 AM Metropolitan Area Agency on Aging -- 2365 McKnight Road, North St. Paul
5:30 PM Public Health Emergency Preparedness Advisory Committee -- Washington County Government Center
6:00 PM Community Action Program/Ramsey & Washington Counties -- 4S0 Syndicate St. N., St. Paul
February 17, 2022
Friday
10:00 AM Association of Minnesota Counties Board of Directors -- AMC Office, 126 Charls Avenue, St. Paul
Admin Commissioners Calendar 1 2/4/2012 8:12 AM
Washington County, Minnesota
Board of Commissioners - Actions
Actions at the Tuesday, February 7, 2012 Board Meeting
This page is a brief view of the actions taken by the Washington County Board of Commissioners.
For further information, please telephone 651 -430 -6001.
Washington County's mission is to provide quality public services in a cost - effective manner
through innovation, leadership, and the cooperation of dedicated people.
Board conducts public hearing, authorizes WCHRA bond sale
The Washington County Board of Commissioners conducted a public hearing Feb. 7 to receive public comment on the
issuance of general obligation bonds for the Washington County Housing and Redevelopment Authority (WCHRA).
No one from the public commented during the hearing. After the hearing, the board authorized the pledge of general
obligation of the county to the bond sale.The bond sale will be a refinancing of a portion of the WCHRA's current debt,
as well as the issuance of new energy conservation bonds.
After reviewing the WCHRA's bond portfolio, it was determined that it can achieve an estimated annual savings of
$134,000 over the next 19 years by refinancing $13,500,000 of current bonds, which are and will continue to be backed
by Washington County's general obligation pledge.
The hearing was also to receive comment on plans by the WCHRA to issue new Qualified Energy Conservation Bonds
(QECBs) for $2,375,000, with Washington County backing the new QECBs with its general obligation pledge, which is
done to secure a lower interest on the bond.
The total general obligation pledge will back $15,625,000 in WCHRA bonds. It is also hoped that the county's AAA
rating by Standard & Poor's will enhance the bond offering in the market and reduce interest costs. The first series of
bonds will be used to refinance housing for 289 senior households and 60 non - senior households at the housing
authority's seven properties. The occupancy rate of these properties is 97 percent as of year -end 2011. Annual debt
service savings are expected to total $134,000.
The QECB is a bond issued to finance one or more qualified "conservation" purposes. The WCHRA is proposing to
qualify for the QECB under the 20 percent energy use reduction in publicly owned buildings as the "eligible use"
permitted by law. The WCHRA will accomplish the energy use reduction by installing improvements, such as water
heater, boiler and window replacements at its 11 properties.
The annual debt service, estimated at $140,000, will be paid by a portion of the WCHRA capital improvement budget and
the operational cost savings created by the energy related improvements.
Clarke will serve on county's extension committee
Jacy Clarke of Woodbury will serve on the Minnesota Extension Committee for Washington County, after the
Washington County Board of Commissioners made the appointment Feb. 7.
The Washington County Extension Committee is authorized by Minnesota statute, and its purpose is to work to fulfill
goals of the county and the Minnesota Agricultural Extension Service, which provides educational programs and services
through Extension agents in agriculture, economic and human development, community leadership, and environment and
natural resources.
Page 1 of 3
The Washington County Extension Committee works with the Washington County Board of Commissioners through the
county's Department of Public Health and Environment.
County will continue to contract with Regions Hospital for psychiatric hold costs
The Washington County Board of Commissions approved an extension of a contract Feb. 7 with Regions Hospital to pay
for psychiatric hold costs of uninsured individuals. State law requires that counties shall maintain or provide by contract
a facility for the confinement of people held temporarily for observation, evaluation, diagnosis and treatment of mental
illnesses.
Individuals who are considered a danger to themselves or others may be placed on a 72 -hour hold by a medical examiner
in an inpatient psychiatric setting. Counties are considered to be the last resort in paying for non - insured individuals
during the 72 -hour hold process, during civil commitment proceedings, and during involuntary psychiatric hospital
admission while under civil commitment court jurisdiction.
Regions has contracted with Washington County for many years to provide observation, evaluation, diagnosis, care,
treatment and involuntary confinement for uninsured individuals who are considered a danger to self or others. This
amendment to the contract extends the agreement through 2013. The county will pay 2 percent more for services in 2012
and 0 percent more in 2013. The annual cost of the contract is expected to be $237,600.
ESR will work with residents in program for finding employment
East Suburban Resources (ESR) will continue to provide service to Washington County customers in the Minnesota
Family Investment Program seeking employment, after the Washington County Board of Commissioners agreed to a
contract with the organization Feb. 7.
