HomeMy WebLinkAbout2015-10-20 CC Packet
REVISED AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
October 20, 2015
EXECUTIVE SESSION for performance review for the City Administrator (Closed) 6:00 P.M.
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
1. Possible approval of minutes of October 6, 2015 regular and recessed meeting minutes
V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
2. Certificate of Appreciation – Donation toward the Lowell Park tree planting project
3. Request for ESR, Inc. Financing and possible calling for hearing (Resolution 2015-189 – Roll Call)
VI. 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.
VII. STAFF REPORTS
4. Police Chief
5. Fire Chief
6. City Clerk
7. Community Development Dir. – Draft Downtown Plan Chapter
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
VIII. 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 2015-184, directing payment of bills
13. Resolution 2015-185, approval of health, dental rates and flex benefit amount for 2016
14. Resolution 2015-186, resolution approving State of Minnesota Joint Powers Agreements with the
City of Stillwater on behalf of its city attorney and police department
15. Possible approval of sanitary sewer adjustments
16. Possible approval of shot gun replacement – Police Department
17. Resolution 2015-187, approving actuarial agreement for consulting services with Hildi, Inc.
18. Resolution 2015-188, appointment to Library Board
19. Resolution 2015-190, approving New Off-sale Liquor and Tobacco License to SuperValu Inc.,
DBA: Cub Wine and Spirits
IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
None.
X. UNFINISHED BUSINESS
None.
XI. NEW BUSINESS
20. Possible approval of licensing of Lumber Jack Days name (Resolution – Roll Call)
21. Possible approval of resolution extending Special Use Permit for Water Street Inn (Resolution – Roll
Call) (Available Tuesday)
22. Possible approval of resolution ordering preparation of feasibility report for 2016 Street
Improvements
23. Possible approval of resolution ordering preparation of feasibility report for 2016 Sidewalk
Improvements
XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XIII. COMMUNICATIONS/REQUESTS
XIV. COUNCIL REQUEST ITEMS
24. Beyond the Yellow Ribbon update
XV. STAFF REPORTS (CONTINUED)
XVI. ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSS LITIGATION STRATEGY PURSUANT
TO THE ATTORNEY CLIENT PRIVILEGE
RESOLUTION 2015-184
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 $219,159.87 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 October, 2015 .
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
EXHIBIT "A" TO RESOLUTION #2015-184 Page 1
LIST OF BILLS
1st Presbyterian Church Park deposit refund 100.00
Able Hose & Rubber Inc. Fire hose and supplies 786.32
Ace Hardware Supplies 875 .87
Advanced Graphix Inc. Decals 349 .50
Advanced Sportswear Embroidery 20 .00
AirFresh Industries Inc Fire Dept open house restroom rental 415.00
Aspen Mills Uniforms 514.72
BCA Training course 250.00
Bolton and Menk Inc. Myrtle St lift station 1,305 .00
Brock White Co. LLC Supplies 3,672 .68
Bureau of Cr i m. Apprehension Terminal access charge 270.00
BWBR Professional services 1,110.50
Calibre Press Seminar 645.00
Carquest Auto Parts Auto parts & supplies 129 .09
CDW Government Inc . Equipment 50.31
Century Link Telephone 163.12
Com cast TV, Internet & Voice 275.41
Community Thread Contribution 3,818 .75
Cornerstone Land Surveying Land surveying 1,000.00
CoStar Realty Information Inc Property professional 345 .08
Creative Homes Inc Grading Escrow Refund 1,500 .00
Cub Foods Pancake breakfast 110.62
Cummins NPower LLC Lift station repairs 509 .50
Curb Masters Inc. High volume catch basin 850 .00
Custom Fire Apparatus Vehicle repair changes 954.58
Diamond Vogel Paints Field paint 312.80
Downtown Promotion Reporter Downtown promotion reporter 183 .50
ECM Publishers Publications 113.75
Ecolab Pest Ant program 412.97
Emergency Automotive 2015 Ford Utility 19,410.78
Emergency Response Solutions Equipment repair charges 127.07
Enterprise FM Trust Lease vehicles 4,197.29
Fastenal Company Supplies 508 .85
Fire Safety U.S.A . Uniforms & supplies 676 .50
G & K Services Mats & uniforms 1,149.11
Galls LLC Uniforms-polos 549 .87
Gopher State One Call Inc . Tickets 497.95
Government Finance Officers Asso Membership 190 .00
Guardian Supply Uniform supplies 12 .00
Hansen Steve Reimburse for paid actors 240 .00
Haussner Plumbing LLC Replace water fountains 1,428.60
HD Supply Waterworks Ltd. Storm sewer repair supplie s 232 .04
Heritage Pr i nting Inc. White window envelope logo 176 .00
ITL Patch Co Inc Uniform supplies 452 .00
Jefferson Fire and Safety Inc. Shield 95 .50
Jimmys Johnnys Inc. Portable restroom rental 715.00
Kotval Charle s & Sandra Refund of ramp change 5 .00
EXHIBIT "A" TO RESOLUTION #2015-184 Page 2
Larson Brian Reimburse mileage-Preservation Conference 66.13
League of MN Cities Workers Comp Claim 4,414.87
Lennar of Minnesota Grading Escow Refunds 4,500.00
Loffler Compan ies Viking adapter 113.40
M.J . Raleigh Truck Co . Dirt & C-5 865.69
Madden Galanter Hansen LLP Labor relations services 389 .20
Mansfield Oil Company Fuel 7,895.39
Marshall Electric Company Troubleshhot damaged conduits 2,908.00
McCarty John Thomas Reimburse expenses-Conference WA 362 .10
Menards Supplies 198 .02
Metropolitan Mechanical Contractors Boiler leak 1,092 .58
MN Dept of Labor and Industry Elevator renewal 100.00
Municipal Emergency Services Structural gloves 1,091.97
Municode Code of ordinances pages 257.40
NAPA Auto Parts Auto parts & supplies 21.11
Office Depot Office supplies 295.73
Olson Andrea Reimburse for expenses-investigation WA 429 .75
O'Reilly Auto Parts Batteries 1,209.33
Overhead Door Company Equipment repair charges 947 .00
Peterson Austin Reimburse for hotel for training 187.64
Pioneer Press Subscriptions -Fire 252.72
Pro Hydro-Testing Hydro-testing DOT storage cylinders 150 .00
Regency Office Products LLC Batteries 26 .60
Riedell Shoes Inc. Concession supplies 856.40
Spok Pagers 47.20
St . Croi x Ballet Park deposit refund 100.00
St. Michael's Church Park deposit refund 100.00
Stillwater Motor Company Vehicle service 58.48
Stillwater Rotary Club Membership 373 .00
Stillwater Tow i ng Towing service 250 .00
SW/WC Service Cooperatives Retiree Health Insurance & COBRA 54,543 .83
T.A. Schifsky and Sons Asphalt 3,862.86
Themed Concepts Painting at Teddy Bear Park 4,650 .00
Thomas Ki m Yoga classes 80 .00
Toll Gas and Welding Supply Cylinders 40 .68
Trans Union LLC Information Charge s 35 .00
Truck Utilities Inc. Pre ss ure switch 218 .06
Twin Cities Recreation Inc. In stall equipment at Legend s Park 5,205 .00
Ver izon W i rel ess Police Mobile Broadband 591.63
Ward Diane Reimburse for office supplies 55.70
Water Works Irrigation LLC Irrigation system at Pioneer Park 20 ,202 .00
WIN -911 Specter Instruments Software for sewer machine 395 .00
Xcel En ergy Info charges 5.00
Youth Service Bureau Contribution 2,500.00
Zayo Enterpr ise Networks Phone 497 .69
Ziegler Inc . Equipment repair supplies 328 .96
EXHIBIT "A" TO RESOLUTION #2015-184
LIBRARY
Ace Hardware
Antonsen Robert
Baker and Taylor
Blackstone Audio
Brodart Co
Culligan of Stillwater
G & K Services
Heritage Printing Inc.
Jacobsen Aurora
Midwest Tape
Star Tribune
Toshiba Business Solutions
Value Line Publishing Inc .
Washington County Library
Water Works Irrigation LLC
ADDENDUM
Chappell Central
Innovative Office Solutions
Leffler
Magnuson Law Firm
MN Dept of Commerce
Springsted
Thomson Reuters
Xcel Energy
Adopted by the City Council this
20th Day of Oct, 2015
Janitorial Supplies
Reimbursement -Wedding Overpayment
Materials
Materials
Materials
Water
Towles & Rugs
Printing
Staff Reimbursment-Parking & Mileage
Materia ls
Materials-Periodical
Maintenance Contract
Materials-Reference
Materials
Maintenance
Fire Hall
Office supplies
Fire Hall
Professional Service
Unclaimed property
2015 Continuing disclosure services
Info charges
Energy
15.98
400.00
75 .85
147.99
1,562.47
14.55
82.54
322.10
87.39
911.18
350.48
84.68
289 .00
946.11
150.00
7,392 .62
1,306 ~93
16,223.01
8,870.83
93.78
3,400.00
125.00
1,828.63
TOTAL 219,159.87
Page 3
Memorandum
To: Mayor and City Council
From: Diane Ward, City Clerk
Date: 10/19/2015
Subject: Library Board
Mr. Craig Hansen has applied and was interviewed to be a member on the Library
Board to fill the unexpired term of Tom Corbett. We published the opening in the Gazette,
and the deadline for receiving applications has passed. All appliants were interviewed and
at their regular meeting, the Library Board Trustees approved the recommendaton that Mr.
Hansen be appointed.
ACTION REQUIRED:
If Council wishes to appoint Mr. Hansen, Council should pass a motion adopting
Resolution 2015-188, appointing Mr. Hansen to the Library Board with his term expiring
December 31, 2016.
/nm
RESOLUTION 2015-188
APPOINTMENT TO LIBRARY BOARD
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater,
Minnesota, hereby appointed the following at their Ocotber 20, 2015 regular City Council
meeting:
Craig Hansen Term Expires – December 31, 2016
Adopted by Council this 20th day of October, 2015.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
Memorandum
To:
From:
Date:
Subject:
DISCUSSION:
Mayor and City Council
Diane Ward, City Clerk
10/20/2015
New Off-Sale Liquor and Tobacco License
An application for an Off-sale liquor and tobacco license has been received from
SuperValu Inc. SuperValu currently has a license for an off-sale for their liquor store
just inside of Cub Foods (Cub Foods Liquor). They are moving to an adjacent space to
the south of Cub Foods and changing the name to "Cub Wine and Spirits #1664" The
proposed license premises is at 1851 Market Drive. They are proposing to close the
original liquor store at the end of the business day on November lOth and open the new
store (1851 Market Drive) on Wednesday, November 11th.
RECOMMENDATION:
I recommend approval contingent upon the satisfactory investigation, inspections,
and approvals from the Police, Fire, Building, and Finance Departments, Washington
County Department of Health and Alcohol and Gambling Enforcement.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting a
resolution entitled "Approving New Off-sale Liquor and Tobacco License to SuperValu
Inc., DBA: Cub Wine and Spirits", contingent upon the satisfactory investigation,
inspections, and approvals from the Washington County Health Department, Police,
Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement
Division.
RESOLUTION 2015-190
APPROVING NEW OFF-SALE LIQUOR AND TOBACCO LICENSE TO
SUPERVALU INC., DBA: CUB WINE AND SPIRITS
WHEREAS, a request has been received from SuperValu, Inc . for an Off-sale Liquor and
Tobacco License at 1581 Market Drive; and
WHEREAS, approval is contingent upon fulfilling all requirements to hold an Off-sale
Liquor and Tobacco License, the satisfactory investigation, inspections, and approvals
from the Washington County Department of Health, Police, Fire, Building, Finance
Departments, and Minnesota Alcohol & Gambling Enforcement Division
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves an Off-sale Liquor and Tobacco License at 1581 Market Drive to a
SuperValu, Inc. DBA: Cub Wine and Spirits, at 1581 Market Drive, Stillwater, MN.
Adopted by Council this 2Qth day of October, 2015.
Ted Kozlowski, Mayor
Attest:
Diane F. Ward, City Clerk
City Council
DATE: October 19, 2015 CASE NO.: 2014-7
REQUEST: Extend Water Street Inn SUP for one year
LOCATION: 101 Water Street South
MEMO FROM: Bill Turnblad, Community Development Director
BACKGROUND
St Croix Preservation Co., Inc. is planning to build a 20 room addition onto the north side of
Water Street Inn. A Special Use Permit (SUP) was granted for the project on May 20, 2014. A
building permit can be issued for the project for two years from the approval date of the SUP,
which is May 20, 2016.
St. Croix Preservation Company has not begun constructed the addition, and it may not be in a
position to commence that work by May 20, 2016.
REQUEST
St. Croix Preservation Company is requesting that the City extend the validity period for the SUP
one year to May 20, 2017.
COMMENTS
Condition 11 of the SUP (see attached Resolution 2014-85) specifies that the addition is to be
completed by June 30, 2016. Normally completion dates are not included in a Special Use
Permit, but the Council was concerned that the construction project might not progress steadily
toward completion once commenced, so it added the date.
If the Council believes that a completion date is still needed, perhaps one year after the final
permit issuance date (May 20, 2017) may be appropriate, in other words a completion date of
May 20, 2018.
ALTERNATIVES
The City Council has the following options available:
Water Street Inn
Page 2 of 2
1. Approve the request. Adopt the attached resolution, which extends the validity period
by one year and eliminates Condition 11.
2. Approve the request in part. Adopt the attached resolution, but require that
construction be completed by May 20, 2018.
3. Deny the request.
4. Table the request for more information.
STAFF RECOMMENDATION
Staff recommends either the first option.
cc: Chuck Dougherty
Attachment: Resolution approving extension
Resolution 2014-85
A RESOLUTION EXTENDING APPROVAL OF RESOLUTION 2014-85
FOR AMENDED SPECIAL USE PERMIT FOR THE WATER STREET INN
LOCATED AT 101 WATER STREET SOUTH
CASE NO. SUP/2014-7
WHEREAS, St. Croix Preservation Co, Inc. made application for approval of
amendments to their Special Use Permit to allow the construction of a 20-room expansion of the
Water Street Inn at 101 Water Street South; and
WHEREAS, on May 20, 2014 the City Council adopted Resolution 2014-85 that
approved the Special Use Permit amendments; and
WHEREAS, City Code Chapter 31-204, Subdivision 6 (a)(1) states that the approval will
expire and become null and void 24 months after the date of approval, unless the permit is
initiated; and
WHEREAS, St. Croix Preservation Company has not constructed the addition, but
would still like the option to do that, though it may not be in a position to commence work in the
spring of 2016; and
WHEREAS, City Code Chapter 31-204, Subdivision 6 (b) allows for a one year
extension period, which St. Croix Preservation Company has requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves a one year extension to the Special Use Permit amendment granted
under Resolution 2014-85, with the following conditions:
1. The extension date is valid until May 20, 2017.
2. All conditions of Resolution 2014-85 remain in effect except Condition 11, which is
rescinded with the adoption of this Resolution.
Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of October, 2015.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, Clerk
RESOLUTION NO. 2014-085
A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR
THE WATER STREET INN LOCATED AT 101 WATER STREET SOUTH
CASE NO. SUP/2014-7
WHEREAS, St. Croix Preservation Co, Inc. made application for approval of
amendments to their Special Use Permit to allow the construction of a 20-room
expansion of the Water Street Inn at 101 Water Street South; and
WHEREAS, on March 10, 2014 the Planning Commission held a public hearing
on the requested amended Special Use Permit; and
WHEREAS, on March 10, 2014 the Planning Commission recommended City
Council approve the amended Special Use Permit with conditions; and
WHEREAS, on April 1, 2014 the City Council held a public hearing on the
requested amended Special Use Permit; and
WHEREAS, on April 17, 2014 the Downtown Parking Commission met with St.
Croix Preservation Co, Inc. to formulate a reasonable alternative to the off-street parking
regulations in the Downtown Stillwater Parking District; and
WHEREAS, the requested Special Use Permit amendment is consistent with the
City's Comprehensive Plan and Zoning Ordinance; and
WHEREAS, on May 20, 2014 after due notice and hearing provided by law, the
Council deemed it reasonable and appropriate to grant an amended Special Use Permit
for the Water Street Inn at 1 01 Water Street South.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the requested Special Use Permit amendments with the
following conditions:
1. This Special Use Permit is in all ways a Conditional Use Permit as the term is
used in Minnesota Statue Section 462.3595.
2. The property owner must purchase 36 monthly parking permits to mitigate the
increased on-site parking deficiency created by the remodeling. In addition,
during the months of May through October, 25 more monthly parking must be
purchased to mitigate the increased parking deficit associated with the seasonal
roof-top patio. Therefore, the total number of parking permits that must be
purchased from May through October is 61, while from November through April,
a total of 36 permits must be purchased.
3. All existing and future trash receptacles shall be stored inside the building at all
times with the exception of the day of trash collection.
4. A Design Review permit shall be submitted and approved by the Heritage
Preservation Commission prior to the issuance of a building permit for this
project.
5. A Development Agreement between the property and the City must be executed
prior to commencing any work associated with public infrastructure.
6. The building permit application shall include verification that a stormwater
management plan, meeting the full review requirements of the MSCWMO Plan,
has been determined to be consistent with Middle St. Croix Watershed
Management Organization (MSCWMO).
7. Upon issuance of a Certificate of Occupancy for the project, Resolution No. 2013-
83 will automatically be revoked. Resolution No. 2013-83 was issued for the
street level patio, which will be replaced by the rooftop patio.
8. The rooftop patio shall operate under the following conditions:
i. All lighting shall be reviewed and approved by the City prior to installation.
ii. Per the City's nuisance ordinance, no device for the production or
reproduction of sound in a distinctly and loudly audible manner is permitted
between the hours of 10:00 p.m. and 8:00a.m.
9. By July 1, 2014 a trash enclosure shall be constructed on the west side of, and
attached to, the Water Street Inn. Prior to issuance of a building permit for the
trash enclosure, the Stillwater Heritage Preservation Commission shall review and
approve a Design Permit for the enclosure. The existing trash dumpsters that are
currently outside must be removed within a week of finishing the construction of
the trash enclosure. The trash enclosure must be dismantled and removed within
two weeks of issuance of a Certificate of Occupancy for the Water Street Inn
addition.
10. Any conditions attached to the Design Permit issued by the Heritage Preservation
Commission for this addition are incorporated by reference into this Special Use
Permit.
11. The construction of the Water Street Inn addition must be completed by June 30,
2016.
Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of May,
2014.
~EST:~~ ~sen, Acting Clerk
Summary of Proceedings
Washington County Board of Commissioners
October 6, 2015
Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary
Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel
presided.
Commissioner Reports – Comments – Questions
The Commissioners reported on the following items:
- Commissioner Miron– reported that he attended a House Bonding Committee last week, in
Forest Lake, focused on projects such as the Highway 97 bridge overpass. The City of Hugo
had a bus tour that looked at various projects such as the realignment of highways 7 and 8, the
Hardwood Creek Trail investment, and discussion on the county’s highway striping
procedures;
- Commissioner Weik – reported that she will be traveling to Washington, D.C., on October 7th –
October 8th for the Gateway Commissioner Fly-In Conference in regards to the Gateway
Corridor Gold Line; attended the Washington County Library Strategic Planning Fall Retreat
in Woodbury on Saturday, September 26th. She chaired the interviews for financial advisor
services for the Counties Transit Improvement Board Executive Committee. She also chaired
the Metropolitan Energy Policy Coalition Board, and commented on a potential increase for
the Association of Minnesota Counties support in the 2016 budget;
- Commissioner Bearth – reported that he attended a State Emergency Communication Board
Meeting for the Metropolitan Emergency Services Board. He commented on a new program
with Motorola, with a possible 20% reduction, moving away from the five year plan. He
reported that on Tuesday, November 10th, from 8:00 a.m. to noon, there will be a Veterans
Career Workshop hosted by the Washington County’s Community Services department, at the
Stillwater Government Center;
- Commissioner Bigham – commented on the Counties Transit Improvement Board Grant
Evaluation and Ranking System meeting she attended on October 5th. She thanked the Public
Health and Environment department for presenting BizRecycling meetings in various
communities. On October 6th from 7-8:30 p.m. at the All Saints Lutheran Church in Cottage
Grove there will be an event regarding Domestic Violence Awareness. Speakers at the event
will be Pete Orput, Washington County Attorney; Sergeant Randy McAlister from the Cottage
Grove Police Department, and representatives from Tubman. She attended the Washington
County Library Strategic Planning Fall Retreat in Woodbury on Saturday, September 26 th. She
reported that the Association of Minnesota Counties (AMC) District 10 meeting will be on
October 26th from 2:00-5:00 p.m. at the AMC offices. She commented on Metro Alliance for
Healthy Families, receiving an accreditation from the U.S. Department of Health and Human
Services;
- Commissioner Kriesel – reported that he attended the Metropolitan Library Service Agency
(MELSA) meeting, and that they are close to hiring a new MELSA director.
Community Services
Approval of the following actions:
- Approval of agreement with Solid Ground, formerly East Metro Women’s Council, for
$138,740 in Family Homelessness Prevention and Assistance Program funds;
- Board Workshop to provide an update on the implementation of Case Works electronic
document management system.
General Administration
Approval of the following actions:
- September 15, 2015 County Board Meeting Minutes;
- Administration Policy #1300 – Washington County Guidelines and Procedure for Minnesota
Government Data Practices Act;
- Appointment of James Westerman, Cottage Grove, to the Groundwater Advisory Committee to
a partial term ending December 31, 2017;
- Appointment of Dave Schulenberg, Cottage Grove, to the Groundwater Advisory Committee
to a partial term expiring December 31, 2017;
- A .40 FTE Administrative Assistant position in the Office of Administration;
- Molly O’Rourke, County Administrator announced a change in schedule for the workshops;
- Board Workshop to review major projects included in the draft 2016-2020 capital
improvement plan;
- Board correspondence was received and placed on file.
Property Records & Taxpayer Services
Approval of the following actions:
- Plat of Polasik Addition in Stillwater Township;
- Revisions to Policy #4006 Economic Development Abatement and Policy #4004 Tax
Increment Financing County Comment on Proposed Districts.
Public Health & Environment
- Resolution No. 2015-165, certification of unpaid county environmental charges;
- Board Workshop to discuss the 2016 proposed budget of the watershed management
organizations and the Washington Conservation District.
- Board Workshop to provide a report of Statewide Health Improvement Program activities and
preview of fiscal year 2016-2017 funding from the Minnesota Department of Health.
Public Works
Approval of the following actions:
- Ratify work orders 6, 8, and 9 to contract no. 9530 with Forest Lake Contracting for the
County State Aid 17/Old Trunk Highway 5 signal project in the amount of $4,607.00;
- A 1.0 FTE Design Engineering Manager position and a 1.0 FTE Engineer II position;
- Resolution No. 2015-166, acceptance of tree planting donation;
- Board Workshop to discuss proposed amendment no. 1 to contract with Parsons Brinckerhoff,
Inc.
Sheriff’s Office
Approval of the following items:
- Contract between Washington County and Vinco, Inc. for the reinstallation of radio equipment
on the Woodbury Hudson Road water tank;
- Agreement with the City of Newport to provide law enforcement services to the city for the
remainder of 2015.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.
i 1 1 t e r
INF OIRTNFLACE OF MINNESOTA
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 Fourth Street North
October 20, 2015
EXECUTIVE SESSION for performance review for the City Administrator (Closed) 6:00 P.M.
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
1. Possible approval of minutes of October 6, 2015 regular and recessed meeting minutes
V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
2. Certificate of Appreciation — Donation toward the Lowell Park tree planting project
3. Request for ESR, Inc. Financing and possible calling for hearing (Resolution 2015-189 — Roll Call)
VI. 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.
VII. STAFF REPORTS
4. Police Chief
5. Fire Chief
6. City Clerk
7. Community Development Dir. — Draft Downtown Plan Chapter
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
VIII. 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 2015-184, directing payment of bills
13. Resolution 2015-185, approval of health, dental rates and flex benefit amount for 2016
14. Resolution 2015-186, resolution approving State of Minnesota Joint Powers Agreements with the
City of Stillwater on behalf of its city attorney and police department
15. Possible approval of sanitary sewer adjustments
16. Possible approval of shot gun replacement — Police Department
17. Resolution 2015-187, approving actuarial agreement for consulting services with Hildi, Inc.
18. Resolution 2015-188, appointment to Library Board
IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
None.
X. UNFINISHED BUSINESS
None.
XI. NEW BUSINESS
19. Possible approval of licensing of Lumber Jack Days name (Resolution — Roll Call)
20. Possible approval of resolution extending Special Use Permit for Water Street Inn (Resolution — Roll
Call) (Available Tuesday)
21. Possible approval of resolution ordering preparation of feasibility report for 2016 Street
Improvements
22. Possible approval of resolution ordering preparation of feasibility report for 2016 Sidewalk
Improvements
XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED)
XIII. COMMUNICATIONS/REQUESTS
XIV. COUNCIL REQUEST ITEMS
23. Beyond the Yellow Ribbon update
XV. STAFF REPORTS (CONTINUED)
XVI. ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSS LITIGATION STRATEGY PURSUANT
TO THE ATTORNEY CLIENT PRIVILEGE
i 1 1 t e r
INF OIRTNELACE OF MINNESOTA
CITY COUNCIL MEETING MINUTES
October 6, 2015
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:30 p.m.
Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Absent: None
Staff present: City Administrator McCarty
City Attorney Magnuson
City Planner Wittman
Public Works Director Sanders
Finance Director Harrison
Police Chief Gannaway
Fire Chief Glaser
City Clerk Ward
OTHER BUSINESS
Discussion on Stillwater Yacht Club
City Planner Wittman explained that a little over a month ago, Dick Johnson came in asking for
a permit for a temporary roof on the clubhouse. She prepared the research provided to
Councilmembers, and reported the current situation: there is an open unroofed, OSB -sided
structure, constructed on top of a basement that was constructed in 2008, without proper approvals
from the City or the DNR. She added, since that time no work has occurred and the OSB has
rotted. She stated that the Building Inspector considers it abandoned and dangerous, and questions
the structural integrity of all the walls. Ms. Wittman continued that a building permit cannot be
issued by the City for a roof, temporary or otherwise. She reviewed the history of the site, and
indicated that Staff recommend abatement of what is considered a nuisance. Council should either
1) direct staff to declare the building unsafe and order abatement; or 2) schedule a hearing under
the Hazardous and Substandard Building Act.
City Attorney Magnuson confirmed that one approach would be through the City Code, to ask for
abatement as a nuisance; another approach would be to go directly to the District Court with an
action under the Dilapidated Building Act.
City Planner Wittman conveyed that the DNR would support whatever action the City chose to
take.
Councilmember Menikheim expressed that he feels the City should declare it a nuisance.
Councilmember Weidner pointed out if it is hazardous, it needs to be abated; the Council should
issue a nuisance abatement order, so property owners can come before the Council and explain
their plan to bring it into compliance.
City Council Meeting October 6, 2015
Councilmember Junker suggested meeting with all the owners to tell them the building on those
walls cannot continue; if the partners do not want to comply in an orderly fashion and reasonably
fast, then the City should take the next step.
City Attorney Magnuson explained that the normal course would be to direct the City
Administrator to sign an abatement order based upon the Building Inspector's findings; this would
give the owner 20 days to respond.
It was the consensus of the Council for the City Attorney to prepare an abatement order, and City
Planner Wittman agreed to confer with the DNR about how the basement may be filled, and to
inform all the interested parties.
Review of Strategic Plan Action Plan
City Administrator McCarty led discussion of the Strategic Planning process to date. He reviewed
the list of items that Staff were directed to establish an action plan. He stated that progress will be
tracked and shared with the Council.
STAFF REPORTS
Public Works Director Sanders reported that the east wall of the Shoddy Mill stone building is
bowing out, and that it would be in the City's best interest to put up some temporary shoring for
the building, at an estimated cost of $2,300. He added that this could be done in the next week or
two. Mr. Sanders also stated that since MnDOT announced there will be a delay in completion of
the bridge, everything else would be delayed. He asked MnDOT to consider putting in a
temporary trail on the lower loop trail up to the Sunnyside entrance. He continued that MnDOT
agreed to put in a gravel trail to provide the connection for future trails.
RECESS
The meeting was recessed at 5:35 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski
Absent: Councilmember Weidner
Staff present: City Administrator McCarty
City Attorney Magnuson
Public Works Director Sanders
Police Chief Gannaway
Fire Chief Glaser
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
Page 2 of 6
City Council Meeting October 6, 2015
APPROVAL OF MINUTES
Possible approval of September 15, 2015 regular meeting minutes
Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the
September 15, 2015 regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS
Certificates of Appreciation for assistance in tree planting — Lions Club & Craig Primoli, Yardmasters
Mayor Kozlowski presented a Certificate of Appreciation to a representative of the Lion's Club
for assistance in tree planting.
Proclamation - Fire Prevention Week
Mayor Kozlowski read a proclamation designating Fire Prevention Week October 4-10, 2015.
Fire Chief Glaser emphasized the need to have working smoke detectors, check batteries, replace
electric smoke detectors that are over 10 years old, and practice a fire escape plan. He invited the
public to the dedication of the new fire station on Saturday, October 10. Members of the Fire
Department came forward to be recognized.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
Resolution 2015-174, directing payment of bills
Resolution 2015-175, approving assignment agreement with the Veteran's Memorial
Committee for 2016
Resolution 2015-176, approval of letter of understanding for Impound Housing Services for
2016
Possible approval of temporary liquor license for St. Croix Kids organization fundraiser on
October 29, 2015
Possible approval of temporary liquor license for Valley Chamber Choral for December 11-
13, 2015
Possible approval to purchase microcomputer for smart board — MIS
Possible approval of painting quotes for City Hall
Resolution 2015-177, adopting delinquent clean up services charges
Resolution 2015-178, adopting delinquent parking mitigation variance fees
Possible approval of acceptance of utilities and streets — Liberty West
Resolution 2015-179, a resolution authorizing a contract for The Boutwell Cemetery Stone
Cleaning
Councilmember Polehna requested discussion about item #15 - Veterans Memorial Agreement.
He stated he is not opposed to the agreement, but he received complaints about the trees being
taller than the shrubs in the shrub beds. Public Works Director Sanders confirmed that he would
contact the Veterans Memorial Committee about the issue.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent
Agenda.
Page 3 of 6
City Council Meeting October 6, 2015
Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski
Nays: None
PUBLIC HEARINGS
A public hearing to consider the assessments for the 2015 Street Improvement Project (Project 2015-
02, L.I.406).
Public Works Director Sanders reported that construction on this year's street improvement
project is ongoing, with the remainder of work being sidewalks will be installed and streets paved;
streets include Market Drive/North Frontage Road from Curve Crest Boulevard to Washington
Avenue; North Second Street from Myrtle Street to Laurel Street; and North Fourth Street from
Myrtle Street to Laurel Street. Mr. Sanders stated that final project costs are estimated at
$579,151.84. According to the City's assessment policy, properties in the Industrial Park (Market
Drive and the North Frontage Road) would be assessed at 100% and the remaining properties at
80%. Staff recommended that Council hold the assessment hearing and adopt the assessment roll.
Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing
was closed.
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution
2015-180, adopting assessments for the 2015 Street Improvement Project (Project 2015-02) L.I. 406.
Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski
Nays: None
UNFINISHED BUSINESS
Possible approval of reimbursement of Trail Repair — Terra Springs — Building 1
City Attorney Magnuson informed the Council that the possible agreement regarding the Terra
Springs Maintenance Fund remained on hold, with staff and the HOA Board looking for a way
forward; the funds remain on deposit with the City with the obligation in the Development
Agreement that the funds be held and administered for "extraordinary maintenance and repair or
capital improvements to the Trail and the Interpretation System, and not for ongoing and ordinary
maintenance." He indicated that staff is satisfied the conditions of payment are complete and
recommended that this be paid as requested.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2015-
181, approving the reimbursement of Trail Repair for Terra Springs, Building 1.
Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski
Nays: None
Possible approval of second reading of Ordinance 1083, an ordinance amending the City Charter
City Attorney Magnuson reviewed the ordinance, which provided that the same standards for the
appointment of a new Mayor as those for appointment of the rest of the Council. He added that it
also clarified that three members shall constitute a quorum, and that no member of the Council
may have other City employment.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Ordinance 1083,
amending the Stillwater City Charter.
Page 4 of 6
City Council Meeting October 6, 2015
Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski
Nays: None
NEW BUSINESS
Possible approval of final plat and development agreement for Rutherford Station
Public Works Director Sanders noted that the Developers Agreement and Final Plat were
approved last year, but there were delays. He pointed out that now the developer would like to do
the same development, only in three phases. Staff has rewritten the developer's agreement and
recommended approval. Staff also requested approval of the first phase of the development, with
conditions concerning revised plans and adjused fees accordingly to each phase.
Chris Aamodt, Settler's Pines, LLC, stated he plans to start this year, and that Staff have been
phenomenal in helping with the request.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution
2015-182, approving the revised development agreement for Rutherford Station, Case No. 2014-26.
Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski
Nays: None
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2015-
183, approving the final plat for Rutherford Station, Case No. 2014-26,
Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski
Nays: None
COMMUNICATIONS/REQUESTS
There were no communications/requests.
COUNCIL REQUEST ITEMS
Councilmember Polehna mentioned that a Pheasant Hunt for the Troops will take place this
weekend.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at
7:33 p.m. All in favor.
ATTEST:
Diane F. Ward, City Clerk
Ted Kozlowski, Mayor
Page 5 of 6
City Council Meeting October 6, 2015
Resolution 2015-174, directing the Payment of Bills
Resolution 2015-175, approving assignment agreement with the Veteran's Memorial
Committee for 2016
Resolution 2015-176, approving letter of understanding for Impound Housing Services for
2016
Resolution 2015-177, adopting delinquent clean up services charges
Resolution 2015-178, adopting delinquent parking mitigation variance fees
Resolution 2015-179, authorizing a contract for the Boutwell Cemetery Stone Cleaning
Resolution 2015-180, adopting assessment for the 2015 Street Improvement Project (Project
2015-02) L.I. 406
Resolution 2015-181, approving the reimbursement of Trail Repair for Terra Springs,
Building 1
Resolution 2015-182, approving the revised Development Agreement for Rutherford
Station, Case No. 2014-26
Resolution 2015-183, approving the final plat for Rutherford Station, Case No. 2014-26
Ordinance 1083, Amending the Charter of the City of Stillwater
Page 6 of 6
iliwater
THE BIRTHPLACE OF MINNESOTA
STILLWATER CITY
COUNCIL CERTIFICATE OF
APPRECIATION
On behalf of a grateful city and upon the recommendation of leading citizens,
the Mayor and City Council hereby extend recognition and appreciation to
q. Dewz JW(&x
tl%vc donation, tacutvrd the .eatuete Arch Jtee J &uz ing J a4ect
and for outstanding service in support of the City of Stillwater's mission.
Ted Kozlowski, Mayor Date of Recognition: October 20, 2015
ECKBERG
LAMMERS
ATTORNEYS AT LAW
October 16, 2015
VIA E-MAIL AND U.S. MAIL
J. Thomas McCarty, City Administrator/Treasurer
City of Stillwater
216 Fourth Street North
Stillwater, Minnesota 55082
Re: ESR, Inc. Revenue Note
Dear Mr. McCarty:
Writer's Direct Dial:
(651) 351-2I25
Writer's E-mail:
APratt@eekberglammers.com
Reply to Stillwater
1 am writing this correspondence on behalf of ESR, Inc. (formerly known as East
Suburban Resources) (the "Borrower") and Midwest Healthcare Capital ("MHC"). The
Borrower is a Minnesota nonprofit corporation described in Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended (the "Code"), and its site for administrative operations is
located at 1754 Washington Avenue in the City of Stillwater, Minnesota (the "City"). The
Borrower has been working with MHC to arrange financing to acquire real properties located at
708 West Broadway Avenue and 744 West Broadway Avenue in the City of Forest Lake,
Minnesota (the "Project"). Completion of the Project will provide a permanent presence for the
Borrower at its Forest Lake Program Center, which will further the Borrower's mission of
supporting adults with developmental disabilities and other special needs by helping them
integrate into the larger community and gain meaningful employment.
To finance the Project, the Borrower is requesting the City to issue a revenue note, in a
principal amount not to exceed $600,000 (the "Note"). The Note will be purchased by a local
lender, and the proceeds derived from the sale thereof will be loaned to the Borrower to finance
the Project under the terms of a Loan Agreement, to be entered into between the City and the
Borrower.
The purpose of this correspondence is to familiarize you with the City's role in this
financing, with the ultimate goal of having the City Council approve the financing after a public
hearing. In any conduit revenue financing transaction involving a municipality, a few
characteristics are especially relevant, as follows:
Stillwater Office
1809 Northwestern Avenue
SUIlwater, MN 55082
Phone- 651-439-2878
Fax. 651-439-2923
Hudson Office
430 Second Street
Hudson, WI 54016
Phone: 715-386-3733
Fax: 715-386-6456
Note Characteristics
• Tax -Exempt: It is proposed that interest on the Note will be exempt from federal
and state income taxes (i.e., a tax-exempt obligation). To qualify as a tax-exempt
obligation, the Note must comply with various rules and regulations found in the
Code, including but not limited to restrictions on the use of Note proceeds by
Section 501(c)(3) corporations. In other words, the Note proceeds must be used
to further the Borrower's tax-exempt purposes (i.e. to support adults with
developmental disabilities and other special needs).
Tax-exempt obligations typically carry a lower rate of interest, as the holder of the
obligations will accept a lower rate in exchange for the benefit of not paying taxes
on the interest earnings. It is therefore more advantageous at this time for the
Borrower to seek tax-exempt conduit financing from a municipality than long-
term taxable financing from a bank.
• Bank Qualified: The Code allows a bond issuer to designate certain debt as a
"qualified tax-exempt obligation." This designation is typically referred to as
"bank qualification." Banks typically find that these qualified obligations are
attractive investments because of their preferred tax status. If an investment is
attractive to a lender, the lender will be able to offer more competitive interest
rates, resulting in a cost savings to the borrower. A bond issuer may annually
designate up to $10,000,000 of its own obligations as qualified tax-exempt
obligations. A city's general obligation bonds and conduit revenue bonds issued
on behalf of 501(c)(3) corporations count against this $10 million limit.
It is my understanding the City will have capacity under the $10 million bank
qualification cap to issue the Note, and also retain "bank qualified" status for its
own debt obligations in 2015, if any. It is therefore financially attractive to the
Borrower to have the City issue the Note as a "bank qualified" obligation.
• No General Obligation of the City. The Note is a "conduit revenue" obligation.
The City will only be the conduit issuer, and will have no responsibility or
obligation to repay any of the principal or interest of the Note. That responsibility
lies solely with the Borrower. Tlie Note will not (i) constitute a general obligation
of the City, (ii) constitute a lien or encumbrance upon any property of the City,
and (iii) be secured by the full faith and credit or taxing powers of the City.
Principal and interest payments due on the Note will be payable solely from the
revenues of the Borrower pledged to payment of the Note under the Loan
Agreement (a lender will typically take a mortgage on the financed properties to
secure the debt repayments). Based on our past experiences with credit agencies,
any default on payments due on the Note or any financial difficulties of the
Borrower will not adversely affect the credit rating of the City for future debt
issues. Essentially, the City's involvement is restricted to holding a public
hearing on the debt issue and executing the core bond documents. Thereafter,
paying off the Note and maintaining the Project is the sole responsibility of the
Borrower.
If the City agrees to issue the Note on behalf of the Borrower, I will prepare the various
loan documents and forward those to your attention, to correspond with future dates available for
City Council consideration. I am forwarding a City Council resolution, to be considered by the
Council at its October 20 regular meeting, calling for a public hearing on the issuance of the
Note. A form of public hearing notice is attached to this resolution as Exhibit A; if the Council
adopts the resolution on October 20, I will arrange for publication of the notice in the Stillwater
Gazette. We are currently anticipating a public hearing date of November 17, 2015 before the
City Council. Finally, the Borrower has agreed to pay or reimburse the City for all out-of-pocket
costs the City incurs in its review of this transaction.
Thank you for your attention to this correspondence. Feel free to forward to any City
officials, municipal financial advisors, or y&ur legal counsel as necessary. Please contact me at
your convenience with any questions regarding the foregoing.
Sincerely,
Andrew J. Pratt
Cc: David Magnuson, City Attorney
Ed Boeve, ESR, Inc. (email only)
Steve Fenlon, MI -IC (email only)
MHC
Nonprofit Tax -Exempt Finance Specialists
1105 Ivy Hill Drive
Mendota Heights, Minnesota 55118
(651) 455-8300 C (651) 308-0949
Email: steve@501 c3finance.com
Executive Summary
October 9, 2015
http://esrworks.orq
MHC has been engaged to arrange a tax-exempt financing on behalf of ESR, Inc. ("ESR") whose central office
is located at 1754 Washington Avenue , Stillwater, Minnesota 55082. Please treat this request for financing as
confidential.
Transaction Overview:
ESR has decided to finance its acquisition of real property located in Forest Lake, MN at addresses 708 (ESR
will lease this space to its present tenant) and 744 West Broadway (which will be occupied by ESR only). As
you will note there is also a project to be performed on 744 Broadway in an amount up to $100,000. Those
dollars will be spent on the following 744 Broadway improvements: general building improvements,
rearranging space to better serve the therapeutic and work space needs of ESR consumers, and an outdoor
leisure space will be added.
Parties to the Transaction:
Obligor: ESR, Inc. a MN not -for profit (501(c) 3) corporation.
Issuer:
To be identified by MHC, the obvious choice is the City of Forest Lake or the City of
Stillwater. Please note the Issuer will issue the note without recourse, the Lenders' sole source
of repayment will come from ESR's future results of operation and from it's working capital
and assets, in no event will the Issuer(s) ever be obliged to repay any portion of the note
described herein.
Lender: Scott Bromelkamp
Central Bank, Stillwater
Transaction
Manager: Steve Fenlon
MHC
Mendota Heights, Minnesota
Bond Counsel: Andrew Pratt, Esq.
Eckberg, Lammers
Stillwater, Minnesota
Borrower's
Counsel: Scott McDonald, Esq.
Lawson, Marshall, McDonald
Lender' s
Counsel: Nick Jellum, Esq.
Anastasi Law Firm
1
RE Appraiser: Nagell Appraisal and Consulting,
Plymouth, MN
Title Company: St. Croix Title (which is affiliated with the Lawson law firm)
Sources:
Tax-exempt Note: $500,000
Family Pathways Cash Downpayment: 100,000
Total Sources: $600,000
Uses:
Purchase Forest Lake Property: $462,000
Property Improvements: 100,000
Estimated Transaction Expenses: 36,200
Total Uses: $598,200
Series 2015 Tax-exempt Note Details:
Amount:
Term:
Series 2015 Note (est.): $500,000
The Series 2015 note will be amortized over a 20 -year loan term through a series of 240 level
(subject to interest rate adjustments on each 5th year anniversary of loan closing) payments of
principal and interest, due monthly in arrears.
Interest
Rate: The initial tax-exempt interest rate is fixed for 5 years at 2.85%. Thereafter and on each 5th
anniversary of this loan closing, the tax-exempt interest rate will be adjusted as the interest rate
that follows from the formula which is calculated as 275 basis points over the 5 -year US
Treasury Constant Maturity, then that sum is multiplied by 67%. Please bear in mind the Issuer
will designate this Note as bank -qualified, which allows the Lender the added benefit of
deducting approximately 80% of it's carrying interest cost while it avoids taxation on its
interest income.
Interest Rate
Adjustment: On each 60th month anniversary of loan closing, the tax-exempt interest rate will be adjusted
based on changes in and the solution from, applying the interest adjustment formula described
in the preceding paragraph. Throughout the loan term, the maximum increase to the initial tax-
exempt rate will be 300 basis points. If Treasury yields at the time of the future interest rate
adjustments warrants it, the maximum increase that could result is a tax-exempt rate of 5.85%
(assuming an initial rate of 2.85%). The interest rate floor is set at 2.85%.
Security: The Obligor will promise unconditionally to repay the notes in accordance with its terms.
Further, the Lender will be granted a first mortgage on the acquired property in Forest Lake.
Lender agrees to lend up to 80% of the bank -engaged real estate appraisal valuation, which is
predicated on the income approach.
Prepayment: The Obligor will have the right to prepay the note in full or in part on any payment date, subject
to thirty day's notice, and further subject to the prepayment penalties if any and as described
below. If the Obligor desires, and upon material partial prepayment (5.00% or greater of the
then outstanding balance), the Lender will agree to re -amortize the notes.
Covenants: ESR shall provide annually copies of its audited financial statements and a copy of its federal
income tax return. ESR will also provide the Lender with copies of quarterly, internally
prepared and un -audited financial reports.
2
Real Estate
Appraisal: I understand that the RE appraisal has been completed, please provide me with a copy of that
report.
Bridge
Financing: There has been some discussion between ESR and Central Bank about the timing for the sale of
the property, and how the seller is eager to complete the sale by October 20th or so. One
possible solution is for CB to do a taxable mortgage note that would remain outstanding until
we are set to close the tax-exempt note. If that is the solution, then ESR requests that it's done
in such a manner as to minimize the transaction costs, including the filing of the mortgage and
the payment of mortgage registration taxes. If the bridge financing is used please file the
mortgage in a fashion and amount that allows that same mortgage to be assumed by Central
Bank when it purchases the tax-exempt note(s).
ESR Background Information
Employment & Services for Adults with Disabilities
ESR (formerly East Suburban Resources) is a private nonprofit agency supporting adults with developmental
disabilities and other special needs by helping them integrate into the larger community and gain meaningful
employment. Since 1964, ESR has served consumers in Washington County and built partnerships with area
businesses, schools and government. In 2014 ESR's services expanded to residents of St. Croix County, WI,
which will increase the number of consumers it serves to almost 500 each year.
ESR Guiding Principles
Each individual has value.
Every individual should be treated with dignity and respect.
Every individual is capable of growth and learning through community experiences.
Every individual has the right to experience life and participate in activities in the most natural settings
through whatever adaptations are necessary.
Every individual should be an active and visible participant in his/her community
Every individual has the right, and should have the opportunity, to be the primary decision maker in his/her life
ESR's Philosophy
ESR believes all people have the right to share equally in all aspects of community life.
The objective for ESR's services are to provide the support necessary for individuals to live, work, learn and
recreate in the mainstream of community life. Experience offered through ESR will, to the greatest extent
possible, enable interdependent and productive functioning within the community
ESR will foster and promote the exercise of the right to self determination of all people, especially those with
disabilities and special needs. To these ends, ESR endorses the following concepts in order of importance:
Empowerment Consumers, their families and others they choose should be the primary decision makers in the
planning and delivery of support services. ESR will promote the right of consumers and their selected
representatives to choose services and the providers of those services.
Integration Services provided by ESR should enhance an integrated lifestyle. Each consumer should know and
be known within their community as defined by them. Each person should have access to community resources
available to citizens and to regular personal contact with individuals in the community who are not paid
caregivers.
Economic Gain Vocational programs will be planned and delivered in a manner that enhances the economic
position of each consumer within the parameters of the concepts listed above. ESR's practical approach is to
provide employment opportunities either as an independent position with an employer or as part of an employed
crewmember.
About
ESR, is a private nonprofit 501(c)(3) corporation, licensed by the Department of Human Services to provide:
Adult Day & Memory Care (ADS), Day Training and Habilitation (DT&H), and Supported Employment (SES).
3
ESR is also an approved Ticket to Work (TTW) Employer Network.
CARF Accreditation
The Commission on Accreditation of Rehabilitation Facilities (CARF) sets industry standards for excellence for
agencies like ESR. CARF accreditation means that ESR is committed to excellence and agrees to adhere to
rigorous standards and oversight procedures in order to ensure the best possible service for our consumers.
Business Partners
ESR helps local partner businesses survive and thrive by providing an affordable quality workforce.
Independent employees who work onsite with support from their job coach, assisting in their development as
productive member of the employer's team.
Work crews — onsite crews comprised of usually 4-5 crewmembers and a coach. These are contracted crews
working either at an agreed upon hourly rate or a piece rate. Costs for insurance, taxes and
transportation are included in the very affordable contracted rate. Employers have a more dependable
work force, eliminating sick time, tardiness, and workflow interruptions.
Contract work done for the business at one of our 4 production centers. This type of work is often project
focused with a contracted rate per piece. Several of our production centers offer loading dock facilities and
pick-up and delivery if needed.
ESR Locations
Stillwater Program/Administration, 1754 Washington Ave., Stillwater, MN 55082, (651) 351-0190
Forest Lake Program Center, 744 West Broadway Ave., Forest Lake, MN 55025, (651) 464-5137
New Richmond Program Center, 1525 North 4th St., New Richmond, WI 54017, (715) 246-8299
Oakdale Program Center, 7800 Third St. N., Suite 800, Oakdale, MN 55128, (651) 379-1896
West Pointe Program Center, 8619 W. Point Douglas Rd., Cottage Grove, MN 55016, (651) 459-2038
Why partner with ESR?
Studies show that 79% of consumers prefer to patronize an employer supporting developmentally disabled
employees.
Surveys of participating employers strongly support continued use of developmentally disabled employees.
There is significant value to the workplace with the modeling of positive work ethics and attitude by many
developmentally disabled employees.
Employers are able to take a leadership role within their community by hiring and supporting residents with
disabilities; setting a high stand for inclusion in the work place.
ESR's 2015 BOARD OF DIRECTORS
Wendy Waldner — President
Marla Olson — Vice President
Richard Paukert — Treasurer/Secretary
Benjamin Backberg
Ron Jungbauer
Chris Kolb
Susan Langfeldt
Velvet Peterson
Kelly Shannon
2015 Board of Directors
4
RESOLUTION 2015-189
RESOLUTION CALLING FOR A PUBLIC HEARING ON
THE ISSUANCE OF A REVENUE NOTE AND AUTHORIZING THE
PUBLICATION OF A NOTICE OF THE PUBLIC HEARING
(ESR, INC. PROJECT)
WHEREAS, the law firm of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., bond
counsel ("Bond Counsel"), has informed the City of Stillwater, Minnesota (the "City") that Minnesota
Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), gives municipalities the power to
issue revenue obligations for the purpose of promoting the welfare of the State of Minnesota by the active
attraction, encouragement and development of economically sound industry and commerce to prevent so
far as possible the emergence of blighted and marginal lands and areas of chronic unemployment, as well
as the provision of employment opportunities to individuals who are unemployed or who are
economically disadvantaged; and
WHEREAS, ESR, Inc. (the "Borrower"), located at 1754 Washington Avenue in the City, has
represented to the City that it is a Minnesota nonprofit corporation and an organization described in
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), working to support
adults with developmental disabilities and other special needs by helping them integrate into the larger
community and gain meaningful employment. The Borrower is proposing that the City assist with the
acquisition financing of real properties located at 708 West Broadway Avenue and 744 West Broadway
Avenue, in the City of Forest Lake, Minnesota (the "Project"); and
WHEREAS, it is proposed the costs of the Project will be financed in part through the issuance
of the City's Revenue Note (ESR, Inc. Project), Series 2015, in an original aggregate amount not to
exceed $600,000 (the "Note"); and
WHEREAS, Bond Counsel has further informed the City that before proceeding with
consideration of the Borrower's financing request it is necessary for the City Council to hold a public
hearing on the proposal, pursuant to Section 147(1) of the Code and Section 469.154, Subdivision 4 of the
Act. The public hearing is proposed to be held by the City Council at its regular meeting on November
17, 2015, at or after 7:00 p.m. A form of the Notice of Public Hearing for the Project is attached hereto as
Exhibit A. A general, functional description of the type and use of the Project, the maximum aggregate
face amount of the Note, the initial owner, operator or manager of the Project, and the location of the
Project by its street address is described in the Notice of Public Hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1. Bond Counsel, at the direction of the City Administrator, is authorized and directed to
cause the Notice of Public Hearing to be published once in the official newspaper of the City and a
newspaper of general circulation available in the City, not less than 14 days nor more than 30 days prior
to the date fixed for the public hearing. The Notice of Public Hearing may be revised after this
Resolution is adopted, subject to the approval of the City Administrator, the City Attorney, and Bond
Counsel.
2. A public hearing to consider the Borrower's request for the Project is to be held on
Tuesday, November 17, 2015, at or after 7:00 p.m.
Adopted by the City Council of the City of Stillwater, Minnesota this 20th day of October, 2015.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
EXHIBIT A
FORM OF NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSAL FOR
THE ISSUANCE OF A REVENUE NOTE
(ESR, INC. PROJECT)
NOTICE IS HEREBY GIVEN That the City Council of the City of Stillwater, Minnesota (the
"City") will meet at Stillwater City Hall, 216 Fourth Street North, Stillwater, Minnesota, on Tuesday, the
17th day of November, 2015, at or after 7:00 p.m., to consider the proposal of ESR, Inc., a Minnesota
nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of
1986, as amended (the "Borrower"), that the City assist with financing a project hereinafter described
pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended, by the issuance of a
revenue note, in one or more series (the "Note").
The "Project" to be financed by the Note consists of acquisition of real properties located at 708
West Broadway Avenue and 744 West Broadway Avenue, in the City of Forest Lake, Minnesota. The
acquisition of these properties will provide a permanent presence for the Borrower at its Forest Lake
Program Center, and will further the Borrower's mission of supporting adults with developmental
disabilities and other special needs by helping them integrate into the larger community and gain
meaningful employment. The Project will be owned and operated by the Borrower.
The maximum face amount of the Note to be issued to finance the Project is $600,000. A portion
of the costs of issuance of the Note will be funded by Note proceeds.
The Note, if and when issued, will not constitute a charge, lien or encumbrance upon any
property of the City, and such obligations will not be a charge against the general credit or taxing powers
of the City, but will be payable from sums to be paid by the Borrower to a participating lender pursuant to
a revenue agreement.
A draft copy of the proposed application to the Minnesota Department of Employment and
Economic Development for approval of the Project, together with all attachments and exhibits thereto, is
available for public inspection, from 8:00 a.m. to 4:30 p.m., Monday through Friday, at Stillwater City
Hall, 216 Fourth Street North, Stillwater, Minnesota.
At the time and place fixed for the public hearing, the City Council will give all persons who
appear at the hearing an opportunity to express their views with respect to the proposal. Written
comments will be considered if submitted to the City Administrator at Stillwater City Hall, 216 Fourth
Street North, Stillwater, Minnesota, on or before the date of the public hearing.
i1twatr
THE BIRTHPLACE OF MINNESOTA
REQUEST FOR PROPOSALS
Update of 2008 Comprehensive Plan's
Downtown Plan Chapter
October 12, 2015
SECTION I. GENERAL INFORMATION
A. OBJECTIVE
The purpose for this request is to receive proposals for updating Chapter 6 (Downtown
Stillwater Framework Plan) of the City of Stillwater's 2008 Comprehensive Plan (aka
Downtown Plan).
Major factors contributing to the need for updating the Downtown Plan include:
1. Closing Stillwater Lift Bridge to vehicular traffic in 2017 and converting it to
pedestrian and bicycle use. This will dramatically change traffic volumes as well
as create new traffic flow patterns, which will in turn offer opportunities for
downtown streetscape improvements.
2. Construction of the St. Croix Crossing Loop Trail and of Brown's Creek State
Trail will increase bicyclist traffic downtown. Consequently, the City wants to
examine methods of accommodating and managing this increased bicycle traffic.
3. City riverfront opportunities created by: a) the recent purchase of the Aiple
property abutting Downtown Stillwater at its north gateway, and b) adoption of a
Master Plan for Bridgeview Park at the southern gateway to Downtown.
4. Development of materials by the Chamber of Commerce's Downtown
Revitalization Committee. These materials will be considered for inclusion in the
update of the Downtown Plan.
5. Increasing pressure on City's downtown facilities from private event producers.
B. APPROXIMATE BUDGET
The estimated range of professional services costs associated with this planning project
are shown below.
Consulting service
Estimated costs
Planning and design
$40,000 — 60,000
Traffic/transportation
$60,000 — 75,000
Market analysis
$25,000 — 40,000
Heritage preservation
$10,000 - $15,000
Total
$130,000 — 185,000
The actual amount budgeted for each area of expertise is flexible. Though, the total
budget for professional services is hoped to lie somewhere between $130,000 and
$185,000.
2 I Downtown Plan RFP
C. INQUIRIES
The City staff member listed below will be the contact for all inquiries related to this RFP.
All questions or requests for information should be sent by email to:
Bill Turnblad, Community Development Director, bturnbladAci.stillwater.mn.us
All inquiries received by email before 1:00 p.m. on November 25, 2015 will receive
responses. Responses which involve an interpretation or change to this RFP will be
issued in writing by addendum and e-mailed to all parties recorded by the City as having
received a copy of this RFP. All such addenda issued by the City shall be considered
part of the RFP.
Any addenda will be issued in writing by email by 4:30 PM on November 25, 2015. This
is nine days prior to the proposal submission deadline.
Only additional information provided by formal written addenda will be binding. Oral and
other interpretations or clarifications will be without legal effect.
D. INCURRING COSTS
The City of Stillwater is not liable for any costs incurred by prospective firms prior to the
signing of a contract.
E. SUBMISSION OF PROPOSALS
To be considered, each firm must email one complete pdf copy of their proposal. The
subject line of the email is to be: "Proposal for Downtown Stillwater Plan Update". Email
the proposal to Bill Turnblad(bturnbladAci.stillwater.mn.us).
All proposals must be emailed by 3:30 PM, Friday, December 4, 2015. Proposals sent
after that time cannot be considered.
F. ACCEPTANCE OR REJECTION OF PROPOSAL CONTENT
In submitting this proposal, it is understood that the right is reserved by the City to reject
any and all proposals. The contents of this RFP and the proposal will become
contractual obligations if a contract ensues.
G. SELECTION CRITERIA
The proposal selected for award of the contract will not necessarily be from the lowest
bidder. Rather, the selection will be based upon the proposal that is most responsive,
responsible and the most advantageous to the City, as determined by the City. The City
intends to award a contract, subject to the terms of this RFP, to the consultant that offers
the best overall value. Proposals will be evaluated based on past experience and
performance, current performance capability, fees and other criteria as outlined in this
document.
3 I Downtown Plan RFP
H. ISSUANCE OF RFP AND AWARD PROCESS
Issuance of this RFP does not compel the City to award a contract. The City reserves
the right to reject any or all proposals wholly or in part and to waive any technicalities,
informalities, or irregularities in any proposal at its sole option and discretion. The City
reserves the right to request clarification or additional information. The City reserves the
right to award a contract or to re -solicit proposals or to temporarily or permanently
abandon the procurement.
I. DISCLOSURE
All information in a proposal, except fee analysis, is subject to disclosure under the
provisions of Minnesota Statute Chapter 13 "Minnesota Government Data Practices
Act".
J. COST LIABILITY
The City of Stillwater assumes no responsibility of liability for costs incurred by the
consultant prior to the signing of a contract for this project. Total liability of the City of
Stillwater is limited to the terms and conditions of this agreement.
SECTION II. WORK STATEMENT
A. DELIVERABLES
1. A finalized replacement Chapter 6 (Downtown Stillwater Framework Plan) to the City's
2008 Comprehensive Plan.
2. Five printed copies of the replacement chapter.
3. Two copies of the replacement chapter must be submitted in electronic format. One
must be in pdf format, the other must be in an editable format (InDesign is preferred).
4. A completed Comprehensive Plan Amendment application form ready for submittal to
the Metropolitan Council.
4. Other innovative methods to convey the master plan content to the public, once it is
completed, are encouraged.
B. MAJOR RESPONSIBILITIES & AREAS OF EXPERTISE
1. Planning services
a. Assemble and lead a team of necessary and qualified professionals such as
land use specialists, traffic engineers, civil engineers, park and riverfront
design specialists, downtown pedestrian flow specialists, economic analysts,
etc.
b. Develop and maintain effective relationships with the Metropolitan Council,
including early identification of issues and communications with the agency
throughout the process
4 I Downtown Plan RFP
c. Review Stillwater's 2015 system statement and current Comprehensive Plan
for required amendments, additions or deletions
d. Conduct visioning meetings/charettes
e. Conduct regular meetings with City staff for purposes of coordination,
consultation and input
f. Conduct meetings of the Downtown Plan Advisory Committee (likely to
include members of the Planning Commission, Parks Board, Downtown
Parking Commission, Joint Planning Board, Heritage Preservation
Commission, City Council, residents and business owners)
g. Attend public meetings to develop the Downtown Plan update. These
meetings would include Planning Commission meetings, Park Board
meetings, joint Council/Panning Commission meetings, and regular and work
sessions of the City Council
h. Conduct open houses to illustrate how the proposed Downtown Plan update
implements the goals of the community as expressed in the visioning or
charette meetings earlier in the process
2. Landscape/design services
a. Conceptual streetscape design
b. Conceptual design of Chestnut Street plaza and Commercial Street
pedestrian improvements
3. Traffic engineering & transportation planning services
a. With the elimination of Lift Bridge vehicular traffic, a number of improvements
are possible and need study:
i. Can lanes on Main Street be eliminated to accommodate wider
sidewalks?
1. Analysis of the economic benefits of widening Downtown
sidewalks will likely be necessary. It is expected that the loss
of on -street parking will create considerable controversy.
2. Do any possibilities exist to replace the lost on -street spaces in
nearby municipal parking lots? Is another parking ramp a
consideration?
ii. Explore whether right turn lane to the re -purposed Lift Bridge can be
eliminated.
iii. Explore parking only on one side of Main Street. Perhaps this would
alternate between blocks.
iv. The current prohibition on north bound left turns onto Chestnut from
Main should be examined.
1. Can this maneuver be accommodated after Lift Bridge traffic is
eliminated?
2. Can this be done without the need for a left turn lane? If a left
turn lane is required, perhaps left turns should continue to be
prohibited. Otherwise, streetscape improvements (or
increased on -street parking) may be limited in this block of
Main.
v. Should Chestnut be closed to vehicular traffic between Main Street
and the river? This could become a pedestrian area.
5 I Downtown Plan RFP
1. Would Chestnut Street need to remain open between Main
Street and Water Street? Can traffic circulation and deliveries
be accommodated with Chestnut closed from Main St to Water
St?
2. Should Water St become a one-way street? Which direction?
Both Myrtle and Nelson have semaphore controlled
intersections, but traffic patterns and geometrics may favor
one direction over the over. Perhaps the location of
businesses needing deliveries from large trucks effects
direction of flow.
b. How does City manage bicycle and pedestrian traffic, especially in the two
main trail congestion areas? Those two areas are at the pedestrian walkway
crossing near the Lowell Park amphitheater, and at the St Croix Boat &
Packet dock area.
i. Are bicycle dismount zones needed? How are they to be
managed/enforced?
ii. In the St Croix Boat & Packet area is a dismount zone needed? Or
should bicycles be routed instead onto the Main Street sidewalk?
iii. Where should bicycle racks be installed? What kind of racks? Any
other bicycle infrastructure?
iv. How does City encourage bicyclists not to park/chain bikes up on
Main Street?
c. How is the trail crossing of Chestnut Street best managed? If Chestnut is
converted to pedestrian use only (or mainly), does trail crossing yield to
Chestnut Street pedestrian traffic? How? Can north bound one way parking
lot traffic allowed to cross the Chestnut Street pedestrian area? Or should it
continue to be routed to Water Street as it is now?
d. Bike trail support facilities, signage, etc
4. Heritage preservation consulting services
a. Analysis of any proposed streetscape changes on the Downtown Commercial
District's listing on the national register of historic places.
5. Market analysis services
a. See attached "Scope of Baseline Economic Data Studies and Surveys"
C. PROPOSED TIMETABLE:
Pre -submission meeting (optional)
Proposal submittal deadline
City Council approval of contract
Project kick-off meeting. Consultant
receives project input from key City
staff and commences planning process
Completion of plan
1:00 PM, November 18, 2015
3:30 PM, December 4, 2015
December 15, 2015
Week of January 1, 2016
Spring 2017
6 I Downtown Plan RFP
SECTION III. INFORMATION REQUIRED FROM ALL PROPOSALS
A. PROFESSIONAL QUALIFICATIONS
State the full name and address of your organization, and the branch office or other
subordinate element that will perform or assist in performing the work hereunder.
Indicate whether it operates as an individual, partnership, or corporation; if as a
corporation, include the state in which it is incorporated. If applicable, state whether it is
licensed to operate in the State of Minnesota.
Include the number of executive and professional personnel by skill and qualification that
will be employed in the work. Show where these personnel will be physically located
during the time they are engaged in the work. Indicate which of these individuals you
consider key to the successful completion of the study or project. Identify individuals by
name and title that will do the work on this project. Identify the project manager and the
primary contact for the project. If they are different individuals, please explain why.
Resumes or qualifications are required for proposed project personnel.
History of the firm, in terms of length of existence, etc.
B. PAST INVOLVEMENT WITH SIMILAR PROJECTS
List specific types of experience your firm has had in the following areas:
Preparing master plans or master plan amendments.
Preparing downtown plans.
Working with public -citizen groups on planning projects and using innovative
methods to build community support.
C. BRIEF STATEMENT OF PLANNING APPROACH
Submit written narrative of the planning approach that you will utilize for the project.
D. FEE QUOTATION
Submit as part of proposal packet:
Firm name and contact information
Fee proposal for the Downtown Plan update, which includes your firm's „not to
exceed" fee for the total project. The quoted fee shall include estimated
reimbursable fees. The quoted fee shall also include sales tax, if applicable, and
provide the detail.
Also include a per -meeting cost for any meetings that are held beyond those
specified in the proposal.
Signature of authorized firm negotiator/expeditor.
7 I Downtown Plan RFP
E. AUTHORIZED NEGOTIATOR/EXPEDITOR
Include the name and phone number of person(s) in your organization authorized to
negotiate/expedite the proposal contract with the City of Stillwater.
F. ADDITIONAL INFORMATION AND COMMENTS
Include any other information that may be pertinent, but not specifically asked for
elsewhere.
Attachments: Scope of Baseline Economic Data Studies and Surveys
Chapter 6 of 2008 Comp Plan
8 I Downtown Plan RFP
City of Stillwater
Downtown Plan Update
Scope of Baseline Economic Data Studies and Surveys
Purpose
The City will update Chapter 6 (Downtown Stillwater Framework Plan) of its 2008
Comprehensive Plan (aka Downtown Plan) in 2015-16. As part of that updating process,
the City desires a series of thorough studies and surveys to fully assess downtown's
current economic vitality and business mix performance. In other words, to determine
how well downtown really functions economically and what its level of performance is.
These studies and surveys will become an integral part of the updated Downtown Plan.
With a thorough understanding of the economic performance of downtown, the
community will be able to more effectively prioritize desired improvements and
strategies for their implementation. The City, Chamber of Commerce and property
owners will also be able use these studies and surveys to attract and contact those
businesses and uses identified in the resulting recommendations.
Deliverables
1. Downtown Business Owner Survey
The first of four deliverables is a Downtown Business Owner Survey that examines the
current baseline status of all the downtown businesses. The purpose of this study is to
ascertain the overall health and wellness of downtown businesses and to determine the
gross sales volume of downtown.
Knowing the collective sales volume of downtown is central to addressing future
economic needs, disparities and potential capital investment. The general geographical
area included in the survey would contain the businesses located within the designated
historical district. Baseline data would include but not limited to:
• Name and address of business; own or lease space?
• If space is leased: lease dates, renewal options, and likelihood of renewal.
• Demographics including gender, age, education, previous business experience.
• Type of business (by SIC code)
• Business square footage by business type (if leasing to multiple businesses)
• Years in business
• Business sales trends (going up or going down, etc. for example)
• Does the business have a current formal marketing plan? Does it use a business
consultant?
• Does the business have an advisory board or mentor?
• Operation information (hours, owner managed, marketing budget etc.)
• Gross annual sales.
• All information must be presented in aggregated format to maintain anonymity
and privacy.
2 1 Baseline Studies
2. Market Analysis
The second deliverable is a study that examines the current baseline status of all those
who visit downtown businesses. This would identify current shopping patterns,
opportunities for new businesses, and positioning of downtown Stillwater as a
destination.
Knowing the target audiences that are currently coming to downtown will tell us essential
marketing and product mix clues and may provide an outlook as to how this current
audience may be impacted by the changes coming to downtown. This data will be
essential to see if we are targeting the right markets or if we need to adjust future
branding and marketing strategies to gain the right visitor demographics that will support
the new downtown and generate greater economic benefits. The general geographical
area included in the survey would contain interviews located within the designated
historical district. Baseline data would include but not limited to:
• Where they come from (include zip code) and why they came
• Are they browsing and enjoying the town or did they come here with a purpose
• Age and gender type and what or who motivated them to come
• What shops or services did they visit or use
• How often do they visit downtown, how long do they stay and what do they do
• How did they hear about Stillwater and what caused them to come
• How do they view Stillwater compared to similar communities such as White
Bear Lake, Excelsior, Red Wing, etc.
• How much money do they think they spend each time they come
• Average annual income and other essential demographic information
This could involve two sets of surveys, one for people visiting downtown (mostly
tourists) and one sent to area residents (why they do or don't come downtown, etc.?)
3. Business Mix Recommendations
The third of the four deliverables is a report that identifies the gaps and economic
shortfalls of our current downtown as exposed by all the previous mentioned studies.
This report would make recommendations as to the ideal business mix and desired
products and services that would fit with downtown Stillwater. Possible identifiers
include:
• Business types missing or under developed per SIC code / other city comparisons
• Most preferred target market of downtown visitors / repeat spenders with
disposable incomes who seek specific types of stores and experiences
• Best combination of professionally run local businesses and successful brand
businesses
• Strategies to bring awareness and traffic to the north end of downtown
• Strategies to bring foot traffic to side streets and second and third street
• Ideal commercial business mix layout for historical district
3 1 Baseline Studies
4. Marketing Strategies
The final deliverable is a report that outlines the specific criteria and strategies that would
be essential to successfully launch a downtown marketing and promotion campaign. This
report would address many of the issues that have hindered downtown as the premier go-.
to destination. A major focus of this report should be strategies to move Downtown
Stillwater toward a 12 month destination, rather than its current warm season destination
status. Campaign themes and strategies may address:
• All the new amenities, activities, shops and dining experiences
• The perception of a downtown parking problem (this could involve a very
innovative approach to address this issue head on)
• Ways to invite area residents to adopt their own downtown
October 12, 2015
EXHIBIT "A" TO RESOLUTION #2015-184 Page 1
LIST OF BILLS
1st Presbyterian Church
Able Hose & Rubber Inc.
Ace Hardware
Advanced Graphix Inc.
Advanced Sportswear
AirFresh Industries Inc
Aspen Mills
BCA
Bolton and Menk Inc.
Brock White Co. LLC
Bureau of Crim. Apprehension
BWBR
Calibre Press
Carquest Auto Parts
CDW Government Inc.
Century Link
Comcast
Community Thread
Cornerstone Land Surveying
CoStar Realty Information Inc
Creative Homes Inc
Cub Foods
Cummins NPower LLC
Curb Masters Inc.
Custom Fire Apparatus
Diamond Vogel Paints
Downtown Promotion Reporter
ECM Publishers
Ecolab Pest
Emergency Automotive
Emergency Response Solutions
Enterprise FM Trust
Fastenal Company
Fire Safety U.S.A.
G & K Services
Galls LLC
Gopher State One CaII Inc.
Government Finance Officers Asso
Guardian Supply
Hansen Steve
Haussner Plumbing LLC
HD Supply Waterworks Ltd.
Heritage Printing Inc.
ITL Patch Co Inc
Jefferson Fire and Safety Inc.
Park deposit refund
Fire hose and supplies
Supplies
Decals
Embroidery
Fire Dept open house restroom rental
Uniforms
Training course
Myrtle St lift station
Supplies
Terminal access charge
Professional services
Seminar
Auto parts & supplies
Equipment
Telephone
TV, Internet & Voice
Contribution
Land surveying
Property professional
Grading Escrow Refund
Pancake breakfast
Lift station repairs
High volume catch basin
Vehicle repair changes
Field paint
Downtown promotion reporter
Publications
Ant program
2015 Ford Utility
Equipment repair charges
Lease vehicles
Supplies
Uniforms & supplies
Mats & uniforms
Uniforms - polos
Tickets
Membership
Uniform supplies
Reimburse for paid actors
Replace water fountains
Storm sewer repair supplies
White window envelope logo
Uniform supplies
Shield
100.00
786.32
875.87
349.50
20.00
415.00
514.72
250.00
1,305.00
3,672.68
270.00
1,110.50
645.00
129.09
50.31
163.12
275.41
3,818.75
1,000.00
345.08
1,500.00
110.62
509.50
850.00
954.58
312.80
183.50
113.75
412.97
19,410.78
127.07
4,197.29
508.85
676.50
1,149.11
549.87
497.95
190.00
12.00
240.00
1,428.60
232.04
176.00
452.00
95.50
EXHIBIT "A" TO RESOLUTION #2015-184
Jimmys Johnnys Inc.
Kotval Charles & Sandra
Larson Brian
League of MN Cities
Lennar of Minnesota
Loffler Companies
M.J. Raleigh Truck Co.
Madden Galanter Hansen LLP
Mansfield Oil Company
Marshall Electric Company
McCarty John Thomas
Menards
Metropolitan Mechanical Contractors
MN Dept of Labor and Industry
Municipal Emergency Services
Municode
NAPA Auto Parts
Office Depot
Olson Andrea
O'Reilly Auto Parts
Overhead Door Company
Peterson Austin
Pioneer Press
Pro Hydro -Testing
Regency Office Products LLC
Riedel) Shoes Inc.
Spok
St. Croix Ballet
St. Michael's Church
Stillwater Motor Company
Stillwater Rotary Club
Stillwater Towing
SW/WC Service Cooperatives
T.A. Schifsky and Sons
Themed Concepts
Thomas Kim
Toll Gas and Welding Supply
Trans Union LLC
Truck Utilities Inc.
Twin Cities Recreation Inc.
Verizon Wireless
Ward Diane
Water Works Irrigation LLC
WIN -911 Specter Instruments
Xcel Energy
Youth Service Bureau
Zayo Enterprise Networks
Portable restroom rental
Refund of ramp change
Reimburse for mileage - Preservation Conference
Workers Comp Claim
Grading Escow Refunds
Viking adapter
Dirt & C-5
Labor relations services
Fuel
Troubleshhot damaged conduits
Reimburse expenses - Conference WA
Supplies
Boiler Teak
Elevator renewal
Structural gloves
Code of ordinances pages
Auto parts & supplies
Office supplies
Reimburse for expenses - investigation WA
Batteries
Equipment repair charges
Reimburse for hotel for training
Subscriptions - Fire
Hydro -testing DOT storage cylinders
Batteries
Concession supplies
Pagers
Park deposit refund
Park deposit refund
Vehicle service
Membership
Towing service
Retiree Health Insurance & COBRA
Asphalt
Painting at Teddy Bear Park
Yoga classes
Cylinders
Information Charges
Pressure switch
Install equipment at Legends Park
Police Mobile Broadband
Reimburse for office supplies
Irrigation system at Pioneer Park
Software for sewer machine
Info charges
Contribution
Phone
Page 2
715.00
5.00
66.13
4,414.87
4,500.00
113.40
865.69
389.20
7,895.39
2,908.00
362.10
198.02
1,092.58
100.00
1,091.97
257.40
21.11
295.73
429.75
1,209.33
947.00
187.64
252.72
150.00
26.60
856.40
47.20
100.00
100.00
58.48
373.00
250.00
54,543.83
3,862.86
4,650.00
80.00
40.68
35.00
218.06
5,205.00
591.63
55.70
20,202.00
395.00
5.00
2,500.00
497.69
EXHIBIT "A" TO RESOLUTION #2015-184
Ziegler Inc.
LIBRARY
Ace Hardware
Antonsen Robert
Baker and Taylor
Blackstone Audio
Brodart Co
Culligan of Stillwater
G & K Services
Heritage Printing Inc.
Jacobsen Aurora
Midwest Tape
Star Tribune
Toshiba Business Solutions
Value Line Publishing Inc.
Washington County Library
Water Works Irrigation LLC
Equipment repair supplies
Janitorial Supplies
Reimbursement - Wedding Overpayment
Materials
Materials
Materials
Water
Towles & Rugs
Printing
Staff Reimbursment - Parking & Mileage
Materials
Materials - Periodical
Maintenance Contract
Materials - Reference
Materials
Maintenance
Page 3
328.96
15,98
400.00
75.85
147.99
1,562.47
14.55
82.54
322.10
87.39
911.18
350.48
84.68
289.00
946.11
150.00
RESOLUTION 2015-185
APPROVING HEALTH AND DENTAL INSURANCE PREMIUMS AND CITY CONTRIBUTION
EFFECTIVE JANUARY 1, 2016
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the monthly premium increase
for the City's group health, dental insurance and flexible spending scheduled to become effective January 1, 2016,
as listed below, is approved:
HEALTH INSURANCE INDIVIDUAL DEPENDENT
Traditional Renewal: $784.00 $2,063.00
Triple Gold Renewal: $718.50 $1,889.00
Silver Plan Renewal $595.00 $1,565.00
DENTAL INSURANCE
INDIVIDUAL DEPENDENT
Delta Dental Renewal
$42.10 $124.50
BE IT FURTHER RESOLVED, that effective January 1, 2016 through December 31, 2016 the City shall
contribute the following toward the City's group health insurance premiums for all benefits eligible employees:
City
All Other Employees AFSCME
Police Sergeants
Traditional $1,161.86 per month $1,151.86 $1,230.10
Triple Gold $1,161.86 per month $1,151.86 $1,230.10
Silver Plan $1,161.86 per month $1,151.86 $1,230.10
BE IT FURTHER RESOLVED, that effective January 1, 2016 through December 31, 2016 the City shall
contribute the following toward the City's group dental insurance premiums for all benefits eligible employees:
Delta Dental $42.10 per month
The above City Contributions shall be pro -rated, in accordance with the appropriate labor contracts and
employment agreement, for those benefits eligible employees that receive pro -rated benefits.
BE IT FURTHER RESOLVED, that effective January 1, 2016 the maximum election amounts for Flexible
Spending are as follows:
Medical Maximum Election $2,550.00 Dependent Care Maximum Election $5,000.00
Adopted by the City Council this 20th day of October, 2015.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
RESOLUTION 2015-186
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY
OF STILLWATER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Stillwater on behalf of its Prosecuting Attorney and Police Department desires to
enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of
Criminal Apprehension to use systems and tools available over the State's criminal justice data
communications network for which the City is eligible. The Joint Powers Agreements further provide the
City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the
agreement and obligates the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of
Stillwater on behalf of its Prosecuting Attorney and Police Department, are hereby approved.
Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it.
2. That the Police Chief, John Gannaway, or his or her successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to
sign any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Police Captain
is appointed as the Authorized Representative's designee.
3. That the City Attorney, David T. Magnuson (Magnuson Law Firm) or his or her successor, is
designated the Authorized Representative for the Prosecuting Attorney. The Authorized
Representative is also authorized to sign any subsequent amendment or agreement that may be
required by the State of Minnesota to maintain the City's connection to the systems and tools
offered by the State. To assist the Authorized Representative with the administration of the
agreement, City Administrator is appointed as the Authorized Representative's designee.
4. That Ted Kozlowski-, the Mayor for the City of Stillwater, and Diane F. Ward, the City Clerk, are
authorized to sign the State of Minnesota Joint Powers Agreements.
Adopted by the Council on this 20th day of October, 2015.
CITY OF STILLWATER
By: Ted Kozlowski
Its Mayor
ATTEST:
By:Diane F. Ward
Its City Clerk
SWIFT Contract # 101544
MN0820600
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZED AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of Stillwater on behalf of its Police Department ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data
communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories
of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to
access these data in support of its official duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
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2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
https://app.dps.mn.gov/cjdn.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-
divisions/mnj is/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's
transaction record meets FBI-CJIS requirements.
When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
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keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public
Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that
are kept by the Agency. The transaction record must include the individual user who requested access, and the date,
time and content of the request. The transaction record must also include the date, time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business
day of the BCA's request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
of the Court Records delivered through the BCA systems and tools.
2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is
required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based
background check on each vendor employee as well as records of the completion of the security awareness training
that may be relied on by the Agency.
3 Payment
The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn.
Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Two Hundred Seventy
Dollars ($270.00) or a total annual cost of One Thousand Eighty Dollars ($1,080.00).
Agency will identify its contact person for billing purposes, and will provide updated information to BCA's
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
The Agency's Authorized Representative is Chief John Gannaway, 216 N 4th Street, Stillwater, MN 55082,
(651) 351-4900, or his/her successor.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, their successors in office, or another individual duly authorized.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
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6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency's liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, "Individual User" means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA
becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to
any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform
BCA subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
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MN0820600
Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a
collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User's access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's
determination controls.
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
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MN0820600
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name:
(PRINTED) Name:
Signed:
(PRINTED)
Signed:
Title:
(with delegated authority) Title:
(with delegated authority)
Date:
Date:
3. COMMISSIONER OF ADMINISTRATION
Name: delegated to Materials Management Division
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
6
By:
Date:
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by
the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, ("BCA") and the City of Stillwater on behalf of its Police Department
("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through
any legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 101544, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the
Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or
more BCA systems and tools to access and/or submit Court Records to assist the Agency in the
efficient performance of its duties as required or authorized by law or court rule. Court desires to
permit such access and/or submission. This Subscriber Amendment is intended to add Court as a
party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court
that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers
Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization
Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber
Amendment on behalf of Court. Upon execution the Subscriber Amendment will be
incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the
Court desire to amend the CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in
effect until expiration or termination of the CJDN Subscriber Agreement unless terminated
earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber
Amendment with or without cause by giving written notice to all other parties. The effective
date of the termination shall be thirty days after the other party's receipt of the notice of
termination, unless a later date is specified in the notice. The provisions of sections 5 through 9,
12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as
shall any other provisions which by their nature are intended or expected to survive such
termination. Upon termination, the Subscriber shall perform the responsibilities set forth in
paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall
have the meaning assigned to such term in the CJDN Subscriber Agreement.
1
a. "Authorized Court Data Services" means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to
an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers ("Master Authorization Agreement") between the Court
and the BCA.
b. "Court Data Services" means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which
the current address is www.courts.state.mn.us) or other location designated by the Court,
as the same may be amended from time to time by the Court.
c. "Court Records" means all information in any form made available by
the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. "Court Case Information" means any information in the Court
Records that conveys information about a particular case or
controversy, including without limitation Court Confidential Case
Information, as defined herein.
ii. "Court Confidential Case Information" means any information in
the Court Records that is inaccessible to the public pursuant to the
Rules of Public Access and that conveys information about a particular
case or controversy.
iii. "Court Confidential Security and Activation Information" means
any information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services
user manuals, Court Data Services Programs, Court Data Services
Databases, and other technical information.
iv. "Court Confidential Information" means any information in the
Court Records that is inaccessible to the public pursuant to the Rules
of Public Access, including without limitation both i) Court
Confidential Case Information; and ii) Court Confidential Security
and Activation Information.
d. "DCA" shall mean the district courts of the state of Minnesota and their
respective staff.
e. "Policies & Notices" means the policies and notices published by the
Court in connection with each of its Court Data Services, on a website or other location
designated by the Court, as the same may be amended from time to time by the Court.
Policies & Notices for each Authorized Court Data Service identified in an approved
request form under section 3, below, are hereby made part of this Subscriber Amendment
by this reference and provide additional terms and conditions that govern Subscriber's
use of Court Records accessed through such services, including but not limited to
provisions on access and use limitations.
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f. "Rules of Public Access" means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from
time to time by the Court entitled Limits on Public Access to Case Records or Limits on
Public Access to Administrative Records, all of which by this reference are made a part of
this Subscriber Amendment. It is the obligation of Subscriber to check from time to time
for updated rules, lists, and tables and be familiar with the contents thereof. It is
contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial
Branch website, for which the current address is www.courts.state.mn.us.
g.
Office.
"Court" shall mean the State of Minnesota, State Court Administrator's
h. "Subscriber" shall mean the Agency.
i. "Subscriber Records" means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber
Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one
or more separate requests for Authorized Court Data Services. The BCA is authorized in the
Master Authorization Agreement to process, credential and approve such requests on behalf of
Court and all such requests approved by the BCA are adopted and incorporated herein by this
reference the same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of
the BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data
Services previously requested by submitting a notice to Court with a copy to the BCA.
Promptly upon receipt of a request for termination of an Authorized Court Data Service,
the BCA will deactivate the service requested. The termination of one or more
Authorized Court Data Services does not terminate this Subscriber Amendment.
Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon
termination of Authorized Court Data Services, the Subscriber shall perform the
responsibilities set forth in paragraph 7(f) hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's
access to and/or submission of the Court Records shall be limited to Authorized Court Data
Services identified in an approved request form under section 3, above, and other Court Records
necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services
shall only be used according to the instructions provided in corresponding Policies & Notices or
other materials and only as necessary to assist Subscriber in the efficient performance of
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Subscriber's duties required or authorized by law or court rule in connection with any civil,
criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or
before any self-regulatory body. Subscriber's access to the Court Records for personal or non-
official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data
Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other
Authorized Court Data Services documentation, and upon any such unauthorized use or
attempted use the Court may immediately terminate this Subscriber Amendment without prior
notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber's duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber's obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber's bona fide personnel whose use or access is necessary to effect the purposes
of this Subscriber Amendment, and to advise each individual who is permitted use of
and/or access to any Court Confidential Information of the restrictions upon disclosure
and use contained in this Subscriber Amendment, requiring each individual who is
permitted use of and/or access to Court Confidential Information to acknowledge in
writing that the individual has read and understands such restrictions. Subscriber shall
keep such acknowledgements on file for one year following termination of the Subscriber
Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide
the Court with access to, and copies of, such acknowledgements upon request. For
purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean
individuals who are employees of Subscriber or provide services to Subscriber either on a
voluntary basis or as independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality
and security of Court Confidential Information shall survive the termination of this
Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their
relationship with Subscriber.
e. That, notwithstanding any federal or state law applicable to the
nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this
Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide
personnel are founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court
Records. Court reserves the right to make modifications to the Authorized Court Data Services,
Court Data Services Programs, and Court Data Services Databases, and related materials without
notice to Subscriber. These modifications shall be treated in all respects as their previous
counterparts.
a. Court Data Services Programs. Court is the copyright owner and
licensor of the Court Data Services Programs. The combination of ideas, procedures,
processes, systems, logic, coherence and methods of operation embodied within the Court
Data Services Programs, and all information contained in documentation pertaining to the
Court Data Services Programs, including but not limited to manuals, user documentation,
and passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and
licensor of the Court Data Services Databases and of all copyrightable aspects and
components thereof. All specifications and information pertaining to the Court Data
Services Databases and their structure, sequence and organization, including without
limitation data schemas such as the Court XML Schema, are trade secret information of
Court and its licensors.
c. Marks. Subscriber shall neither have nor claim any right, title, or interest
in or use of any trademark used in connection with Authorized Court Data Services,
including but not limited to the marks "MNCIS" and "Odyssey."
d. Restrictions on Duplication, Disclosure, and Use. Trade secret
information of Court and its licensors will be treated by Subscriber in the same manner as
Court Confidential Information. In addition, Subscriber will not copy any part of the
Court Data Services Programs or Court Data Services Databases, or reverse engineer or
otherwise attempt to discern the source code of the Court Data Services Programs or
Court Data Services Databases, or use any trademark of Court or its licensors, in any way
or for any purpose not specifically and expressly authorized by this Subscriber
Amendment. As used herein, "trade secret information of Court and its licensors" means
any information possessed by Court which derives independent economic value from not
being generally known to, and not being readily ascertainable by proper means by, other
persons who can obtain economic value from its disclosure or use. "Trade secret
information of Court and its licensors" does not, however, include information which was
known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly,
from Court or its licensors, information which is independently developed by Subscriber
without reference to or use of information received from Court or its licensors, or
information which would not qualify as a trade secret under Minnesota law. It will not be
a violation of this section 7, sub -section d, for Subscriber to make up to one copy of
training materials and configuration documentation, if any, for each individual authorized
to access, use, or configure Authorized Court Data Services, solely for its own use in
connection with this Subscriber Amendment. Subscriber will take all steps reasonably
necessary to protect the copyright, trade secret, and trademark rights of Court and its
licensors and Subscriber will advise its bona fide personnel who are permitted access to
5
any of the Court Data Services Programs and Court Data Services Databases, and trade
secret information of Court and its licensors, of the restrictions upon duplication,
disclosure and use contained in this Subscriber Amendment.
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if
any, and Subscriber will include in and/or on any copy of the Court Data Services
Programs or Court Data Services Databases, or trade secret information of Court and its
licensors and any documents pertaining thereto, the same copyright and other proprietary
notices as appear on the copies made available to Subscriber by Court directly or through
the BCA, except that copyright notices shall be updated and other proprietary notices
added as may be appropriate.
f. Title; Return. The Court Data Services Programs and Court Data
Services Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any,
made available by the Court to Subscriber directly or through the BCA and all copies,
including partial copies, thereof are and remain the property of the respective licensor.
Except as expressly provided in section 12.b., within ten days of the effective date of
termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within
ten days of a request for termination of Authorized Court Data Service as described in
section 4, Subscriber shall either: (i) uninstall and return any and all copies of the
applicable Court Data Services Programs and Court Data Services Databases, and related
documentation, including but not limited to training and configuration materials, if any,
and logon account information, if any; or (2) destroy the same and certify in writing to
the Court that the same have been destroyed.
S. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's
licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would
not have an adequate remedy at law in the event of an actual or threatened violation by
Subscriber of its obligations, Therefore, Subscriber agrees that the Court, Court's licensors, and
DCA shall be entitled to an injunction or any appropriate decree of specific performance for any
actual or threatened violations or breaches by Subscriber or its bona fide personnel without the
necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary
damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,
department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's
licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the
extent authorized by law and shall not be responsible for the acts of any others and the results
thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability
of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau
of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if
Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
6
governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or
other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the
BCA is governed by a separate agreement between the Court and the BCA dated December 13,
2010 with DPS -M -0958.
10. AVAILABILITY. Specific terms of availability shall be established by the
Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the
right to terminate this Subscriber Amendment immediately and/or temporarily suspend
Subscriber's Authorized Court Data Services in the event the capacity of any host computer
system or legislative appropriation of funds is determined solely by the Court to be insufficient
to meet the computer needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere
in this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber's
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to
and use of Authorized Court Data Services and Court Records by Subscriber's bona fide
personnel or by means of Subscriber's equipment or passwords, whether or not
Subscriber has knowledge of or authorizes such access and use. Subscriber shall also
maintain a log identifying all persons to whom Subscriber has disclosed its Court
Confidential Security and Activation Information, such as user ID(s) and password(s),
including the date of such disclosure. Subscriber shall maintain such logs for a minimum
period of six years from the date of disclosure, and shall provide the Court with access to,
and copies of, such logs upon request. The Court may conduct audits of Subscriber's
logs and use of Authorized Court Data Services and Court Records from time to time.
Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly
provide access by the Court to such logs, the Court may terminate this Subscriber
Amendment without prior notice to Subscriber.
c. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential
Information, or trade secret information of the Court and its licensors where such persons
are alleged to have violated the provisions of this Subscriber Amendment, Policies &
Notices, Judicial Branch policies, or other security requirements or laws regulating access
to the Court Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a
Minnesota Government entity that is subject to the Minnesota Government Data Practices
7
Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not
subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat,
section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court for access to Court
Records provided via the BCA systems and tools under this Subscriber Amendment; (3)
the use of and access to Court Records may be restricted by rules promulgated by the
Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable
restrictions must be followed in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set
forth in applicable Policies & Notices, together with applicable sales, use or other taxes.
Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant
to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined
in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice
Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes,
if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not
paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber
Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber
certifies that funds have been appropriated for the payment of charges under this Subscriber
Amendment for the current fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the
Policies & Notices as provided herein, and the modified fees shall be effective on the date
specified in the Policies & Notices, which shall not be less than thirty days from the publication
of the Policies & Notices. Subscriber shall have the option of accepting such changes or
terminating this Subscriber Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA
8
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications
to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
hereunder shall be deemed to have been received when personally delivered in writing or
seventy-two (72) hours after it has been deposited in the United States mail, first class, proper
postage prepaid, addressed to the party to whom it is intended at the address set forth on page
one of this Agreement or at such other address of which notice has been given in accordance
herewith.
18. NON -WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or
in equity, or to exercise any option herein provided, shall not constitute a waiver of such
provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The
waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply
solely to the instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for
failure or delay in the performance of their respective obligations hereunder caused by acts
beyond their reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns, including any other legal entity
into, by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or
federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions
of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
9
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Subscriber Amendment in duplicate, intending to be bound thereby.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05.
Name:
Signed:
(PRINTED)
3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name:
(PRINTED)
Signed:
Title:
Date: (with delegated authority)
SWIFT Contract No. Date:
2. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By:
Name: Date:
(PRINTED)
Signed:
5. COURTS
Authority granted to Bureau of Criminal Apprehension
Name:
Title: (PRINTED)
Signed:
Title:
Name: (with authorized authority)
Date:
Signed:
(with delegated authority)
Date:
(PRINTED)
Title:
(with delegated authority)
Date:
10
Memo
DATE: October 13, 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 1St 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 Billing Quarter
Circumstance Winter Average Gallons Adjustment for
1 Toilet Leak
From 104,000 3rd
To 15,000
Stillwater Police
Department
Memo
To: Mayor and City Council Members
From: John Gannaway, Police Chief
cc: City Administrator J. Thomas McCarty
Date: October 5, 2015
Re: Replacement of Squad Weapons - Shotguns
Each marked squad car (10) in the Police Dept. fleet has both a semi-automatic rifle and a
shotgun, giving the officers the ability to deploy one or the other depending on the
situation. The current shotguns are over twenty (20) years old and are prone to
malfunctions, especially with training ammunition.
The PD has selected the replacement shotgun to be the Benelli Super Nova Tactical 12 Ga.
Pump Shotgun. A quote from Cabela's is the lowest price, at $449.99, for fifteen guns, at a
total of $7222.35. We need the spare shotguns for training guns, less -lethal capability, and
for non -uniformed personnel.
This request was originally a 2015 Budget Capital expenditure as an ATV, but after some
internal staff discussion, we requested that the funding be used for shotguns instead,
simply put, the need is higher for replacement shotguns. The amount was $13,000.
Memo
DATE: October 8, 2015
TO: Mayor & City Council
FROM: Sharon Harrison
Finance Director
RE: GASB 67 & 68
BACKGROUND
The Government Accounting Standards Board (GASB) has issued two new statements,
GASB 67 (Financial Reporting for Pension Plans an amendment of GASB 25) and
GASB 68 (Accounting and Financial Reporting for Pensions an amendment of GASB
27), What these statements mean is that there are new accounting guidelines for
pension plans and one of the requirments of these guidelines is an acturarial study on
the Stillwater Fire Relief Association.
Attached to this memo is an agreement from Hildi, Inc. to perform those acturarial
services costing $2,400 to $2,900. Hildi, Inc has in the past provided the City's
acturarial for Other Post Employment Benefits (OPEB). They have provided timely
results and work extremely well with our auditors.
This information will be part of the City's required annual financial reporting. A financial
statement without this information will result in a qualified opinion from the auditors
which has a significant impact on the City's bond rating and its ability to finance at low
interest rates. In addition, the State Auditor will direct the City to rectify the qualified
opinion.
FUNDING
Finance Department's operating budget.
RECOMMENDATION
Staff recommends using Hildi, Inc to perform an acturarial study on the Stillwater Fire
Relief Association.
ACTION REQUIRED
If Council agreements with staffs recommendation, Council should pass the attached
resolution and authorize the Mayor to sign the attached agreement.
AGREEMENT FOR CONSULTING SERVICES
This Agreement for Consulting Services ("Agreement") is entered into and dated
February 12, 2015 by and between Hildi Inc. with offices located at 11800 Singletree
Lane, Suite 305, Minneapolis, MN 55344 (hereinafter referred to as the "Consultant") and
the City of Stillwater with offices located at 216 4th St. N, Stillwater, MN 55082
(hereinafter referred to as the "Company"). Company and Consultant are jointly referred
to as the "parties."
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, AND
FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF
WHICH IS HEREBY ACCEPTED, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Description of Services. Consultant will perform certain services for Company
upon terms and conditions specified herein and as such services are more
particularly described in Exhibit(s), which are attached hereto and incorporated by
this reference.
2. Prices and Payment. Company agrees to pay Consultant the fees set forth in the
applicable Exhibit(s). Consultant anticipates invoicing the Company monthly for
services provided. Payment will be due in full within fifteen (15) days of receipt of
Consultant's invoice. Company agrees to pay interest on all overdue amounts at
a rate of twelve percent (12%) per annum or the rate allowed by law, which ever
is less, plus costs of collection, court costs, and reasonable attorney fees on all
such amounts.
3. Travel Expenses. Company agrees to reimburse Consultant for its reasonable and
necessary out-of-pocket lodging, transportation, and food incurred at the
Company's request. Consultant agrees to provide reasonable expense
documentation. Whenever possible, Consultant agrees to take advantage of travel
discounts. All air travel by Consultant shall be on major national or regional
airlines, and Consultant and its representatives may keep their frequent flier miles
earned for their personal usage.
4. Ownership of Work Product. Ownership of, and all rights in, the work product
which is the subject matter of this Agreement (the "Work"), including trademarks,
patents and copyrights applicable to same, shall belong exclusively to Company.
The parties expressly agree to consider as a "work made for hire" any Work
ordered or commissioned by the Company which qualifies as such under the
United States copyright laws. To the extent that the Work cannot be a "work made
for hire" or where necessary for any other reason, Consultant will provide Company
with all such assignments of rights, covenants and other assistance which may be
required for Company, through trademark, patent or copyright applications or
otherwise, to obtain the full benefit of the rights provided for herein. If the Work
contains materials previously developed or copyrighted by Consultant or others,
Consultant grants and agrees to grant to Company, or obtain for Company, an
unrestricted, royalty -free license to use and copy such materials. Any license so
1
granted or obtained shall include the right for Company to grant an unrestricted,
royalty -free license to any affiliate of Company. Consultant is allowed to retain one
copy of the Work for archival purposes. Consultant shall place a copyright notice
on the Work at Company's request. The Work shall be considered "Information"
under the Section entitled "Nondisclosure."
5. Nondisclosure. Any technical or business information, including, but not limited to,
computer programs, files, specifications, drawings, sketches, models, samples,
tools, cost data, customer information, financial data, business or marketing plans
or other data, whether oral, written or otherwise ("Information"), furnished or
disclosed to Consultant hereunder or in contemplation hereof, shall remain
Company's property. No license, express or implied, under any trademark, patent
or copyright is granted by Company to Consultant by virtue of such disclosure. All
such information in written, graphic or other tangible form shall be returned to the
Company immediately upon request and copies shall be returned to the Company
or, at Company's option, certified by Consultant as having been located and
destroyed. Consultant shall be allowed to retain one copy of the Information for
archival purposes. Unless such Information was previously known to Consultant
free of any obligation to keep it confidential, is lawfully obtained by Consultant from
any source other than Company or has been or is subsequently made public by
Company or a nonparty to this Agreement, is approved for release by written
authorization of the Company, or is required by law to be disclosed in response to
a valid order of a court of competent jurisdiction or authorized governmental
agency, provided the Company receives adequate notice to allow it to request a
protective order and the Consultant reasonably cooperates with the Company's
efforts to receive a protective order, it shall be kept confidential by Consultant for
the benefit of Company, shall be used only in performing under this Agreement
and shall not be used for other purposes except upon such terms as may be
agreed upon by Company in writing. Consultant shall take reasonable steps to
protect such Information to a similar extent that Consultant protects its own
Information.
6. Liability. Consultant shall indemnify Company and its affiliates against, and shall
hold Company and its affiliates harmless from, any loss, damage, expense or
liability that may in any way arise out of or result from the performance of
Consultant hereunder and caused by or resulting from the gross negligence or
intentional misconduct of Consultant, including but not limited to any knowing
infringement, or claim of infringement, of any patent, trademark, copyright, trade
secret or other proprietary right of a third party or of Consultant or anyone claiming
through Consultant who may be eligible to terminate any assignment or transfer
made hereunder pursuant to the terms of the copyright laws up to the amount paid
by the Company to the Consultant under a given applicable Exhibit(s). Consultant
shall defend or settle, at its own expense, any action or suit against Company or
its affiliates for which itis responsible hereunder. Company shall notify Consultant
of any such claim, action or suit and shall reasonably cooperate with the
Consultant (at Consultant's expense) to facilitate the defense of any such claim.
2
7 Limitation. In no event shall company or consultant be liable, one to the other, for
indirect, special, incidental, or consequential damages arising out of or in
connection with the furnishing, performance or use of any products or services
provided pursuant to this agreement.
8. Limited Warranties. Consultant warrants and represents that it has full authority
to enter into this Agreement and to consummate the transactions contemplated
hereby and that this Agreement is not in conflict with any other agreement to which
Consultant is a party or by which it may be bound.
Consultant warrants and represents that Consultant has the proper skill, training
and background so as to be able to perform in a competent and professional
manner and that all work will be performed in accordance with professional
standards in the industry and/or field.
9. Headings. Section headings used in this Agreement are for convenience only,
have no legal significance, and in no way change the construction or meaning of
the terms hereof.
10. Insurance. Upon request by Company, Consultant shall provide to Company,
copies of certificates of insurance evidencing the workers compensation, general
liability and automobile insurance coverage that Consultant has in effect and
Consultant shall maintain such insurance in effect through the duration of the
Agreement.
11. Amendment and Waiver. No provision of this Agreement may be modified, waived,
terminated or amended except by a written instrument executed by the parties. No
waiver of a material breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or other provisions hereof.
12. Relationship. The Consultant shall be and act as an independent contractor
hereunder, and neither Consultant nor any employee, agent, associate,
representative or subcontractor shall be deemed to be employees of the Company
for any purpose whatsoever.
13. Force Majeure. Neither party will be liable for any failure or delay in performance
due to any cause beyond its reasonable control, including, but not limited to acts
of nature, strikes, fire, flood, explosion, riots, or wars, provided that personnel
changes, including unanticipated employee departures, shall not be considered to
be an event or condition of force majeure.
3
14. Notices. All notices and other communications required or permitted under this
Agreement shall be in writing, and hand delivered or sent by registered or certified
mail, return -receipt requested, postage prepaid, or by overnight delivery service
and shall be effective upon receipt at the following addresses or as either party
shall have notified the other party:
If to Company:
If to Consultant:
Ms. Sharon Harrison
Finance Director
City of Stillwater
216 4th St. N
Stillwater, MN 55082
Hildi Inc.
11800 Singletree Lane
Suite 305
Minneapolis, MN 55344
Attn: Jill Urdahl, FSA
President/Consulting Actuary
15. Assignment. Consultant shall not assign this Agreement or delegate the services
to be performed hereunder, in whole or in part, or any of its rights, interest, or
obligations hereunder without Company's express written consent.
16. Law Government. This Agreement shall be governed by the laws of the State of
Minnesota, without regard to or application of conflicts of law rules or principles.
17. Taxes. Consultant shall assume full responsibility for the payment of all taxes
imposed by any federal, state, local taxes or foreign taxing authority and all
contributions imposed or required under unemployment insurance, social security
and income tax laws, with respect to performance of services for Company
hereunder.
18. Termination. Any Exhibit(s) to this Agreement may be terminated by either party
upon thirty (30) days written notice to the other party. This Agreement may be
terminated by either party upon ninety (90) days written notice to the other party.
Company agrees to pay for all services provided by Consultant and related travel
expenses incurred by Consultant through the date of termination of the Exhibit(s)
and/or the Agreement as applicable.
19. Entire Agreement. This constitutes the entire agreement between the parties
regarding the subject matter hereof. This Agreement shall be binding on the
affiliates, administrators, executors, heirs, successors in interest, or assigns of
Consultant.
4
IN WITNESS WHEREOF, authorized representatives of the Company and the Consultant
have executed this Agreement in duplicate.
Company: City of Stillwater Consultant: Hildi Inc.
By: By:
(Authorized Signature) (Authorized Signature)
Name: Name: Jill Urdahl
(Print or Type)
Title: Title: President
(Print or Type)
Date: Date:
(Please Note: A Signature is required on both page 5 and page 6. Thank you.)
5
Exhibit 1 to
AGREEMENT FOR CONSULTING SERVICES
Consultant and Rate Schedule
Consultant
Representative's
Name
Title
Effective Start
Date
Expected End
Date
Hildi Inc. Actuaries and
Consultants
Consulting Actuaries
TBD
TBD
Base Fees
The approximate budget for Hildi Inc. consulting services is as follows:
• GASB 67&68 Actuarial Valuation: $2,400 - $2,900
These Base Actuarial Fees include the following:
• An Actuarial Report including all information required by GASB Statement 67&68 for
the Relief Association pension plan. Hildi Inc. will provide an electronic copy.
• Availability via conference call to discuss the results and answer questions.
• Teleconferencing with the actuaries on pending or anticipated issues which may
affect the actuarial valuation/report. If any work is needed based on one of the
outcomes of a teleconference, a fee will be agreed upon before any work is initiated.
• Periodic memos and telephone calls to provide updates on developments that may
affect future actuarial reports.
The term of the Agreement for Consulting Services is for the January 1, 2015 GASB
67&68 actuarial valuation. This valuation can be used for plan (Relief Association)
disclosure cycle ending December 31, 2014 and the plan sponsor (city) disclosure cycle
ending December 31, 2015. All quotes assume the plan provisions and assumptions
remain unchanged from the last actuarial valuation (if applicable). Additional charges may
occur if there is out of scope work due to inaccurate or insufficient data provided by the
Company, changes in funding or investment policy, or changes to plan provisions.
SERVICES OR REQUIREMENTS:
The Agreement for Consulting Services is dated February 12, 2015.
Company: City of Stillwater Consultant: Hildi Inc.
(Authorized Signature)
(Authorized Signature)
(Date)
(Please Note: A Signature is required on both page 5 and page 6. Thank you.)
(Date)
Memorandum
To: Mayor and City Council
From: Diane Ward, City Clerk
Date: 10/15/2015
Subject: Library Board
Mr. Craig Hansen has applied and was interviewed to be a member on the Library
Board to fill the unexpired term of Tom Corbett. We published the opening in the Gazette,
and the deadline for receiving applications has passed. All appliants were interviewed and
at their regular meeting, the Library Board Chair and Council Representative recommend
that Mr. Hansen be appointed.
ACTION REQUIRED:
If Council wishes to appoint Mr. Hansen, Council should pass a motion adopting
Resolution 2015-, appointing Mr. Hansen to the Library Board with his term expiring
December 31, 2016.
/nm
APPOINTMENT TO LIBRARY BOARD
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater,
Minnesota, hereby appointed the following at their Ocotber 20, 2015 regular City Council
meeting:
Craig Hansen Term Expires - December 31, 2016
Adopted by Council this 20th day of October, 2015.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
RESOLUTION OF APPROVAL OF ADDENDUM NO. 2 TO
STILLWATER LOG JAM AGREEMENT
DATED JUNE 6, 2015
(THE AGREEMENT)
BE IT RESOLVED, by the City Council of Stillwater, MN that Addendum No. 2 to the
2015 Stillwater Log Jam Agreement dated June 6, 2015 between Locals, Inc. and the
City of Stillwater for use of the of the City's Lumberjack Days and the Lumberjack
Days logo, as on file with the City Clerk, is hereby approved.
BE IT RESOLVED, that this addendum may become a part of the 2016 Log Jam
Agreement to be completed in the spring of 2016; and
BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor
to sign the contract on the City's behalf.
Adopted by the City Council of the City of Stillwater this 20th day of October, 2015.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
ADDENDUM NO. 2 TO
STILLWATER LOG JAM AGREEMENT
DATED JUNE 6, 2015
(THE AGREEMENT)
This Agreement is Addendum No. 2 to the Agreement between the City of Stillwater,
MN ("City"), and the Locals, Inc., a Minnesota non-profit corporation ("Association") for
management and staging of the community wide celebration known as the "Stillwater Log Jam
Celebration" as approved by the City on June 6, 2015.
1) License to use Trade Name and Trademark. This Addendum grants to
the Association the right to use the trade name and trademark
"Lumberjack Days" and the Lumberjack Days logo as the title of the
celebration and in any promotional material generated or reproduced to
advertise and generate interest in the celebration. The rights granted are
limited to the term of the Agreement and no ownership or other rights are
granted to Association or any of their officers, employees or contractors
beyond the express rights granted by this Addendum. The consideration
for the grant is the good will and positive economic impact of the
Celebration to the businesses of the City.
In all other ways, the Agreement will remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
20th day of October, 2015.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
On this day of October, 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
Minnesota Municipal corporation.
Notary Public
LOCALS
A Minnesota Non -Profit
By
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of October, 2015,
by , the , duly authorized
officers of the LOCALS.
Notary Public
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
MEMORANDUM
TO: Mayor and City Council
FROM: Shawn Sanders, irector of Public Works
DATE: October 15th, 2015
RE: Feasibility Study for 2015 Street Improvement Project (Project No. 2016-02)
DISCUSSION
Engineering staff would like to proceed with the 2016 Street Improvement Project. Authorization of a
feasibility study is the first step in the process. Street, utilities, drainage, trails and sidewalks
improvements will be looked at part of the study
It is proposed that the following streets be considered for the 2016 Street Improvement Project:
Street Name Anticipated Construction Method
Tower Drive (Northwestern to east of Washington Pavement mill and overlay
Avenue)
Gilbert Court, Benson Blvd West, Lydia Circle,
Highland Road, Highland Court
Neal Avenue (Boutwell Road to Mckusick)
Olive Street (Holcombe to William Street)
Pavement mill and overlay
Total Reconstruction
Total Reconstruction
Orleans Street(4th Ave to 2nd Ave), Oxboro/64th Total Reconstruction
Street N, Osman Ave, Ozark Ave, and 63rd Street
We will work with Oak Park Heights for those streets that share common border, Oxboro, 64thAve and
Orleans Street.
RECOMMENDATION
Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for the
streets listed above for the 2016 Street Improvement Project.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting Resolution No.
2015- , RESOLUTION ORDERING PREPARATION OF REPORT FOR 2016 STREET
IMPROVEMENTS (Project 2016-02).
RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT
FOR 2016 STREET IMPROVEMENT PROJECT
PROJECT 2016-02
BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the
proposed improvement be referred to the City Engineer for study and that he is instructed to
report to the Council with all convenient speed advising the Council in a preliminary way as to
whether the proposed improvement is feasible and as to whether it should best be made as
proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Council this 20th day of October 2015.
ATTEST:
Diane F. Ward, City Clerk
Ted Kozlowski, Mayor
2016 STREET IMPROVEMENT PROJECT
2016-02
LEGEND (PROJECT TYPE)
PROPOSED
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— PROPOSED STREET
RECONSTRUCT
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MEMORANDUM
TO: Mayor and City Council
FROM: Shawn Sanders, Director of Public Works
DATE: October 14, 2015
SUBJECT: 2016 Sidewalk Rehabilitation Project
DISCUSSION:
It has been since 2009, since the City last had a sidewalk rehabilitation project. Sidewalk
rehabilitation projects include those areas that are severely cracked, heaved, settled, or
misaligned, such that they may cause people to trip. For this project, we would be
considering areas in the downtown and in the southwest portion of the City, and would
also include properties where we have received requests for sidewalk repair. An amount
of $100,000 has been budgeted for a project in 2016. Sidewalk replacements are paid
50% from City funds and 50% from assessments to the adjacent property owner.
In order to proceed with the project this year, the first step is for Council to authorize
staff to prepare a feasibility report.
RECOMMENDATION:
It is recommended that Council consider a sidewalk rehabilitation project for 2016 and
authorize staff to prepare a feasibility report.
ACTION REOUIRED:
If Council concurs with the recommendation they should pass a motion approving
RESOLUTION 2016- RESOLUTION ORDERING PREPARATION OF
FEASIBILITY REPORT FOR THE 2016 SIDEWALK REHABILITATION
PROJECT (PROJECT 2016-03).
RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT
FOR 2016 SIDEWALK REHABILITATION PROJECT
PROJECT 2016-03
BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the
proposed improvement be referred to the City Engineer for study and that he is instructed to
report to the Council with all convenient speed advising the Council in a preliminary way as to
whether the proposed improvement is feasible and as to whether it should best be made as
proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Council this 20th day of October 2015.
ATTEST:
Diane F. Ward, City Clerk
Ted Kozlowski, Mayor
ETRO CITIES
Association of Metropolitan Municipalities
Association of Municipalities
October 9, 2015
TO: City Managers/Administrators
FROM: Patricia Nauman, Executive Director
RE: Draft 2016 Legislative Policies and Policy Adoption Meeting
Enclosed are two copies of Metro Cities' draft 2016 legislative policies. The policies are also on-
line at www.metrocitiesmn.org. These policy recommendations were developed by over 100 city
officials who participated in our policy development process, and have been approved by the Metro
Cities Board of Directors. These policies will be adopted by Metro Cities' membership at our Policy
Adoption Meeting on Wednesday, November 18, 2015 — details are enclosed..
Please be sure to attend the policy adoption meeting. Each city is responsible to designate a
voting delegate who will represent their city's position on the policies. Delegates will be asked
to identify themselves at the registration/check-in table.
Metro Cities' protocol for adoption of policies is as follows:
• One vote per member city, and one additional vote for each 50,000 population above
the initial +50,000
• Metro Cities' President will distinguish questions of clarification or explanation and
questions that could result in an amendment of a policy
• Policy Committee Chairs will present a summary of the policies and amendments
• Individual policies can be opened for discussion if five city delegates request a discussion
• Discussion on individual policies will be allowed and limited to 10 minutes
• If there is a motion to amend a policy, the President will honor the motion if five or more
delegates request a vote by municipality
• Any individual requesting a vote will be asked to verify their delegate status
• If five delegates request a vote, a vote will be taken by municipality per our by-laws
• If there is no discussion, or following any individual votes on policies, the President will
entertain a motion for adoption of the entire policy section
If you have any questions, please contact Kimberly Swedberg at 651-215-4000 or
Kim@metrocitiesmn.org for more information.
We hope to see you on November 18th!
145 University Ave W • St. Paul, MN 55103-2044 • Phone (651) 215-4000 • Fax (651) 281-1299 • www.MetroCitiesMN.org
METRO CITIES
Association of Metropolitan Municipalities
Policy Adoption Meeting
Thursday—November 18th at 5:00 p.m.
The Policy Adoption Meeting is one of two major meetings Metro
Cities holds each year for its membership. This is your opportunity
to discuss and adopt Metro Cities 2016 Legislative Policies, which
will serve as the foundation of Metro Cities' work at the
Legislature and Metropolitan Council in 2016.
The draft policies are available for review on-line at
www.metrocitiesmn.org. These policies were developed by over
100 city officials and approved by the Metro Cities Board of
Directors.
Please review the policies, and equally important, be sure to
attend the Policy Adoption Meeting on Thursday, November 18th
at the Ramada Plaza Minneapolis, 1330 Industrial Boulevard NE.,
Minneapolis, MN 55413.
Each city administrator/manager has received two hard copies of
the policy recommendations as well as the protocol for policy
adoption. Each city is responsible for designating a voting
delegate, but cities are encouraged to send more than one
representative to contribute to the discussion. A two-thirds vote of
those in attendance is required to adopt official policies.
Questions? Contact Kimberly 651-215-4000 or
Kim@MetroCitiesMN.org.
We hope to see you on the 18th.
Register online at: www.lmc.org
Metropolitan Area Management Association
Luncheon
There is a separate cost of $20.00 for this luncheon, please
RSVP to Kim@MetroCitiesMN.org or 651-215-4000.
11:30 a.m.
MAMA Luncheon — Let's Get Prepared: City Hall Security
We all hope a tragedy at city hall won't happen in our city. But,
sadly, it's already happened in far too many places with
shocking results. City hall security, including safety at public
meetings, is something all cities need to take seriously. LMCIT is
developing tools and services to help evaluate the risk of city
hall violence and be proactive in preventing it ahead of time and
developing an intruder response plan.
LMC & Metro Cities
Metro Regional Meeting
1:00 p.m. Registration Opens for Metro Regional Meeting
1:30 p.m. Let's Get Planning: How Regional and Local Planning Intersect
Adam Duininck and Liso Barajas, Met Council
2:30 p.m. Let's Get Moving: Tackling Transportation Roadblocks for
Cities
3:30 p.m. Break
3:45 p.m. Let's Get to Know Each Other: Meet Dave Unmacht, LMC's
New Executive Director
4:45 p.m. Remarks from Metro Cities President Mark Casey and LMC
President Steve Nasby
15:00 p.m. Metro Cities Policy Adoption Meeting
5:45 p.m.
Social Hour with Greater Minnesota Cities
Network with colleagues from the metro and greater MN
while enjoying a cash bar and heavy hors d'oeurves.
6:45 p.m. Adjourn
County
Was
***PLEASE NOTE CHANGE IN TIME***
BOARD AGENDA
OCTOBER 20, 2015 — 10:30 A.M.
Board of Commissioners
Fran Miron, District 1
Ted Bearth, District 2
Gary Kriesel, Chair, District 3
Karla Bigham, District 4
Lisa Welk, District 5
8:00 to 10:00 — Employee Recognition Breakfast Hosted by the County Board — Lake Elmo Event Center
3712 Layton Avenue North,
Lake Elmo, MN
1. 10:30 Roll Call
Pledge of Allegiance
2. 10:30 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the
issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County
Board secretary or the County Administrator. The County Board Chair will 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 presentation to no more than five minutes. The Board Chair reserves
the right to limit an individual's presentation ifit becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of
Washington County's Responsibilities.
3. 10:40 Consent Calendar — Roll Call Vote
4. 10:40 Sheriff's Office — Commander Roger Heinen, Jail Administrator
Approval of Contract with Stanley Convergent Security Solutions, Inc., for Purchase and
Installation of Jail Security System Hardware and Software
5. 10:50 Accounting and Finance — Carl Jacobson, Principal Accountant
A. Review Results of the 2014 Annual Audit
B. Review Information Provided in the Annual Newspaper Regarding Financial Information
C. Present the Government Finance Officers Association of United States and Canada (GFOA)
Excellence in Financial Reporting Award for the County's 2013 Comprehensive Annual
Financial Report (CAFR)
6. 11:00 General Administration — Molly O'Rourke, County Administrator
7. 11:10 Commissioner Reports — Comments — Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary
because of discussion will be scheduled for a future board meeting.
8. Board Correspondence
9. 11:25 Adjourn
10. 11:30 to 11:50 — Board Workshop with Administration — Kevin Corbid, Deputy Administrator
Review Changes to Policy 6006 Advisory Committees, Boards and Commissions
Assistive listening devices are available for use in the County Board Room
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EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
OCTOBER 20, 2015
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
Administration
Accounting & Finance
Information Technology
Public Health
& Environment
Public Works
Sheriff
ITEM
A. Approval of September 22, 2015, County Board Meeting minutes.
B. Approval of the contract amendment with Wells Fargo for merchant cards.
C. Approval to close the Metropolitan Region Homeland Security Emergency
Management Board Fund #776.
D. Approval of a one-year contract with CliftonLarsonAllen for audit services
for year ending December 31, 2015.
E. Approval to purchase software licensing, maintenance, and support from
Infor Global Technologies for Infinium Application Manager, Human
Resources/Payroll, Query and Infinium Self Service software through
December 31, 2016.
F. Approval of the Grant Project Agreement between the Minnesota Department
of Health and Washington County to provide home visiting services using
federal Temporary Assistance for Needy Families (TANF) funding.
G. Approval of five year agreement with the Minnesota Department of Health
for the Statewide Health Improvement Program (SHIP) Implementation
Grant in the amounts of: Year 1, $510,144 from November 1, 2015 to
October 31, 2016. Year 2, $521,487 from November 1, 2016 to October 31,
2017. Year 3, $514, 487 from November 1, 2017 to October 31, 2018. Year
4, $514,487 from November 1, 2018 to October 31, 2019. Year 5, $514,487
from November 1, 2019 to October 31, 2020.
H. Approval of Amendment No. 1 to contract 9044 with Parsons Brinckerhoff,
Inc. in the amount of $269,918.73 for bundled road and park projects.
I. Approval of Amendment No. 5 to contract 6378 with Hunt Electric
Corporation for general electrical services.
J. Approval of the 2016-2017 Radiological Emergency Preparedness Grant
Agreement between the Minnesota Department of Public Safety Homeland
Security and Emergency Management Division, and Washington County.
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
. . - to .ceywaKpr
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
F
Summary of Proceedings
Washington County Board of Commissioners
September 22, 2015
Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary
Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel
presided.
Commissioner Reports — Comments — Questions
The Commissioners reported on the following items:
Commissioner Weik— commented on the East Metro Strong Visioning Synthesis Workshop she
attended; attended a meeting with the South Washington Watershed District Manager, to hear
an overview of the Watershed District projects and budget that will be coming before the
Board on October 6, 2015. She commented on the Counties Transit Improvement Board
Meeting that she attended, and reported that the Counties Transit Improvement Board approved
the purchase of light rail vehicles;
Commissioner Bigham — reported that the Library Board meeting is on September 30th at 6:30
p.m. at the R.H. Stafford Library in Woodbury, and that the Library Strategic Planning Fall
Retreat will be on Saturday, September 26th at 9:00 a.m. at the R.H. Stafford Library in
Woodbury. She commented on the Association of Minnesota Counties Policy Committees in
Breezy Point, Minnesota, that she attended; attended the Counties Transit Improvement Board
Meeting; attended the Red Rock Corridor Meeting, on September 21, including a tour of the
Metro Red Line bus rapid transit. She reported that there will be an open house on the Ravine
Park upgrades on September, 22nd at 6:00 p.m. at the Cottage Grove Service Center, and that
Cottage Grove Public Works is having an open house on September 22nd at 3:00 p.m. at the
Cottage Grove Public Works Facility;
Commissioner Miron — reported that there were bylaw changes before the Transportation
Advisory Board last week, which were approved. Last evening, September 21St, at the Hugo
City Council meeting, there was a presentation by Ramsey County on the Rush Line Corridor.
Congressman Emmer attended the Hugo City Council meeting. He reported that there is an
open house at 5:00 p.m. at the Headwaters Service Center in Forest Lake, regarding the Rush
Line Corridor;
Commissioner Bearth — reported that he was at a meeting on September 21St for the
reconstruction of Olson Lake Trail, in Oakdale. He reported on the grand opening of the Hy -
Vee store in Oakdale at 6:00 a.m. on September 22nd;
Commissioner Kriesel — reported that he attended the Metropolitan Library Service Agency
meeting. He met with Minnesota Governor Dayton, Dave Schultz from West Lakeland
Township, Kent Grandlienard from Baytown Township, Senator Housley, and citizens of the
Metropolitan Airports Commission to discuss Lake Elmo Airport improvements; attended the
Anderson Community Advisory Committee meeting; attended the Solid Waste Management
Coordination Board, and he met with the Minnesota Pollution Control Agency; attended the
Lake Elmo Planning Commission, which included a discussion about the Gateway Corridor.
General Administration
Approval of the following actions:
- September 8, 2015 County Board Meeting Minutes;
- Public comment from Alan Mueller, Red Wing, expressed concerns about emissions due to
processing of garbage;
- Appointment of Jennifer Bovitz, Cottage Grove, to the Community Corrections Advisory
Board to a partial term expiring December 31, 2016;
- Appointment of Christine Otto to the Community Corrections Advisory Board, to fill the
Education Representative vacancy to a first term expiring December 31, 2017;
- 2014 Consolidated Annual Performance and Evaluation Report (CAPER) for submission to the
U.S. Department of Housing and Urban Development (HUD);
- Molly O'Rourke, County Administrator provided a reminder that there will not be a Board
Meeting on Tuesday, September 29a', due to it being the fifth Tuesday of the month;
- Molly O'Rourke, County Administrator reported that there will not be a Planning Advisory
Commission meeting on September 22, due to a lack of a quorum. The next Planning
Advisory Commission meeting will be on October 27th;
- Resolution No. 2015-164, approving conservation easement and conveyance of Palmer
Property to the City of Stillwater;
- Board Workshop to provide updates with the Trust for Public Land (TPL) regarding Tartan
Park;
- Board correspondence was received and placed on file.
Property Records & Taxpayer Services
- Consent Item 3E, Resolution for Repurchase of Tax Forfeited Land by Steven G. Scherrer,
pulled and referred to a Finance Committee.
Public Health & Environment
Approval of the following actions:
- Approval of the renewal of the License to use Real Property agreement between Children's
Dental Services and Washington County for the provision of dental services at the Cottage
Grove Service Center, Headwaters Service Center in Forest Lake and the Washington County
Government Center;
- Resolution No. 2015-156, Certification of Property Assessed Clean Energy (PACE) charges
for energy improvements;
- Authorization for entry into a two-year agreement with the City of Stillwater to provide
Subsurface Sewage Treatment System permitting and inspection services;
- Judy Hunter, Senior Environmental Program Manager provided an overview of the future
waste management system, including a summary of the joint waste processing policy
evaluation process conducted with Ramsey County;
- The Board Chair provided an overview of today's public comment period to solicit public
comment on whether Washington County should enter into a Joint Powers Agreement with
Ramsey County to form the Ramsey/Washington Recycling and Energy Board and to endorse
the purchase of the Resource Recovery Technology assets by the JPA;
- Public Comment from Carol Overland, Red Wing, expressed concerns about energy wastes,
recycling, and concerns about emissions due to processing of garbage;
- Public Comment from David Domack, St. Paul Park, expressed support for the purchase of
Resource Recovery Technologies, and expressed concerns about land -filling;
- Dan Lund, Newport, expressed concerns about air pollution, recommended land -filling versus
processing of garbage;
- Alan Muller, Red Wing, expressed concerns about emissions from processing of garbage, and
communication from the counties;
- Resolution No. 2015-160, Amended and restated Ramsey/Washington Recycling and Energy
Board Joint Powers Agreement;
- Resolution No. 2015-161, Endorsing the purchase of Resource Recovery Technologies Assets
by the Ramsey/Washington Recycling and Energy Board;
- Resolution No. 2015-162, Financing structure for the Acquisition of the Newport Facility;
- Resolution No. 2015-163, Directing amendments to the Washington County Solid Waste
Master Plan.
Public Works
Approval of the following actions:
- Entering into a contact with Mavo Systems, Inc. to complete paint stabilization as a part of the
North Shop renovation project;
- Resolution No. 2015-157, Declaration for receiving state grant funds for recreation open space
development;
- Resolution No. 2015-158, Declaration for receiving state grant funds for development and
improvement of existing parking and trail connections together with other development
improvements;
- Resolution No. 2015-159, Declaration for receiving state grant funds for development and
improvement of existing parking and trail connections together with other development
improvements;
- Amendment No. 1 to Agreement No. 04959 with the Minnesota Department of Transportation
and the City of Oak Park Heights for installation and maintenance of landscaping on the north
frontage road located at the intersection of Trunk Highway 36 and County State Aid Highway
24 (Osgood Avenue);
- St. Croix Boat & Packet Co. to provide professional event management services at the
Washington County Historic Courthouse;
- Amendment No. 1 with SRF Consulting Group, Inc. for Final Design of County State Aid
Highway (CSAH) 15/CSAH 10 Intersection Improvement Project;
- Contract with SRF Consulting Group, Inc. for final design of the CSAH 15 and Old Trunk
Highway 5 Project.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.
Washington
County
BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Ted Bearth, District 2
Gary Kriesel, Chair, District 3
Karla Bigham, District 4
Lisa Weik, District 5
OCTOBER 13, 2015 — 9:00 A.M.
1. 9:00 Roll Call
Pledge of Allegiance
2. 9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington CountyGovernment, 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 ask you to come to the podium, stateyour name and city ofresidence, and
present your comments. Your comments must be addressed exclusively to the BoardChairand the fudlBoard ofCommissioners. 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 individuals presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is
part of Washington County's Responsibilities.
3. 9:10 Consent Calendar — Roll Call Vote
4. 9:10 Sheriff's Office —Dan Starry, Chief Deputy
Approval to accept a Toward Zero Deaths Grant from the Minnesota Department of Public Safety
5. 9:15 Public Health & Environment — Jeff Travis, Sr. Environmental Program Manager
Approval to Expand Hours at the County Environmental Center
6. 9:25 General Administration — Molly O'Rourke, County Administrator
7. 9:35 Commissioner Reports — Comments — Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary
because of discussion will be scheduled for a future board meeting.
8. Board Correspondence
9. 9:50 Adjourn
10. 9:55-10:40 Board Workshop with Office of Administration — Melinda Kirk, Budget/Financial Analyst &
Wayne Sandberg, County Engineer
Review the Draft 2016-2020 Capital Improvement Plan
11. 10:45-11:30 Board Workshop with Information Technology—Mjyke Nelson, Information Technology Director
Update on Cyber Security Threats in the Public Sector
11:35 Finance Committee Meeting
Assistive listening devices are available for use in the County Board Room
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EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
OCTOBER 13, 2015
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY ITEM
Administration
A. Approval to reappoint Sharon Schwarze, Grant, and Gerald Johnson,
Stillwater, to the Browns Creek Watershed District to a term expiring October
22, 2018.
Community Services B. Approval of agreement with Canvas Health for $63,480 in Family
Homelessness Prevention and Assistance Program funds.
C. Approval of the Cooperative Agreement for Non -Emergency Medical
Transportation (NEMT) Services with the Metro County Consortium.
Human Resources D. Approval of an Attorney I position in the County Attorney's Office.
Information Technology E. Approval of resolution recognizing National Cyber Security Awareness
Month.
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
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EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER