Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2015-01-20 CC Packet
i 1 i\vater. 1NE IIRTNRLACE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North January 20, 2015 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Interviews: Sean Hade, Eric Hansen, Tom Corbett IV. ADJOURN REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 2. Possible approval of minutes of January 6, 2015 regular and recessed meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Certificate of Appreciation & Presentation of Retirement Plaque — Larry Hansen, City Administrator (Resolution 2015-022 — Roll Call) X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney — Update on Annexation process and possible consideration of a resolution clarifying the rights of land annexed to the City Of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to Orderly Annexation Dated August 16, 1996. 11. City Administrator XII. CONSENT AGENDA (ROLL CALL) 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. 12. Resolution 2015-015, directing payment of bills 13. Possible approval of Brine's 23rd Annual Bocce Ball Special Event — February 21, 2015 14. Resolution 2015-016, a resolution establishing temporary duties 15. Resolution 2015-017, approval of contract between the City of Stillwater and Sand Creek Group, Ltd. 16. Possible approval of temporary/seasonal employment of Community Service Officers and Parking Lot Attendants - Police 17. Possible approval of temporary/seasonal employment of Maintenance Worker I — Public Works 18. Possible approval to purchase 2015 Patrol Vehicles 19. Resolution 2015-018, approval of contract for parking lot equipment consulting services 20. Possible approval to purchase storage tank for brine Public Works 21. Resolution 2015 019, approval of Dock Permit for St. Croix Boat & Packet (Available Tuesday) 22. Possible approval to replace 1989 Water Tender Fire 23. Possible approval to purchase wing and plow — Public Works 24. Possible approval of capital release — Library 25. Possible approval of capital purchase of Forensic Software — Police Department 26. Resolution 2015-020, appointing members to the Joint Cable Commission 27. Possible approval to purchase of new core switches for Server Room and Police Department - MIS 28. Possible approval to purchase of new switch for 3rd floor data closet - MIS 29. Possible approval to purchase of portable projector - MIS 30. Possible approval to purchase of upgraded wireless access points for City Hall — MIS 31. Possible approval to purchase memory for virtual network hosts - MIS 32. Possible approval to purchase 6 computers (5- Public Works & 1 -Community Development) 33. Resolution 2015-021, approving additional ball field fees for service 34. Possible approval of temporary liquor license — St. Croix Kids — March 5, 2015 35. Possible approval of utility adjustments XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. XIV. UNFINISHED BUSINESS 36. Possible approval of first reading of Ordinance 1072 entitled an ordinance amending City Code Section 51-2, relating to parking regulations (Commercial Parking Downtown) (returning from January 6th meeting) (1St Reading — Roll Call) XV. NEW BUSINESS 37. Vote on Councilmember Ward 2 Vacancy (Resolution — Roll Call) 38. Possible approval of resolution authorizing the sale of Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 and providing for their issuance (Resolution — Roll Call) XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS 39. Beyond the Yellow Ribbon update XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT A RESOLUTION CLARIFYING THE RIGHTS OF LAND ANNEXED TO THE CITY OF STILLWATER PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996. WHEREAS, effective January 14, 2015, by Order of the Office of Administrative Hearings, 169 separate parcels were Annexed the Town of Stillwater to the City of Stillwater pursuant to the Orderly Annexation Agreement between the City and Town adopted August 16th, 1996, and; WHEREAS, most Annexations that have occurred pursuant to the Orderly Annexation Agreement have been by Petition brought by the owners of property requesting the extension of municipal utilities so that the property could be developed at urban densities, and; WHEREAS, none of the owners of the 169 parcels that were Annexed on January 14th requested Annexation nor did they Petition to be Annexed by the City, and; WHEREAS, many of these parcel have were improved before Annexation under the laws and regulations of the Town, and it is necessary that some clarity be provided to those residents that have certain vested rights in special and conditional use permits, variances, building permits and other permits and privileges granted by the Town before Annexation, and; WHEREAS, the Orderly Annexation Agreement has certain provisions that will benefit the owners of these parcels relating to Assessments, Taxation and Planning, but the Orderly Annexation Agreement does not contain provisions that control rights authorized by the Town now that the parcels are within the City, and; NOW, THEREFORE, BE IT RESOLVED, that the City will give full faith and credit to any rights permits or privileges lawfully granted by the Town related to zoning and land use controls, and that any licenses or permits with a term or time limit be honored until the permit expires. This provision will not apply to vacant land, nor will this provision limit the discretion of the Joint Board or City Council when considering the zoning classification or development plans when the use or development of vacant parcels is proposed. Enacted by the City Council of the City of Stillwater this 20th day of January, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk RESOLUTION 2015-015 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 $473,331.29 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 20th day of January, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-015 Page 1 LIST OF BILLS Ace Hardware Action Rental Inc. Amano McGann Inc AMEM BCA-CJTE Board of Water Commissioner Boyer Trucks Brimeyer Fursman LLC Buberl Black Dirt Inc. Bureau of Crim. Apprehension BWBR C. Hassis Snow Removal and Yard Services Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment Clark Dan Clog Un-Boggler Inc. Comcast Community Thread CoStar Realty Information Inc Cub Foods Dock Cafe Downtown Idea Exchange ECM Publishers Enterprise FM Trust EVS Inc Fastenal Company FleetPride Force America Fury Stillwater G & K Services Galls Gopher State One Call Inc. Henke/Alamo Hennepin Technical College Heritage Printing Inc. Hugo Equipment Company International Code Council Jimmys Johnnys Inc. Kraus -Anderson League of MN Cities Lifetrack Lowell Inn Madden Galanter Hansen LLP Supplies Liquid propane Labor on ticket dispenser Membership Classes Break off flange kit Latch assy Recruitment Black dirt CJDN Connect & Unit Professional services Fire Hall Snow removal Auto parts and supplies Apple iPad Phone Robalon skid shoe & ball bearing Cleaning Services Unclog urinal drain pipe city hall 1st floor Internet & Voice Contribution Property professional Cupcakes Tax from Inv 40051 Downtown Idea Exchange subscription Publications Fire lease vehicle Professional services Supplies Supplies Speedometer conditioner module Vehicle repair #250 Mats & uniforms Uniforms Tickets Redelivery lift gate fee Vehichle inspector recertifications CDL Books Bar intenz Mech/Fuel Gas ansi Toilet rental Fire station Claims Wellness seminar Tax from appt 1537 Labor relations 333.30 55.50 110.00 130.00 670.00 296.04 226.06 3,900.00 4,044.00 270.00 8,037.43 350.00 198.58 918.98 141.09 202.10 1,337.50 150.00 224.70 3,818.75 330.23 32.98 34.67 191.00 147.90 1,558.52 3,314.50 7.37 2.62 118.64 596.32 990.19 232.67 106.05 142.00 190.00 690.00 29.99 184.00 230.00 62,718.80 5,740.96 400.00 12.61 1,444.14 EXHIBIT "A" TO RESOLUTION #2015-015 Mansfield Oil Company MB PTA Menards Metropolitan Council Metropolitan Mechanical Contractors Minnesota UI Fund MN Dept of Labor and Industry MN Dept of Transportation NAPA Auto Parts Newman Signs Office Depot Otis Elevator Company PermitWorks LLC Pioneer Press Professional Wireless Communications Pump and Meter Service Inc. Renewal by Anderson Roadkill Animal Control Sand Creek Group LTD Siegfried Constuction Company George St. Claire Builders LLC Stender Jeff Stillwater Motor Company Stillwater Rotary Club SW/WC Service Cooperatives Toll Gas and Welding Supply Trans Union LLC Truck Utilities Inc. Ultimate Playgrounds Inc USA Mobility Wireless Inc. Spok USPCA Region 18 Valley Trophy Inc. VariTech Force America Verizon Wireless Washington Conservation Distr Washington County Assessors Division Washington County Public Works Washington County Road & Bridge Washington County Sheriffs Office Waste Management - Blaine Wulfing David Youth Service Bureau Zayo Enterprise Networks Fuel Membership - Maureen Geier Supplies Wastewater Charge Maintenance agreement Unemployment benefits paid Elevator License Material testing & inspection Auto parts and supplies Traffic signs & film Office supplies Elevator contract Permits and inspections software support Newspaper Radio repair Repair charges Refund permit 2014-01125 Roadkill disposal Employee Assistance Program S Lowell Park Restrooms Remaining grading escrow refund Reibmurse for cameras Vehicle repair #222 Membership dues Retiree Health Insurance & COBRA Cylinders Information Charges Front plow and hard blade Playground equipment Pagers 2015 PD1 Certification Name plate Motor assembly Police Mobile Broadband 4th billing for shared educator Wash Cty Assessor Website Subscription Traffic signal maintenance Traffic services 2015 Code RED fee 10 yd demo Reimburse for dog food for K9 Contribution Phone Page 2 14,596.46 100.00 93.75 122,891.50 1,012.00 236.22 100.00 1,445.31 93.88 3,305.71 429.28 700.79 2,685.00 130.00 701.17 1,262.84 245.80 108.00 1,977.52 73,650.00 3,500.00 1,524.29 1,945.82 179.15 57,398.32 42.04 35.00 4,025.27 3,618.32 47.20 120.00 21.50 645.09 512.48 556.25 250.00 124.42 99.23 1,432.49 448.49 49.27 2,500.00 829.07 EXHIBIT "A" TO RESOLUTION #2015-015 Page 3 LIBRARY Ace Hardware Baker and Taylor Bayport Public Library Bertalmio Lynne Brodart Co Culligan of Stillwater Demco Inc. Ebsco Publishing G & K Services Midwest Tape Recorded Books Inc Simplex Grinnell LP Stillwater Public Library Foundation Toshiba Business Solutions Value Line Publishing Inc. Washington County Library CREDIT CARDS Library Amazon.com Cub Foods DreamHost Office Max Starbucks VistaPrint Washington Cty Surveyors Stuart Glaser Enterprise GTS Education Luckys Station Larry Hansen 10k Lakes Drop Box Inc Hotels.com Pub 112 Janitorial supplies Materials Library reimbursement Staff reimbursement Materials Water Small equipment Periodicals Towles & Rugs Materials Materials - Proforma Maintenance Contract Dec Gifts Reimbursement Maintenance Contract Reference materials Postage Library materials Meeting Refreshments Tech support Office supplies Staff recognition Printing & publishing Reference Van for tour Homeland security conference Fuel Renew Membership Business account and licenses Accomodations Staff Reception 182.11 982.16 32.00 384.38 429.32 36.19 334.56 6.60 82.54 219.98 499.20 1,490.60 300.00 37.62 1,000.00 696.60 1,483.56 9.98 19.95 27.39 20.00 22.74 62.00 184.53 325.00 10.00 95.00 750.00 481.84 413.67 EXHIBIT "A" TO RESOLUTION #2015-015 Page 4 ADDENDUM Byard Julie Comcast Enterprise Fleet Mgmt Fixmer Don League of MN Cities Magnuson Law Firm Office Depot RiedelI Shoes S & T Office Products Special Operations Training Assn. Springbrook Thomson Reuters UPS Ward Diane Wulfing David Xcel Energy Adopted by the City Council this 20th Day of January, 2015 Park Fee Refund Internet Police vehicle lease Foam for microphone in council Claim # C0029148 Professional Service Office supplies - police dept Skates Office supplies Seminar Monthly Web Payments Info charges Shipping Charges Reimburse for subscription Reimburse for K9 Boarding Energy 150.00 221.90 1,903.40 42.45 825.35 15,870.83 1,116.81 51.79 267.27 200.00 340.85 108.11 24.21 89.00 40.00 30,930.68 TOTAL 473,331.29 FY.AG MINNESOTA DEPARTMENT Or PUBLIC SAFETY Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE )10 Address ill Url-s \S -4-.t Cit Date organized lgCe� 'I I Ia±-L Na of person making application )/ piJ cu_ Date set ups will be sold Organization officer's name State Tax exempt number Minnesota Business phone u51 ---'1/8.9-a,271 Zip Code Home phone t fii -aha -0 31/© Type of organization Club ❑ Charitable Religious City State x ri7a L- Vu - Add New Officer p, Other non-profit Zip Minnesota 5662-0' Location where permit will be used. If an outdoor area, describe. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City/County Date Approved City Fee Amount Permit Date Date Fee Paid Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 Memo DATE: January 20, 2015 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1St quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1' quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Circumstance 1 Water softener leak Winter Average Gallons Billing Quarter Adjustment for From 31,000 4th To 28,000 Extract of Minutes of a Meeting of the City Council of the City of Stillwater, Minnesota Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Stillwater, Minnesota, was duly held at the City Hall in said City on Tuesday, the 20`" day of January, 2015 at o'clock P.M. The following Council members were present: and the following were absent: During said meeting introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AMENDMENT AND RESTATEMENT OF A DEVELOPMENT AGREEMENT AND THE TERMINATION OF CERTAIN ASSESSMENT AGREEMENTS (TERRITORIAL SPRINGS, LLC PROJECT) SERIES 2015 The motion for the adoption of the foregoing resolution was duly seconded by Council member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor hereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2015— A RESOLUTION APPROVING RESTATEMENT OF DEVELOPMENT AGREEMENT AND THE TERMINATION OF CERTAIN ASSESSMENT AGREEMENTS (TERRITORIAL SPRINGS, ILC PROJECT) WHEREAS, on the 9th day of December, 2003, pursuant to a Contract for Private Redevelopment between the City and the Redeveloper, the Parties executed an Assessment Agreement for the purpose of establishing the minimum market value of Terra Springs, Washington County, Minnesota; and WHEREAS, the Assessment Agreements were executed in order to facilitate the issuance of the Taxable Tax Increment Revenue Note No. 1 (Territorial Springs, LLC Project), Series 2003 (the "Series 2003 Note") issued by the City in the original principal amount of $3,255,000, and the Taxable Tax Increment Revenue Note No. 2 (Territorial Springs, LLC Project), Series 2004 (the "Series 2004 Note") issued by the City in the original principal amount of $2,923,000 (collectively, the "Notes"). The Notes were issued by the City for the purpose of financing certain "Site Improvements," as defined in the Contract for Private Redevelopment, dated August 19, 2003, as modified by Addendum No. 1 to Contract for Redevelopment, dated as of September 15, 2004; and WHEREAS, the Contract for Redevelopment need be amended and restated by the Amended and Restated Contract for Private Redevelopment, dated January 20, 2015, attached to this Resolution as Exhibit A in order to facilitate the issuance of the Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 (the "Series 2015 Bonds") to be issued by the City to refund the Notes; and WHEREAS, the Redeveloper has requested that the City issue the Series 2015 Bonds in compliance with applicable restrictions imposed by the Internal Revenue Code of 1986 (the "Code") and the regulations thereunder in order that interest on the Series 2015 Bonds be not includable in Gross Income of holders for federal income tax purposes and to the same extent not includable in the net income of individual estates and trusts for State of Minnesota income tax purposes; and WHEREAS, in order to issue the Series 2015 Bonds as tax exempt obligations, it is necessary that the Parties terminate the Assessment Agreements attached as Exhibits B, C. D, E, and F and the security interest created thereby before the Series 2015 Bonds are sold; and NOW, THEREFORE, BE IT RESOLVED, that the Amended and Restated Development Agreement and Termination Agreements attached to this Resolution as Exhibits are hereby approved according to the conditions set forth in each agreement, and the Mayor and City Clerk are authorized to sign all Agreements. Adopted by the City Council of the City of Stillwater this 20th day of January, 2015. ATTEST: Diane F. Ward, Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Execution Copy January 15, 2015 AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND TERRITORIAL SPRINGS, LLC, a Minnesota limited liability company This Document was Drafted by: David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 651/439-9464 EXHIBIT A TABLE OF CONTENTS Section 1.1. Definitions 2 Section 2.1. Representations by the City. 4 Section 2.2. Representations and Warranties by the Redeveloper 5 Section 3.1. Refunding Bonds. 5 Section 4.1. Redeveloper's Responsibility 7 Section 5.1. Public Improvements. 7 Section 5.2. Project Improvements; Warranty. 8 Section 5.3. Street and Utility Management. 8 Section 6.1. Construction of Minimum Improvements and Termination Assessment Agreements. 8 Section 6.2. Termination of Assessment Agreements. 9 Section 7.1. Events of Default Defined. 9 Section 7.2. Remedies on Default. 9 Section 7.3. No Remedy Exclusive 10 Section 7.4. No Additional Waiver Implied by One Waiver. 10 Section 8.1. Conflict of Interests; City Representatives Not Individually Liable. 10 Section 8.2. Equal Employment Opportunity. 10 Section 8.3. Provisions Merged With Deed. 10 Section 8.4. Titles of Articles and Sections. 11 Section 8.5. Notices and Demands. 11 Section 8.6. Counterparts. 11 -i- CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, effective the day of , 2015 between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and TERRITORIAL SPRINGS, LLC (the "Redeveloper"), a Minnesota limited liability company, having its principal office at 180 East Fifth Street, Suite 180, St. Paul, Minnesota 55101. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development District Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has adopted a development program (the "Program") pursuant to the Municipal Development District Act; and has established a development district (the "Development District") pursuant to the Municipal Development District Act; and has established Tax Increment Financing District No. 10 (the "Financing District") and adopted a Tax Increment Financing Plan (the "Plan") also pursuant to Minn. Stat. §469.174 through §469.179 of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District were to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, in order to achieve the objectives of the Program and Plan the City acquired certain real property located in the District, from available City funds which did not include tax increments from any Tax Increment Financing District and has sold the real property to the Redeveloper on the condition that the Redeveloper construct the Minimum Improvements thereon; and WHEREAS, the City found that the development and redevelopment of the Development District and the Financing District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, were in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program and the tax increment financing plan was undertaken, and WHEREAS, in furtherance of the purposes and objections of the Program and the Plan and the Program on the 19th of August, 2003, the City and the Redeveloper executed a Contract for Redevelopment for the "Terra Springs" Development whereby the approvals were given by the City for the entire development and construction authorized for the installation of public utilities for the project (the original Agreement); and WHEREAS, pursuant to the original Contract, on the 10th day of December, 2003, the City issued its Tax Increment Financing Note No. 1 ($3,255,000 Taxable Tax Increment Revenue Note Series 2003) and pursuant to all applicable regulations, agreements, rules and laws, the proceeds of Tax Increment Financing Note No. 1 were dispersed in furtherance of Phase I of the project; and WHEREAS, the Developer and the Redeveloper, in furtherance of the purpose of the Program and the Plan, on the 17th of June, 2004 executed Addendum No. 1 to the original Contract in order to facilitate the issuance of a Taxable Tax Increment Note No. 2; and WHEREAS, on the 15th day of September, 2004 the City issued Tax Increment Financing Note No. 2 ($2,923,000 Taxable Tax Increment Note, Series 2004), and pursuant to all applicable regulations, agreements, rules and laws, the proceeds of Tax Increment Financing Note No. 2 were dispersed in furtherance of Phase II of the project; and WHEREAS, pursuant to the original Agreement and Addendum No. 1, the City and the Redeveloper agreed to issue tax exempt tax increment bonds ("Refunding Bonds") to refund both Tax Increment Financing Note No. 1 and Tax Increment Financing Note No. 2 and it is in furtherance of that purpose that the City and Redeveloper amend and restate both the original Agreement and Addendum No. 1 in order that the Amended and Restated Agreement, as set forth in this Agreement will cancel and annul both the original Agreement and Addendum No. 1. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act" means collectively the Municipal Development District Act, Minn. Stat. §469.124 et sec ., as amended, and Minn. Stat. §469.174 through §469.179. 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.3. "Available Tax Increments" means 95% of those tax increments actually received by the City from the Redevelopment Property in the six months preceding each date of payment on the Tax Exempt Tax Increment Bonds (Refunding Bonds). 1.1.4. "City" means the City of Stillwater, Minnesota. 2 1.1.5. "County" means the County of Washington, Minnesota. 1.1.6. "Development District" means Municipal Development District No. 1 created by the City. 1.1.7. "Event of Default" means an action by the Redeveloper described in Section 7.1 of this Agreement. 1.1.8. "Lot" means any Lot within the Plat of Terra Springs. 1.1.9. "Minimum Improvements" means the improvements constructed by the Redeveloper on the Redevelopment Property. 1.1.10. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat. §116D.01 et seg., as amended. 1.1.11. "Minnesota Environmental Rights Act" means the statutes located at Minn. Stat. §116B.01 et sec . as amended. 1.1.12. "National Environmental Policy Act" means the federal law located at 42 U.S.C. 4331 et seq., as amended. 1.1.13. "Park Maintenance Fund" means the deposit made by the Redeveloper for the extraordinary repairs and improvements of the public access areas of the Redevelopment Property. 1.1.14. "Plat" means the Terra Springs Plat. 1.1.15. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.16. "Project" means the construction of the Minimum Improvements on the Redevelopment Property and the construction of the Public Improvements by the Redeveloper. 1.1.17. "Public Improvements" means the public improvements constructed by the Redeveloper as described in Section 5.1. 1.1.18. "Redeveloper" means Territorial Springs, LLC, a Minnesota limited liability company, or with respect to any particular Pad, an assignee permitted by this Agreement. 1.1.19. "Redevelopment Property" means the property within the Plat of Terra Springs, on file and of record in the office of the Washington County Recorder. 1.1.20. "Refunding Bonds" means the Tax Exempt Tax Increment Revenue Bonds described in Section 3.1. 3 1.1.21. "State" means the State of Minnesota. 1.1.22. "Streets and Utilities" means the interior streets, sewers, water and storm sewer pipes and appurtenances within the Redevelopment Property that will remain under private ownership. ARTICLE 2 Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of Minn. Stat. §469.124 — 469.134, known as the City Development District Act. 2.1.3. The City has created Tax Increment District No. 10, a Redevelopment District and has presented the District to the Washington County Auditor for certification of the original net tax capacity prior to July 1, 2003, and the first tax increment from the District was received by the City in 2005. 2.1.4. The City owned the Redevelopment Property and sold and conveyed the Redevelopment Property to the Redeveloper upon which the Redeveloper has constructed the Minimum Improvements. 2.1.5. The City has adopted a Business Subsidy Policy as required by Minn. Stat. §116J.993, et seq., however, the assistance provided pursuant to this Agreement is not a business subsidy pursuant to Minn. Stat. §116J.993, subd. 3(7) and (17). 2.1.6. As of the date of execution of this Agreement, the City has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the City is aware of no facts, the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.1.7. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions this Agreement is prevented, limited by or conflicts with or results in a breach of the terms, conditions or provisions of statute, home rule charter, ordinance, any evidence of indebtedness, agreement or instrument of 4 whatever nature to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper has constructed, operated and maintained the Minimum Improvements in accordance with all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 2.2.2. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, except as disclosed to the Redeveloper by written report of Landmark Environmental, LLC., the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.3. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.4. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. ARTICLE 3 Refunding Bonds Section 3.1. Refunding Bonds. 3.1.1. On the 10th of December, 2003, the City issued its Tax Increment Financing Note No. 1 ($3,255,000 Taxable Tax Increment Revenue Note Series 2003) and the proceeds of the Note were disbursed in furtherance of Phase I of the project. 5 3.1.2. On the 15th day of December, 2004, the City issued Tax Increment Financing Note No. 2 ($2,923,000 Taxable Tax Increment Note, Series 2004) and the proceeds of the Note were also disbursed in furtherance of Phase II of the project. The City will use its best efforts to issue Tax Exempt Refunding Bonds to the extent permitted by law to refund Tax Increment Financing Notes No. 1 and No. 2. The Refunding Bond will be issued solely to accredited investors pursuant to a letter of investment intent. The principal amount of the Bonds shall be not greater than the lesser of: (A) that amount such that the Debt Service Coverage Ratio for the Bonds is not less than 1.20 (or higher if the market requires), based upon the following factors (i) the Market Value of the Redevelopment Property, as most recently determined by the assessor of the City in accordance with Minnesota Statutes, Section 273.11; (ii) the then current class rates applicable to the Development Property; (iii) the lower of the original tax rate applicable to the Tax Increment District or the current tax rate applicable to the Tax Increment District; and (iv) an annual rate of inflation in the Market Value of the Redevelopment Property of one percent per year; and (B) that amount sufficient to pay all costs of issuance and capitalized interest, and to provide for payment of the entire principal amount of the outstanding Tax Increment Notes; provided, however, that the City will issue Bonds in an amount sufficient to pay costs of issuance and capitalized interest on only one issue of Tax Exempt Refunding Bonds and the costs of issuance and capitalized interest on any additional issues of the Rebonds shall be paid or funded by the Developer. In the event the net proceeds of the Rebonds are not sufficient to provide for payment of the entire principal amount of the outstanding Tax Increment Notes, the Bonds will not be issued until the Developer provides the City with an amount which is, together with the net proceeds of the Bonds, sufficient to pay the outstanding principal and interest of the Tax Increment Notes, which amount the City agrees will be applied to the payment of the Tax Increment Notes. Payment of the principal and interest on the Refunding Bonds will be subject to the terms of the Bond and payable as follows: A. The sole source of funds, if any, from which the City is obligated to pay principal of and interest on the Tax Exempt Refunding Bonds is the Available Tax Increments derived from the Redevelopment Property in the six months preceding each date of payment on the Refunding Bonds, and nothing herein shall be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Redeveloper for eligible costs, and in no event shall the City be required to use any of its general funds or other municipal funds for any purpose related to or arising from the issuance of the Refunding Bonds, including for the purpose of reimbursing the Redeveloper or any of its creditors or assigns. B. Provided that no Event of Default has occurred and be continuing hereunder, principal of and interest on the Refunding Bonds are payable from Available Tax Increments. C. The obligation of the City to apply Available Tax Increments to payment of the principal of and interest on the Refunding Bonds terminates on the earlier of: (i) 6- February 1, 2030; (ii) upon the occurrence of an Event of Default hereunder if the City suspends or terminates its obligation to apply Available Tax Increment to the payment of the Tax Increment Bond in accordance with Section 7 of this Agreement; (iii) payment in full of the Tax Increment Bond as refunded from time to time; or (iv) statutory termination of the Financing District. ARTICLE 4 Redeveloper's Responsibility. Section 4.1. Redeveloper's Responsibility 4.1.1. City Regulations. The Redeveloper acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default under this Agreement, including but not limited to, the following regulations: A. The Redeveloper must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project, including but not limited to, all conditions of preliminary plat approval imposed by the City Council on April 17, 2001, as part of Case No. SUB/01-05. B. The Redeveloper must finalize an access and maintenance agreement for all streets, parking lots, shared driveways and sidewalks within the plat. This instrument is subject to the approval of the City Engineer. C. The Redeveloper must to grant to the public reasonable access to designated park and trail features on the site, provided that the public access does not unreasonably interfere with private ownership within the site, or does not become a public or private nuisance. 4.1.2. Damage to City, County and State Facilities. The Redeveloper will be responsible for any damage caused to any City, County and State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Redeveloper, its contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City, County and State in taking remedial action. ARTICLE 5 Construction of Public Improvements Section 5.1. Public Improvements. 5.1.1. The City has allowed the Redeveloper to construct and install the Public Improvements. In general, the Redeveloper has constructed the streets, sanitary sewer and water systems, storm sewer and sidewalk system within the boundaries of the Redevelopment Property and off—site upstream and downstream storm water 7 improvements. These improvements are defined by this Agreement as the Public Improvements. Section 5.2. Project Improvements; Warranty. 5.2.1. The Redeveloper agrees that the Public Improvements were done in a workmanlike manner and in strict conformity to the specifications and requirements of the City. Section 5.3. Street and Utility Management. 5.3.1. In order to accommodate the collective needs of Redevelopment Property for Utility Services, the City has authorized the Redeveloper to construct, own and maintain the Streets and Utilities within the boundaries of the Redevelopment Property. 5.3.2. The City and the Redeveloper acknowledge that the Streets and Utilities may not function adequately. In such event, after thirty (30) days written notice to Redeveloper or in an emergency, such notice as may be reasonable under the circumstances, and failure of the Redeveloper to commence and diligently pursue a cure, the Redeveloper authorizes the City to enter upon the Redevelopment Property to construct, reconstruct, extend, maintain and repair any and all Streets and Utilities within the Redevelopment Property, if necessary, in the reasonable opinion of the City. 5.3.3. In the event the City determines that public necessity requires the City to act pursuant to this Section, this Agreement is a license for the City to act, and it will not be necessary for the City to seek an order from any court for permission to enter upon land within the Redevelopment for this purpose. Further, when the City does this work, the City may, in addition to any other remedies, levy special assessments against any common area within the Redevelopment Property to recover the associated costs. 5.3.4. Any costs that may be due the City under this Section or that are spread, as special assessments, will be the obligation of the Common Interest Community to collect and pay out to the City in the same manner as other common expenses otherwise collectable as dues or periodic common area charges. Section 6.1. Agreements. ARTICLE 6 Construction of Minimum Improvements and Termination Assessement Agreements Construction of Minimum Improvements and Termination Assessment 6.1.1. The Redeveloper has completed construction of the minimum improvements. All work with respect to the Minimum Improvements to constructed or provided by the Redeveloper on the Redevelopment Property are in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. 8 Section 6.2. Termination of Assessment Agreements. 6.2.1. The parties agree that all assessment agreements heretofore executed and recorded with the Washington County Recorder will be terminated prior to the closing on the Sale of the Tax Exempt Refunding Bonds described in Sections 3.1.3 of this Agreement. ARTICLE 7 Events of Default Section 7.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: 7.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement. 7.1.2. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any covenant or undertaking of this Agreement. 7.1.3. The Redeveloper: A. files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; B. makes an assignment for the benefit of its creditors; C. admits in writing its inability to pay its debts generally as they become due; or D. is adjudicated bankrupt or insolvent. 7.1.4. The Event of Default shall not be deemed to occur until the City delivers written notice to Redeveloper specifying the nature of the default and Redeveloper fails to remedy such default within thirty (30) days of receipt of such notice, or in the event of defaults which can not be remedied within thirty (30) days, Redeveloper fails to commence and diligently pursue such remedy within thirty (30) days. Section 7.2. Remedies on Default. Whenever any Event of Default referred to in Section 7 of this Agreement occurs, the City may take any one or more of the following actions: 9 7.2.1. Suspend its performance under the Agreement. 7.2.2. Terminate this Agreement and the obligation to pay over the Available Tax Increments to the holder of any Bond or Bonds. 7.2.3. Notwithstanding the remedies set forth in Section 7.2.1 the City will take no action in furtherance of a remedy that will cause the Refunding Bonds, because of the City's action, to become private activity bonds. Section 7.3. No Remedy Exclusive. 7.3.1. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement. Section 7.4. No Additional Waiver Implied by One Waiver. 7.4.1. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE 8 Additional Provisions Section 8.1. Conflict of Interests: City Representatives Not Individually Liable. 8.1.1. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 8.2. Equal Employment Opportunity. 8.2.1. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 8.3. Provisions Merged With Deed. 8.3.1. The provisions of this Agreement are intended to and will be merged with the Deed transferring any interest in the Redevelopment Property and the obligations of the Redeveloper will be appurtenant and will run with and bind the land. -14- Section 8.4. Titles of Articles and Sections. 8.4.1. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 8.5. Notices and Demands. 8.5.1. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper, B. in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 8.6. Counterparts. 8.6.1. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILLWATER By Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON TERRITORIAL SPRINGS LLC, a Minnesota limited liability company Its On this day of , 2015, before me, a Notary Public within and for said County, appeared Ted Kozlowski, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the CITY OF STILLWATER, Minnesota, a Minnesota municipal corporation. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this day of , 2015, by , the , duly authorized agent for the Redeveloper, TERRITORIAL SPRINGS LLC. Notary Public -12- AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA, AND TERRITORIAL SPRINGS, LLC A MINNESOTA LIMITED LIABILITY COMPANY AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON (LOT 1, BLOCK 1) EXHIBIT B AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the 20th day of January, 2015, between the City of Stillwater, Minnesota, a municipal corporation (the "City"), Territorial Springs, LLC, a Minnesota limited liability company (the "Redeveloper"), and the County Assessor of the County of Washington, Minnesota (the "Assessor") (collectively, the "Parties"). WITNESSETH, that 1. On the 9th day of December, 2003, pursuant to a Contract for Private Redevelopment between the City and the Redeveloper, the Parties executed an Assessment Agreement for the purpose of establishing the minimum market value of Lot One, Block One, of Terra Springs, Washington County, Minnesota. The Assessment Agreement was recorded with the Washington County Recorder on January 22, 2004, as Document No. 3417889; and a separate but identical assessment agreement was executed on November 25th and recorded with the Washington County Recorder on December 18, 2003 as Document No. 3411582; and both Assessment Agreements partially revised on June 6, 2013, recorded with the Washington County Recorder on July 1, 2013 as Document No. 3953083. 2. The Assessment Agreement as amended was executed in order to facilitate the issuance of the Taxable Tax Increment Revenue Note No. 1 (Territorial Springs, LLC Project), Series 2003 (the "Series 2003 Note") issued by the City in the original principal amount of $3,255,000, and the Taxable Tax Increment Revenue Note No. 2 (Territorial Springs, LLC Project), Series 2004 (the "Series 2004 Note") issued by the City in the original principal amount of $2,923,000 (collectively, the "Notes"). The Notes were issued by the City for the purpose of financing certain "Site Improvements," as defined in the Contract for Private Redevelopment, dated August 19, 2003, as modified by Addendum No. 1 to Contract for Redevelopment, dated as of September 15, 2004. 3. The Contract for Redevelopment was further amended and restated by the Amended and Restated Contract for Private Redevelopment, dated January 20, 2015, in order to facilitate the issuance of the Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs Project) Series 2015 (the "Series 2015 Bonds") to be issued by the City to refund the Notes. 4. The Redeveloper has requested that the City issue the Series 2015 Bonds in compliance with applicable restrictions imposed by the Internal Revenue Code of 1986 (the "Code") and the regulations thereunder in order that interest on the Series 2015 Bonds be not includable in Gross Income of holders for federal income tax purposes and to the same extent not includable in the net income of individual estates and trusts for State of Minnesota income tax purposes. 5. In order to issue the Series 2015 Bonds as tax exempt obligations, it is necessary that the Parties terminate the Assessment Agreement and the security interest created thereby before the Series 2015 Bonds are sold. 6. In order that the termination of the Assessment Agreement occur before the sale of the Series 2015 Bonds, but not be terminated if and until the Series 2015 Bonds are sold, it is agreed that upon the sale of the Series 2015 Bonds, the termination of the Assessment Agreement will be effective nunc pro tunc on the calendar day before the sale of the Series 2015 Bonds. IN WITNESS WHEREOF, we have caused this Termination of Assessment Agreement to be executed on the day and year first written above. CITY OF STILLWATER By Ted Kozlowski, Its Mayor By Diane Ward, Its Clerk TERRITORIAL SPRINGS, LLC, a Minnesota limited liability company By Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of January, 2015, before me a Notary Public within and for said County, appeared Ted Kozlowski, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss ) Notary Public The foregoing instrument was acknowledged before me this day of January, 2015, by , the , duly authorized agent for the Redeveloper, Territorial Springs, LLC, a Minnesota limited liability company. Notary Public 2 This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 main (651) 439-5641 fax 3 AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA, AND TERRITORIAL SPRINGS, LLC A MINNESOTA LIMITED LIABILITY COMPANY AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON (LOT 1, BLOCK 2) EXHIBIT C AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the 20th day of January, 2015, between the City of Stillwater, Minnesota, a municipal corporation (the "City"), Territorial Springs, LLC, a Minnesota limited liability company (the "Redeveloper"), and the County Assessor of the County of Washington, Minnesota (the "Assessor") (collectively, the "Parties"). WITNESSETH, that 1. On the 9th day of December, 2003, pursuant to a Contract for Private Redevelopment between the City and the Redeveloper, the Parties executed an Assessment Agreement for the purpose of establishing the minimum market value of Lot One, Block Two, of Terra Springs, Washington County, Minnesota. The Assessment Agreement was recorded with the Washington County Recorder on January 22, 2004, as Document No. 3417890; and a separate but identical agreement was executed on November 25, 2003 and recorded with the Washington County Recorder on December 18, 2003 as Document No. 3411583. 2. The Assessment Agreement was executed in order to facilitate the issuance of the Taxable Tax Increment Revenue Note No. 1 (Territorial Springs, LLC Project), Series 2003 (the "Series 2003 Note") issued by the City in the original principal amount of $3,255,000, and the Taxable Tax Increment Revenue Note No. 2 (Territorial Springs, LLC Project), Series 2004 (the "Series 2004 Note") issued by the City in the original principal amount of $2,923,000 (collectively, the "Notes"). The Notes were issued by the City for the purpose of financing certain "Site Improvements," as defined in the Contract for Private Redevelopment, dated August 19, 2003, as modified by Addendum No. 1 to Contract for Redevelopment, dated as of September 15, 2004. 3. The Contract for Redevelopment was further amended and restated by the Amended and Restated Contract for Private Redevelopment, dated January 20, 2015, in order to facilitate the issuance of the Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 (the "Series 2015 Bonds") to be issued by the City to refund the Notes. 4. The Redeveloper has requested that the City issue the Series 2015 Bonds in compliance with applicable restrictions imposed by the Internal Revenue Code of 1986 (the "Code") and the regulations thereunder in order that interest on the Series 2015 Bonds be not includable in Gross Income of holders for federal income tax purposes and to the same extent not includable in the net income of individual estates and trusts for State of Minnesota income tax purposes. 