To meet federal and state requirements for the Diversionary Work Program (DWP) and Minnesota Family Investment
Program (MFIP), the county contracts with ESR to provide job skills training, job development, and placement services.
ESR placed 21 subsidized and 123 unsubsidized individuals into employment July 1, 2010, through June 30, 2011. This
continued to exceed the contract requirement, which was 50 job placements with 12 of the placements in subsidized
employment.
Washington County is a leader in job placements in the seven -county metropolitan area, with the assistance of ESR, and
continues to perform at the highest rate on a monthly and annual basis. One example of success is the Work Participation
Rate, which is the percentage of MFIP customers employed or engaged in employment- related activities. For the year
April 2010 through March 2011, Washington County was at 49 percent, well above the federal adjusted goal of 39.7
percent. This was also a significant increase from 36.3 percent from the same time period a year ago.
State and federal funds pay for the program. The county's 2012 allocation was recently announced and the contract for
2012 is for $170,809.
Community development block funding will be used to rehab John Jergens Estates
The John Jergens Estate senior housing apartments in Forest Lake will be rehabilitated with $85,328 from the
Washington County 2011 Community Development Block Grant (CDBG).
The Washington County Board of Commissioners agreed to the use of the money at its meeting Feb. 7.
Spending the funds is directed by the county's 2011 Annual Action Plan for the block grant.
Annual grant funds for federal CDBG and HOME programs are used to fund high- and medium- priority activities
identified in the Consolidated Plan approved by the board and the U.S. Department of Housing and Urban Development.
Page 2 of 3
The Washington County Housing and Redevelopment Authority owns the 30 apartments to be rehabilitated. The majority
of the residents have very low or low incomes below 80 percent of the area median income. The project includes the
replacement of 20- year -old water heaters, furnaces and air conditioning units and renovation of the original kitchens and
bathrooms.
Grant money will be used to enhance public safety
The Washington County Sheriffs Office will be part of enhancing regional preparedness and collaboration in the
metropolitan area, after the Washington County Board of Commissioners agreed to an Urban Area Security Initiative
(UASI) grant agreement between the Minnesota Department of Public Safety, Homeland Security and Emergency
Management and the county Feb. 7.
Jurisdictions receiving funds from the Twin Cities UASI Grant Program include the counties of Anoka, Dakota,
Hennepin, Ramsey, and Washington, and the cities of Minneapolis and St. Paul. The 2011 Department of Homeland
Security (DHS) UASI grant will provide $244,677 to Washington County, expiring Dec. 31, 2013.
The funds will be used to increase Washington Counties capabilities in Interoperable Communications, including Mobile
Data Computers (MDCs) for law enforcement and fire /rescue, and 800MHz radios for the county and designated cities;
strengthen planning, which will include prioritizing needs and updating preparedness strategies; and improve the
Emergency Operations Center /Common Operating Picture, which will provide for sustaining and expanding the web -
based Knowledge Center to unify web network communications for emergency managers, elected officials, and public
safety partners during emergency and non - emergency events.
It is expected that $104,000 will be spent in 2012 and $140,677 will be spent in 2013. Funded projects were determined
and prioritized by a Washington County Urban Area Work Group (UAWG), and approved by voting members of the
Twin Cities UASI Administration Council, the State Senior Advisory Committee (SAC), and the Department of
Homeland Security.
County will help out Bayport, Oak Park Heights with gasoline purchase
The Washington County Sheriffs Office will help out the cities of Bayport and Oak Park Heights by providing gasoline
to the cities at the cost the county pays through 2013.
The Washington County Board of Commissioners agreed to the joint-powers agreements with the cities Feb. 7.
The Washington County Sheriff s Office entered into a Minnesota State Fuel contract for Feb. 1, 2012, through Jan. 31,
2013, with Yocum Oil. The cities are in need of procuring 87 octane gasoline to operate their squad cars and SUVs for
law enforcement services. The Washington County Sheriffs Office will provide gasoline for $2.704 per gallon, which
includes fuel cost plus taxes and fees.
Sheriffs Office will provide CodeRED services to May Township, Landfall
The Washington County Sheriffs Office will provide mass emergency notification to residents in May Township and
Landfall through its CodeRED program, after the Washington County Board of Commissioners approved joint powers
agreement with the communities Feb. 7.
Washington County entered into a contract with Emergency Communications Network for the use of the CodeRED
Emergency Notification System, which gives public officials the ability to send mass emergency and non - emergency
messages to residents of Washington County. With this system, the county is able to assist participating agencies within
Washington County to provide necessary emergency and non - emergency mass notifications.
In December, the County Board approved 29 CodeRED agreements for other communities in the county.
Page 3 of 3
pgton
cofiay
9:00 Roll Call
Pledge of Allegiance
2. 9:00
3. 9:10
4. 9:10
5. 9:40
6. 9:50
�.lf.
N
BOARD AGENDA
FEBRUARY 7, 2012 — 9:00 A.M.
Comments from the Public
Board of Commissioners
Dennis C. Hegberg, Chair, District 1
Bill Pulkrabek, District 2
Gary Kriesel, District 3
Autumn Lehrke, District 4
Lisa Weik, District 5
Visitors may share their comments or concerns on anv issue that is a responsibility or, function of Washington County Government, whether or not the issue
is listed on this agenda. Persons who wish to address the Board must,rll out a comment card before the meeting begins and give it to the County Board
secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your
comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual
Board members will not be allowed. You are encouraged to limityourpresentation to no more thanTve minutes. The Board Chair reserves the right to limit
an individuals presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities
Consent Calendar — Roll Call Vote
Public Hearing — Housing and Redevelopment Authority (HRA )—Barbara Dacy, Executive Director
Resolution - Authorizing the Pledge of the General Obligation of Washington County to
Washington County HRA Governmental Housing Revenue Bonds Series 2012A, not to exceed
$13,400,000, and Taxable Qualified Energy Conservation Revenue Bonds, Series 2012B, not to
exceed $2,375,000.
General Administration — Molly O'Rourke, County Administrator
Legislative Update
Commissioner Reports — Comments — Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest
and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary
because of discussion will be scheduled for a frrture board meeting.
7. Board Correspondence
8. 10:15 Adjourn
MEETING NOTICES ARE NOW LISTED AFTER THE CONSENT CALENDAR
Assistive listening devices are available for use in the County Board Room
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
CONSENT CALENDAR
FEBRUARY 7, 2012
The following items are presented for Board approval/adoption:
DEPARTMENT /AGENCY ITEM
Administration A. Approval of the January 11, 17 and 24, 2012 Board Meeting minutes.
B. Approval of contract amendment #3 between the State of Minnesota Tenth Judicial District
and Washington County to provide a means of state reimbursement for direct payments made
by the county as required by statute as part of the transfer of court administration functions
from the county to the state.
Community Services C. Approval of amendment #1 to contract #5951 with Regions Hospital to extend the term ofthe
contract for mental health crisis services.
D. Approval of a 2012 -2014 contract with East Suburban Resources to provide contracted staff
to serve customers on the Minnesota Family Investment Program in seeking employment.
E. Approval to execute a 2011 Community Development Block Grant funding agreement in
accordance with the 2011 Annual Action Plan.
Property Records F. Approval of Assessment Year 2011 Payable 2012 Assessment Classification and Valuation
and Taxpayer Services Change List.
Public Works G. Approval of amendment #4 to contract 4128 with Kraus- Anderson Construction Company for
additional printing, testing and inspections, and building permit and plan review costs on the
Campus 2025 Project in the amount of $259,565.18.
H. Approval to execute contract with Swanson & Youngdale, Inc. to perform crack sealing and
epoxy flooring at the Washington County Environmental Center for a price not to exceed
$59,985 through the signatures of the County Board Chair and County Administrator without
further action of the Board and conditioned upon approval as to form by the Washington
County Attorney's Office.
I. Approval of Change Order #2 to contract #6334 with Doody Mechanical, Inc. in the amount
of $104,385.
Approval of Change Order #2 to contract #6335 with Parkos Construction Company, Inc. in
the amount of $33,691.56.
Sheriffs Office K. Approval of the 2011 Urban Area Security Initiative grant agreement between the Minnesota
Department of Public Safety, Homeland Security and Emergency Management and
Washington County.
L. Approval of resolution authorizing the Washington County Sheriffs Office to enter into a
Joint Powers Agreement with the City of Bayport, Minnesota to provide gasoline to assist the
city with law enforcement services.
M. Approval of resolution authorizing the Washington County Sheriff's Office to enter into a
Joint Powers Agreement with the City of Oak Park Heights, Minnesota, to provide gasoline to
assist the city with law enforcement services.
N. Approval of two Joint Powers Agreements for the purpose of providing a Mass Emergency
Notification System known as Code RED to the following cities within Washington County:
May Township and City of Landfall.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote.
Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
Assistive listening devices are available for use in the County Board Room
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
MEETING NOTICES
All Day Meeting dates, time and locations may change. Contact the Office
agencies for the most current information
2:00 PM MN Inter - County Association -- Kelly Inn, Sibley Room, 2nd Floor - St. Paul
3:30 PM Gateway Corridor Commission -- 8301 Valley Creek Rd, Woodbury City Hall
9:00 AM Minnesota Counties Intergovernmental Trust -- 100 Empire Drive, St. Paul
Admin Commissioners Calendar 1 1/31/2012 8:51 AM
Summary of Proceedings
Washington County Board of Commissioners
January 24, 2012
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary
Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board
Chair Hegberg presided.
Commissioner Reports — Comments — Questions
The Commissioners reported on the following items:
- Commissioner Weik — reported she attended the Minnesota Inter - County Association annual
meeting; attended an overview of the services Store To Door program; attended the
organizational meeting of the Counties Transit Improvement Board; she attended the Public
Health Emergency Preparedness Advisory Committee; she attended the Policy Advisory
Committee for the Gateway Corridor; she attended the Metro Emergency Services Board; she
attended the opening of the library in Marine on St. Croix; and she announced that next
Tuesday is the fifth Tuesday of the month and there will not be a County Board meeting;
- Commissioner Lehrke — reported she attended the Minnesota Inter - County Association annual
meeting; she met with Judy Hunter, Public Health and Environment; she attended the
Association of Minnesota Counties Board of Director's meeting; she attended the legislative
reception last evening;
- Commissioner Pulkrabek — reported that he will attend the Finance Committee meeting
following today's Board meeting;
- Commissioner Kriesel — reported he attended the Minnesota Inter - County Association annual
meeting; he attended the opening of the Maine on St. Croix Library; and reported that the U.S.
Senate passed the exemption to the Scenic and Wild River act to allow for the St. Croix River
Bridge;
- Commissioner Hegberg — reported to attended the opening of the Marine on St. Croix Library;
he attended the Housing and Redevelopment Authority meeting; he attended the Counties
Transit Improvement Board; he attended the Transportation Advisory Board meeting; . he
attended the Metro Area Agency on Aging, the Rush Line Corridor Task Force, and the 35 -E
Corridor;
- All the Commissioners thanked Jim Schug for his service to Washington County; they stated
he led by example; that whatever career path he would have chosen he would have been
successful; he has a high moral compass that always points north; he's fair, very respectful, and
shuns the spotlight; they hoped he enjoyed his leisure time and family, and gave them all their
best.
Community Services
Approval of the following actions:
- Grant agreement with the Minnesota Department of Human Services for $50,000 to fund a
Parent Support Outreach Program;
- Contract w /Accent Integrated Health Services to provide homemaker services to individuals
receiving Medical Assistance Home and Community Based Services;
- One full time equivalent Social Worker I position to provide mental health case management;
- Report on the Veterans Service Officer's demobilization trip to Fort Hood, Texas of a returning
Minnesota National Guard unit last November; and report on services provided in 2011.
General Administration
Approval of the following actions:
- January 10, 2012 Board meeting minutes;
- Reappoint Pamela Skinner, Oakdale, to the Ramsey - Washington Metro Watershed District to a
term expiring February 23, 2015;
- Update on legislative reception held on Monday, January 23, 2012;
- Jim Schug, County Administrator, thanked the County Board, Deputy Administrator;
Department Heads, Administrative staff and all employees for the support they have given him
for the past 25 years, 17 years as County Administrator; he also thanked all the local units of
government, community partners, and the residents who have worked together and
cooperatively to make Washington County a great place to live, work and play;
- Resolution No. 2012 -016, appreciation for James R. Schug upon his retirement as Washington
County Administrator;
- Board correspondence was received and placed on file;
- Executive Session held to discuss a landowner's response to the county's offer to purchase
interests in the Behrends property in Denmark Township;
- Board workshop held to discuss a request for input from the Legislative Commission in the
Metropolitan Government.
Human Resources
Approval to electronically submit the 2011 Pay Equity Report to the Minnesota Department of
Management and Budget and check the electronic signature box stating the submission is
authorized by the County Board Chair,
Information Technolov
Approval of a data/voice cabling contract with Network Design, Inc. for the period of February
1, 2012 through January 31, 2013.
Library
Adoption of Resolution No. 2012 -013, transfer of county library property to the City of Lake
Elmo.
Propertv Records and Taxpaver Services
Approval of contract for assessing services with the City of Birchwood.
Public Works
Approval of the following actions:
- Resolution No. 2012 -014, letter of agreement with Regional Parks Foundation of the Twin
Cities Federation;
- Amendment No. 3 to contract with Lockridge Grindal Nauen, P.L.L.P. for federal relations
services;
- Work Orders 5 through 8 and Change Orders I through 3 to the contract with S.M. Hentges,
Inc. for the Hardwood Creek Trail pedestrian bridge construction over County Road 2 project;
- Work Orders 11 through 16 to the County Road 18 east/west project contract with Hardrives,
Inc.;
- Resolution No. 2012-015, reject bids for Kassbohrer Pistenbully Panna Snow Cat or approved
equal.
Regional Railroad Authority
Approval to select Stantec Consulting Services, Inc. for the completion of the design of the
Newport Transit Station.
Sheriff's Office
Approval of contract amendment #4 with Aramark Correctional Services LLC for the provision
of inmate meals.
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.
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CROSS SECTIONS TO ILLUSTRATE SCALE
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HISTORIC LIFT BRIDGE:
- Preserve historic bridge as a
pedestrian/bike trail.
- Establish endowment to cover
maintenance and operations cost.
35' wide.
15' above the water (water line
to road deck).
- 95' overall height (water line to
top of lift tower).
SENSIBLE STILLWATER BRIDGE:
- Provide three 12 foot lanes, with 6 foot
shoulder and 10 foot emergency lane, with
center lam alternating directions, and 12
foot ped/bike lane (northside of bridge).
- Provide dearancefor large boat traffic
without need for lift mechanism (50' +1- at
main channel).
67* wide.
40' above the water at both shorelines
(water line to road deck).
- Total height at main span, 110' (water
line to top of through truss).
- Typical road section at midspan, 10'
deep.
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PROPOSED FREEWAY STYLE BRIDGE:
- Provides two 12 foot lanes with two 8 foot emergency
lanes, (both directions) and 12 foot ped/bike lane (north-
side of bridge). _
- Provides clearance for large boat traffic without need
for lift mechanism.
106' -T' wide, center of tower to center of tower.
159' above the water at the tallest pier (water fine to
road deck).
- 111' -5" above the water at the shortest pier (water line
to road deck).
-Towers rise 60' above the road deck.
- Total height above water, 219' (water line to top of
tower, 60' above road deck).
- Typical mad section at midspan, 20' deep.
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INTERSTATE HIGHWAY 94 BRIDGE AT HUDSON:
- Provides four 12 foot lanes with two 8 foot emergency lanes. (both
directions) and 12 foot ped/bike lane (.southside of bridge) .
- Provides clearance for large boat traffic without need for lift mech-
anism (55'+/- at main channel).
Fast bound bridge. 80' wide.
West bound bridge. 68'wide.
Overall width, 157' + / -.
68' above the water at the tallest pier (water line to mad deck).
Typical road section at midspan. l4' deep.
CROSS SECTIONS TO ILLUSTRATE SCALE
HISTORIC LIFT BRIDGE:
- Preserve historic bridge as a
pedestrian/bike trail.
- Establish endowment to cover
maintenance and operations cost.
- 35' wide.
- 15' above the water (water line
to road deck).
- 95' overall height (water line to
top of lift tower).
SENSIBLE STILLWATER BRIDGE:
- Provide three 12 foot lanes, with 6 foot
shoulder and 10 foot emergency lane. with
center lane alternating directiom, and 12
foot ped/bike lane ( northside of bridge).
- Provide clearance for large boat traffic
without need for lift mechanism (50' +1- at
main channel).
- 67' wide.
- 40' above the water at both shorelines
(water tine to rued deck).
- Total height at main span, 110' (water
line to top of through truss).
- Typical road section at midspan. 10'
deep.
PROPOSED FREEWAY STYLE BRIDGE:
- Provides two 12 foot lanes with two 8 foot emergency
lanes, (both directions) and 12 foot ped/bike lane (north-
side of bridge).
- Provides clearance for large boat traffic without need
for lift mechanism.
- 106' -T' wide, center of tower to center of tower.
- 159' above the water at the tallest pier (water line to
road deck).
- 111' -5" above the water at the shortest pier (water line
to road deck).
-Towers rise 60' above the road deck.
- Total height above water, 219' ( water 1 ine to top of
tower, 60' above road deck).
- Typical road section at mid-span, 20' deep.
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INTERSTATE HIGHWAY % BRIDGE AT HUDSON:
- Provides four 12 foot lanes with two 8 foot emergency lanes, (both
directions) and 12 foot ped/bike lane (southside of bridge),
- Provides clearance for large boat traffic without nerd for lift mech-
anism (55' +I- at main chancel).
- East bound bridge, 80' wide.
- West bound bridge, 68' wide.
- Overall width, 157' +l -.
- 68' above the water at the tallest pier (water line to road deck).
- Typical road section at midspan,l4' deep.
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