5. In order to issue the Series 2015 Bonds as tax exempt obligations, it is necessary that the Parties terminate the Assessment Agreement and the security interest created thereby before the Series 2015 Bonds are sold. 6. In order that the termination of the Assessment Agreement occur before the sale of the Series 2015 Bonds, but not be terminated if and until the Series 2015 Bonds are sold, it is agreed that upon the sale of the Series 2015 Bonds, the termination of the Assessment Agreement will be effective nunc pro tunc on the calendar day before the sale of the Series 2015 Bonds. IN WITNESS WHEREOF, we have caused this Termination of Assessment Agreement to be executed on the day and year first written above. CITY OF STILLWATER By Ted Kozlowski, Its Mayor By Diane Ward, Its Clerk TERRITORIAL SPRINGS, LLC, a Minnesota limited liability company By Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of January, 2015, before me a Notary Public within and for said County, appeared Ted Kozlowski, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of January, 2015, by , the , duly authorized agent for the Redeveloper, Territorial Springs, LLC, a Minnesota limited liability company. Notary Public -2 This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 main (651) 439-5641 fax -3 AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA, AND TERRA THREE, LLC A MINNESOTA LIMITED LIABILITY COMPANY AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON (LOT 2, BLOCK 2) EXHIBIT D AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the 20th day of January, 2015, between the City of Stillwater, Minnesota, a municipal corporation (the "City"), Terra Three, LLC, a Minnesota limited liability company (the "Redeveloper"), and the County Assessor of the County of Washington, Minnesota (the "Assessor") (collectively, the "Parties"). WITNESSETH, that 1. On the 14th day of September, 2004, pursuant to a Contract for Private Redevelopment between the City and the Redeveloper, the Parties executed an Assessment Agreement for the purpose of establishing the minimum market value of Lot Two, Block Two, of Terra Springs, Washington County, Minnesota. The Assessment Agreement was recorded with the Washington County Recorder on September 23, 2004, as Document No. 3468237; and 2. The Assessment Agreement was executed in order to facilitate the issuance of the Taxable Tax Increment Revenue Note No. 1 (Territorial Springs, LLC Project), Series 2003 (the "Series 2003 Note") issued by the City in the original principal amount of $3,255,000, and the Taxable Tax Increment Revenue Note No. 2 (Territorial Springs, LLC Project), Series 2004 (the "Series 2004 Note") issued by the City in the original principal amount of $2,923,000 (collectively, the "Notes"). The Notes were issued by the City for the purpose of financing certain "Site Improvements," as defined in the Contract for Private Redevelopment, dated August 19, 2003, as modified by Addendum No. 1 to Contract for Redevelopment, dated as of September 15, 2004. 3. The Contract for Redevelopment was further amended and restated by the Amended and Restated Contract for Private Redevelopment, dated January 20, 2015, in order to facilitate the issuance of the Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs Project) Series 2015 (the "Series 2015 Bonds") to be issued by the City to refund the Notes. 4. The Redeveloper has requested that the City issue the Series 2015 Bonds in compliance with applicable restrictions imposed by the Internal Revenue Code of 1986 (the "Code") and the regulations thereunder in order that interest on the Series 2015 Bonds be not includable in Gross Income of holders for federal income tax purposes and to the same extent not includable in the net income of individual estates and trusts for State of Minnesota income tax purposes. 5. In order to issue the Series 2015 Bonds as tax exempt obligations, it is necessary that the Parties terminate the Assessment Agreement and the security interest created thereby before the Series 2015 Bonds are sold. 6. In order that the termination of the Assessment Agreement occur before the sale of the Series 2015 Bonds, but not be terminated if and until the Series 2015 Bonds are sold, it is agreed that upon the sale of the Series 2015 Bonds, the termination of the Assessment Agreement will be effective nunc pro tunc on the calendar day before the sale of the Series 2015 Bonds. IN WITNESS WHEREOF, we have caused this Termination of Assessment Agreement to be executed on the day and year first written above. CITY OF STILLWATER By Ted Kozlowski, Its Mayor By Diane Ward, Its Clerk TERRA THREE, LLC, a Minnesota limited liability company By Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of January, 2015, before me a Notary Public within and for said County, appeared Ted Kozlowski, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this day of January, 2015, by , the , duly authorized agent for the Redeveloper, Terra Three, LLC, a Minnesota limited liability company. Notary Public 2 This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 main (651) 439-5641 fax -3- AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA, ROBERT ENGSTROM COMPANIES, A MINNESOTA CORPORATION, AND TERRITORIAL SPRINGS, LLC A MINNESOTA LIMITED LIABILITY COMPANY AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON (LOT 3, BLOCK 2) EXHIBIT E AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the 20th day of January, 2015, between the City of Stillwater, Minnesota, a municipal corporation (the "City"), Territorial Springs, LLC, a Minnesota limited liability company (the "Redeveloper"), Robert Engstrom Companies, a Minnesota corporation ("Engstrom"), and the County Assessor of the County of Washington, Minnesota (the "Assessor") (collectively, the "Parties"). WITNESSETH, that 1. On the 19th day of August, 2003, pursuant to a Contract for Private Redevelopment between the City and the Redeveloper, the Parties executed an Assessment Agreement for the purpose of establishing the minimum market value of Lot Three, Block Two, of Terra Springs, Washington County, Minnesota. The Assessment Agreement was recorded with the Washington County Recorder on September 23, 2004, as Document No. 3468271; and 2. The Assessment Agreement was executed in order to facilitate the issuance of the Taxable Tax Increment Revenue Note No. 1 (Territorial Springs, LLC Project), Series 2003 (the "Series 2003 Note") issued by the City in the original principal amount of $3,255,000, and the Taxable Tax Increment Revenue Note No. 2 (Territorial Springs, LLC Project), Series 2004 (the "Series 2004 Note") issued by the City in the original principal amount of $2,923,000 (collectively, the "Notes"). The Notes were issued by the City for the purpose of financing certain "Site Improvements," as defined in the Contract for Private Redevelopment, dated August 19, 2003, as modified by Addendum No. 1 to Contract for Redevelopment, dated as of September 15, 2004. 3. The Contract for Redevelopment was further amended and restated by the Amended and Restated Contract for Private Redevelopment, dated January 20, 2015, in order to facilitate the issuance of the Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs Project) Series 2015 (the "Series 2015 Bonds") to be issued by the City to refund the Notes. 4. The Redeveloper has requested that the City issue the Series 2015 Bonds in compliance with applicable restrictions imposed by the Internal Revenue Code of 1986 (the "Code") and the regulations thereunder in order that interest on the Series 2015 Bonds be not includable in Gross Income of holders for federal income tax purposes and to the same extent not includable in the net income of individual estates and trusts for State of Minnesota income tax purposes. 5. In order to issue the Series 2015 Bonds as tax exempt obligations, it is necessary that the Parties terminate the Assessment Agreement and the security interest created thereby before the Series 2015 Bonds are sold. 6. In order that the termination of the Assessment Agreement occur before the sale of the Series 2015 Bonds, but not be terminated if and until the Series 2015 Bonds are sold, it is agreed that upon the sale of the Series 2015 Bonds, the termination of the Assessment Agreement will be effective nunc pro tunc on the calendar day before the sale of the Series 2015 Bonds. IN WITNESS WHEREOF, we have caused this Termination of Assessment Agreement to be executed on the day and year first written above. CITY OF STILLWATER By Ted Kozlowski, Its Mayor By Diane Ward, Its Clerk TERRITORIAL SPRINGS, LLC, a Minnesota limited liability company By Its ROBERT ENGSTROM COMPANIES, a Minnesota corporation By Its -2 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this — day of January, 2015, before me a Notary Public within and for said County, appeared Ted Kozlowski and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of January, 2015, by , the , duly authorized agent for the Redeveloper, Territorial Springs, LLC, a Minnesota limited liability company. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of January, 2015, by , the , duly authorized agent for Engstrom, Engstrom Companies, a Minnesota corporation. This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 main (651) 439-5641 fax Notary Public -3 AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA, AND TERRITORIAL SPRINGS, LLC A MINNESOTA LIMITED LIABILITY COMPANY AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON (LOT 1, B LOCK 3) EXHIBIT F AGREEMENT TO TERMINATE ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the 20th day of January, 2015, between the City of Stillwater, Minnesota, a municipal corporation (the "City"), Territorial Springs, LLC, a Minnesota limited liability company (the "Redeveloper"), and the County Assessor of the County of Washington, Minnesota (the "Assessor") (collectively, the "Parties"). WITNESSETH, that 1. On the 27th day of December, 2004, pursuant to a Contract for Private Redevelopment between the City and the Redeveloper, the Parties executed an Assessment Agreement for the purpose of establishing the minimum market value of Lot One, Block Three, of Terra Springs, Washington County, Minnesota. The Assessment Agreement was recorded with the Washington County Recorder on December 27, 2004, as Document No. 3488538; and 2. The Assessment Agreement was executed in order to facilitate the issuance of the Taxable Tax Increment Revenue Note No. 1 (Territorial Springs, LLC Project), Series 2003 (the "Series 2003 Note") issued by the City in the original principal amount of $3,255,000, and the Taxable Tax Increment Revenue Note No. 2 (Territorial Springs, LLC Project), Series 2004 (the "Series 2004 Note") issued by the City in the original principal amount of $2,923,000 (collectively, the "Notes"). The Notes were issued by the City for the purpose of financing certain "Site Improvements," as defined in the Contract for Private Redevelopment, dated August 19, 2003, as modified by Addendum No. 1 to Contract for Redevelopment, dated as of September 15, 2004. 3. The Contract for Redevelopment was further amended and restated by the Amended and Restated Contract for Private Redevelopment, dated January 20, 2015, in order to facilitate the issuance of the Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs Project) Series 2015 (the "Series 2015 Bonds") to be issued by the City to refund the Notes. 4. The Redeveloper has requested that the City issue the Series 2015 Bonds in compliance with applicable restrictions imposed by the Internal Revenue Code of 1986 (the "Code") and the regulations thereunder in order that interest on the Series 2015 Bonds be not includable in Gross Income of holders for federal income tax purposes and to the same extent not includable in the net income of individual estates and trusts for State of Minnesota income tax purposes. 5. In order to issue the Series 2015 Bonds as tax exempt obligations, it is necessary that the Parties terminate the Assessment Agreement and the security interest created thereby before the Series 2015 Bonds are sold. 6. In order that the termination of the Assessment Agreement occur before the sale of the Series 2015 Bonds, but not be terminated if and until the Series 2015 Bonds are sold, it is agreed that upon the sale of the Series 2015 Bonds, the termination of the Assessment Agreement will be effective nunc pro tunc on the calendar day before the sale of the Series 2015 Bonds. IN WITNESS WHEREOF, we have caused this Termination of Assessment Agreement to be executed on the day and year first written above. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON CITY OF STILLWATER By Ted Kozlowski, Its Mayor By Diane Ward, Its Clerk TERRITORIAL SPRINGS, LLC, a Minnesota limited liability company By Its On this day of January, 2015, before me a Notary Public within and for said County, appeared Ted Kozlowski, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this day of January, 2015, by , the , duly authorized agent for the Redeveloper, Territorial Springs, LLC, a Minnesota limited liability company. Notary Public -2- This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 main (651) 439-5641 fax -3- i 1 1 t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North January 20, 2015 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Interviews: Sean Hade, Eric Hansen, Tom Corbett IV. ADJOURN REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIH. APPROVAL OF MINUTES 2. Possible approval of minutes of January 6, 2015 regular and recessed meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Certificate of Appreciation & Presentation of Retirement Plaque — Larry Hansen, City Administrator (Resolution 2015-022 — Roll Call) X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney — Update on Annexation process 11. City Administrator XII. CONSENT AGENDA (ROLL CALL) 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. 12. Resolution 2015-015, directing payment of bills 13. Possible approval of Brine's 23rd Annual Bocce Ball Special Event — February 21, 2015 14. Resolution 2015-016, a resolution establishing temporary duties 15. Resolution 2015-017, approval of contract between the City of Stillwater and Sand Creek Group, Ltd. 16. Possible approval of temporary/seasonal employment of Community Service Officers and Parking Lot Attendants - Police 17. Possible approval of temporary/seasonal employment of Maintenance Worker I — Public Works 18. Possible approval to purchase 2015 Patrol Vehicles 19. Resolution 2015-018, approval of contract for parking lot equipment consulting services 20. Resolution 2015-019, approval of Dock Permit for St. Croix Boat & Packet (Available Tuesday) 21. Possible approval to replace 1989 Water Tender — Fire 22. Possible approval to purchase wing and plow — Public Works 23. Possible approval to purchase storage tank for brine — Public Works 24. Possible approval of capital release — Library 25. Possible approval of capital purchase of Forensic Software — Police Department 26. Resolution 2015-020, appointing members to the Joint Cable Commission 27. Possible approval to purchase of new core switches for Server Room and Police Department - MIS 28. Possible approval to purchase of new switch for 3rd floor data closet - MIS 29. Possible approval to purchase of portable projector - MIS 30. Possible approval to purchase of upgraded wireless access points for City Hall — MIS 31. Possible approval to purchase memory for virtual network hosts - MIS 32. Possible approval to purchase 6 computers (5- Public Works & 1 -Community Development) 33. Resolution 2015-021, approving additional ball field fees for service XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. XIV. UNFINISHED BUSINESS 34. Possible approval of first reading of Ordinance 1072 entitled an ordinance amending City Code Section 51-2, relating to parking regulations (Commercial Parking Downtown) (returning from January 6th meeting) (1st Reading — Roll Call) XV. NEW BUSINESS 35. Vote on Councilmember Ward 2 Vacancy (Resolution — Roll Call) 36. Possible approval of resolution authorizing the sale of Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 and providing for their issuance (Resolution — Roll Call) XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS 37. Beyond the Yellow Ribbon update XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT i 1 1 a t e r TME OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING MINUTES January 6, 2015 REGULAR MEETING 4:30 P.M. Mayor Polehna called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders City Clerk Ward APPROVAL OF MINUTES Possible approval of minutes of the December 9, 2014 Special Meeting, December 16, 2014 Regular Meeting, and December 19-20, 2014 Special Meeting Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to approve the minutes of the December 9, 2014 Special Meeting, the December 16, 2014 Regular Meeting, and the December 19-20, 2014 Special Meeting. All in favor. OTHER BUSINESS Discussion on Appointment of Councilmember - Ward 2 Mayor Polehna stated there are five applicants for the position. The Council decided to conduct half-hour interviews with the candidates from 5-8 p.m. Monday, January 12. STAFF REPORTS Police Chief Gannaway reported that two and a half pickup loads were delivered to Toys for Tots in December. Council requested that deadline for the Law Enforcement deadline be posted on the City's website because it is earlier than the deadline for drop off at other locations. Fire Chief Glaser noted that burning permits are still required by the DNR. Community Development Director Turnblad stated that this summer all parking lots east of Main Street will become pay lots. The Downtown Parking Commission is starting to look at equipment and put together a resident parking pass program, which will be in place prior to turning on the new meters. City Council Meeting January 6, 2015 Public Works Director Sanders noted that the City of Oak Park Heights would like the City to participate in its street improvement project near the Government Center. He indicated that some of the streets do not need reconstruction at this time and has asked Oak Park Heights to delay the project. Councilmember Menikheim stated he would like the two City staffs to meet to resolve the issues and make a recommendation to the Council. Public Works Director Sanders will come back with an update. City Attorney Magnuson reminded the Council that the extended deadline for the development contract with Stillwater Caves LLC passed on December 31, 2014, without word from the developers. He received a letter from a mortgage financing firm stating that based on the pro - forma provided by the developers, there is 20% equity and there is a lender in place to provide construction financing, but due to the holidays, the transaction was delayed. Reports and appraisals will be ordered, after which it will take approximately 60 more days to close the loan. This is a letter of interest, but not a binding financing agreement at this point. Since the extended deadline came and went without contact from developers, the Council would have grounds to terminate the contract. Councilmember Menikheim asked about meeting with the developers, and Mayor Polehna expressed that he does not think the City should reach out to the developers - they should be coming to the Council. He has heard of other parties interested in the property. Councilmember Menikheim stated he agrees but in the meantime, the building continues to deteriorate. He suggested establishing a two week deadline and asking the developers to meet, otherwise the Council will open it up to other proposals for the site. Councilmember Weidner pointed out that he has not heard of any other interest, and is uncertain if delaying it two weeks will really matter. Mayor Polehna commented he does not have a problem canceling the contract, since developers have had over a year. On a question by Councilmember Weidner about proper language to use, City Attorney Magnuson responded that the Council is discussing an event of default. The remedy upon an event of default is that the Council could suspend its performance under the agreement, or it could terminate the agreement and the obligation to pay any tax increment to the developer. The Council needs a finding of default - the failure to provide 1) evidence of funded mortgage financing or owners' equity in at least an amount sufficient to fund the construction, and 2) an executed binding contract for construction of the minimum improvements. Councilmember Weidner expressed that he personally feels the developers are in default because they obviously have not meet their obligations under the contract. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, that the Council finds that the redeveloper, as identified in the contract, has failed to provide sufficient evidence of mortgage financing or owners' equity in at least an amount sufficient to fund the construction as required by the Contract, Article 3 Section 3.1.1, and thereby leaves them in default. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Nays: None Page 2 of 10 City Council Meeting January 6, 2015 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to terminate the agreement with the redeveloper, having found them in default. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Nays: None After a short break, Mayor Polehna noted that one Councilmember applicant has a conflict with the January 12 interview date. A second date of 4:30 p.m. Tuesday, January 20 was set. OTHER BUSINESS - CONTINUED Bridgeview Park Plan Community Development Director Turnblad initiated discussion of the concept plan and its implementation phasing for Bridgeview Park. He reminded the Council that costs will be paid by three agencies, MnDOT, the DNR for the boat launch, and the City. Michael Jischke, SRF Consulting Group, reviewed the concept plan, the need for a municipal dock, cost of the proposed park elements, and construction phasing. The Barge Terminal North was found to be the most suitable location for a dock. He presented potential uses for the two historic buildings on the site. Councilmember Weidner asked how the park plan ties into the rest of the planning that is occurring, and Community Development Director Turnblad responded that the Bridgeview Park Plan looks only at that property. The physical improvements called for in the Bridgeview Park Plan support potential improvements in the other areas. There is no doubling up of planning efforts. The final plan document will show phasing and potential sources of funding. If the plan is approved, the funding will be appropriated and tracked in the five year capital improvement plan. Phasing of the improvements may take five to ten years. Councilmember Menikheim noted it helps to know that this is a ten-year plan. Councilmember Weidner emphasized that the Council needs to look at the plan in terms of how to phase the improvements and how to fund them, and Community Development Director Turnblad responded that perhaps the chapter on phasing and implementation, who is responsible for which expenses out of the $8.7 million total, may need to be done next in order to answer those questions. Councilmember Weidner inquired as to why the docks are not closer to the downtown, and what the role and agreement is with Mr. Anderson for public dock space. Community Development Director Turnblad replied that Mr. Anderson owns a portion of the riverfront. He leases a portion of City property for dock and parking. Councilmember Weidner asked if it would be possible to tell Mr. Anderson that he is not required to maintain public dock space and needs to park the big boats on his own docks. Mr. Turnblad answered that the City owns only part of the property where the parking is. Part of it is owned by Mr. Anderson. He has not talked to Mr. Anderson about swapping docks. Councilmember Weidner emphasized that he is not talking about flipping his docks, rather releasing Mr. Anderson from the requirement to provide the public docks. He is not trying to restrict Mr. Anderson's business, instead he would like the public to be able to get on a public pathway and walk into downtown from public docks. Page 3 of 10 City Council Meeting January 6, 2015 Community Development Director Turnblad stated that the bank in that area is steeper and to get ADA conforming ramps, the ramp system would have to be more extensive. The other down side would be having small public privately owned boats maneuvering around the large commercial boats. Mayor Polehna suggested cantilevering the trail along the water to get it away from the traffic, and Mr. Turnblad indicated that he could have a conversation with Mr. Anderson to see how he would react to having a public dock so close to his docks. He will discuss this with Mr. Anderson and report back by the next meeting City Attorney Magnuson provided the history of wharfage and dock permitting in the City. It is a complicated issue and a lot of parties are involved. The public docks are a condition of allowing the wharfage permit for the commercial docks. Councilmember Weidner recognized it is important for the City to maintain continuity of the waterfront. He would like to see the walkway along the river put back into the plan. Mayor Polehna stated he likes the conceptual plans. Councilmember Menikheim stated conceptually it looks good. The meeting went into recess at 6:17 p.m. REGULAR MEETING 7:00 P.M. Mayor Polehna called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor -Elect Kozlowski led the Council and audience in the Pledge of Allegiance. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Ward gave the oath of office to newly elected Councilmembers Menikheim, Polehna, and Mayor Kozlowski. The meeting went into recess at 7:10 p.m. The meeting reconvened at 7:30 p.m. Page 4 of 10 City Council Meeting January 6, 2015 Present: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Brent Peterson, Washington County Historical Society, invited the Councilmembers to the Ice Cream Social on Saturday, January 17, in Lowell Park. Calvin Jones, 513 Edgewood Avenue, Chairman of Stillwater Area Scholastic Cycling Advocates, spoke in support of the DNR Brown's Creek Trail mountain bike trail efforts. CONSENT AGENDA Resolution 2015-001, directing the payment of bills Resolution 2015-002, designation of depositories for 2015 Resolution 2015-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2015-004, designating the Stillwater Gazette as the City's legal publication and approving contract with the Stillwater Gazette for 2015 Resolution 2015-005, resolution accepting cash donations Resolution 2015-006, approving Exhibit A as it relates to Resolution 2013-057, resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2015-007, appointments to Library Board Resolution 2015-008, approval of Employment Agreement with J. Thomas McCarty for Stillwater City Administrator Possible approval of 2 iPads and cases for Council Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Page 5 of 10 City Council Meeting January 6, 2015 PUBLIC HEARINGS A public hearing to consider approval of an amendment to the commercial parking regulations. The hearing specifically is to consider amending City Code Section 51-2, Subd. 2 & 4 to regulate the parking of commercial trailers and boat trailers on public streets and in public parking lots in Downtown Stillwater. Community Development Director Turnblad reviewed the proposed amendment which would extend the prohibition on commercial parking to all areas of the City. The City has been experiencing difficulty with trailers and contractors parking in downtown municipal parking lots. In addition, empty boat trailer parking is prohibited on public lots which needs to be extended to loaded trailers. The Downtown Parking Commission recommends adoption of the ordinance amendment as proposed. Councilmember Polehna voiced concern about prohibiting loaded boat trailer parking as these may be visitors patronizing businesses. Community Development Director Turnblad responded that it is not meant for trailers passing through or having dinner, but for those that are sitting there overnight or for an extended period of time. Police Chief Gannaway commented that boat trailers take up two parking spots, so most cities do not allow boat and trailer parking in their commercial districts. Some cities designate parking next to a launch. The new boat ramp will have a small area right next to downtown, so that will help somewhat. Otherwise, there is not a good location for boat trailer parking. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Councilmember Polehna stated he is in favor of the amendment, if the City can find a place for travel trailers to park. He does not want the amendment to prohibit boat trailer parking for boat owners who are out for dinner. Mayor Kozlowski agreed there should be a way to allow those with trailers to park for a limited time. Councilmember Weidner asked if camper parking could also be accommodated somewhere. Police Chief Gannaway suggested that staff review the language and come back with a recommendation for a designated area for trailer and camper parking. UNFINISHED BUSINESS Possible approval of 2015 Cruisin' on the Croix Special Event and Contract Scott Zahren, organizer, presented revised dates for Cruisin' on the Croix: the first Wednesday in June, and thereafter every other week in June, July, August and September. Mayor Kozlowski suggested someone look at actual parking spaces available during these events to get an accurate picture of the impacts. Mr. Zahren asked for the 2014 rate of $1.50 per parking space per day. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2015-009, approving 2015 special event and contract for Cruisin' on the Croix, charging the same parking rate as 2014. Ayes: Councilmembers Menikheim, Polehna, Weidner, Mayor Kozlowski Nays: None Page 6 of 10 City Council Meeting January 6, 2015 Possible approval of 2015 Rivertown Art Festival Special Event and Contract City Clerk Ward explained that in the past, the Festival was held the 3rd weekend of May. Last year the Council approved the date change for one year, however it required the event to go through the Special Event process for the change of the date. Todd Streeter, director of the Stillwater Chamber, offered to answer questions about use of the parking lot for the event. Councilmember Weidner asked why the festival is not held on the grass, and Mr. Streeter replied that for the spring art festival, most of the time the grass is underwater, very soggy or has debris from spring flooding. For the fall festival, an art festival does not function well on the grass because of the potential for severe weather. The grass often gets inundated with water and becomes soggy throughout the entire weekend. Councilmember Weidner stated he would prefer the festivals to be on the grass, not the parking lots. Councilmember Polehna stated he understands the spring festival being in parking lots, but the fall festival should absolutely be on the grass. Councilmember Menikheim reminded the Council the City needs an event strategy. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2015-010, approving 2015 special event and contract for Rivertown Art Festival. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Possible approval of resolution adopting the Annexation City Attorney Magnuson presented a resolution for the Council's consideration that would annex the area of Stillwater Township within the Orderly Annexation Area. Section Six of the Orderly Annexation Agreement, dealing with Assessment and Utility Policy, and Section Seven dealing with Real Estate Taxation, would remain in effect until 2020. Further Sections b., c., and d. of Section 8 would also remain in effect for the next 5 years. Items that would still require Joint Board approval are the adoption of the initial zoning for newly annexed parcels and any variances, any Assessment Policy for its consistency with Section Six, and any changes to the Rural Taxing District for its consistency with Section Seven. The right of the Joint Board to review and comment on any development application, or to approve comprehensive plan amendments, would no longer apply. Councilmember Weidner pointed out that the annexation was anticipated since the Orderly Annexation Agreement was finalized in 1996, and was discussed with all the potential annexed property owners earlier in 2014. Councilmember Menikheim commended the team that drafted the Orderly Annexation Agreement for its foresight. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-011, A Resolution Annexing Land to the City of Stillwater Pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation, Dated August 16, 1996. Page 7 of 10 City Council Meeting January 6, 2015 Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of meeting date changes for 2015 City Clerk Ward reviewed possible 2015 meeting date changes: Tuesday, August 4, 2015 (Nite to Unite), changed to Tuesday, July 28, 2015 and Tuesday, November 3, 2015, changed to Tuesday, October 27, 2015 (only if there is a Special School District Election —will hopefully know in February). Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the proposed meeting date changes. All in favor. Designation of Vice Mayor Councilmember Menikheim nominated Councilmember Polehna Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2015-012, Designating Council Vice Mayor for 2015. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of an agreement with the DNR related to Brown's Creek Park and Trail items Community Development Director Turnblad explained that a mountain bike trail is proposed for the Brown's Creek Preserve area. This was approved by the Parks Commission. Because the site has a DNR easement, the trail requires DNR approval. The City has been waiting since April for DNR approval. Hank Gray, 231 North Everett Street, of Stillwater Area Scholastic Cycling Advocates, explained the proposal. The trail is designed to be a beginner and intermediate mountain bike trail, appropriate for walking and snowshoeing as well. It will offer safe off-road riding that is lacking in the area. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to authorize the Mayor to sign the letter to the DNR as presented. Request for height variance for remodel of building located at 275 South Third Street Community Development Director Turnblad reviewed the request for a Special Use Permit (SUP) for the top story conversion to two residences for the structure located at 275 Third Street South. The Planning Commission approved the SUP for the two residences in the Central Business District and the Heritage Preservation Commission approved the design. The conversion of the third story includes the removal of a triangular-shaped roof feature and replacing it with an approximately 760 square foot rooftop access. The new rooftop access would also serve as a skylight to one of the new third -story apartments. The proposed height is 41', 6' greater than the 35' maximum height allowed in the Height Overlay District. The existing height of the gable is 41'. The new rooftop addition will not exceed the existing height. The Planning Commission heard this variance request at the time of the SUP application. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2015-013, approving a variance to the height of the structure located at 275 Third Street South, Case No. 2014-35. Page 8 of 10 City Council Meeting January 6, 2015 Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of a request for no parking on a portion of 63rd Street Public Works Director Sanders informed the Council of a request from the Stillwater School District for "No Parking" on a segment of 63rd Street located on the south side of Oak Park Elementary School, between Osman Avenue North and Oxboro Avenue North, due to safety concerns. Staff recommends approval. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-014, approving no parking for 63rd Street between Osman Avenue North and Oxboro Avenue North during the hours of 8 a.m. to 3:30 p.m. Monday through Friday. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS Councilmember Weidner mentioned that a Stillwater resident is badly needed for the Joint Cable Commission, which has four meetings a year. Councilmember Polehna thanked Councilmember Weidner for his work taking down the Christmas tree lights. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adjourn the meeting at 8:38 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2015-001, directing the Payment of Bills Resolution 2015-002, designation of Depositories for 2015 Resolution 2015-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2015-004, designating the Stillwater Gazette as the City's legal publication and approving contract with the Stillwater Gazette for 2015 Resolution 2015-005, resolution accepting cash donations Resolution 2015-006, Approving Exhibit A as it relates to Resolution 2013-057, Resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2015-007, appointments to Library Board Resolution 2015-008, approval of Employment Contract with J. Thomas McCarty for Stillwater City Administrator Page 9 of 10 City Council Meeting January 6, 2015 Resolution 2015-009, approving 2015 Special Event and Contract for Cruisin' on the Croix Resolution 2015-010, approving 2015 Special Event and Contract for Rivertown Art Festival Resolution 2015-011, a resolution annexing land to the City of Stillwater Pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation Dated August 16, 1996 Resolution 2015-012, designating Council Vice Mayor Resolution 2015-013, resolution approving a variance to the height of the structure located at 275 Third Street South, Case No. 2014-35 Resolution 2015-014, approving No Parking for 63rd Street between Osman Avenue North and Oxboro Avenue North during the hours of 8 a.m. to 3:30 p.m. Monday through Friday Page l0 of 10 1 City o� tiUwaten, LU(itnLesota Pltodamation RESOLUTION 2015-022 Larry Hansen r WHEREAS, Larry 3-(ansen is retiring from his position as City Administrator for the City of Stillwater, effective January 3o, 2015. NOW THEREFORE, BE IT RESOLVED, by the City Councilof the City of Stillwater, Minnesota, that for his service to the City of Stillwater, Larry is hereby commended for serving the City for 13 years. The Council extends their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorizedanddirectedto enter this Certificate of.Alppreciation upon the official record of the Council and to deliver a certified copy thereof to Larry 3-(ansen. Adopted by the City Council this 2oth day of January, 2015. EXHIBIT "A" TO RESOLUTION #2015-015 Page 1 LIST OF BILLS Ace Hardware Action Rental Inc. Amano McGann Inc AMEM BCA-CJTE Board of Water Commissioner Boyer Trucks Brimeyer Fursman LLC Buberl Black Dirt Inc. BWBR C. Hassis Snow Removal and Yard Services Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment Clark Dan Clog Un -Boggier Inc. Comcast Community Thread CoStar Realty Information Inc Cub Foods Dock Cafe Downtown Idea Exchange Enterprise FM Trust EVS Inc Fastenal Company FleetPride Force America Fury Stillwater Galls G & K Services Gopher State One Call Inc. Henke/Alamo Hennepin Technical College Heritage Printing Inc. Hugo Equipment Company International Code Council Jimmys Johnnys Inc. Kraus -Anderson Lifetrack League of MN Cities Lowell Inn Madden Galanter Hansen LLP Mansfield Oil Company M B PTA Supplies Liquid propane Labor on ticket dispenser Membership Classes Break off flange kit Latch assy Recruitment Black dirt Professional services Fire Hall Snow removal Auto parts and supplies Apple iPad Phone Robalon skid shoe & ball bearing Cleaning Services Unclog urinal drain pipe city hall 1st floor Internet & Voice Contribution Property professional Cupcakes Tax from Inv 40051 Downtown Idea Exchange subscription Fire lease vehicle Professional services Supplies Supplies Speedometer conditioner module Vehicle repair #250 Uniforms Mats & uniforms Tickets Redelivery lift gate fee Vehichle inspector recertifications CDL Books Bar intenz Mech/Fuel Gas ansi Toilet rental Fire station Wellness seminar Claims Tax from appt 1537 Labor relations Fuel Membership - Maureen Geier 333.30 55.50 110.00 130.00 670.00 296.04 226.06 3,900.00 4,044.00 8,037.43 350.00 198.58 918.98 141.09 202.10 1,337.50 150.00 224.70 3,818.75 330.23 32.98 34.67 191.00 1,558.52 3,314.50 7.37 2.62 118.64 596.32 232.67 877.40 106.05 142.00 190.00 690.00 29.99 184.00 230.00 62,718.80 400.00 5,740.96 12.61 1,444.14 14,596.46 100.00 EXHIBIT "A" TO RESOLUTION #2015-015 Menards Metropolitan Council Metropolitan Mechanical Contractors MN Dept of Labor and Industry NAPA Auto Parts Newman Signs Office Depot Otis Elevator Company PermitWorks LLC Pioneer Press Professional Wireless Communications Pump and Meter Service Inc. Renewal by Anderson Roadkill Animal Control Sand Creek Group LTD Siegfried Constuction Company George St. Claire Builders LLC Stender Jeff Bureau of Crim. Apprehension MN Dept of Transportation Stillwater Motor Company ECM Publishers Stillwater Rotary Club SW/WC Service Cooperatives Toll Gas and Welding Supply Trans Union LLC Truck Utilities Inc. Minnesota UI Fund Ultimate Playgrounds Inc USA Mobility Wireless Inc. Spok USPCA Region 18 Valley Trophy Inc. VariTech Force America Verizon Wireless Washington Conservation Distr Washington County Assessors Division Washington County Road & Bridge Washington County Sheriffs Office Washington County Public Works Waste Management - Blaine Wulfing David Youth Service Bureau Zayo Enterprise Networks Supplies Wastewater Charge Maintenance agreement Elevator License Auto parts and supplies Traffic signs & film Office supplies Elevator contract Permits and inspections software support Newspaper Radio repair Repair charges Refund permit 2014-01125 Roadkill disposal Employee Assistance Program S Lowell Park Restrooms Remaining grading escrow refund Reibmurse for cameras CJDN Connect & Unit Material testing & inspection Vehicle repair #222 Publications Membership dues Retiree Health Insurance & COBRA Cylinders Information Charges Front plow and hard blade Unemployment benefits paid Playground equipment Pagers 2015 PD1 Certification Name plate Motor assembly Police Mobile Broadband 4th billing for shared educator Wash Cty Assessor Website Subscription Traffic services 2015 Code RED fee Traffic signal maintenance 10 yd demo Dog for for K9 Contribution Phone Page 2 93.75 122,891.50 1,012.00 100.00 93.88 3,305.71 429.28 700.79 2,685.00 130.00 701.17 1,262.84 245.80 108.00 1,977.52 73,650.00 3,500.00 1,524.29 270.00 1,445.31 1,945.82 147.90 179.15 57,398.32 42.04 35.00 4,025.27 236.22 3,618.32 47.20 120.00 21.50 645.09 512.48 556.25 250.00 99.23 1,432.49 124.42 448.49 49.27 2,500.00 829.07 EXHIBIT "A" TO RESOLUTION #2015-015 Page 3 LIBRARY Ace Hardware Baker and Taylor Bayport Public Library Bertalmio Lynne Brodart Co Culligan of Stillwater Demco Inc. Ebsco Publishing G & K Services Midwest Tape Recorded Books Inc Simplex Grinnell LP Stillwater Public Library Foundation Toshiba Business Solutions Value Line Publishing Inc. Washington County Library CREDIT CARDS Library Amazon.com Cub Foods Dream Host Office Max Starbucks VistaPrint Washington Cty Surveyors Stuart Glaser Enterprise GTS Education Luckys Station Larry Hansen Drop Box Inc 10k Lakes Hotels.com Pub 112 Janitorial supplies Materials Library reimbursement Staff reimbursement Materials Water Small equipment Periodicals Towles & Rugs Materials Materials - Proforma Maintenance Contract Dec Gifts Reimbursement Maintenance Contract Reference materials Postage Library materials Meeting Refreshments Tech support Office supplies Staff recognition Printing & publishing Reference Van for tour Homeland security conference Fuel Business account and licenses Renew Membership Accomodations Staff Reception 182.11 982.16 32.00 384.38 429.32 36.19 334.56 6.60 82.54 219.98 499.20 1,490.60 300.00 37.62 1,000.00 696.60 1,483.56 9.98 19.95 27.39 20.00 22.74 62.00 184.53 325.00 10.00 750.00 95.00 481.84 413.67 Stiliwater Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/9/2015 Re: Bocce Ball Tournament Attached is the special event for the Brines Bocce Ball tournament that has been held annually for 23 years. This year's event will be held on Saturday, February 21, 2015 which is planned to be the same as last year using the parking lot between City Lot 3 and their building. Last year it did not go before parking commission and staff is treating this year's event the same for the parking spaces which was charging the fee for the parking spaces according to the event fee schedule. Alcohol will be consumed on the public parking lot therefore a consumption permit will be needed. Last year 1 officer was required and paid directly to officer. With the new policy/fee approved in 2014 it will be invoiced and charged at the new rate. The organizer requests to have the lot posted with no parking signs and Public Works will need to provide 4 barricades. Payment of the City services, parking spaces, and permit should be paid by February 2nd. ACTION REQUIRED: If Council wishes to approve the special event, allow the use of the City lot for this event. EVENTS PERMIT APPLICATION RECEIVED 216 North 4h Street, Stillwater, MN 5508 THE SIATHPLACE Of MINNESOTA Telephone: 651-430-8800 Fax: 651-430-8 . 09 f''�.r ° (' I °I Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. 11/12/1 Date of Application: CITY OF STILLWATER Office Use Only ENGINEERING DEPARTMENT Date Application Receive' Type: Event Event w/ Contract Event Information Title/Name of Event Brines Bocce Ball Tournament 2/21/15 6:00 A.M. 8:00 A.M. Event Date/Time: Set up: Date Time to Actual Event: Date 2/21/15 Time 10:00 A.M. to 10:00 P.M. Clean up: Date 2/22/15 Time 6:00 A.M. to 10:00 A.M. (Events after 10:00 p.m. require a variance from City Council] Location (Address) of Event: Water Street & Parking lot behind Brine's, 219 Main St. So. (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Brine's 23rd annual Bocce Ball Tuornament Estimated Attendance (participants and spectators): 200-250 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Brine's Bar & Rest. Mailing Address: 219 Main St. So. City, State, Zip Code: Stillwater, Mn 55082 Primary Contact/Applicant Name: Gerry Brine Phone Number: 651-439-7556 Fax: 651-439-7755 Cell Phone: 651-402-3127 Email Address: Brinesbar@hotmail.com Website Address: Brines-stillwater Name of contact person during event: Gerry Brine Cell Phone: 651-402-3127 Alternate contact during event: Lane Edstrom Cell Phone: 651-210-6036 Refer media or citizens inquires to: Gerry Brine Phone: 651-439-7556 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No • Yes Ei Number and size: 1-4x10 on own building Will there be any inflatables? No FR Yes • Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No F3 Yes • What type: apply see Instructions Will sound amplification be used? No • Yes ® Hours and Type: 10:00 A.M.-10:00 P.M. Will a stage or tent(s) be set up? No 0 Yes • Dimensions: Will there be temporary fencing? No ■ Yes How many Fees for electricity may Will merchandise/food items be sold? No 0 Yes INvendors expected: apply see Instructions Will food be prepared on site? No 0 Yes • Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No 0 Yes (• ContactStillwaterFireDepartment, 351-4950 Will alcohol be served but not sold? No ■ Yes D. See Alcohol Regulations in the Instructions Will alcohol be sold? No F:i Yes IN See Alcohol Regulations in theInstructions Will there be a fireworks display? No M Yes ❑ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. None Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Low City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ■ Yes IN Start/End Time: 6: 00 A.M.-12:006 Date: 2/21/15 City Sidewalks or Trails No • Yes • Start/End Time: Date: Public Parking Lots or Spaces No 0 Yes Fn Start/End Time: 6:00 A.M.-12:00 6 Date: 2/21/15 Fees may apply Will event need barricade(s)? No ■ Yes Ki Number needed: 6 see Instructions Fees may apply Will extra picnic tables be needed? No ® Yes • Number needed: see Instructions Fees may apply Will portable restrooms be needed? No Yes 0 Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No • Yes • Number needed: see Instructions Describe trash removal and cleanup plan during and after event: Brine's on site dumpster Will event need traffic control? No Yes ■ Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Fenced in area, own security staff Fees mayapply Instructions seWill "No Parking Signs" be needed? No ■ Yes I1 Number needed: 12 Show locattionss) ion(on site map Will event need security? No 1 Yes ■ If event is overnight. security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No F14 Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: 911 Describe the emergency action plan if severe weather should arise: List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of StiJ{w/rter a d is release of Liability. 11/12/14 Signature of p ~rant or Authorized Agent Date BRINE'S 23rd. ANNUAL BOCCE BALL TOURNAMENT SAT. FEB. 21st. 10:00 am- 10:00 pm Behind Brine's Bar & Rest. Water Street and adjacent parking lot PAfl(4tJG •A wAk $1g. Bocc E. BALL, Mara Mi Life Is Good Capture Green Room. Salon Duro SEAS Ff\Er G►X( HouSE PARKING.. Brine's Apartments Verns City of Stillwater 11/12/14 From Brine's Bar & Restaurant 219 So. Main St. This letter is to request permission from the city of Stillwater for Brine's upcoming 23rd. Annual Frozen Bocce Ball Tournament. The date is set for Sat. Feb. 21st, from 10:00 a.m.-10:00 p.m. As in past years we would like to use parking spaces on both the east and west side of Water St. from Chestnut St. to just behind Brine's building, this would include closing Water St. in that area (see plan). The area in use will be completely enclosed by snow fencing with two controlled entry points. Brine's will be providing are own security for the entry points and enclosed area. We will contact affected business to see if there are any conflicts. A port -a -pot will be on sight and all clean up will be done on Sun. a.m. Feb. 23rd. If there are any question please contact Gerry Brine at 439-7556. I would like to thank the city of Stillwater for past and future co-operation on this event. Thank you Gerry Brine ' 111, i • „aokt. . , . , ----`1 1 A RESOLUTION ESTABLISHING TEMPORARY DUTIES WHEREAS, because J. Thomas McCarty, the incoming City Administrator will not begin his duties as Administrator until March 9th, 2015, and the current City Administrator will leave city service on January 31St, 2015 therefore it is necessary that the administrative structure of the City be clarified during the period of time between January 31St and March 9th, 2015, and WHEREAS, Shawn Sanders, currently the Stillwater Public Works Director is also the designated Assistant City Administrator previously appointed by Resolution of the City Council and Sharon Harrison who is the Stillwater Finance Director, is also the designated Deputy City Treasurer, and both are ready and able, on a temporary basis, to assume the duties of Administrator and Treasurer respectively; and NOW THEREFORE BE IT RESOLVED AS FOLLOW: 1. That Shawn Sanders, on a temporary basis, between January 31st, 2015 and March 9th, 2015 in addition to his duties as Public Works Director, also assume the duties of City Administrator, complete with all authority afforded to that position by the Charter and Ordinances of the City, and; 2. That Sharon Harrison, on a temporary basis, between January 31St and March 9th, 2015, in addition to her duties as City Finance Director, also assume the duties of City Treasurer, complete with all authority afforded to that position by the Charter and Ordinances of the City. 3. That neither is entitled to additional compensation or to a different classification for the temporary assignments unless required otherwise by provisions of the Collective Bargaining Agreement that governs their employment. Enacted by affirmative vote of the Stillwater City Council this 20th day of January, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2015-017 APPROVAL OF CONTRACT BETWEEN THE CITY OF STILLWATER AND SAND CREEK GROUP, LTD. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract between the City of Stillwater and Sand Creek Group, Ltd. to provide an Employee Assistance Program for the term January 1, 2015 through December 31, 2015, as on file with the City Clerk. The Mayor and Clerk are hereby authorized to sign said agreement. Adopted by the City Council this 20th day of January, 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk SAND CRQQK CROUP, LTD. RESOURCES WITHOUT BARRIERS 610 NORTH MAIN STREET, SUITE 200 STILLWATER, MINNESOTA 55082 (PHONE) 651.430.3383 / 800.632.7643 (FAX) 6 5 1 . 4 3 0. 9 7 5 3 www.SandCreekEAP.com I. Employee Assistance Agreement between The Sand Creek Group, Ltd. and The City of Stillwater Services Provided: The program contract includes the following services: 1. Full service coverage for The City of Stillwater employees and their household members. 2. Employee Assistance personnel policy development and consultation. 3. Supervisory training of management personnel in the use of the program. 4. Employee orientation seminars to familiarize your employees with the services available to them. 5. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6. Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within your organization. 7. Confidential assessment, referral and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of EAP counselor. Each session being comprised of one clinical hour. All of the employees of The City of Stillwater and their family members may contact The Sand Creek Group for assessment, brief counsel and, when necessary, referral free -of -charge to them. No limit is placed on the number of assessments and referrals made annually. All contact is strictly confidential. 8. 24 hour telephone crisis intervention. 9. Worksite visits from an EAP representative to continually evaluate the status of the program and your satisfaction. A NATIONAL NETWORK OF OVER 10,000 HIGHLY CREDENTIALED PROFESSIONALS ADDRESSING INDIVIDUALIZED EMPLOYEE NEEDS & IMPROVING PRODUCTIVITY II. Coordination of Services: The City of Stillwater agrees to work with the EAP representative in informing its employees of this agreement and the services which are available to them. III. Use of Name: The City of Stillwater agrees to allow The Sand Creek Group, Ltd. to list the City as a customer on promotional materials. IV. Eligibility: EAP is a service intended to provide short term assessment and brief counseling services to a wide variety of personal and work-related stressors. The service is intended to evaluate relevant information regarding the history of the concerns brought to the EAP by he client; the current status of the concerns; and the impact they are having on the client. EAP's goal is the construction of an action plan to help the client/s deal with their concerns in a successful fashion. Some times the action plan can be successfully implemented exclusively within the EAP. In other cases, the action plan may entail referring the client to a variety of community resources that can provide longer term or specialized services that are beyond or outside the scope of the EAP. The EAP benefit is focused on the individual client whenever an employee or covered family member runs up against individual events, conditions or circumstances that don't envelop other members of the family system. In that case, the individual client is eligible to use up to a certain number of counseling sessions clearly defined in the EAP contract. When an event (i. e. — marital/relationship struggles; divorce; death of a family member; etc.) impacts part or all of an entire family unit, the EAP benefit is available for all family members to use collectively in the initial stages of addressing the impact of that family event. The EAP sessions are intended to define a broader plan of action that includes all involved family members. In many situations that involve multiple family members, the variety of counseling and emotional support needs that exist oftentimes goes beyond the EAP benefit. When that is the case, our goal is to help all impacted family members utilize the EAP benefit in a collective fashion to help guide them towards additional support and counseling services, either individually or as a family. V. Employee Participation: A working policy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. VI. Reporting: The Sand Creek Group, Ltd. will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. SAND CRK GROUP, LTD. S.D.G. VII. Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd. for the employee services is as follows: Number of employees 76 Cost per employee $26.02 Annual EAP Contract Cost $1, 977.52 Term of Contract January 1, 2015 to December 31, 2015 Optional Services: Organization Development Services Trauma Team Services Bag Lunch Seminars: VIII. Fee for Ongoing Counseling: Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employee/family member. $250.00 per hour $250.00/1 st two hours $150.00 per hour over two hours $250.00 per hour of presentation/facilitation IX. Modification or Termination of Contract: This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Stillwater or The Sand Creek Group, Ltd. may cancel this agreement at any time upon 90 day notice, in writing, to the other party. The Sand Creek Group, Ltd. The City of Stillwater Gretchen M. Stein, Ph.D., CEAP Date Date President & Chief Executive Officer The Sand Creek Group, Ltd. GMS:jes SAND CRQ< GROUP, LTD. S.D.G. Memorandum Date: January 8, 2015 To: City Administrator Larry Hansen From: Chief John Gannaway Subject: Seasonal Hires — Police Department The Police Department requests to begin the employment process for the following seasonal positions: • Two (2) Community Service Officers (part-time) • One (1) Parking Enforcement Officer (part-time) • 5-7 Parking Lot Attendants The two seasonal CSO's and the Parking Enforcement Officer are used to augment the CSO duties with the increased call load and population during the summer months. The Parking Lot Attendants are high-school aged employees who assist persons utilizing the various pay parking lots downtown with both use of the pay machines and general parking issues. We cite 5-7 attendants because we don't know how many and/or hours available those personnel are available. All positions were authorized in the Adopted 2015 Budget. a+LIal4t"(ZD It. MEMORANDUM To: Mayor and City Council for of Public Works Date: January 13, 2014 Re: Hiring of seasonal employees I7� From: Shawn Sanders, irec DISCUSSION This is a request to hire seasonal employees in the Public Works Department and an intern for the Engineering Department for 2014. Public Works seasonal employees are assigned to the Parks, Streets and Sewer Departments and assist in all maintenance activities throughout the City for each respective department. Seasonal workers are also required to work weekends and evenings at Teddy Bear Park and Washington Square Park where increase usage requires staffing for general cleaning and building reservations. Each department, streets, parks, sanitary sewer and engineering has funds budgeted to accommodate the hiring of the seasonal employees. RECOMMENDATION Staff recommends that Council approve the hiring of ten summer seasonal employees for the Public Works Department and one for the Engineering Department. Memorandum Date: January 8, 2015 To: City Administrator Larry Hansen From: Chief John Gannaway Subject: 2015 Patrol Vehicle Purchase In the 2015 Adopted Budget, $125,000 was approved to purchase three (3) patrol vehicles. We try to purchase three patrol vehicles each year to ensure that our rotation of patrol vehicles remains at ten (10) vehicles. The life span of a patrol vehicle is three years. Beyond three years they become very maintenance intensive and loose significant value, in addition to becoming unreliable because of maintenance issues. We are requesting to purchase three (3) Ford SUV Police Service vehicles. We have been replacing the Dodge Chargers with these vehicles as they have proven to very reliable, less maintenance costs, get better gas mileage, and with the All -Wheel Drive capability can be driven anywhere in the City year round. The cost of these vehicles is $25,562 each. The remainder of the budgeted money will go towards replacing the emergency equipment, technology, and graphics that goes into each vehicle. We do try to recycle as much vehicle equipment as we can. 1 THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council FROM: Bill Turnblad, Community Development Director DATE: January 13, 2015 RE: Parking Lot Revenue Equipment - Consultant Contract BACKGROUND The Parking Commission hopes to have parking lot revenue control equipment in place and operational by May 1, 2015 for Lots 1-11. Currently there is equipment only in Lots 1 and 2. The installation of equipment in Lots 3-11 represents an expansion in the number of pay lots. Given the confusing array of technologies and equipment options, help is needed to identify the appropriate equipment for the City's parking system. Therefore, the Parking Commission and staff recommend entering into a contract with a parking equipment consultant. In addition to helping the Commission understand equipment options, the consultant would also assist with the RFP specifications, proposal review, and equipment purchase. COMMENTS The search parameters for a consultant included: 1) independence from equipment manufacturers; 2) must be officed out of the Twin Cities area; 3) must have considerable current experience with Parking Access and Revenue Control systems and equipment; 4) must have a good reference from parking facility designers; and 5) provide services for less than $7,500. Staff only identified one consulting firm that met all of the parameters. That is Denison Parking. For a total of $6,350, Damon Noga of Denison Parking will attend meetings throughout this process as well as answer phone calls, e-mails etc related to the selection of the revenue control equipment. He will draft an RFP, distribute it, and review the proposals submitted by the various vendors. The $6,350 cost for the consulting services will be paid for out of the Parking Enterprise Fund. REQUEST Parking Commission and staff request the Council to consider approving the attached contract by adopting the enclosed resolution. bt attachments: contract resolution A RESOLUTION APPROVING CONTRACT FOR PARKING LOT EQUIPMENT CONSULTING SERVICES BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the consulting services contract between the City of Stillwater and Denison Parking for parking revenue control equipment, as on file with the City Clerk, is hereby approved, and the Mayor is authorized to sign said proposal. Adopted by Stillwater City Council this 20`'' day of January, 2015 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk i1Iwater THE BIRTHPLACE OF MINNESOTA CONSULTING AGREEMENT By and Between City of Stillwater, Minnesota (Client) and DENISON PARKING (Consultant) This Agreement entered into this 20th day of January, 2015 by and between City of Stillwater, Minnesota (hereinafter the Client) and Denison Parking (hereinafter the Consultant) to provide certain consulting services as set forth below. I. Work to be Performed. The Consultant will perform and complete work for the Stillwater Downtown Parking Commission as directed by the Client and detailed in Exhibit A. The Consultant will perform the services in competent and professional manner. II. Compensation. In full consideration for services under this Agreement, the Consultant shall be compensated for services as set forth in Exhibit B. All invoices must be submitted to the Client for payment. Client must make payment on the basis of properly itemized and documented invoices within 30 days after receipt of the invoice. III. Independent Contractor. In rendering services hereunder, the Consultant shall be an Independent Contractor and no employer/employee relationship may arise out of or result from rendering the services. IV. Personnel. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing the Services under this Agreement. All of the Services required hereunder will be performed by the Consultant and all personnel engaged in the work must be fully qualified. The Client retains the right to approve any person assigned by the Consultant to perform all or part of the work. V. Responsibilities. The Consultant will remain liable in accordance with applicable law for damages to the Client caused by any negligent performance of Services furnished under this Agreement except for errors, omissions, or other deficiencies to the extent attributable to Client, or any third party. The Consultant will not be responsible for any time delays in the project caused by circumstances beyond the Consultant's control. VI. Assignability. The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the Client. VII. Confidentiality and Ownership of Documents and Plans. Any reports, information, data, and summaries given to or prepared or assembled by the Consultant under this Agreement shall not be made available to any individual or organization by the Consultant to the extent allowed by law without prior written consent of the Client hereto. All reports and other communications from the Consultant concerning the work to be performed shall be directed to the Client. All materials produced by the Consultant during the course of the project shall be owned by the Client. VIII. Insurance. The Consultant specifically obligates themselves to the Client in the following respects, to with: The Consultant shall defend, indemnify and hold harmless the Client, their officers, agents and employees, from suits, actions, proceedings, claims or liability including, but not limited to, death or personal injury of persons, property damage, and expenses including reasonable attorney's fees, cost and other fees, incidental to the defense of such suits, actions, proceedings or claims, based upon or alleged to be based upon, the error, omission, or negligent act by the Consultant, its officers, agents or employees and arising out of, occurring in connection with, resulting from, or caused by the performance, or failure of performance, or the work or Services under this Agreement. Client will indemnify, defend and hold the Consultant harmless from any and all loss, damages, costs, penalties, claims, liabilities, and expenses including reasonable investigation and legal expenses arising out of any claim or loss or damage of any nature whatsoever from or in any way related to Consultant services to Client under this Agreement based -2- upon or alleged to be based upon the error, omission, or negligent act of Client, its officers, agents or employees, excepting any acts or omissions arising out of the negligent performance of any services provided by the Consultant, its officers, agents, or employees. The Consultant further specifically agrees that it is an Independent Contractor and an employing unit subject as an employer, to applicable Unemployment Compensation Statues, so as to relieve the Client of responsibility of liability for treating the Consultant's employees as employees of the Client for the purpose of keeping records, making reports and payment of Unemployment Compensation taxes or contributions; and the Consultant agrees to indemnify and hold the Client harmless and reimburse them for expense or liability incurred under said Statutes in connection with employees of the Consultant, including a sum equal to benefits paid to those who were the Consultant's employees, where such benefit payments are charged to the Client under any Merit Plan or its individual Reserve Account pursuant to any State Unemployment Compensation Statute. The Consultant shall also provide and maintain in full force and effect during the time of this Agreement, insurance covering the operation of automobiles, trucks and other vehicles of the company satisfactory to the Client, protecting the Consultant and the Client against liability from damages because of injuries, including death, suffered by a person or persons other than employees of the Consultant, and liability or damages to property, arising from or growing out of the Consultant's operations in connection with the performance of this Agreement. Public Liability Insurance with a Combined Single Limit of $1,500,000 and Automobile Liability Insurance in the sum of not less than $1,500,000 for Combined Single Limit for Bodily Injury and Property Damage. General Liability Insurance shall be in the sum of not less than $1,500,000 Combined Single Limit for Bodily Injury and Property Damage. A signed Certificate of Insurance satisfactory to the Client of compliance with the requirements of this section shall be furnished to the Client under this Agreement. Such Certificate of Insurance shall provide for ten (10) days written notice to the Client prior to the cancellation or modification of any insurance referred to therein. IX. Representatives. Damon Noga will be the representative for the Consultant for the purpose of this Agreement. Bill Turnblad, Community Development Director, will be the Client's representative for the purposes of this Agreement. X. Termination. This Agreement shall be effective from January 20, 2015 and shall terminate upon completion of the Consultant's work hereunder unless sooner terminated by either party by giving ten (10) days' notice of termination in writing to the other party. If terminated by the Client, Consultant will be compensated for the reasonable value of Services performed through the date of termination. -3- CLIENT: CITY OF STILLWATER By: Ted Kozlowski, Mayor STATE OF MINNESOTA ss. COUNTY OF WASHINGTON By: Diane F. Ward, City Clerk The foregoing instrument was acknowledged before me this of , 2015 by Ted Kozlowski, Mayor, and City Clerk respectively on behalf of the City of Stillwater. Notary Public Commission Expires: Commissioned At: /-/ CONSULTANT By: Damon Noga , Denison Parking STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this of , 2015 by Damon Noga, Denison Parking. Notary Public Commission Expires: Commissioned At: -4- /-/ Exhibit A Service to be offered Meetings requested by Community Development Director and the Parking Commission throughout this process as well as any phone calls, e-mails etc. pertaining to the selection of revenue control parking equipment. Draft an RFP, distribute it to appropriate vendors, and review the proposals submitted by the various vendors. -5- Exhibit B A consulting fee of $6,350. This fee is all inclusive. Estimated: 40-50 hours of work/travel, etc. for the project. -6- STAFF REQUEST ITEM Department: Fire Date: January 15, 2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval to replace 1989 water tender. This apparatus was scheduled to be replaced in 2013 (based on the F.D.'s original CIP) but has been delayed due to budget constraints. Over the last several years funds have been allocated toward the replacement of this vehicle. Current apparatus is 26 years old and has significant maintenance and operational issues. Water tank is leaking, engine has lost significant power, electrical system is unreliable, and overall maintenance costs are beyond the value of the vehicle. Dependability and safety of this apparatus is also a major concern as it continues to age and deteriorate. Council approval of this request would facilitate an anticipated delivery of the replacement vehicle sometime in 2016. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Current apparatus CIP fund replacement balance is $439K. The estimated replacement cost of this type of apparatus based on lowest bid government purchasing consortium pricing is $350K. ADDITIONAL INFORMATION ATTACHED Yes X No 2011 Shared Services CIP Replacement Plan ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: January 15, 2015 Stillwater, Lake Elmo, Mahtomedi, MN Shared Services or Cooperative Effort Feasibility Study Unit Year Figure 17: Example Capital Replacement Plan - Regional Replacement Annual Fund Current Cash Current Life Replacement Cost Contributions Requirements Age Expectancy Year Engine 3173 1990 $600,000 NA $600,000 21 15 OVERDUE Aerial 3175 1980 $1,200,000 NA $1,200,000 31 20 OVERDUE Tanker 176 1987 $350,000 NA $350,000 24 15 OVERDUE Brush 3178 2001 $80,000 $5,333 $53,333 10 15 2016 Engine 3183 1997 $600,000 $40,000 $560,000 14 15 2012 Engine 3186 2007 $600,000 $40,000 $160,000 4 15 2022 Rescue 3187 1994 $95,000 NA $95,000 17 10 OVERDUE Brush 3188 2004 $80,000 $5,333 $37,333 7 15 2019 Engine 5106 1996 $600,000 $40,000 $600,000 15 15 OVERDUE Engine 5108R 1982 $600,000 NA $600,000 29 15 OVERDUE Ladder 5108 2007 $1,200,000 $60,000 $240,000 4 20 2027 Tanker 5105 1987 $350,000 NA $350,000 24 15 OVERDUE Ambulance 850 2009 $125,000 $12,500 $25,000 2 10 2019 Ambulance 851 2003 $125,000 $12,500 $100,000 8 10 2013 Rescue 5107 1991 $350,000 NA $350,000 20 15 OVERDUE Brush 5109 2007 $80,000 $5,333 $21,333 4 15 2022 Brush 5110 2001 $80,000 $5,333 $53,333 10 15 2016 Engine 6107 2005 $600,000 $40,000 $240,000 6 15 2020 Engine 6108 1996 $600,000 $40,000 $600,000 15 15 OVERDUE Engine 6109 2011 $600,000 $40,000 $-- 0 15 2026 Ladder 6112 2002 $1,200,000 $60,000 $540,000 9 20 2022 Tanker 6106 1989 $350,000 NA $350,000 22 15 OVERDUE Rescue 6105 1989 $350,000 NA $350,000 22 15 OVERDUE Brush 6110 2006 $80,000 $5,333 $26,667 5 15 2021 Brush 6111 2006 $80,000 $5,333 $26,667 5 15 2021 TOTALS $ 417,000 $7,528,667 Page 60 Emcagcncy Scniccs Consulting i1Iwar THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Public Works Superintendant DATE: January 15, 2015, SUBJECT: Possible Purchase of New Plow and Wing Background Currently the City of Stillwater Public Works Department has a 1999 Case 621 Loader with its original plow and wing. These attachments have served their useful life and are becoming difficult to maintain. Discussion Public works has received 2 quotes for a 10' benching wing and a 12' front plow manufactured by Craig Attachments. This new plow and wing attachment has a benching wing that will give the department more flexibility in the future for clearing snow by pushing back areas prone to drifting and creating more room in heavy snow seasons for snow placement along city streets. One quote from ZIEGLER CAT for $29,050.00 installed with trade of the old attachments. The other Quote from Titan Machinery for $35,460.00 installed with trade of the old attachments. Recommendation Staff recommends the purchase of the Craig plow and wing from ZIEGLER CAT for $29,050.00 including trade in of the current attachments. This purchase will be paid for from the Streets Capital Outlay fund. STILLWATER PUBLIC LIBRARY To: Mayor and City Council From: Lynne Bertalmio, Library Director Re: 2015 Capital Budget Release January 14, 2015 SelfCheck Upgrades At its meeting on January 13, 2015, the Stillwater Public Library Board of Trustees voted to request the release of $11,205 to upgrade three SelfChecks. This item was included in the 2014 capital funds that the library rolled into 2015. The existing SelfChecks were purchased in 2006. The computers that run them are now over eight years old and very slow. Moreover, they are running on Windows XP for their operating systems. Microsoft stopped supporting OS Windows XP in April 2014. WCL will be upgrading their SelfChecks in January 2015. In addition to replacing the computers for safer and faster operation, the new generation of 3M SelfChecks offers enhanced functionality that will be helpful to library users and promote library events and collections to self-service patrons. These improvements will include suggestions for further reading from NovelList based on what the user is checking out. A large format monitor will also display upcoming programs and customized messages that will help the library disseminate information to people who are bypassing service desks. Computer and monitor upgrade with enhanced software package 3 SelfChecks at $3,198 each 3 Installation and set-up at $499 each Handling costs $114 Total $11,205 Memorandum Date: January 9, 2015 To: City Administrator Larry Hansen From: Chief John Gannaway Subject: 2015 Capital Purchase — Forensic Software Approved in the 2015 Adopted Budget was the purchase of Forensic Software. Forensic software is used to retrieve data/evidence from electronic devices such as mobile phones and tablets. Police Dept. personnel trained in usage of Forensic Software use the equipment/software non-stop, year round. It has become one of the most useful tools we have because of the prevalence of mobile devices in society. The previous software we used, named Cellebrite, has proved to not be robust enough to work with all devices, such as Apple devices. In addition, Cellebrite charges a $1000 per year licensing fee. We are proposing to purchase Oxygen Forensic Suite 2014. We have received a quote of $3498, which is less than half the cost of Cellebrite. It can be utilized with far more devices than Cellebrite, and their annual licensing fee is significantly less. We are requesting approval to purchase the Oxygen Forensic Suite software. Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 1/15/2015 Subject: Joint Cable Commission We have been advertising in the Gazette for the open Primary position, since Mr. Press's resignation on the Joint Cable Commission, without any applications submitted. Through Councilmember Weidner's public appeal, we received an application from Rachel Clark for the Primary Citizen Representative. Jim Roush's (Alternate Citizen Representative) term ended January 1, 2015. Mr. Roush has indicated that because of his work schedule he prefers to resign at the end of his term. Through recruitment by Kathy Cinnamon of Valley Access, Steve Wicker has submitted an application for the Alternate position. These positions should be staggered terms, therefore I would recommend Ms. Clark be appointed for the term ending January 1, 2017, and Steve Wicker appointed for the term ending on January 1, 2016. ACTION REQUIRED: If Council wishes to appoint Ms. Clark and Mr. Wicker, Council should pass a motion adopting a resolution entitled "Appointing members to the Joint Cable Commission" with terms ending as stated above. APPROVING APPOINTMENTS TO JOINT CABLE COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby approves the appointment of: Rachel Clark — Primary Term ending January 1, 2017 Stephan Wicker — Alternate Term ending January 1, 2016 Adopted by the Stillwater City Council this 20th day of January 2015. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: MIS Date: 1/16/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Replacement of core switches in Server Room and Police Department. These switches have reached their capacity and need to be replaced with better technology. All of the old switches will be reallocated and continue to be used in other areas except the PD switch which is having port problems. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be $31,250. Money for this was allocated in the 2015 Capital Outlay budget. ADDITIONAL INFORMATION ATTACHED Yes _X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: II2OW 171L.L41J Date: /// (//5 LOITLER 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-285-2155 * Fax: 952-925-6853 Bill To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Contact: Jeff Gullickson Email: jgullickson@loffler.com Proposal Date Quote # 06/19/14 JQLGQ5673 Ship To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Phone: (651) 430-8804 Fax: Fax: Ln # Qty Description 1 CORE SWITCHES FOR CITY HALL Terms Rep P.O. Number Ship Via jeffg 2 2 48 x460t 10/100/1000BASE-T, 4 100/1000BASE-X unpopulated SFP, XGM3 slot, Stacking module slot, AC PSU with one unpopulated PSU slot, Fan module, ExtremeXOS Edge license Unit Price Ext. Price $6,995.00 $13,990.00 3 2 SummitStack module for Summit X460 $395.00 $790.00 4 2 SummitStack/UniStack Stacking cable, 0.5M $195.00 $390.00 5 2 Summit 300W AC PSU $595.00 $1,190.00 6 2 NBD NBD Replacement Annual Warranty $375.00 $750.00 7 2 LC FIBER MODULE $1,195.00 $2,390.00 8 2 LC FIBER MODULE $1,195.00 $2,390.00 9 1 2M DUPLEX MMF CABLE LC/SC 62.5/125 FIBER $20.80 $20.80 10 6 2M FIBER LC/LC 9 -MICRON SINGLE -MODE PATCH CABLE VALUE $40.00 $240.00 LINE 11 PD Switch 12 1 48 x440p 10/100/1000BASE-T PoE-plus, 4 1000BASE-X unpopulated $4,365.00 $4,365.00 SFP (4 SFP ports shared with 10/100/1000BASE-T ports), SummitStack Stacking ports, 1 AC PSU, ExtremeXOS Edge license, connector for external power supply 13 1 NBD Replacement Annual Warranty $315.00 $315.00 Page 1 Ln # Qty Description Unit Price Ext. Price 14 2 3M FIBER LC/LC 9 -MICRON SINGLE -MODE PATCH CABLE $40.00 $80.00 15 2 1000BASE-SX SFP $309.38 $618.76 16 24 CERTIFIED LOFFLER ENGINEER $155.00 $3,720.00 Total Investment $31,249.56 Sales Tax $0.00 Shipping $o.00 Total $31,249.56 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE -ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. Page 2 STAFF REQUEST ITEM Department: MIS Date: 1/16/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of new switch for the 3rd floor data closet. This switch has reached it's capacity and needs to be replaced with a larger switch. This switch is also not working correctly. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be $6,720.00. Money was allocated in the 2015 Capital Outlay budget for this switch. ADDITIONAL INFORMATION ATTACHED Yes _X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Qjy( 411'441 Date: ( (Zia."72.14.141-en- oft2A-6)-4 19(1414-1 ILtvv) LOTTLER 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-646-6418 * Fax: 952-925-6801 rl To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Fax: Ln # Qty Description 1 CITY HALL FLOOR 3 Ship To: Contact: Mitch Oakes Email: mitch.oakes@loffler.com Date QUOTE Quote # 01/15/15 MKE0Q9466 City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Fax: Terms Rep P.O, Number Ship Via MitchO 2 1 48 10/100/1000BASE-T PoE-plus, 4 1000BASE-X unpopulated SFP (4 SFP ports shared with 10/100/1000BASE-T ports), SummitStack Stacking ports, 1 AC PSU, ExtremeXOS Edge license, connector for external power supply Unit Price Ext. Price $4,265.00 $4,265.00 3 1 NBD Replacement Annual Warranty $315.00 $315.00 4 4 FIBER SX MINI-GBIC $495.00 $1,980.00 5 4 2M FIBER LC/LC PATCH CABLE 62.5MICRON MULTIMODE VALUE $40.00 $160.00 LINE 6 SubTotal $6,720.00 Total lnvestment $6,720.00 Sales Tax Calculated On Invoice Shipping $o.00 Total $6,720.00 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE WITHOUT NOTICE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. Page 1 STAFF REQUEST ITEM Department: MIS Date: 1/16/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a portable projector. The portable projector that we use for the City is no longer working. This projector gets checked out by any department that may need it. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be $687.70. Money was allocated in the 2015 Capital Outlay budget for this switch. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Date: ( // 9LRIA62-1 BILL TO: ROSE HOLMAN 216 4TH ST N Accounts Payable STILLWATER , MN 55082-4807 Customer Phone #651.430.8804 ACCOUNT MANAGER GEOFF STROM 877.460.2975 QTY ITEM NO. 1 CI)WG,com 1 800,594.4239 OE400SPS SHIP TO: CITY OF STILLWATER Attention To: ROSE HOLMAN 216 4TH ST N STILLWATER , MN 55082-4807 Contact: ROSE HOLMAN 651.430.8804 Customer P.O. # PL 99W IS THE EX6220 QUOTE SHIPPING METHOD UPS Ground (2- 3 Day) DESCRIPTION 313924EPSON PL 99W WXGA 3000 LUM Mfg#: V11 H578020 Contract: NJPA 100614#CDW Technology Catalog 100614#CDW EX series are retail models. Epson EX6220 Powerlite 99W SALES QUOTATION FSXC511 5160430 12/2/2014 TERMS Request Terms CDW Government 230 North Milwaukee Ave. Vernon Hills. IL 60061 Fax: 312.881.1367 SUBTOTAL FREIGHT TAX UNIT PRICE 694.70 EXEMPTION CERTIFICATE STATE EXTENDED PRICE This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdw.com/content/terms-conditions/product-sales.asp For more information, contact a CDW account manager. 694.70 694.70 0.00 0.00 US Currency TOTAL • 694.70 Please remit payment to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 STAFF REQUEST ITEM Department: MIS Date: 1/16/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Upgrade wireless in City Hall. Current wireless system is not robust enough for coverage and use that is needed. We will be reallocating the current access points to other buildings (possibly Lily Lake Ice Arena & Public Works). FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be $9650.00. Money was allocated in the 2015 Capital Outlay budget for this switch. ADDITIONAL INFORMATION ATTACHED Yes _X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by:Ka Date: It, 45 LOITLER 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-285-2155 * Fax: 952-925-6853 Bill To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Contact: Jeff Gullickson Email: jgullickson@loffler.com Proposal Date Quote # 01/15/15 MKE0Q9467 Ship To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Phone: (651) 430-8804 Fax: Fax: Ln # . Qty Description 1 CITY HALL WIRELESS UPGRADE Terms Rep P.O. Number Ship Via MitchO Unit Price Ext. Price 2 6 ARUBA INSTANT 225 AP 802.11AC $1,295.00 $7,770.00 3 6 AP 225 AP 1 YEAR SUPPORT $55.00 $330.00 4 10 CERTIFIED LOFFLER ENGINEER $155.00 $1,550.00 Total lnvestment $9,650.00 Sales Tax $0.00 Shipping $o.00 Total $9,650.00 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. Page 1 STAFF REQUEST ITEM Department: MIS Date: 1/16/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of memory for virtual network hosts. This is the 3rd phase of purchasing our virtual network hosts. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be $2274.00. Money was budgeted in 2015 for this purchase. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Date: lit 116 R 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-285-2155 * Fax: 952-925-6853 Bill To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Contact: Jeff Gullickson Email: jgullickson@loffler.com Proposal Date Quote # 01/14/15 JQLGQ5732 Ship To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: (651) 430-8804 Phone: (651) 430-8804 Fax: Fax: i Ln # Qty Description 1 CITY HALL SERVER MEMORY UPGRADES 2 8 8GB RAM 3 6 CERTIFIED LOFFLER ENGINEER 4 SubTotal Terms Rep P.O. Number Ship Via jeffg Unit Price Ext. Price $168.00 $155.00 $1,344.00 $930.00 $2,274.00 Total investment $2,274.00 Sales Tax $0.00 Shipping $0.00 Total $2,274.00 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. Page 1 STAFF REQUEST ITEM Department: MIS Date: 1/16/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of six computers (5 — Public Works, 1 — Community Development). FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be $5,417.00. Money was budgeted in 2015 for this purchase. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 1/16/15 Qu to 10188401 1 50. CITY OF STILLWATER Salesperson Salesperson Name Zach Elbers Salesperson Email Zach_Elbers@Dell.com Quote Details Billing Details Quote Date 01/15/2015 Quote Validity 02/14/2015 Salesperson Phone Solution ID Salesperson Extension Company Name CITY OF STILLWATER Customer Number 10051782 Phone Number 1(651) 430-8804 Address 216 4TH STN STILLWATER MN 55082-4807 US -ice Summary Description Quantity Unit Price Subtotal Price OptiPlex 9020 SFF BTX 1 $902.86 $902.86 Subtotal $902.86 *Taxable Amount $0.00 *Non -Taxable Amount $902.86 Tax $0.00 Shipping and Handling $0.00 Environmental Fee $0.00 Total $902.86 Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. i11watr THE HIFITHPIACE OF MINNESOIA MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Superintendent of Public Works DATE: January 15, 2015 SUBJECT: Field Use Fee BACKGROUND At the December 22, 2014 Parks and Recreation Commission meeting the commission discussed some additions to service provided to various athletic association that use city fields. In the past, Public Works has had an agreement with the Stillwater School District and the St. Croix Valley Baseball Association for grooming and chalking fields for games. With the introduction of Lacrosse in 2013 and the Valley Athletic Association which include baseball, softball, football and soccer in 2014 the City's published field use rates need to be updated. DISCUSSION The Parks and Recreation Commission discussed and approved the following rates: Currently the rates for baseball and softball are as follows: Lower Lily $20.00 per game Upper Lily $15.00 per game Public Works $15.00 per game Staff is recommending the addition of the following rates: Lacrosse $20.00 per application Football $25.00 per application Soccer $20.00 per application Baseball and softball on all other City fields will be $15.00 per game These rates will cover the cost of materials and some maintenance of equipment. RECOMMENDATION If the Council concurs it should adopt a resolution setting these rates retroactive to 2014. RESOLUTION 2015-021 APPROVING ADDITIONAL BALL FIELD FEES FOR SERVICE WHEREAS, the Parks and Recreation Commission at their December 22, 2014 meeting discussed and recommended to Council that additional ball field fees be added to the 2015 fee schedule to service provided to various athletic associations that use City fields BE IT RESOLVED, by the City Council of Stillwater, MN that the following additional ball field fees for services is approved. Lacrosse $20.00 per application Football $25.00 per application Soccer $20.00 per application Baseball & Softball $15.00/game (all City Fields with the exception of Lower Lily Lake field which is $20.00/game) BE IT FURTHER RESOLVED that the fees shall be effective for the year 2014 and added to the 2015 fee schedule. Adopted by the City Council of the City of Stillwater this 20th day of January 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk i11watt THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council FROM: Bill Turnblad, Community Development Director DATE: January 13, 2015 RE: Commercial Parking Downtown BACKGROUND The City has been experiencing difficulty with trailers and contractors parking in the Downtown municipal parking lots. And, for tickets to be sustained by County judges for this type of parking violation, the City needs to revise its parking ordinances and parking lot signage accordingly. On January 6, 2015 the City Council held a public hearing and first reading for a proposed ordinance amendment. No public testimony was offered and the Council closed the hearing. But, since there was concern about a portion of the proposal, the first reading was tabled and continued to the January 20, 2015 Council meeting. SPECIFICS Two vagaries in the City Code are being exploited by a heavy equipment contractor and by a few in the boating public. 1. The first situation is that municipal lots are not intended to be used as private contractor yards where dump trucks, heavy equipment, and trailers are stored overnight. However, in the 24 hour lots where parking overnight is permitted, this type of equipment storage is occurring. And since our Code does not prohibit such parking verbatim, parking violation tickets are not upheld by the courts when challenged. a. Section 51-2, Subd 2 of the City's traffic and parking regulations chapter prohibits parking commercial vehicles on any residential public street (except for loading/unloading or if the area is an active work site). But, nowhere in Code does this same prohibition apply to municipal parking lots, or to commercial streets. i. City Code Sec 51-2 (Parking Regulations), Subd 2 (Commercial Motor Vehicles) currently reads as follows: "No motor vehicle over one -ton capacity bearing a commercial license and no commercially licensed trailer may be parked on any street or roadway in any area in the city which is zoned residential, except when such vehicle is engaged in loading and unloading or rendering a service in the area involved." ii. The Downtown Parking Commission suggests editing this section to read as follows: "No motor vehicle over one -ton capacity bearing a commercial license and no commercially licensed trailer may be parked in any public parking lot or on any street or roadway in any area in the city which is zoned residential, except when such vehicle is engaged in loading, and unloading or rendering a Parking Ordinance Amendment Page 2 service in the area involved, or when prior authorization for the parking has been obtained from the chief of police." 2. The second situation is that parking boat trailers Downtown was historically a large problem. So, the City amended its parking Code to prohibit this. However, the words of the prohibition literally only prohibited parking EMPTY boat trailers. The language was obviously intended to address the issue of launching a boat and then taking up multiple parking spaces all day long while the owner was on the river. But, the situation that repeats itself now is that owners will park their trailered boat and towing vehicle (or occasionally contractor's trailers and towing vehicle) in the city lots for extended periods of time. But, ticketing them, especially in the 24 hour lots, is not sustainable because it is not expressly prohibited. a. Section 51-2, (Parking Regulations), Subd 4 (Empty Boat Trailers in CDB District) currently reads as follows: "No person may park any empty boat trailer on any street or alley or in any public parking lot located with the CBD district (Central Business District — Zoning District) of the City." b. The Downtown Parking Commission suggests editing this section to read as follows: "Section 51-2, (Parking Regulations), Subd 4 (Empty Beat Trailers in CDB District) No person may park any empty' boat trailer or other trailer on any street or alley or in any public parking lot located with the CBD district (Central Business District — Zoning District) of the City, unless given prior authorization from the chief of police." c. The Council expressed a desire to allow trailer parking on a limited basis downtown. This would give the boater or camper that is passing through town with a trailer the opportunity to stop for a meal or quick shopping, for example. So, staff suggests the following revised language for Section 51-2. i. Section 51-2, (Parking Regulations), Subd 4 (Empty Beet Trailers in CDB District) No person may park any empty boat trailer or other trailer on any street or alley or in any public parking lot located with the CBD district (Central Business District — Zoning District) of the City, except in areas specifically designated for trailer parking. ii. Staff recommends offering the following designated areas: 1. Four drive-through spaces (i.e. eight back to back parking stalls) in Lot 12 for trailer parking. The spaces could be signed to allow trailer parking, but not restrict parking in the spaces to trailers only. That way, if trailhead parking needs the spaces, and they are available, they could be used by vehicles without trailers as well. a. This is the lot that currently has the issues with a private contractor using the lot as a personal equipment storage yard. So, if trailer parking is allowed here, signage must make it clear that commercial vehicles are not allowed. 2. Until Bridgeview Park is developed, overflow trailer parking could be allowed south of the Bergstein Buildings. 3. Whatever trailer parking spaces are found acceptable to Council will need to be formally approved through the adoption of a Resolution. Otherwise, traffic violations will not be sustained by the courts. ACTION REQUESTED Staff requests the Council to continue with the first reading discussion. If the Council finds the revised language acceptable, the first reading could be approved. A second reading would occur during the February 3, 2015 City Council meeting. bt Attachment: Draft ordinance Parking Ordinance Amendment Page 3 ORDINANCE 1072 AN ORDINANCE AMENDING CITY CODE SECTION 51-2 RELATING TO PARKING REGULATIONS The City Council of the City of Stillwater does ordain: 1) Section 51-2, Subdivision 2 of the City Code entitled "Commercial Motor Vehicles" is amended to hereafter read as follows: Subd. 2. Commercial motor vehicles. No motor vehicle over one -ton capacity bearing a commercial license and no commercially licensed trailer may be parked in any public parking lot or on any street or roadway in any area in the city, except when such vehicle is engaged in loading, unloading or rendering a service in the area involved, or when prior authorization for the parking has been obtained from the chief of police. 2) Section 51-2, Subdivision 4 of the City Code entitled "Empty Boat Trailers in CBD District" is amended to hereafter read as follows: Subd. 4. Trailers in CDB District. No person may park any boat trailer or other trailer on any street or alley or in any public parking lot located with the CBD district (Central Business District — Zoning District) of the City, except in areas specifically designated for trailer parking. Enacted by the City Council of the City of Stillwater this day of , 2015. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk SII 1 iwater ; .R 1 H F A (; c 0, M I N N E S (7 T A COUNCILMEMBER - WARD 2 - VOTE #1 C-7) �;f/ / / JERRY CLARK (/6") c-3 DAVE J U N K E R ) 1 2 2,.. SEAN HADE ,7) 1( q ERIC HANSEN 2- 3 3 TOM CORBETT LN\ )'7 Printed Name Tuesday, January 20, 2015 Sfillwater 'r B:'!+H P..AI E OF MINNESOI A COUNCILMEMBER - WARD 2 - VOTE #1 JERRY CLARK "c DAVE JUNKER SEAN HADE ERIC HANSEN TOM CORBETT l (� IS " a et, 6" 'I 3 5 /3 Printed Name Signature Tuesday, January 20, 2015 COUNCILMEMBER - WARD 2 - VOTE #1 JERRY CLARK DAVEJUNKER SEAN HADE L( ERIC HANSEN D— TOM CORBETT H I GA A-Ec- Printed Name vocv\-t=a,_LO Signature Tuesday, January 20, 2015 COUNCILMEMBER - WARD 2 - VOTE #1 Lt. JERRY CLARK �i DAVEJUNKER 3 SEAN HADE ERIC HANSEN TOM CORBETT k_gtou,s151-: Printed Name Tuesday, January 20, 2015 Sillwater 8 R' H P i. A C F: D F h N N E D A COUNCILMEMBER - WARD 2 - VOTE #1 JERRY CLARK t 5 DAVE JUNKER SEAN HADE ERIC HANSEN 3 TOM CORBETT Printed Name __ C Tuesday, January 20, 2015 COUNCILMEMBER - WARD 2 - VOTE #1 JERRY CLARK 3 DAVE JUNKER SEAN HADE ERIC HANSEN TOM CORBETT Printed Na Signature Tuesday, January 20, 2015 Extract of Minutes of a Meeting of the City Council of the City of Stillwater, Minnesota Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Stillwater, Minnesota, was duly held at the City Hall in said City on Tuesday, the 20th day of January, 2015 at o'clock P.M. The following Council members were present: and the following were absent: During said meeting introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SALE OF VARIABLE RATE DEMAND TAX INCREMENT REVENUE REFUNDING BONDS (TERRITORIAL SPRINGS, LLC PROJECT) SERIES 2015 AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Council member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 6862173v2 RESOLUTION AUTHORIZING SALE OF VARIABLE RATE DEMAND TAX INCREMENT REVENUE REFUNDING BONDS (TERRITORIAL SPRINGS, LLC PROJECT) SERIES 2015 AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City of Stillwater, Minnesota (the "City") established a municipal development district designated as Development District No. 1 (the "Development District") pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended. The City approved the establishment of Tax Increment Financing District No. 10 (the "TIF District") pursuant to authority granted by Minnesota Statutes, Sections 469.174 through 469.1799, as amended (the "Tax Increment Act"), within the Development District, and adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. In order to provide for the redevelopment of the Development District and the TIF District and, specifically, to provide for the redevelopment of the Minnesota Territorial State Prison Site, referred to generally as Territorial Springs, LLC Project (the "Project"), the City entered into a Contract for Private Redevelopment, dated August 19, 2003, as amended and restated (the "Contract"), between the City and Territorial Springs, LLC (collectively, the "Developer"). The Project consists of the construction of five (5) separate buildings of for -sale housing. The City previously issued its Series 2003 Note and its Series 2004 Note, both defined hereinafter, for the purpose of paying site improvement costs of the Project, which Series 2003 Note and Series 2004 Note are payable from Available Tax Increment (as described in the Indenture) derived from the Project. Phase I of the Project consists of three buildings as follows: Building 1 consists of thirteen (13) for -sale housing units and three commercial units including 4,000 square feet of retail space. Building 2 includes forty (40) for -sale housing units. Building 4 includes thirty-six (36) for -sale housing units. Phase II of the Project consists of two buildings as follows: Building 3 consists of forty-six (46) for -sale housing units. Building 5 consists of thirty-six (36) for -sale housing units; and B. WHEREAS, pursuant to Section 469.178 of the Tax Increment Act, the City is authorized to issue and sell its bonds or notes for the purpose of financing capital and administration costs in development districts and to pledge tax increment revenues derived from a tax increment financing district established within the development district to the payment of the principal of and interest on such obligations; and C. WHEREAS, on October 28, 2003, the City Council of the City adopted Resolution No. 2003-230 (the "2003 Note Resolution"), which provided for the issuance and sale of a tax increment revenue note. Pursuant to the terms of the 2003 Note Resolution, the City issued its Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 (the "Series 2003 Note"), in the principal amount of $3,255,000, dated as of December 10, 2003, 2 6862173v2 payable solely from a portion of the proceeds of the Series 2003 Note and from tax increment revenues generated from Phase I of the Project, to finance Phase I of the Project; and D. WHEREAS, on September 15, 2004, the City Council of the City adopted Resolution No. 2004-188 (the "2004 Note Resolution"), which provided for the issuance and sale of a tax increment revenue note. Pursuant to the terms of the 2004 Note Resolution, the City issued its Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 (the "Series 2004 Note"), in the principal amount of $2,923,000, dated as of September 15, 2004, payable solely from a portion of the proceeds of the Series 2004 Note and from tax increment revenues generated from Phase H of the Project, to finance Phase II of the Project. The Series 2003 Note and the Series 2004 Note are hereinafter referred to collectively as the "Notes"; and E. WHEREAS, pursuant to the terms of the Contract, the City agreed to refund the Series 2003 Note and the Series 2004 Note with tax-exempt tax increment revenue bonds when the conditions set forth in the Contract for the issuance of such revenue bonds have been satisfied. Such conditions have been satisfied for the issuance of the tax-exempt tax increment revenue bonds; and F. WHEREAS, it is proposed that the City and U.S. Bank National Association ("Trustee") enter into an Indenture of Trust dated as of February 1, 2015 (the "Indenture") pursuant to which the City has agreed to issue its Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 in the aggregate principal amount not to exceed $[5,305,000] (the "Bonds") to redeem and prepay the outstanding principal amount of Notes issued to finance the Project; and G. WHEREAS, the City and the Trustee will agree in the Indenture that the Bonds will be payable solely from certain Available Tax Increment (as defined in the Indenture) derived from the Project; and H. WHEREAS, it is also proposed that the Bonds be further secured by a Letter of Credit (the "Letter of Credit") to be provided by Bridgewater Bank, a Minnesota banking corporation (the "Bank"), which shall be issued pursuant to a Reimbursement Agreement (the "Reimbursement Agreement") between the City and the Bank; and I. WHEREAS, the Letter of Credit shall be secured by an Irrevocable Confirming Letter of Credit (the "Confirming Letter of Credit") issued by Federal Home Loan Bank of Des Moines (the "Confirming Bank"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 3 6862173v2 SECTION 1 ISSUANCE OF THE BONDS. 1.1 In order to refund the outstanding principal amount of the Notes, the City Council hereby authorizes the issuance of tax increment revenue bonds to be designated as the "Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015 in a principal amount not to exceed $[5,305,000]. The Bonds shall be issued on such date and upon the terms and conditions determined by the Administrator of the City. The Bonds are authorized to be issued as obligations the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. This authorization to issue the Bonds is effective without any additional action of the City Council and shall be undertaken by the Administrator on such date and upon the terms and conditions deemed reasonable by the Administrator. The City Council hereby authorizes the sale of the Bonds to Dougherty & Company LLC (the "Underwriter") upon the offer of the Underwriter to purchase the Bonds in accordance with the terms of a Bond Purchase Agreement between the City and the Underwriter (the "Bond Purchase Agreement"). 1.2 There have been presented to the City Council founs of the following documents: (i) an Indenture of Trust (the "Indenture"), between the City and U.S. Bank National Association, as trustee (the "Trustee"); (ii) the Bond Purchase Agreement; (iii) the Letter of Credit; and (iv) the Reimbursement Agreement. The Indenture, the Bond Purchase Agreement, the Letter of Credit, and the Reimbursement Agreement (the "City Documents") are hereby approved in substantially the forms on file with the City on the date hereof, subject to such changes not inconsistent with this resolution and applicable law that are approved by the Administrator of the City. 1.3 The Bonds shall have the maturities, interest rate provisions, shall be dated, numbered, and issued in such denominations, shall be subject to mandatory, optional and special redemptions and prepayment prior to maturity, shall be executed, sealed, and authenticated in such manner, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture. The form of the Bonds included in the Indenture is approved in substantially the form in the Indenture, subject to such changes not inconsistent with this resolution and applicable law, and subject to such changes that are approved by the Administrator. Without limiting the generality of the foregoing, the Administrator is authorized to approve the original aggregate principal amount of the Bonds to be issued under the terms of this resolution (subject to the maximum aggregate principal amount for all series authorized by this resolution), to establish the terms of redemption, the principal amounts subject to redemption, and the dates of redemption of the Bonds, and to approve other changes to the other terms of the Bonds which are deemed by the Administrator to be in the best interests of the City. The issuance and delivery of the Bonds shall be conclusive evidence that the Administrator has approved the terms and provisions of the Bonds in accordance with the authority granted by this resolution. The proceeds derived from the sale of the Bonds, and the earnings derived from the investment of such proceeds, shall be held, transferred, expended, and invested in accordance with determinations of the Administrator. 1.4 The Bonds shall be secured by the terms of the Indenture and shall be payable solely from Available Tax Increment (as defined in the Indenture) that are expressly pledged to 4 6862173v2 the payment of the Bonds pursuant to the terms of the Indenture and shall be further secured by the Letter of Credit. 1.5 It is hereby found, determined and declared that the issuance and sale of the Bonds, the execution and delivery by the City of the City Documents, and the performance of all covenants and agreements of the City contained in the City Documents, and of all other acts required under the Constitution and laws of the State of Minnesota to make the Bonds the valid and binding special obligations of the City enforceable in accordance with their respective terms, are authorized by applicable Minnesota law, including, without limitation, the Tax Increment Act and this Resolution. 1.6 Under the provisions of the Tax Increment Act, and as provided in the Indenture and under the terms of the Bonds, the Bonds are not to be payable from or chargeable against any funds other than the revenues pledged to the payment thereof; the City shall not be subject to any liability thereon other than from such revenues pledged thereto; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers (other than as contemplated by the pledge of tax increment revenues under the terms of the Indenture) to pay the principal of, premium, if any, and interest on Bonds, or to enforce payment thereof against any property of the City other than the property expressly pledged thereto; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City other than the revenues expressly pledged thereto; the Bonds shall recite that the Bonds are issued without a pledge of the general or moral obligation of the City, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation of indebtedness. SECTION 2 DISCLOSURE DOCUMENTS AND CLOSING CERTIFICATES. 2.1 The preparation of an Official Statement in conjunction with the offer and sale of the Bonds is hereby authorized. When approved by the Administrator of the City, the Official Statement is authorized to be distributed in conjunction with the offer and sale of the Bonds. In order to provide for continuing disclosure with respect to the Bonds, the City Clerk may execute and deliver an agreement or certificate providing for continuing disclosure with respect to the Bonds. 2.2 Unless litigation shall have been commenced and be pending questioning the Bonds, the proceedings for approval of the Bonds, tax increment revenues generated or collected for payment of the Bonds, revenues pledged for payment of the Bonds, or the organization of the City, or incumbency of its officers, the City Clerk shall also execute and deliver a suitable certificate as to absence of material litigation, and the Administrator shall also execute and deliver a certificate as to payment for and delivery of the Bonds, and the signed approving legal opinion of Briggs and Morgan, Professional Association, as to the validity and enforceability of the Bonds and the tax-exempt status of interest on the Bonds. 2.3 The City Clerk, the Administrator, and other members of the City Council, agents, officers, and employees of the City are hereby authorized and directed, individually and collectively, to furnish to the attorneys approving the Bonds, on behalf of the purchasers of the 5 6862173v2 Bonds, certified copies of all proceedings and certifications as to facts as shown by the books and records of the City, and the right and authority of the City to issue the Bonds, and all such certified copies and certifications shall be deemed representations of fact on the part of the City. Such members of the City Council, officers, employees, and agents of the City are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Underwriter, the Trustee, or other persons or entities in conjunction with the issuance of the Bonds and the expenditure of the proceeds of the Bonds. Without imposing any limitations on the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver one or more UCC -1 financing statements, a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Bonds, an order to the Trustee, a general certificate of the City, and an Information Return for Tax -Exempt Governmental Obligations, Form 8038-G. SECTION 3 REDEMPTION OF NOTES. 3.1 The City elects to apply the net proceeds of the Bonds to the optional prepayment of the Notes in accordance with their terms. [Following the sale and issuance of the Bonds,] the City Clerk, as Registrar of the Notes, is directed to cause notice of redemption of the Notes to be given to the holders of the Notes in accordance with the terms of the Notes and to take all other actions necessary to cause the redemption and prepayment of the Notes to occur as soon as possible after the date of issuance of the Bonds. SECTION 4 MISCELLANEOUS. 4.1 All agreements, covenants, and obligations of the City contained in this resolution and in the above -referenced documents shall be deemed to be the agreements, covenants, and obligations of the City to the full extent authorized or permitted by law, and all such agreements, covenants, and obligations shall be binding on the City and enforceable in accordance with their terms. No agreement, covenant, or obligation contained in this resolution or in the above - referenced documents shall be deemed to be an agreement, covenant, or obligation of any member of the City Council, or of any officer, employee, or agent of the City in that person's individual capacity. Neither the members of the City Council, nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds. 4.2 Nothing in this resolution or in the above -referenced documents is intended or shall be construed to confer upon any person (other than as provided in the Indenture, the Bonds, and the other agreements, instruments, and documents hereby approved) any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision of this resolution. 4.3 If for any reason the City Clerk, Administrator, or any other members of the City Council, officers, employees, or agents of the City authorized to execute certificates, instruments, or other written documents on behalf of the City shall for any reason cease to be an officer, employee, or agent of the City after the execution by such person of any certificate, instrument, or other written document, such fact shall not affect the validity or enforceability of 6 6862173v2 such certificate, instrument, or other written document. If for any reason the City Clerk, Administrator, or any other members of the City Council, officers, employees, or agents of the City authorized to execute certificates, instruments, or other written documents on behalf of the City shall be unavailable to execute such certificates, instruments, or other written documents for any reason, such certificates, instruments, or other written documents may be executed by a deputy or assistant to such officer, or by such other officer of the City as in the opinion of the City Attorney is authorized to sign such document. 4.4 The City shall not take any action or authorize any action to be taken in connection with the application or investment of the proceeds of the Bonds or any related activity which would cause the Bonds to be deemed to be "private activity bonds," within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"). The City shall not take any action or authorize any action to be taken in connection with the application or investment of the proceeds of the Bonds or any related activity which would cause the Bonds to be deemed to be "arbitrage bonds," within the meaning of Section 148 of the Code. Furthermore, the City shall take all such actions as may be required under the Code to ensure that interest on the Bonds is not and does not become includable in gross income for federal income tax purposes. 4.5 The authority to approve, execute, and deliver future amendments to the documents executed and delivered by the City in connection with the transactions contemplated hereby is hereby delegated to the City Clerk, subject to the following conditions: (a) such amendments do not require the consent of the holders of the Bonds or, if required, such consent has been obtained; (b) such amendments do not materially adversely affect the interests of the City as the issuer of the Bonds; (c) such amendments do not contravene or violate any policy of the City; (d) such amendments are acceptable in form and substance to the City Attorney, bond counsel or other counsel retained by the City to review such amendments; (e) the City has received, if necessary, an opinion of bond counsel to the effect that the amendments will not adversely affect the tax-exempt character or interest on the Bonds, if the Bonds are then tax- exempt obligations; and (f) such amendments do not materially prejudice the interests of the owners of the Bonds. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this resolution. The execution of any instrument by the City Clerk shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the City Clerk, any instrument authorized by this paragraph to be executed and delivered by the City Clerk may be executed by such other officer of the City as in the opinion of the City Attorney is authorized to execute and deliver such document. 7 6862173v2 Passed and adopted by the city council of the City of Stillwater, Minnesota, this 20th day of January, 2015. Mayor ATTEST: City Clerk 8 6862173v2 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's Variable Rate Demand Tax Increment Revenue Refunding Bonds (Territorial Springs, LLC Project) Series 2015. WITNESS my hand on January , 2015. 9 6862173v2 City Clerk if (water THE BIRTHPLACE OF MINNESOTA CITY COUNCIL MEETING DATE: January 20, 2014 REGARDING: Friends of the Boom Site Invite PREPARED BY: Abbi Jo Wittman, City Planner The DNR has contracted with Friends of the St. Croix Boom Site (Friends), a subsidiary of the Friends of Washington County, to conduct public outreach activities for the future of the Boom Site as part of a larger, DNR -sponsored effort entitled, "The St. Croix Boomsite: Enhancing a National Historic Landmark." As a part of these efforts the Friends would like to host a meeting with members of the City Council, as well as the City's Heritage Preservation Commission and Parks and Recreation Commission, to garner input from Stillwater's elected and appointed officials. The Friends invite you to attend this meeting on Tuesday, February 24th from 7:00 to 9:00 p.m. Page 1 of 1 STILLWATER TOWN BOARD MEETING January 8, 2015 Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Fred Brandt, Linda Countryman, Sheila -Marie Untiedt and Lee Busse, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Sherri Buss and Treasurer Marsha Olson. The Oath of Office was administered to David Johnson and Lee Busse. 1. AGENDA - M/S/P Brandt/Busse moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Countryman moved to approve the December 11, 2014 Stillwater Town Board Meeting minutes as written. (5 ayes) M/S/P Untiedt/Brandt moved to approve the January 6, 2015 Budget Meeting minutes as written. (5 ayes) 3. ATTORNEY - a. Newsletter Editor Employment Agreement - Attorney Soren Mattick will amend the Agreement to include wording regarding work as recycling coordinator. 4. ENGINEER - a. TH 95 and 96 Vehicle Noise Signs - Engineer Paul Pearson reviewed where the proposed signs would be placed. MnDOT would fabricate and install the signs, but they require that the Township pay for the signs at a cost of $3,024 for the four signs. The cost seems high and the consensus of the Board was to do without the MnDOT signs. b. Trees on Arcola Trail - Haines Tree Service had contracted to remove some trees in the right of way along Arcola Trail. Additional work was found to be needed. Bonnie Haines was present to discuss the anticipated additional work which would require $2,000 for cutting down and removal of two additional trees. David Johnson will discuss this with the property owners to see if aggressive trimming would work for now. M/S/P Untiedt/Brandt moved to authorize Haines Tree Service to perform an additional $600 worth of work for tree trimming on Arcola Trail. (5 ayes) c. Affeldt Punchlist and Escrow Status - The Affeldt escrow balance has been returned. If there are any outstanding issues, we reserve the right to address them. 5. TREASURER - a. Report given. b. Checks and Claims - Checks and Claims #42639 through #42657 were approved for payment. Stillwater Town Board Mtg. — 1/8/15 Page 2 6 PLANNER - a. Raleigh Mining AOP - In December an IUP was approved for the Raleigh mining operation. Now he needs an Annual Operating Permit. Official consideration will be at the February meeting. There are two major issues remaining - Saturday operations and haul routes. With respect to Saturday operations, both Washington County and Township ordinances say that use should be Monday through Friday only unless the Township gives permission for Saturday. Raleigh would like to work on Saturdays between 8:00 am and 2:00 pm only and haul only on routes other than Stonebridge. They would provide records to the Township on their Saturday operations. With respect to haul routes, there has never been a limit on the number of trips allowed. They have reported on an estimate of the average number of trips and a maximum number. If there is a limit, it would be in the AOP. They are now estimating an average of 108 two-way trips per working day with a maximum of 334 two-way trips on any one day. 100th Street is proposed in our Comprehensive Plan as a possible future connector. The County requires a 9 ton road for a haul route which we would need to verify for 100th Street. If 100th Street were to be used, the County would require that the Township give explicit permission since this is a Township road. A possible private road through the pit and then down Pawnee would be an additional option. The consensus was that 100th Street should be an emergency option only unless a situation arises that would make it a viable option. Routes to identify as potential haul routes in the letter that will be sent as the meeting notice for the February review of the AOP to residents are: Stonebridge, Otchipwe, 95/96, 100th Street and Pawnee. The Board discussed options to require a distribution of loads on a daily basis. Fred Brandt will request hauling data from Mike Raleigh for 2013, so that the Board can have an understanding of the typical numbers of trips prior to 2014 for the discussion in February. Sherri Buss will contact Dennis O'Donnell regarding whether there is a limit on trips on roads used by gravel mining operations in Denmark Township. b. MPCA Letter Regarding MS4 - Planner Sherri Buss reviewed her correspondence with MPCA regarding MS4. They requested additional information about the "urban" areas within the Township (area south of TH 96), and the Township's ownership of any stormwater conveyance systems in that area. Sherri Buss provided a map that shows the very small area south of TH 96 that will remain in the Township after the area is annexed to the City of Stillwater. 7. PARK COMMITTEE APPOINTMENT - Vanessa Barvels was present to discuss her interest in serving on the Park Committee. M/S/P Untiedt/Countryman moved to appoint Vanessa Barvels to the Park Committee. (5 ayes) 8. ARCOLA HEIGHTS NEIGHBORS REGARDING RALEIGH TRUCKING - Several neighbors from Arcola Heights were present to discuss their concerns about the possible use of 100th Street as a haul route for Raleigh Trucking. There were the following comments: Stillwater Town Board Mtg. —1/8/15 Page 3 Mike Frain - Their community found out that people on Stonebridge were unhappy about issues with Raleigh traffic and they found out that now their neighborhood is being considered as a route. This is a steep, windy hill. ®Tim Schaufhouser - He is concerned about safety issues. He is also concerned that this road is not constructed properly for this type of traffic. He would not like to see Saturday operations. ®Robert Saxler - He is worried about the capability of 100th Street. There is only one entrance into the neighborhood. This would be a drastic change. oJan Hayne - Do we have the documentation to prove the road was upgraded to a 9 ton capacity? David Johnson - We do not yet have a concise opinion from our engineer. Hayne - Were Saturday operations approved in the previous CUP. There is no off street parking for the Arcola Heights Park. The problem is not the haul routes but the number of trips. ®Barry Dayton - He would like to see a limit or cap on the number of trips and keep to the current routes. 100th Street is unsuitable as a truck route. He would like to see the Stonebridge people get some remedy ®Gary Bressler - Stonebridge is a level road compared to 100th Street. •Matt Mondor - He agrees with his neighbors. There were not a lot of complaints until lately. He would like to see additional routes opened up and the number of trips lowered. 9. ANNEXATION - David Johnson reported that once the date for annexation is set, issues such as snow removal, garbage collection, etc. will be dealt with. The City had passed a motion that within 30 days (after their paperwork and notification is in order) the area would be annexed. This should be linked on our web page. 10. PARK MANAGER - M/S/P Untiedt/Countryman moved to offer Jackie Garafolo the position of Park Manager. (5 ayes) 11. ORGANIZATION - David Johnson will continue as Chair for the first quarter of 2015 and then the Chair will be reconsidered. Committee assignments are: Park Committee - Linda Countryman, Planning Commission - Lee Busse, Communications Committee - Fred Brandt, Joint Board - David Johnson and Sheila -Marie Untiedt. 12. ADJOURNMENT - The meeting was adjourned at 10:55 p.m. Clerk Chairperson Approved Washington County BOARD AGENDA JANUARY 20, 2014 — 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair, District 3 Karla Bigham, District 4 Lisa Weik, District 5 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board mustffll out a comment card before the meetingbegins 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 cityofresidence, and presentyour comments. Your comments must be addressedexclusivelyto the BoardChair 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'spresentationif it becomes redundant, repetitive, overly argumentative, or if it is not relevantto an issue that is part of Washington County sResponsibilities 3. 9:10 Consent Calendar— Roll Call Vote 4. 9:10 Public Hearing— Administration— Kevin Corbid, Deputy County Administrator Revised Policy #1032, 2015 Fee Schedule 5. 9:25 Community Services— Kathy Mickelson, Community Services Division Manager Contract with Canvas Health, Inc. for 2015 6. 9:30 Public Works — Cory Slagle, Engineering and ConstructionManager Resolution—Environmental Impact Statement for the County State Aid Highway 17 Reconstruction Project 7. 9:35 General Administration— Molly O'Rourke, County Administrator Legislative Update 8. 9:45 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. Thiszction is not intended to result in substantive board action during thigme. Any action necessary because of discussion will be scheduled for a futne board meeting. 9. Board Correspondence 10. 10:00 Adjourn 11. 10:05-10:35 Workshop with Public Health & Environment— Girard Goder, Environmental Program Supenisor Discuss Proposed Revisions of the County's Subsurface Sewage Treatment Ordinane 12. 10:40-11:25 Workshop with Public Works— Don Theisen, Public Works Director Review Final Design for the Public Works North Shop Improvement Project 13. 11:30-11:50 Workshop with Public Works— Don Theisen, Public Works Director Review the Counties Transit Improvement Board Draft 2015 Legislative Platform 12:00 Personnel Committee Meeting Assistive listening devices are available for use in the County Board Room If tin„ naarl accicranna Huta tnrlicahafh, nr language+ hamar nraacnall IFF -11 GMB= EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 20, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of January 6, 2015 County Board Meeting minutes. B. Approval to appoint James Wojcik, to the Community Corrections Advisory Board to a first term expiring December 31, 2016. C. Approval to appoint Richard Glasgow, Lakeland, to the Veteran's Rest Camp Association, Inc., for a term expiring December 31, 2016. D. Approval to reappoint Pamela Skinner, Oakdale, to the Ramsey -Washington Metro Watershed District to a three year term expiring February 23, 2018. E. Approval to appoint John Banick, Oakdale, to the Community Corrections Advisory Board to fill the remainder of a Comm issionerDistrict2 position expiring December 31, 2015. F. Approval to appoint Tony Jurgens, Cottage Grove, as a District4 Representative to the Library Board to a first term expiring December 31, 2017. G. Approval to appoint James Widen, Woodbury, to the Horsing and Redevelopment Authority Board of Commissioners, as a District 5 Representative, to a first term expiring December 31, 2017. H. Approval of legislative agenda priority item related to the Department of Natural Resources settlement of lawsuit related to water levels in Whitd3ear Lake. Human Resources I. Approval to authorize the Human Resources Director to electronically submit the 2015 Pay Equity Report to the Minnesota Department of Management and Budget and check electronic signature box stating the submission is authorized by the County Board Chair. Public Health & J. Approval of an agreement with the University of Minnesta Extension Environment Service for 4-H programs and staffing. Public Works K. Approval of resolution authorizing final payment in the amount of $33,075.72 to Minnowa Construction, Inc. for the County State Aid Highway 21 bridge replacement project. Sheriff L. Approval for permanent use of fund balance in Sheriff's Office funds 117, 118, 119,126, and 127 for 2014 year end. 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 l,N, nAo.t ascictanra el/ A In ,.r tanpor.ga hnrziar &ancaaa (Ran eancnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County BOARD AGENDA JANUARY 13, 2015 — 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair, District 3 Karla Bigham, District 4 Lisa Weik, District 5 9:00 Roll Call Pledge of Allegiance 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityorfunction 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 CountyAdministrator. The CountyBoard Chair will askyou 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 presentationto no more thanfive minutes. The Board Chair reserves the right to limit an individual's presentation ifit becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington County's Responsibilities. 9:10 Consent Calendar — Roll Call Vote 9:10 Library — Pat Conley, Director Resolution - Accept Donation from RAFT Foundation 9:15 Public Works — Cory Slagle, Transportation Manager A. Approve Contract with WSB and Associates, Inc. for County State Aid Highway 15 Turn Lane Project B. Approve Contract with Short Elliot Hendrickson, Inc. for County State Aid Highway 4 Corridor Management and Safety Improvement Project C. Ratify Supplemental Agreement No. 1 for County State Aid Highway 10 Paving Project with Valley Paving, Inc. D. Resolution — Acquire a Portion of the Cysiewski Property for a Trail Connection and Inclusion in the Point Douglas Regional Trail — John Elholm, Parks Director 9:35 General Administration — Molly O'Rourke, County Administrator Legislative Update 9:45 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 intendel to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence 10:00 Adjourn Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 13, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of December 23, 2014 County Board Meeting minutes. B. Approval to appoint Donald Place, Woodbury, to the Community Development Block Grant Citizen's Advisory Committee serving District 5. Community Services C. Approval of the 2015-2016 contract with Rule 36 Limited Partnership of Duluth III to fund services for Intensive Residential Treatment Services and Residential Crisis Stabilization Services for underinsured or uninsured at the Willow Haven facility in Lake Elmo. D. Approval of the 2015-2016 contract with Country Services, Inc. to provide case management services for persons with disabilities. Public Health & E. Approval of an agreement with the Minnesota Department of Health to Environment receive Federal Title V Maternal and Child Block Grant funding for the provision of public health services to mothers and children in our community. Public Works F. Approval of resolution to enter into lease agreements for office space at the Washington County Historic Courthouse with the Youth Service Bureau and Valley Tours, Inc. Sheriff G. Approval of a cooperative landscaping maintenance agreement with the City of Stillwater. H. Approval to enter into a User Agreement with the St. Paul Park Refinery Company for use of the Washington County Public Safety Radio Communications System. ConsentCalendar 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 ere available for use in the County Board Room If 1/1111 nnaA aseietanrn dun In dicah;liiv nr hnnnana hamar n/wacw rail (0511 AIM anon EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER