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HomeMy WebLinkAbout2017-06-06 CC Agenda PacketREGULAR MEETING RECESSED MEETING i 1 1\la t ec 114E 1 IRTMELA CE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 6, 2017 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Public Art Proposal - Tayler Borman 2. Preliminary concept for Lakeview site (available Tuesday) 3. Library - Land Use SUP 4:30 P.M. 7:00 P.M. IV. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator - 4th of July & Legislative Update V. ADJOURNED TO CLOSED SESSION FOR LAND NEGOTIATIONS PURSUANT MN STAT. SEC. 13D.05 SUBD. 3C(3) - SOUTH PORTION OF PROPERTY LOCATED AT 1675 MARKET DRIVE 7:00 P.M. AGENDA VL CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. APPROVAL OF MINUTES 12. Possible approval of May 16, 2017 regular and special closed session minutes X. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 13. Possible approval of resolution providing for the sale and award of the General Obligation Capital Outlay Bonds, Series 2017A (Resolution - Roll Call) - Dave McGillivray, Springsted, Inc. 14. St. Croix River Association - Natalie Warren 15. Lumberjack Days Update 16. Library Annual Report XI. 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. XII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 17. Resolution 2017-103, directing payment of bills 18. Possible approval of temporary liquor license - St. Croix Catholic School 19. Possible approval of temporary liquor license - Harvest Fest - October 14 & 15, 2017 20. Possible approval of temporary liquor license - The Episcopal Church of the Ascension - September 23, 2017 21. Possible approval of noise variance for the 11th Annual Bryan McDonough American Heroes Golf Classic - Oak Glen Golf Course - August 11, 2017 22. Resolution 2017-104, resolution of support for the Washington County CR 5 project 23. Resolution 2017-105, approval of contract with Karen L. Richtman, Service on a Shoestring for Recycling Coordinator Services. 24. Possible approval of quote for Lily Lake Tennis Court Rehabilitation 25. Possible approval to purchase Street Sweeper 26. Resolution 2017-106, appointment to Traffic Safety Committee 27. Resolution 2017-107, approving assignment agreement with the Veterans' Memorial Committee for 2017 28. Resolution 2017-108, appointment to Planning Commission 29. Possible approval to purchase printer - Inspections Department 30. Resolution 2017-109, approving application to conduct off-site gambling - Knights of Columbus 1634 for Lumberjack Days 31. Resolution 2017-110, approving the 2017-2018 Grant Agreement for Municipal Recycling Grant Distribution with Washington County 32. Resolution 2017-111, approving lease agreement with Max Todo Marine Services XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 33. This is the date and time to consider the preliminary plat and variance resolution amendment for Hazel Court - Sterling Black (Postponed at the request of the developer to the June 20, 2017 meeting) XIV. UNFINISHED BUSINESS 34. Possible approval of second reading of Ordinance 1095, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding Senior Care Living Facilities to the RA Zoning District (2nd Reading - Roll Call) XV. NEW BUSINESS 35. Consideration of funding for Historic Sign (Brown Sign) on bridge exit 36. Possible approval of Special Use Permit Amendment and noise ordinance waiver for Lion's Tavern (Resolution - Roll Call) 37. Possible approval of first reading of an ordinance amending Section 43-131 of the Stillwater City Code (1St Reading - Roll Call) 38. Possible approval of extra hours for the Planning Secretary (Resolution - Roll Call) XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT Bill Turnblad From: Daniel zenk <dz261@yahoo.com> Sent: Tuesday, June 06, 2017 10:54 AM To: Bill Turnblad Subject: 261 Deerpath resident (28+ years) opposing nursing home rezoning. To the City Council and Ecumen — Regarding the rezoning of the Our savior's Luther Church property & the radio tower from residential to senior care living. I live at 261 Deer path in Stillwater MN. This has been our residence for over 28 years. oppose this re -zoning for many reasons - 1. lower property values (this is real, I put up my house for sale in early spring, had it sold for an attractive amount, passed inspection and appraisal and were to close on 6/23. New buyers were informed of the re -zone change and decided for "because of the flow activity" caused by a nursing home that they withdraw their offer. House has returned to the market with no offers as of the time of this message), 2. more vehicles driving on Deer path (a residential street that have about 2500 cars per day) compromising safety and quality to the residents — residences of Deer path has born the brunt of traffic increases caused by developments and this suggested new nursing home will result in more traffic, 3. a lot of traffic in and out of the facility causing lots of noise at many hours of the day, 4. building obstructing the wonderful sunrises that we have today which a housing development would not obstruct, & 5. parking lot and building lot lights shining into our home during the evening and night hours. I hope you take what I have said very seriously in your consideration. Many thanks, Dan & Colleen Zenk PS : If the nursing home will be happening, than I want to know WHAT EXACTLY will be done to accommodate the issues that I raised above along with the residences of Deer Path. Please keep the politics to a minimum and deal in real terms. My plans are to approach Ecumen with my concerns next Monday as well. 1 2017 City of Stillwater 4th of July Fireworks Budget REVENUE City Funds Contributions Acapulco Cover Park Manor DBD Partners, Inc. (Water St. Inn Judd Sather, Lofts at Studio J JX Events, LLC Margaret Rivers Fund P.D. Pappy's Pub 112, Inc. Qwik Trip St. Croix Boat & Packet Sabes Family Foundation Whitey's TOTAL Budgeted Actual $ 48,978 $ 48,978 $ 10,000 $ 10,200 6/5/2017 EXPENSE RES Pyrotechnics -Additional Sound - North Lowell Park $ 500 $ 2,000 RES Pyrotechnics Additional $ 5,000 $ 200 $ 500 $ 2,500 $ 58,978 $ 59,178 $ 200 Band - Estimate Cannons - Not Available for 2017 Related Expenses Simulcast w KLBB Gazette Ad Bouys - J. Gribs & Co. Portable Toilets Century Link Professional Services TOTAL - Related TOTAL EXPENSES Budgeted Additional $ 43,000 $ 500 $ 43,000 $ 500 $ 265 $ 450 $ 1,336 $ 200 $ 2,751 $ 2,500 $ 3,500 $ 6,500 $ 45,751 $ 52,251 111 1WUeI Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: June 5, 2017 SUBJECT: Stillwater Public Library — Events at Library Facility — Land Use Controls Discussion BACKGROUND INFORMATION: The Library has been conducting/hosting events at the facility since completion of the Library addition/renovation over 10 years ago. The City Council at that time had approved the Library project plans assuming that the Library would be raising revenue by conducting events at the facility, though no specific permit or conditions of approval were issued. More recently, concerns regarding noise, traffic, etc. related to events at the Library have been brought to the attention of the Library Board and City Council. The Library Board has worked to develop guidelines for events and the City Council has had informal discussions regarding events at the Library and the potential Zoning Ordinance implications for use of the Library for events (See attached excerpt from the September 20, 2016 City Council minutes). The Library Board discussed this matter again at its May meeting and the Library Board President communicated with the Mayor that another discussion by the City Council regarding the appropriate process to formally review the Library events operation was in order. This item is on the June 6 City Council workshop agenda as: Library — Land Use SUP. City staff will be prepared to discuss background information regarding the Library events, applicable Library Board authority and responsibility and City zoning ordinance provisions that may apply to Library events. Based upon discussion, the City Council will need to provide direction to staff regarding further research/information or City actions that may be required. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us TSI IIIITN/LIC! // ■IIIA/T/ CITY COUNCIL MEETING MINUTES September 20, 2016 SPECIAL MEETING 3:30 P.M. Mayor Kozlowski called the special meeting to order at 3:30 p.m. Present: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Deputy Fire Chief Ballis Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward OTHER BUSINESS Presentation and review of design development proposals for Police Department Remodel and City Hall Improvements - Wold Architects and Engineers Community Development Director Turnblad led a review of the planned Police Department remodel and City Hall improvements. He informed the Council that the estimated project costs are $2.3 million for Phases I and II. Staff recommended adding the following deferred items back into the project because they are considered critical to operations: an awning to City Hall; remodel City Hall service counter on main level; re -cable City Hall; exterior surveillance cameras; panic buttons at Council dais and service counters; and card access control to City Hall internal doors. These critical items would add $215,100 to the project cost. This amount may be covered by a premium the City received due to a good bond sales environment. Joel Dunning, Wold Architects and Engineers, explained the floor plans, project budget, and deferred items. Mark Hovelson, Wenck, pointed out that the project could be bid later this week if the Council approves, and construction could begin in mid-October and take 8 1/2 months for the two phases. Finance Director Harrison reported that when the City issued bonds in early 2016, the bond market was doing very well, so the City was issued a premium; meaning it has more money than expected. Rather than reducing the amount of the bonds, staff opted to keep that premium and use it for this project. City Administrator McCarty suggested that the remainder of the deferred work items could be included in the Capital Improvement Plan for 2018. City Council Meeting September 20, 2016 COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update Councilmember Polehna reported that the Pheasant Hunt for the Troops is in three weeks and the Golf Tournament for Disabled Veterans will be at Oak Glen Golf Course September 28. Library Events Councilmember Menikheim reflected that the City denied the request to hold events at the Old Swedish Church, yet the Library has been running events for 10 years. Because of the angst in the neighborhood, it would be worthwhile to look at whether there actually is a SUP or just a directive taken from the minutes. He feels it is a City problem, not a Library problem. City Clerk Ward responded that there is no SUP for the Library to hold events. Rather, the minutes state that it was directed by a previous Council that the facility consider hosting events there as a source of revenue. Councilmember Polehna added that he was on the Council when it was suggested to run events at the Library as a revenue source, similar to what was done at the Washington County Historic Courthouse. City Attorney Magnuson stated that the Library is a permitted use in the zoning district, so the question is whether the events are considered to be normally associated with library activity. The City Council acknowledged the plans and asked the Library to raise revenue, via a motion by Councilman Milbrandt to approve that type of events there. However, there is not any permit and therefore no conditions. Councilmember Menikheim questioned whether the amount of time and neighborhood angst generated by the events is worth the amount of money that is generated. Mayor Kozlowski commented that he would love to have a conversation with the Library to discuss ways to reduce neighborhood angst. Councilmember Menikheim asked if the Council could adopt a resolution now, since there was not a resolution ten years ago, requesting the Library board run events as necessary to supplement their budget. Councilmember Polehna pointed out that the hosting of events has already been approved by the Council at the time of the building renovation. City Clerk Ward stated that she would review the minutes to determine that there was actually such a vote. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adjourn the meeting at 10:28 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Page 9 of 10 Ted Kozlowski, Mayor EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF STILLWATER, MINNESOTA HELD: JUNE 6, 2017 Pursuant to due call, a regular meeting of the City Council, City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on June 6, 2017, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A. The following members were present: and the following were absent: In accordance with Resolution No. 2017-084 adopted by the City Council on May 2, 2017, the City Clerk presented proposals on $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A, which were received, opened and tabulated at 10:30 A.M., Central Time, at the offices of Springsted Minnesota ("Springsted") on this same day: Bidder Interest Rates True Interest Cost See attached The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $3,405,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2017A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, and Sections 10.4, 10.5 and 10.6 of the City's Charter, to finance (i) the 2017 capital outlay needs of various City departments; (ii) renovation and remodeling of the police station; (iii) street improvement projects; and (iv) public works security improvements (the "Project") as more fully described in the resolution duly adopted by the City Council on May 2, 2017; and B. WHEREAS, the City has retained Springsted as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and 8315034v1 C. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of UMB Bank N.A., Kansas City, Missouri (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $$3,504,307.70, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is accepted and the Bonds are awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated June 29, 2017, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R 1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2018 $380,000 2024 $345,000 2019 $310,000 2025 $350,000 2020 $320,000 2026 $145000 2021 $325,000 2027 $145,000 2022 $330,000 2029* $160,000 2023 $335,000 2032* $260,000 Term Bonds All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations 8315034v1 for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond 8315034v1 Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) "Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the 8315034v1 Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2018 2.00% 2024 2.50% 2019 2.00% 2025 2.50% 2020 2.25% 2026 2.65% 2021 2.25% 2027 2.65% 2022 1.40% 2029* 2.75% 2023 2.50% 2032* 3.00% Term Bonds 5. Redemption. All Bonds maturing on February 1, 2026, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to redemption. If redemption is in part, the selection of the amounts and maturities of the Bonds to be redeemed shall be at the discretion of the City; and if only part of the Bonds having a common maturity date are called for redemption, the specific Bonds to be redeemed shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The 8315034v1 Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in Saint Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 8315034v1 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER R- $ GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2017A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, June 29, 2017 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in Saint Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee 8315034v1 Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2026, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to redemption. If redemption is in part, the selection of the amounts and maturities of the Bonds to be redeemed shall be at the discretion of the Issuer, and if only part of the Bonds having a common maturity date are called for redemption, the specific Bonds to be redeemed shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,405,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution, Charter of the Issuer and laws of the State of Minnesota, and a resolution adopted by the City Council on June 6, 2017 (the "Resolution"), for the purpose of providing money to finance the Issuer's 2014 capital outlay projects and to finance the construction of a new fire station. This Bond is payable out of the General Obligation Capital Outlay Bonds, Series 2017A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations 8315034v1 provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, Charter of the Issuer and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its 8315034v1 Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: June 29, 2017 BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 8315034v1 Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 8315034v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue which is June 29, 2017. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 8315034v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Outlay Bonds, Series 2017A Fund" (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be 8315034v1 maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any amount paid for the Bonds in excess of the minimum bid. From the Construction Account there shall be paid all costs and expenses of making the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the Council to the Debt Service Account. (b) Debt Service Account. There are hereby pledged and there shall be credited to the Debt Service Account: (i) any amount paid for the Bonds in excess of the minimum bid; (ii) collections of all taxes heretofore, herein or hereafter levied for the payment of the Bonds and interest thereon; (iii) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (iv) all investment earnings on moneys held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent of the proceeds of the Bonds. To this effect, any sums from time to time held in the Construction Account or Debt Service Account (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Construction Account or Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct 8315034v1 annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See attached Levy Schedule For the payment of the principal and interest on the Bonds maturing in 2018, the City has heretofore levied in 2016 a direct ad valorem in the amount of $450,000 which was spread upon the tax rolls and will be collected with and as part of other general property taxes in the City. The tax levies are such that if collected in full they, together with estimated collections of other monies herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional 8315034v1 description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. 83I5034v1 (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18 -month expenditure exemption 8315034v1 for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor and/or Manager are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2017 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Governmental Bonds Post -Issuance Compliance Policies and Procedures. The City hereby approves the Governmental Bonds Post -Issuance Compliance Policies and Procedures in substantially the form presented to the City Council. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: 8315034v1 and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted June 6, 2017. Attest: City Clerk 8315034v1 Approved: Mayor STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A. WITNESS my hand on June 6, 2017. City Clerk 8315034v1 AWARD: SALE: EXHIBIT A Springsted $3,405,000(a) CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2017A (BOOK ENTRY ONLY) UMB BANK, N.A. June 6, 2017 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 Email: advisors@springsted.com www.springsted.com Moody's Rating: Aa2 Bidder Interest Rates Price Net Interest Cost True Interest Rate UMB BANK, N.A. 2.00% 2018-2019 2.25% 2020-2021 1.40% 2022 2.50% 2023-2025 2.65% 2026-2027 2.75% 2028-2029 3.00% 2030-2032 UNITED BANKERS' BANK 3.00% ROBERT W. BAIRD & COMPANY, 2.00% INCORPORATED 2.50% C.L. KING & ASSOCIATES 3.00% DOUGHERTY & COMPANY LLC VINING-SPARKS IBG, LIMITED PARTNERSHIP EDWARD D. JONES & COMPANY FIDELITY CAPITAL MARKETS SERVICES WNJ CAPITAL CREWS & ASSOCIATES DAVENPORT & COMPANY LLC DUNCAN-WILLIAMS, INC. ROSS, SINCLAIRE & ASSOCIATES, LLC LOOP CAPITAL MARKETS, LLC COUNTRY CLUB BANK OPPENHEIMER & CO. INC. SUMRIDGE PARTNERS R. SEELAUS & COMPANY, INC. SIERRA PACIFIC SECURITIES ISAAK BOND INVESTMENTS, INC. ALAMO CAPITAL IFS SECURITIES RAFFERTY CAPITAL MARKETS W.H. MELL ASSOCIATES WAYNE HUMMER INVESTMENTS LLC FMS BONDS, INC. FIRST KENTUCKY SECURITIES CORP CENTRAL STATES CAPITAL MARKETS MIDLAND SECURITIES 2018-2032 2018-2025 2026-2027 2028-2032 $3,503,823.70(b) $374,564.97(b) $3,586,720.00 $3,469,816.50 $385,435.00 $379,374.33 1.9266%(b) 1.9573% 1.9640% (a) Subsequent to bid opening, the total issue size was not changed; however, certain individual maturity amounts have changed. (b) Subsequent to bid opening, the price, net interest cost, and true interest rate have changed to $3,504,307.70, $375,924.83, and 1.92651, respectively. Public Sector Advisors Bidder Interest Rates Price Net Interest Cost True Interest Rate PIPER JAFFRAY & CO. STIFEL, NICOLAUS & COMPANY, INCORPORATED NORTHLAND SECURITIES, INC. 3.00% 2018-2025 2.00% 2026-2027 2.50% 2028-2030 3.00% 2031-2032 $3,547,770.80 $384,234.48 3.00% 2018-2032 $3,556,488.65 $415,666.35 3.00% 2018-2032 $3,549,414.35 $422,740.65 REOFFERING SCHEDULE OF THE PURCHASER Rate 2.00% 2.00% 2.25% 2.25% 1.40% 2.50% 2.50% 2.50% 2.65% 2.65% 2.75% 3.00% Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2032 A-2 Yield 0.90% 1.10% 1.15% 1.25% Par 1.55% 1.70% 1.80% 1.80% 1.85% 1.95% 2.00% 1.9721% 2.1249% 2.1644% BBI: 3.61% Average Maturity: 5.552 Years EXHIBIT B $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Levy Amount Levy/Collect Date Overlevy Year 02/01/2018 380,000.00 2.000% 46,267.53 426,267.53 447,580.91 447,580.91 2016/2017 02/01/2019 310,000.00 2.000% 70,967 50 380,967.50 400,015.88 400,015.88 2017/2018 02/01/2020 320,000.00 2.250% 64,767,50 384,767.50 404,005.88 404,005.88 2018/2019 02/01/2021 325,000.00 2.250% 57,567.50 382,567.50 401,695.88 401,695.88 2019/2020 02/01/2022 330,000.00 1.400% 50,255.00 380,255,00 399,267.75 399,267.75 2020/2021 02/01/2023 335,000.00 2.500% 45,635.00 380,635.00 399,666.75 399,666.75 2021/2022 02/01/2024 345,000.00 2.500% 37,260.00 382,260.00 401,373.00 401,373.00 2022/2023 02/01/2025 350,000.00 2.500% 28,635.00 378,635.00 397,566.75 397,566.75 2023/2024 02/01/2026 145,000.00 2.650% 19,885.00 164,885.00 173,129.25 173,129.25 2024/2025 02/01/2027 145,000.00 2.650% 16,042.50 161,042.50 169,094.63 169,094.63 2025/2026 02/01/2028 80,000.00 2.750% 12,200.00 92,200.00 96,810.00 96,810.00 2026/2027 02/01/2029 80,000.00 2,750% 10,000.00 90,000.00 94,500.00 94,500.00 2027/2028 02/01/2030 85,000.00 3.000% 7,600.00 92,800.00 97,440.00 97,440.00 2028/2029 02/01/2031 85,000.00 3.000% 5,250.00 90,250.00 94,762.50 94,762.50 2029/2030 02/01/2032 90,000.00 3.000% 2,700.00 92,700.00 97,335.00 97,335.00 2030/2031 Total $3,405,000.00 - $475,232.53 $3,880,232,53 $4,074,244.16 $4,074,244.16 $1,180,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Police Station Post -Sale Tax Levies Payment Principal Coupon Interest Total P+l 105% Levy Amount Levy/Collect Date Overlevy Year 02/01/2018 100,000.00 2.000% 17,354.56 117,354.56 123,222.29 123,222.29 2016/2017 02/01/2019 70,000.00 2.000% 27,470.00 97,470.00 102,343.50 102,343.50 2017/2018 02/01/2020 70,000.00 2.250% 26,070.00 96,070.00 100,873.50 100,873.50 2018/2019 02/01/2021 70,000.00 2.250% 24,495.00 94,495.00 99,219.75 99,219.75 2019/2020 02/01/2022 70,000.00 1.400% 22,920.00 92,920.00 97,566.00 97,566.00 2020/2021 02/01/2023 70,000.00 2.500% 21,940.00 91,940.00 96,537.00 96,537.00 2021/2022 02/01/2024 75,000.00 2.500% 20,190.00 95,190.00 99,949.50 99,949.50 2022/2023 02/01/2025 75,000.00 2.500% 18,315.00 93,315.00 97,980.75 97,980.75 2023/2024 02/01/2026 80,000.00 2.650% 16,440.00 96,440.00 101,262.00 101,262.00 2024/2025 02/01/2027 80,000.00 2.650% 14,320.00 94,320.00 99,036.00 99,036.00 2025/2026 02/01/2028 80,000.00 2 750% 12,200.00 92,200.00 96,810.00 96,810.00 2026/2027 02/01/2029 80,000.00 2.750% 10,000.00 90,000.00 94,500.00 94,500.00 2027/2028 02/01/2030 85,000.00 3.000% 7,800.00 92,800.00 97,440.00 97,440.00 2028/2029 02/01/2031 85,000.00 3.000% 5,250.00 90,250.00 94,762.50 94,762.50 2029/2030 02/01/2032 90,000.00 3.000% 2,700.00 92,700.00 97,335.00 97,335.00 2030/2031 Total $1,180,000.00 - $247,464.56 $1,427,464.56 $1,498,837,79 $1,498,837.79 B-1 8315034v1 r $1,540,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Capital Outlay Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Levy Amount Levy/Collect Date Overlevy Year 02/01/2018 205,000.00 2.000% 19,763.11 224,763.11 236,001.27 236,001.27 2016/2017 02/01/2019 180,000.00 2.000% 29,460.00 209,460.00 219,933.00 219,933.00 2017/2018 02/01/2020 185,000.00 2.250% 25,860.00 210,860.00 221,403.00 221,403.00 2018/2019 02/01/2021 185,000.00 2.250% 21,697.50 206,697.50 217,032.38 217,032.38 2019/2020 02/01/2022 190,000.00 1.400% 17,535.00 207,535.00 217,911.75 217,911.75 2020/2021 02/01/2023 195,000.00 2,500% 14,875.00 209,875.00 220,368.75 220,368.75 2021/2022 02/01/2024 200,000,00 2.500% 10,000.00 210,000.00 220,500.00 220,500.00 2022/2023 02/01/2025 200,000.00 2,500% 5,000.00 205,000.00 215,250.00 215,250.00 2023/2024 Total $1,540,000.00 - $144,190.61 $1,684,190.61 $1,768,400.14 $1,768,400.14 $615,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A 2017 Streets Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Levy Levy/Collect Date Overlevy Amount Year 02/01/2018 65,000.00 2.000% 8,250.33 73,250.33 76,912.85 76,912.85 2016/2017 02/01/2019 55,000.00 2.000% 12,710,00 67,710.00 71,095.50 71,095.50 2017/2018 02/01/2020 60,000.00 2,250% 11,610.00 71,610,00 75,190.50 75,190,50 2018/2019 02/01/2021 60,00000 2.250% 10,280..00 70,260,00 73,773,00 73,773.00 2019/2020 02/01/2022 60,000.00 1.400% 8,910,00 68,910.00 72,355.50 72,355.50 2020/2021 02/01/2023 60,000.00 2.500% 8,070.00 68,070.00 71,473.50 71,473.50 2021/2022 02/01/2024 60,000.00 2.500% 6,570.00 66,570.00 69,898.50 69,898.50 2022/2023 02/01/2025 65,000.00 2,500% 5,070.00 70,070.00 73,573.50 73,573.50 2023/2024 02/01/2026 65,000,00 2.650% 3,445.00 68,445.00 71,867.25 71,867.25 2024/2025 02/01/2027 65,000.00 2.650% 1,722.50 66,722.50 70,058.63 70,058.63 2025/2026 Total $615,000.00 - $76,617.83 $691,617.83 $726,198.72 $726,198.72 $70, 000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A PW Security Improvements Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Levy Levy/Collect Date Overlevy Amount Year 02/01/2018 10, 000.00 2.000% 899.53 10, 899.53 11,444.51 11,444.51 2016/2017 02/01/2019 5,000.00 2.000% 1,327.50 6,327.50 6,643.88 6,643.88 2017/2018 02/01/2020 5,000.00 2.250% 1,227.50 6,227.50 6,538.88 6,538.88 2018/2019 02/01/2021 10,000,00 2.250% 1,115.00 11,115.00 11,670.75 11,670.75 2019/2020 02/01/2022 10,000.00 1.400% 890.00 10,890.00 11,434.50 11,434.50 2020/2021 02/01/2023 10,000,00 2.500% 750.00 10,750.00 11,287,50 11,287.50 2021/2022 02/01/2024 10,000.00 2.500% 500.00 10,500.00 11,025.00 11,025.00 2022/2023 02/01/2025 10,000.00 2.500% 250.00 10,250.00 10,762,50 10,762.50 2023/2024 Total $70,000.00 $6,959.53 $78,959.53 $80,807.51 $80,807.51 B-2 8315034v1 Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Total Issue Sources And Uses Dated 06/29/2017 I Delivered 06/29/2017 Police Station Capital Outlay 2017 Streets Sources Of Funds Par Amount of Bonds $1,180,000.00 $1,540,000.00 $615,000.00 2017 05C Debt Service Levy 250,436.00 - 2016 05C Debt Service Levy 248,252.00 - Reoffering Premium 53,534.20 45,204.05 21,771.60 Total Sources $1,732,222.20 $1,585,204.05 $636,771.60 Uses Of Funds Deposits to Construction Account: Projects $1,650,200.00 $1,506,271.00 $600,000.00 Premium and Unused Discount 58,898.27 48,754.37 24,719,73 Costs of Issuance 15,040.93 19,629.68 7,839.12 Total Underwriter's Discount (0.685%) 8,083.00 10,549.00 4,212.75 Total Uses $1,732,222.20 $1,585,204.05 $636,771.60 2017A GO Capital Outlay 8 / Issue ,S'ununaiy / 6/ 6/2017 / 12.'17 P21 PW Security Improvements Issue Summary $70,000.00 $3,405,000.00 250,436.00 248,252.00 2,122.10 122,631.95 $72,122.10 $4,026,319.95 $68,000.00 2,750.33 892.27 479.50 $72,122.10 $3,824,471.00 135,122.70 43,402.00 23,324.25 $4,026,319.95 Springsted Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 02/01/2018 Serial Coupon 2.000% 0.900% 380,000.00 100.644% - 382,447.20 02/01/2019 Serial Coupon 2.000% 1.100% 310,000.00 101.413% - - 314,380.30 02/01/2020 Serial Coupon 2.250% 1.150% 320,000.00 102.797% - 328,950.40 02/01/2021 Serial Coupon 2.250% 1.250% 325,000.00 103.498% - - 336,368.50 02/01/2022 Serial Coupon 1.400% 1.400% 330,000.00 100.000% - - 330,000.00 02/01/2023 Serial Coupon 2.500% 1.550% 335,000.00 105.066% - 351,971.10 02/01/2024 Serial Coupon 2.500% 1.700% 345,000.00 104.965% - 362,129.25 02/01/2025 Serial Coupon 2.500% 1.800% 350,000.00 104.943% 367,300.50 02/01/2026 Serial Coupon 2.650% 1.800% 145,000.00 106.003% c 1.889% 02/01/2025 100.000% 153,704.35 02/01/2027 Serial Coupon 2.650% 1.850% 145,000.00 105.639% c 2.001% 02/01/2025 100.000% 153,176.55 02/01/2029 Term 1 Coupon 2.750% 1.950% 160,000.00 105.616% c 2.198% 02/01/2025 100.000% 168,985.60 02/01/2032 Term 2 Coupon 3.000% 2.000% 260,000.00 107.007% c 2.427% 02/01/2025 100-000% 278,218.20 Total - $3,405,000.00 - - - - $3,527,631.95 Bid Information Par Amount of Bonds $3,405,000.00 Reoffering Premium or (Discount) 122,631.95 Gross Production $3,527,631.95 Total Underwriter's Discount (0.685%) $(23,324.25) Bid (102.917%) 3,504,307.70 Total Purchase Price $3,504,307.70 Bond Year Dollars $18,975.17 Average Life 5.573 Years Average Coupon 2.5044973% Net Interest Cost (NIC) 1,9811411% True Interest Cost (TIC) 1.9265162% 20178 GO Capita/ Outlay D / /srue Summary / 6/ G/2017 / /2:08 PM 4 pr ingsted Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2018 380,000.00 2.000% 46,267.53 426,267.53 08/01/2018 - - 35,483.75 35,483.75 02/01/2019 310,000.00 2.000% 35,483.75 345,483.75 08/01/2019 - 32,363.75 32,383.75 02/01/2020 320,000.00 2.250% 32,383.75 352,383.75 08/01/2020 - 28,783.75 28,783.75 02/01/2021 325,000.00 2.250% 28,763.75 353,763.75 08/01/2021 - - 25,127.50 25,127.50 02/01/2022 330,000.00 1,400% 25,127.50 355,127.50 08/01/2022 - 22,817.50 22,817.50 02/01/2023 335,000.00 2.500% 22,817.50 357,817.50 08/01/2023 - - 18,630.00 18,630.00 02/01/2024 345,00000 2.500% 18,630.00 363,630.00 08/01/2024 14, 317.50 14,317.50 02/01/2025 350,000.00 2 500% 14,317.50 364,317.50 08/01/2025 • - 9,942.50 9,942.50 02/01/2026 145,000.00 2,650% 9,942.50 154,942.50 08/01/2026 - 8,021.25 8,021.25 02/01/2027 145,000.00 2,650% 8,021.25 153,021.25 08/01/2027 - 6,100.00 6,100.00 02/01/2028 80,000.00 2.750% 6,100.00 86,100.00 08/01/2028 - 5,000.00 5,000,00 02/01/2029 80,000.00 2.750% 5,000.00 85,000.00 08/01/2029 - 3,900.00 3,900.00 02/01/2030 85,000 00 3.000% 3,900 00 88,900.00 08/01/2030 - - 2,625 00 2,625.00 02/01/2031 85,000.00 3.000% 2,625.00 87,625.00 08/01/2031 - 1,350 00 1,350.00 02/01/2032 90,000,00 3,000% 1,350.00 91,350.00 Total $3,405,000.00 $475,232.53 $3,880,232.53 SIGNIFICANT DATES Dated Date .. 6/29/2017 Delivery Date 6/29/2017 First Coupon Date 2/01/2018 Yield Statistics Bond Year Dollars $18,975.17 Average Lite 5.573 Years Average Coupon 2.5044973% Net Interest Cost (NIC) 1.9811411% True Interest Cost (TIC) 1.9265162% Bond Yield for Arbitrage Purposes 1.6522508% All Inclusive Cost (AIC) 2.1697458% IRS Form 8038 Net Interest Cost 1.7729969% Weighted Average Maturity .. 5.638 Years 20174 GOGpilnlOullny2 / luw' i!umm0y / 8/8/2017 / 12,08 PM :i Springsted Final $1,180,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Police Station Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2018 100,000.00 2.000% 17,354.56 117,354.56 08/01/2018 - - 13,735.00 13,735,00 02/01/2019 70,000.00 2.000% 13,735.00 83,735.00 08/01/2019 - 13,035.00 13,035.00 02/01/2020 70,000.00 2.250% 13,035.00 83,035.00 08/01/2020 12,247.50 12,247.50 02/01/2021 70,000.00 2.250% 12,247,50 82,247.50 08/01/2021 - 11,460.00 11,460.00 02/01/2022 70,00000 1.400% 11,460.00 81,460.00 08/01/2022 - 10,970.00 10,970.00 02/01/2023 70,000.00 2.500% 10,970.00 80,970.00 08/01/2023 - 10,095.00 10,095.00 02/01/2024 75,000.00 2.500% 10,095,00 85,095.00 08/01/2024 - - 9,157,50 9,157,50 02/01/2025 75,000.00 2.500% 9,157.50 84,157.50 08/01/2025 - 8,220.00 6,220.00 02/01/2026 80,000.00 2.650% 8,220.00 88,220,00 08/01/2026 - 7,160.00 7,160.00 02/01/2027 80,000.00 2.650% 7,160,00 87,160.00 08/01/2027 6,100,00 6,100.00 02/01/2028 80,000.00 2.750% 6,10000 86,100.00 08/01/2028 - 5,000.00 5,000.00 02/01/2029 80,000.00 2.750% 5,000.00 85,000.00 08/01/2029 - 3,900.00 3,900.00 02/01/2030 85,000.00 3,000% 3,900.00 88,900.00 08/01/2030 - 2,625.00 2,625.00 02/01/2031 85,000,00 3,000% 2,625,00 87,625.00 08/01/2031 1,350.00 1,350.00 02/01/2032 90,000,00 3.000% 1,350.00 91,35000 Total $1,180,000.00 $247,464.56 $1,427,464.56 2017A GO CapBa/ outlay B / !bike Slnlion / 6/6/2017 / 12:09281 Springsteci Final $1,540,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Capital Outlay Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2018 205, 000.00 2.000% 19,763.11 224, 763.11 08/01/2018 14,730.00 14,730.00 02/01/2019 180, 000.00 2.000% 14, 730.00 194, 730.00 08/01/2019 12,930.00 12,930.00 02/01/2020 185,000.00 2.250% 12,930.00 197,930.00 08/01/2020 10,848.75 10,848.75 02/01/2021 185, 000.00 2.250% 10, 848.75 195, 848.75 08/01/2021 8,767.50 8,767.50 02/01/2022 190,000.00 1.400% 8,767.50 198,767.50 08/01/2022 - 7,437.50 7,437.50 02/01/2023 195,000.00 2.500% 7,437.50 202,437.50 08/01/2023 - 5,000.00 5,000.00 02/01/2024 200,000.00 2.500% 5,000.00 205,000.00 08/01/2024 - 2,500.00 2,500.00 02/01/2025 200,000.00 2.500% 2,500.00 202,500.00 Total $1,540,000.00 $144,190.61 $1,684,190.61 2017,4 Go Capitol Outlay 8 / Capital Out/ay / 6/6/2017 / 12:08 PM S prInq ti.')d Final $615,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A 2017 Streets Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2018 65,000.00 2.000% 8,250.33 73,250.33 08/01/2018 - - 6,355.00 6,355.00 02/01/2019 55, 000.00 2.000% 6,355.00 61, 355.00 08/01/2019 - 5,805.00 5,805.00 02/01/2020 60, 000.00 2.250% 5,805.00 65,805.00 08/01/2020 - 5,130.00 5,130.00 02/01/2021 60,000 00 2.250% 5,130.00 65,130.00 08/01/2021 4,455.00 4,455.00 02/01/2022 60,000.00 1.400% 4,455.00 64,455.00 08/01/2022 - 4,035.00 4,035.00 02/01/2023 60,000.00 2.500% 4,035.00 64,035.00 08/01/2023 - 3,285.00 3,285.00 02/01/2024 60,000.00 2.500% 3,285.00 63,285.00 08/01/2024 - 2,535.00 2,535.00 02/01/2025 65,000.00 2.500% 2,535.00 67,535.00 08/01/2025 - 1,722.50 1,722.50 02/01/2026 65,000.00 2.650% 1,722.50 66,722.50 08/01/2026 - 861.25 861.25 02/01/2027 65, 000.00 2.650% 861.25 65, 861.25 Total $615,000.00 $76,617.83 $691,617.83 2017A CO Capital Outlay 8 / 2017 Streets / 6/ 6/2017 / 12:08 PM Springsted Final $70,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A PW Security Improvements Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2018 10,000.00 2.000% 899.53 10,899.53 08/01/2018 663.75 663.75 02/01/2019 5,000.00 2.000% 663.75 5,663.75 08/01/2019 - 613.75 613.75 02/01/2020 5,000.00 2.250% 613.75 5,613.75 08/01/2020 - 557.50 557.50 02/01/2021 10,000.00 2.250% 557.50 10,557.50 08/01/2021 - 445.00 445.00 02/01/2022 10,000.00 1.400% 445.00 10,445.00 08/01/2022 375.00 375.00 02/01/2023 10,000.00 2.500% 375.00 10,375.00 08/01/2023 250.00 250.00 02/01/2024 10,000.00 2.500% 250.00 10,250.00 08/01/2024 125.00 125.00 02/01/2025 10, 000.00 2.500% 125.00 10,125.00 Total $70,000.00 $6,959.53 $76,959.53 20174 CO Capital Outlay 8 / PW Secu ily Improvements / 6/ 6/2017 / 12:08 PM p rings 1,G d Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Overlevy Date Levy Amount Levy/Collect Year 02/01/2018 02/01/2019 02/01/2020 02/01/2021 02/01/2022 02/01/2023 02/01/2024 02/01/2025 02/01/2026 02/01/2027 02/01/2028 02/01/2029 02/01/2030 02/01/2031 02/01/2032 380,000.00 310, 000.00 320, 000.00 325,000.00 330,000.00 335,000.00 345,000.00 350,000.00 145,000.00 145,000.00 80,000.00 80,000.00 85,000.00 85,000.00 90,000.00 2.000% 2.000% 2.250% 2.250% 1.400% 2.500% 2.500% 2.500% 2.650% 2.650% 2.750% 2.750% 3.000% 3.000% 3.000% 46,267.53 70,967.50 64, 767.50 57, 567.50 50,255.00 45,635.00 37,260.00 28,635.00 19,885.00 16,042.50 12,200.00 10,000.00 7,800.00 5,250.00 2,700.00 426,267.53 380, 967.50 384,767.50 382,567.50 380,255.00 380,635.00 382,260.00 378,635.00 164,885.00 161,042.50 92,200.00 90,000.00 92,800.00 90,250.00 92,700.00 447,580.91 400,015.88 404,005.88 401,695.88 399,267.75 399,666.75 401,373.00 397,566.75 173,129.25 169,094.63 96,810.00 94,500.00 97,440.00 94,762.50 97,335.00 447,580.91 400,015.88 404,005.88 401,695.88 399,267.75 399,666.75 401, 373.00 397,566.75 173,129.25 169,094.63 96,810.00 94,500.00 97,440.00 94,762.50 97,335.00 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 Total $3,405,000.00 - $475,232.53 $3,880,232.53 $4,074,244.16 $4,074,244.16 20/7.4 CO Capital Oullay 11 / Issue S5munaiy / 6/6/20/7 / 12:08 PM Final $1,180,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Police Station Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Overlevy Levy Amount Levy/Collect Date Year 02/01/2018 100,000.00 2,000% 17,354.56 117,354.56 123,222.29 123,222.29 2016/2017 02/01/2019 70,000.00 2.000% 27,470.00 97,470.00 102,343.50 102,343.50 2017/2018 02/01/2020 70,000.00 2.250% 26,070.00 96,070.00 100,873.50 100,873.50 2018/2019 02/01/2021 70,000.00 2.250% 24,495.00 94,495.00 99,219.75 99,219.75 2019/2020 02/01/2022 70,000.00 1.400% 22,920.00 92,920.00 97,566.00 97,566.00 2020/2021 02/01/2023 70,000.00 2.500% 21,940.00 91,940.00 96,537.00 96,537.00 2021/2022 02/01/2024 75,000.00 2.500% 20,190.00 95,190.00 99,949.50 99,949.50 2022/2023 02/01/2025 75,000.00 2.500% 18,315.00 93,315.00 97,980.75 97,980.75 2023/2024 02/01/2026 80,000.00 2.650% 16,440.00 96,440.00 101,262.00 101,262.00 2024/2025 02/01/2027 80,000.00 2.650% 14,320.00 94,320.00 99,036.00 99,036.00 2025/2026 02/01/2028 80,000.00 2.750% 12,200.00 92,200.00 96,810.00 96,810.00 2026/2027 02/01/2029 80,000.00 2.750% 10,000.00 90,000.00 94,500.00 94,500.00 2027/2028 02/01/2030 85,000.00 3.000% 7,800.00 92,800.00 97,440.00 97,440.00 2028/2029 02/01/2031 85,000.00 3.000% 5,250.00 90,250.00 94,762.50 94,762.50 2029/2030 02/01/2032 90,000.00 3.000% 2,700.00 92,700.00 97,335.00 97,335.00 2030/2031 Total $1,180,000.00 $247,464.56 $1,427,464.56 $1,498,837.79 $1,498,837.79 20174 GO Capital Outlay B / Police Slalion / 6/ 6/2017 / 12.08 PM Springsted Final $1,540,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Capital Outlay Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Overlevy Date Levy Amount Levy/Collect Year 02/01/2018 02/01/2019 02/01/2020 02/01/2021 02/01/2022 02/01/2023 02/01/2024 02/01/2025 205,000.00 180,000.00 185,000.00 185,000.00 190,000.00 195,000.00 200,000.00 200,000.00 2.000% 2.000% 2.250% 2.250% 1.400% 2.500% 2.500% 2.500% 19,763,11 29,460.00 25,860.00 21,697.50 17,535.00 14,875.00 10, 000.00 5,000.00 224,763.11 209,460.00 210,860.00 206,697.50 207,535.00 209, 875.00 210,000.00 205,000.00 236,001.27 219, 933.00 221,403.00 217,032.38 217,911.75 220,368.75 220,500.00 215,250.00 236,001.27 219,933.00 221,403.00 217,032.38 217,911.75 220,368.75 220, 500.00 215,250.00 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Total $1,540,000.00 - $144,190.61 $1,684,190.61 $1,768,400.14 $1,768,400.14 2017A GO 04,401 Outlay 8 / Capital Outlay / 6/ 6/2017 / 12:08 PM 5pr ngsted Final $615,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A 2017 Streets Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Levy Amount Levy/Collect Date Overlevy Year 02/01/2018 65,000.00 2.000% 8,250.33 73,250.33 76,912.85 76,912.85 2016/2017 02/01/2019 55,000.00 2.000% 12,710.00 67,710.00 71,095.50 71,095.50 2017/2018 02/01/2020 60,000.00 2.250% 11,610.00 71,610.00 75,190.50 75,190.50 2018/2019 02/01/2021 60,000.00 2.250% 10,260.00 70,260.00 73,773.00 73,773.00 2019/2020 02/01/2022 60,000.00 1.400% 8,910.00 68,910.00 72,355.50 72,355.50 2020/2021 02/01/2023 60,000.00 2.500% 8,070.00 68,070.00 71,473.50 71,473.50 2021/2022 02/01/2024 60,000.00 2.500% 6,570.00 66,570.00 69,898.50 69,898.50 2022/2023 02/01/2025 65,000.00 2.500% 5,070.00 70,070.00 73,573.50 73,573.50 2023/2024 02/01/2026 65,000.00 2.650% 3,445.00 68,445.00 71,867.25 71,867.25 2024/2025 02/01/2027 65,000,00 2.650% 1,722.50 66,722.50 70,058.63 70,058.63 2025/2026 Total $615,000.00 $76,617.83 $691,617.83 $726,198.72 $726,198.72 2017A CO Capital Outlay B / 2017 SM:cis / 6/ 6/2017 / 1208 PM Springs+ed Final $70,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A PW Security Improvements Post -Sale Tax Levies Payment Principal Coupon Interest Total P+I 105% Levy Levy/Collect Date Overlevy Amount Year 02/01/2018 10,000.00 2.000% 899.53 10,899.53 11,444.51 11,444.51 2016/2017 02/01/2019 5,000.00 2.000% 1,327.50 6,327.50 6,643.88 6,643.88 2017/2018 02/01/2020 5,000.00 2.250% 1,227.50 6,227.50 6,538.88 6,538.88 2018/2019 02/01/2021 10,000.00 2.250% 1,115.00 11,115.00 11,670.75 11,670.75 2019/2020 02/01/2022 10,000.00 1.400% 890.00 10,890.00 11,434.50 11,434.50 2020/2021 02/01/2023 10,000.00 2.500% 750.00 10,750.00 11,287.50 11,287.50 2021/2022 02/01/2024 10,000.00 2.500% 500.00 10,500.00 11,025.00 11,025.00 2022/2023 02/01/2025 10,000.00 2.500% 250.00 10,250.00 10,762.50 10,762.50 2023/2024 Total $70,000.00 $6,959.53 $76,959.53 $80,807.51 $80,807.51 2017.4 GO Capital Outlay 13 / PWSccurity Laprnvemcnts / 0/ 0/2017 / 12:08 PM Spring -'ed Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Settlement Report Dated 06/29/2017 l Delivered 06/29/2017 Price $3,504,307.70 Total Purchase Price $3,504,307.70 Good Faith Deposit (34,050.00) Due at Closing..., $3,470,257.70 2017/1 GO Capful Outlay 6 / Isvue Skmunary / 6/ 6/2017 / 12:08 PM Springsted Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Derivation Of Form 8038 Yield Statistics Maturity Issuance Value Coupon Price Issuance Price Exponent Bond Years 06/29/2017 - - - 02/01/2018 380,000.00 2.000% 100.644% 382,447.20 0.5888889x 225,218.91 02/01/2019 310,000.00 2.000% 101.413% 314,380.30 1.5888889x 499,515.37 02/01/2020 320,000.00 2.250% 102.797% 328,950.40 2.5888889x 851,616.04 02/01/2021 325,000.00 2.250% 103.498% 336,368.50 3.5888889x 1,207,189.17 02/01/2022 330,000.00 1.400% 100.000% 330,000.00 4.5888889x 1,514,333.33 02/01/2023 335,000.00 2.500% 105.066% 351,971.10 5.5888889x 1,967,127.37 02/01/2024 345,000.00 2.500% 104.965% 362,129.25 6.5888889x 2,386,029.39 02/01/2025 350,000.00 2 500% 104.943% 367,300.50 7.5888889x 2,787,402.68 02/01/2026 145,000.00 2 650% 106.003% 153,704.35 8.5888889x 1,320,149.58 02/01/2027 145,000.00 2.650% 105.639% 153,176.55 9 5888889x 1,468,792.92 02/01/2028 80,000.00 2.750% 105.616% 84,492.80 10.5888889x 894,684.87 02/01/2029 80,000.00 2.750% 105.616% 84,492.80 11.5888889x 979,177.67 02/01/2030 85,000.00 3.000% 107.007% 90,955.95 12.5888889x 1,145,034.35 02/01/2031 85,000.00 3.000% 107.007% 90,955.95 13.5888889x 1,235,990.30 02/01/2032 90,000.00 3.000% 107.007% 96,306.30 14.5888889x 1,405,001.91 Total $3,405,000.00 $3,527,631.95 $19,887,263.86 Description of Bonds Final Maturity Date 2/01/2032 Issue price of entire issue 3,527,631.95 Stated Redemption at Maturity 3,405,000.00 Weighted Average Maturity = Bond Years/Issue Price 5.638 Years Bond Yield for Arbitrage Purposes 1.6522508% Uses of Proceeds of Issue Proceeds used for accrued interest Proceeds used for bond issuance costs (including underwriters' discount) 66,726.25 Proceeds used for credit enhancement Proceeds allocated to reasonably required reserve or replacement fund 2017,4 CO Capital Outlay / 18vtic Summary / 6/6/2017 / 12:08 PM Springsted Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Proof Of Bond Yield @ 1.6522508% Date Cashflow PV Factor Present Value Cumulative PV 06/29/2017 - 1.0000000x - - 02/01/2018 426,267.53 0.9903568x 422,156.97 422,156.97 08/01/2018 35,483.75 0.9822423x 34,853.64 457,010.61 02/01/2019 345,483.75 0.9741942x 336, 568.27 793, 578.88 08/01/2019 32,383.75 0.9662121x 31,289.57 824,868.45 02/01/2020 352,383.75 0.9582954x 337,687.72 1,162,556.17 08/01/2020 28, 783.75 0.9504435x 27, 357.33 1,189, 913.50 02/01/2021 353,783.75 0.9426560x 333,496.38 1,523,409.88 08/01/2021 25,127.50 0.9349323x 23,492.51 1,546,902.39 02/01/2022 355,127.50 0.9272719x 329,299.74 1,876,202.13 08/01/2022 22, 817.50 0.9196742x 20, 984.67 1,897,186.80 02/01/2023 357,817.50 0.9121388x 326,379.22 2,223,566.02 08/01/2023 18,630.00 0.9046651x 16, 853.91 2,240,419.93 02/01/2024 363,630.00 0.8972527x 326,268.00 2,566,687.93 08/01/2024 14,317.50 0.8899010x 12,741.16 2,579,429.08 02/01/2025 1,074,317.50 0.8826095x 948,202.87 3,527,631.95 Total $3,806,355.03 $3,527,631.95 Derivation Of Target Amount Par Amount of Bonds $3,405,000.00 Reoffering Premium or (Discount) 122,631.95 Original Issue Proceeds $3,527,631.95 20171 CO Cnpiled Outlay B / Issue S m n.vy / 6/ 6/2017 / 12:08 PM Sprngsted Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Bond Balance Report Date Principal Coupon Interest Total P+I Bond Balance 02/01/2018 08/01/2018 02/01/2019 08/01/2019 02/01/2020 08/01/2020 02/01/2021 08/01/2021 02/01/2022 08/01/2022 02/01/2023 08/01/2023 02/01/2024 08/01/2024 02/01/2025 08/01/2025 02/01/2026 08/01/2026 02/01/2027 08/01/2027 02/01/2028 08/01/2028 02/01/2029 08/01/2029 02/01/2030 08/01/2030 02/01/2031 08/01/2031 02/01/2032 380,000.00 310, 000.00 320,000.00 325,000.00 330,000.00 335,000.00 345,000.00 350,000.00 145,000.00 145,000.00 80,000.00 80, 000.00 85,000.00 85,000.00 90,000.00 2.000% 46,267.53 35,483.75 2.000% 35,483.75 32, 383.75 2.250% 32,383.75 28,783.75 2.250% 28,783.75 25,127.50 1.400% 25,127.50 22,817.50 2.500% 22,817.50 18, 630.00 2.500% 18,630.00 14, 317.50 2.500% 14,317.50 9,942.50 9,942.50 8,021.25 8,021.25 6,100.00 6,100.00 5,000.00 5,000 00 3,900.00 3,900 00 2,625.00 2,625.00 1,350.00 1,350.00 2.650% 2.650% 2,750% 2.750% 3.000% 3.000% 3.000% 426,267 53 35,483.75 345,483.75 32,383.75 352,383 75 28,783.75 353,783.75 25,127.50 355,127.50 22, 817.50 357,817.50 18, 630.00 363,630.00 14, 317.50 364,317.50 9,942.50 154, 942.50 8,021.25 153,021.25 6,100.00 86,100, 00 5,000.00 85,000.00 3,900.00 88,900.00 2,625.00 87, 625.00 1,350.00 91,350.00 3,025,000.00 3,025,000.00 2,715,000 00 2,715,000.00 2,395,000.00 2, 395, 000.00 2,070,000.00 2,070,000.00 1,740,000.00 1,740,000.00 1,405,000.00 1,405,000.00 1,060,000.00 1,060,000.00 710,000.001 710,000.00 565,000.00 565,000.00 420,000.00 420,000.00 340,000.00 340,000.00 260,000.00' 260,000.00 175,000.00 175,000.00 90,000.001 90,000.00 Total $3,405,000.00 $475,232.53 $3,880,232.53 2017A GO Capital Outlay B / /Ssuc Summary / 6/ 6/2017 / 12;08 PM Spring ted Final $1,180,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Police Station Bond Balance Report Date Principal Coupon Interest Total P+I Bond Balance 02/01/2018 100, 000.00 2.000% 17, 354.56 117, 354.56 1, 080, 000.00 08/01/2018 13, 735.00 13,735.00 1,080,000.00 02/01/2019 70,000.00 2.000% 13,735.00 83,735.00 1,010,000.00 08/01/2019 13,035.00 13,035.00 1,010,000.00 02/01/2020 70,000.00 2.250% 13,035.00 83,035.00 940,000.00 08/01/2020 - 12,247.50 12,247.50 940,000.00 02/01/2021 70,000.00 2.250% 12,247.50 82,247.50 870,000.00 08/01/2021 11,460.00 11,460.00 870,000.00 02/01/2022 70,000.00 1.400% 11,460.00 81,460.00 800,000.00 08/01/2022 10,970.00 10,970.00 800,000.00 02/01/2023 70,000.00 2.500% 10,970.00 80,970.00 730,000.00 08/01/2023 10,095.00 10,095.00 730,000.00 02/01/2024 75,000.00 2.500% 10,095.00 85,095.00 655,000.00 08/01/2024 - 9,157.50 9,157.50 655, 000.00 02/01/2025 75,000.00 2.500% 9,157.50 84,157.50 580,000.00 08/01/2025 - 8,220.00 8,220.00 580,000.00 02/01/2026 80,000.00 2.650% 8,220.00 88,220.00 500,000.00 08/01/2026 7,160.00 7,160.00 500,000.00 02/01/2027 80,000.00 2.650% 7,160.00 87,160.00 420,000.00 08/01/2027 6,100.00 6,100.00 420, 000.00 02/01/2028 80,000.00 2.750% 6,100.00 86,100.00 340,000.00 08/01/2028 5,000.00 5,000.00 340,000.00 02/01/2029 80,000.00 2.750% 5,000.00 85,000.00 260,000.00 08/01/2029 3,900.00 3,900.00 260,000.00 02/01/2030 85,000.00 3.000% 3,900.00 88,900.00 175,000.00 08/01/2030 2,625.00 2,625.00 175, 000.00 02/01/2031 85,000.00 3.000% 2,625.00 87,625.00 90,000.00 08/01/2031 1,350.00 1,350.00 90,000.00 02/01/2032 90,000.00 3.000% 1,350.00 91,350.00 - Total $1,180,000.00 - $247,464.56 $1,427,464.56 20178 GO Capita/ Outlay 8 / Police Station / 6/ 6/2017 / 12.08 PM 5 r f Final $1,540,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Capital Outlay Bond Balance Report Date Principal Coupon Interest Total P+I Bond Balance 02/01/2018 205,000.00 2.000% 19,763.11 224,763.11 1,335,000.00 08/01/2018 - 14, 730.00 14, 730.00 1, 335, 000.00 02/01/2019 180,000.00 2.000% 14,730.00 194,730.00 1,155,000.00 08/01/2019 - - 12,930.00 12,930.00 1,155,000.00 02/01/2020 185,000.00 2.250% 12,930.00 197,930.00 970,000.00 08/01/2020 - 10,848.75 10,848.75 970,000.00 02/01/2021 185,000,00 2.250% 10,848.75 195,848.75 785,000.00 08/01/2021 - 8,767.50 8,767.50 785,000.00 02/01/2022 190,000.00 1.400% 8,767.50 198,767.50 595,000.00 08/01/2022 - 7,437.50 7,437.50 595,000.00 02/01/2023 195,000.00 2.500% 7,437.50 202,437.50 400,000.00 08/01/2023 5,000.00 5,000.00 400,000.00 02/01/2024 200,000.00 2.500% 5,000.00 205,000.00 200,000.00 08/01/2024 2,500.00 2,500.00 200,000.00 02/01/2025 200,000.00 2.500% 2,500.00 202,500.00 - Total $1,540,000.00 $144,190.61 $1,684,190.61 2017.4 GO Capital Outlay 8 / Capital Outlay / 6/ 6/2017 / 12:08 PM Springsted Final $615,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A 2017 Streets Bond Balance Report Date Principal Coupon Interest Total P+I Bond Balance 02/01/2018 65,000.00 2,000% 8,250.33 73,250.33 550,000.00 08/01/2018 6,355.00 6,355.00 550,000,00 02/01/2019 55,000.00 2.000% 6,355.00 61,355.00 495,000.00 08/01/2019 5,805.00 5,805.00 495,000.00 02/01/2020 60,000.00 2.250% 5,805.00 65,805.00 435,000.00 08/01/2020 5,130.00 5,130.00 435,000.00 02/01/2021 60,000.00 2.250% 5,130.00 65,130.00 375,000.00 08/01/2021 4,455.00 4,455.00 375,000.00 02/01/2022 60,000.00 1.400% 4,455.00 64,455.00 315,000.00 08/01/2022 4,035.00 4,035.00 315,000.00 02/01/2023 60,000.00 2.500% 4,035.00 64,035.00 255,000.00 08/01/2023 3,285.00 3,285.00 255,000.00 02/01/2024 60,000.00 2.500% 3,285.00 63,285.00 195,000.00 08/01/2024 2,535.00 2,535.00 195,000.00 02/01/2025 65,000.00 2.500% 2,535.00 67,535.00 130,000.00 08/01/2025 1,722.50 1,722.50 130,000.00 02/01/2026 65,000.00 2.650% 1,722.50 66,722.50 65,000.00 08/01/2026 861.25 861.25 65,000.00 02/01/2027 65,000.00 2.650% 861.25 65,861.25 - Total $615,000.00 $76,617.83 $691,617.83 20/ 7A GO Capital Out/ay 8 / 2017 Micas / 6/6/20/7 / /2:08 PM .Spr 1 cis Led Final $70,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A PW Security Improvements Bond Balance Report Date Principal Coupon Interest Total P+I Bond Balance 02/01/2018 10,000.00 2.000% 899.53 10,899.53 60,000.00 08/01/2018 663.75 663.75 60,000.00 02/01/2019 5,000.00 2.000% 663.75 5,663.75 55,000.00 08/01/2019 613.75 613.75 55,000.00 02/01/2020 5,000.00 2.250% 613.75 5,613.75 50,000.00 08/01/2020 - - 557.50 557.50 50,000.00 02/01/2021 10,000.00 2.250% 557.50 10,557.50 40,000.00 08/01/2021 - - 445.00 445.00 40,000.00 02/01/2022 10,000.00 1.400% 445.00 10,445.00 30,000.00 08/01/2022 375.00 375.00 30,000.00 02/01/2023 10,000.00 2.500% 375.00 10,375.00 20,000.00 08/01/2023 - 250.00 250.00 20,000.00 02/01/2024 10,000.00 2.500% 250.00 10,250.00 10,000.00 08/01/2024 - 125.00 125.00 10, 000.00 02/01/2025 10,000.00 2.500% 125.00 10,125.00 Total $70,000.00 - $6,959.53 $76,959.53 20I7A CO Capital Outlay 11 / PW Security Improvements / 6/ 6/2017 / 12:08 PM SpringsTeu Final $3,405,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2017A Issue Summary Detail Costs Of Issuance Dated 06/29/2017 1 Delivered 06/29/2017 COSTS OF ISSUANCE DETAIL Municipal Advisor $20,900.00 MA Out of Pocket Expenses $302.00 POS/Official Statement $800.00 Bond Counsel $8,600.00 Rating Agency Fee $11,500.00 Registrar $800.00 Miscellaneous $500.00 TOTAL $43,402.00 20) 7A GO Capital Oullny R / /sue Sanuna,y / 6/6/2017 / 1208 PM Springsted ::.01An Rg'rrik UMB Bank N.A. - Kansas City, MO's Bid City of Stillwater, Minnesota $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A For the aggregate principal amount of $3,405,000.00, we will pay you $3,504,307.70 $3,9-03,8-13,7-0, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturity Date 02/01/2018 02/01/2019 02/01/2020 02/01/2021 02/01/2022 02/01/2023 02/01/2024 02/01/2025 02/01/2026 02/01/2027 02/01/2028 1 02/01/2029 160M 2.7500 02/01/2030 1 02/01/2031 02/01/2032 260M 3.0000 Amount $ 390M 380M 310M 320M 325M 330M 335M 340M 345M 350M 1-40M 145M 145M Coupon % Yield % Dollar Price Bond Insurance 2.0000 0.9000 100.644 2.0000 11.1000 101.413 2.2500 1.1500 102.797 2.2500 1.2500 103.498 1.4000 1.4000 100.000 2.5000 1.5500 105.066 2.5000 1.7000 104.965 2.5000 1.8000 104.943 2.6500 1.8000 106.003 2.6500 1.8500 105.639 Total Interest Cost: Premium: Net Interest Cost: TIC: Total Insurance Premium: 1.9500 105.616 2.0000 107.007 $4-7-37388AT $9820 $371,564.97 1.926664% $475,232.53 $99,307.70 $375,924.83 1.926516% $0.00 Time Last Bid Received On:06/06/2017 10:25:02 CDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: UMB Bank N.A., Kansas City, MO Contact: Kristin Koziol Title: VP Telephone:816-860-7223 Fax: 816-843-4325 Issuer Name: Accepted By: Date: City of Stillwater, Minnesota June 6, 2017 Company Name: Accepted By: Date: UMB Bank, N.A. June 6, 2017 Our Story The Stillwater Public Library is a valuable cultural institution at the heart of the community. It is the place where children grow their curiosity, adults ramp up their skills or take time out to reflect. It is where the community meets, marries, studies, and watches the river flow by. Our library use increases and diversifies. Our library listens, adapts, and responds. Our Strategic Plan 1 0 r Stillwater Public Library STRATEGIC PLAN 2014-2017 SIA.I SS I O The m ss on a '' water Public Library is to promote the power of knowledge, encourage the discovery of ideas, and instill the joy of reading. The Stillwater Public Library is recognized throughout the community as the center for advancing literacy, enriching lifelong learning, and empowering civic engagement. FACILITY & COLLECTIONS Maximize Use of the Building Space and Collections to Better Address Community Needs ORGANIZATIONAL RELATIONSHIPS & STRUCTURES Foster a Culture of Organizational Innovation and Effectiveness COMMUNITY ENGAGEMENT Broaden Communication, Outreach and Services Throughout the Community The Changing Face of the Library Libraries are a key part of the community, but the way that they are used is changing. While traditional print books and materials continue to be important and valued resources, patrons now have instant access to information via the internet and are increasingly checking out electronic materials and accessing the library's online databases. In this digital age, however, physical visits are increasing as the community is using the library for a variety of other services. The library is .. . • A first stop for tech help: Our library staff are regularly assisting patrons one-on-one with tech questions regarding their tablets, phones, email accounts, and apps. • A printing hub: Many patrons are not maintaining home printers. The library is their go -to destination for printing needs including boarding passes, permission forms, packing slips, reports, and more. • A door to communication and the internet: In this digital era, more than a quarter of U.S. households do not have a computer with an internet connection. The Library's public computers and free wi-fi allow users to connect. Don finds the library to be the best place for computer work. "The computers always work, the printers always work, and there's always someone to ask if I have a question." The Changing Face of the Library The library is .. • A social services information provider: Patrons call or visit the library seeking information and referrals to social service agencies for assistance with housing, food, and safety concerns. • A personalized search engine: In the past, finding enough information was the challenge. Now, we face an overload of data. Librarians educate users on how to filter search results to find relevant and accurate info on subjects ranging from medical questions and taxes to household repair and consumer products. • An employment assistance center: Library staff assist patrons in their job searches. Staff help patrons use online search tools to identify openings. Staff work with users on how to complete online job application forms or assist them in using Word to write and submit resumes. "Google Can BringYou Back loo,000 Answers. A Librarian Can Bring You Back the Right One." Neil Gaiman, Author The Changing Face of the Library The library is .. . • A place to meet, gather, and retreat: The library provides year-round gathering spaces for the community with opportunities for both social interaction and quiet reflection. Meeting space is in demand at the library with all rooms booked many evenings. Groups meeting at the library • 4H • • AAUW • • Andersen Corp • • Arcola Mills • • Boy Scouts • • Brown's Creek • City of Stillwater • • DFL Party • DNR • • First State Bank & Trust • • Girl Scouts • • Greater Stillwater Chamber - of Commerce • Homeschool Groups • Homeowner's Associations • NAMI • • National Park Service Republican Party SARA St. Croix River Association St. CroixValleyWomen's Alliance Stillwater Area Public Schools Stillwater Medical Group Toastmasters TEDx Stillwater Thrivent Financial Washington County Writing Groups and many more • A way to engage, connect, and give back: In 2016, the library's 40 adult and 24 teen volunteers provided 2,574 hours of service to the library. Volunteering allows individuals to give meaningfully of their time and talents, provides opportunities to build relationships and learn new skills, and increases connections to our community. What's Happening atthe Library? 2016 was the second full year of the library's 2014-2017 Strategic Plan. As called for in the plan, the Library: • Focused on the customer's experience and increased efficiency by combining the circulation and information desks. With a co -located desk, users don't have to worry about what desk is appropriate for their needs. Staff members are able to spend more time serving users throughout the building and offering increased outreach to the community. • Continued Sunday Hours during the school year through a grant from the Stillwater Public Library Foundation. • Enhanced PR efforts. The library refined and improved the its newly launched website and online newsletter Shelf Life. One print letter was mailed with the City newsletter in 2016. • Developed plans for strengthening and expanding partnerships. In 2016, library staff began inventorying current partnerships and assessed how to build partnerships that will advance outreach. 2016 partnerships included WCL, ArtReach St. Croix, Headstart, ECFE, Stillwater School District, Community Thread, and Valley Friendship Club. 53 People per HourVisited the Library in 2016 We are a community hot spot as well as a WiFi hot spot. ittlit litiftl MHO Itlitili 4.7,41,711-11; t Circulation of Physical Items 2002-2016 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 Annual physical circulation has been stable over the years. Circulation increased during the recession and has continued at fairly steady levels. 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 E -Materials Checkouts by Stillwater Cardholders 2011-2015 Checkouts of electronic materials by Stillwater Cardholders continues to increase. Nationally, having e -books as part of a public library's collection was related to higher circulation and higher rates of visitation to the library. 1 E -books E -Audio Books • 2013 2014 • 2015 • 2016 E -Magazines Total E -Checkouts Usage Type by Stillwater Cardholders Although e -materials checkouts are increasing, the majority of items that Stillwater residents"check out" are physical items. ■ Physical Items E -Checkouts Circulation at SPL by Residence i80000 i60000 140000 120000 100000 80000 60000 40000 20000 The majority of items checked out at SPL are checked out by Stillwater residents. 0 IIui...:__I e.a a o�ae �ocJ oZ� cps) �\\ • �� �o� awe �a� <b ooa �'-\< o a\Qat �a�et AA- „o. L") O c�0 'a5 et Oar Libraries in the County Used by Stillwater Residents Most library use by Stillwater residents occurs at SPL. ■ Stillwater Bayport Stafford ■ Wildwood Oakdale ■ Creek ■ All Other WCL Branches Comparison to Other City Libraries of Similar Size We pulled comparisons with other libraries in cities with about the same population that have a city public library. It shows that Stillwater has a healthy participation rate, a bigger collection and higher circulation than the others, and is a desirable meeting spot for the community. Source: 2016 Annual Reports to the State of Minnesota. City Fergus Falls Grand Rapids Hibbing Northfield Red Wing South St. Paul Stillwater Population 18,663 21,205 16,316 26,851 20,772 20,351 19,754 Percent of Registered Residents 102% 52% 52% 57% 58% 56% 62% Visits 144,460 134,357 83,190 143,093 154,052 70,525 149,618 Total Public Service Hrs/Yr 2,853 2,596 2,140 2,976 2,385 2,657 2,782 Total Physical Materials Owned 64,939 74,541 85,830 70,368 82,139 66,251 106,030 Total Physical Circulation 224,939 163,483 88,282 266,472 211,651 109,151 299863 Total E - Materials Circulation 13,792 20,267 10,213 19,265 14,477 10,341 24,047 Total Public Internet Computer Sessions 15,051 15,501 14,536 17,706 25,317 9,026 24,364 Total Wireless Sessions 11,241 N/A 4,860 53,779 8,750 8,301 32,031 Total Programs 615 349 138 Total Program Meetings Attendance & Events 17,586 111 10,839 491 6,986 0 408 8,501 175 317 7,596 344 414 8,247 313 9029 648 122 Finances In addition to generating revenues through enterprise funds, the library staff searches for additional funding opportunities. In 2016 the Library was fortunate to receive grants and gifts from: • Legacy Arts Programming • Stillwater Public Library Foundation Grants • Friends of the Stillwater Public Library Gifts • Stillwater Township Gift • Individuals Gifts Library's Portion of City Levy $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 55, 000, 000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- 15.65% 14.66% 14.38% 2011 2012 2013 14.52°/ 14.39% 13.20% 2014 2015 2016 ■ Library's Portion of City Levee ■ Total City Levee 2016 Library Revenues (Including In -Kind Gifts): X1,551,636 City Capital Transfer, $81,754 Library -Generated /Revenues, $104,964 Library Foundation, $100,659 I Other Gifts/Grants, L $23,516 Volunteers L (2574.75 Hours), $60,662 2016 Operating & Capital Expenditures (Excluding Supplemental/Grants) 2016 Revenue: Property Taxes: $1,171,625 Capital Outlay: $81,754 Library -Generated Revenue: $1o4,964 Total: $1,358,343 2016 Expenditures: $1,361,92o Net: -$3,576 Supplies, $13,033, 1% Miscellaneous, 54,056, o% Capital Outlay, $81,754, 6% Services, 5161,049 12% Materials, 5100,367, 7% Benefits, 5239,428, 18% Wages, $762,233, 56% 2016 Supplemental & Grant Expenditures (Excluding Volunteer Hours) Supplemental & Grant Funds: 2016 Revenue: $132,631 2016 Expenditures: $133,251 While city funds are year-to-year, supplemental grant funding can extend over multiple years. Misc, $315 , 0% Programs, $3,177, 2% In Kind: Other, $5,628, 4% Staff Service, $10,194 , 8% In Kind: Vol & Event Coordinators, $42,925 , 32% Supplies & Equip, $12,485 , 9% Improvement Projects, $13,982 , 11% Materials, $27,685 , 21% Sundays, $16,859 , 13% Library Value Calculator The value that the Library provided to the community in 2015 was $8,872,016. Library value calculators were developed in order to demonstrate the savings that a community realizes by sharing resources through a public library. This table shows the estimated cost that would be borne by Stillwater area community members if they purchased the materials and services the they have received through the Stillwater Public Library in 2016. The first value calculator was developed by the Massachusetts Library Association in 2004. The Maine State Library has updated the calculator, providing estimated 2015 retail values. Use of SPL Service Est. retail value each Total value to users 246,514 Books $25A7 6,278,712 6,537 Magazines 5 32,685 31,199 OVOs 17 530,383 7,606 Music CDs 22 167,332 13,311 Audiobooks 41 545,751 3,620 eAudiobooks 25 90,500 9,629 eBooks 15 144,435 5,514 ePeriodicals 5 27,570 1648 Kits (Books & , Audio) 75 123,675 Est. 364 Online tutoring per hour 35 249,254 Online job Est. 30 coaching per hour 35 1,050 3,065 Interlibrarg loans 30 91,950 648 Meeting room uses 50 32,400 819 Programs or classes - adult 14 11,466 441 Programs or classes—teens 11.5 5,072 7,769 Programs or classes - child 11.5 _ 89,344 Internet 24,634 computer sessions 12 295,608 10,322 Reference uestions 15 154,830 TOTAL VALUE , 72,01 Programming Programming is a way to make stories leap off the page, teach new skills, and bring community members together around their interests. Adult Programs Adult programming strives to interest adults in library activities beyond the traditional offerings with which they may be familiar, billing ourselves as the original Pinterest. Programs included craft workshops, computer skills classes, author appearances, and another successful year of the Adult Summer Reading Program. More than 4o free programs More than 800 participants • Internet aoi • Mystery Book Club • Writing Classes • Fireside Knit • Microsoft Word Basics • Image Editing • Art Classes • Summer Concerts on the Terrace ■ AAUW Program ■ Gallery Exhibits ■ TedX Sessions Jrni .,051<5h1 II F<x slwi• TEDXStiIIwater x� independently organized TEL} event JI 11. Nr .L a Fa};hole .."1 3erhegt zr1..n II j n01ew ♦G1 Ihal l Ai +oll Y.11alrl ...wI4�1P91 Y.. I..1.a.�T. elf ilrrttill+.III :' ..... . 1 NtOTh rehrM 111 ='Ynd Ca t+hltI twgh '.y:1rellelimt Ae h. td1 , 1 G [iloa TEEN BOOK CLIJB Saturday, Detombar10, 7016 1039 am- 3:0O pm Stillwater Public LlMary Teen Area Teen Programs With the active help of the Teen Advisory Board, programs for teens included writing classes, poetry slams, book clubs, and Teen Read Week. We continue to experiment to find the best programs to interest teens, one of the target audiences mentioned specifically in the strategic plan. In 2016, teen volunteers became leaders and teachers through our summer programming series Teens Teach STEM. In a collaborative effort with Bayport Public Library, teen volunteers led science, technology, math, and engineering activities for children ages 6-io years on Tuesdays in Stillwater and Wednesdays in Bayport. "Working at the library was my favorite volunteer experience ever. Books and reading were a big part of my life growing up, so supporting the library and helping younger kids enjoy and understand it is really gratifying." - Katie, SPL Teen Volunteer SECRET Children's Programs The library runs very successful programs for children year round. Storytimes stress pre -literacy and literacy skills. The summer reading program helps children maintain reading skills over the summer months. And, collaborations with artists, musicians, and scientists fueled children's imaginations. 270 programs attended by 8,210 children and teens in 2016 " I cannot begin to thank you for all the support you gave to my family this summer. I have discovered the wonders of the local library with my grandchildren. My 9 year-old grand -daughter needed to complete a summer project for school. Everyone had so much patience, time, and caring to help her. Her 6 year-old brother is a sweet little boy with special needs. School has been a struggle for him. Reading a chore. The librarians were able to encourage him to do things that I could not ever imagine him doing. He is now doing well in school and is on grade level in first grade. Without all the wonderful programs, he would not be as comfortable talking to others. He is able to express his thoughts and he even asks to read books. Their 2 year-old brother is a handful. But I am taking him to the story hours on Tuesday and Wednesday. He loves the stories and crafts. He is now singing the songs and trying to do the hand motions. I plan on continuing to attend as much as possible to give him a basis for learning to love to read. It is so incredible how much these children have improved in one summer. By these experiences a new world has opened to them and I believe it has expanded and has enriched their lives. Thanks so much for having the programs and people to do that." - Helen, Library Patron, 2016 "By these experiences a new world has opened to them, and I believe it has expanded and has enriched their lives. Thanks so much for having the programs and people to do that." Sunday Hours The Stillwater Public Library continued Sunday Hours in 2016, open from 1:00 — 5:00 pm on Sundays in January through May and again in September through December. Sundays were funded by a grant from the Stillwater Public Library Foundation. The public tells us that Sunday is an important day for their library use: "The doors open at 1:oo p.m. and right away there is a line of people. Often, there are people in every nook and cranny — studying, reading the newspaper, enjoying a book. The study rooms are all in use." "Sundays are a cool family time. It is especially fun to see grandparents bringing their grandchildren to the library." - Gail, SPL Librarian "We like Sundays. We like that the library is available when we are. The staff is always so helpful with the computers and the library is a very pleasant place to be." - Jean and Jay Community Partnerships As a major thrust of the Library's strategic plan, partnerships help the library become closer to the community and reach its outreach targets. The Library currently works with many organizations and looks forward to developing new community connections. Current partners include: The Washington County Library Area Preschools The Minnesota Digital Library * Community Thread ECFE Headstart *Valley Friendship Club ArtReach St. Croix °' Darn Knit Anyway Valley Booksellers * The Science Museum * Therapy Dogs * White Bear Center for the Arts * Area Elementary Schools* The History Network fa, The Washington County Historical Society Libraries change lives. L Thank you for supporting the library and our community. We look forward to continuing our collaboration with the city in providing this valuable resource. Questions? RESOLUTION 2017-103 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 $924,383.51 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 6th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2017-103 Page 1 LIST OF BILLS Abbott Paint Able Hose & Rubber Inc. Advance Auto Parts Amano McGann Inc Amdahl Locksmith Inc Chris Ancom Communication Inc. BaIlis Tom Batteries Plus Bulbs Becker Fire Safety Services LLC Board of Water Commissioner Braun Intertec Corporation Brock White Co. LLC CDW Government Inc. Century Power Equipment City of St. Paul Cole Papers CoStar Realty Information Inc County Materials Corporation Coverall of the Twin Cities Cub Foods Customized Fire Rescue Training Inc Dakota County Technical College Davids Hydro Vac Dell Marketing L.P. Display Sales Co. ECM Publishers Emergency Medical Products Esch Construction Supply Ess Brothers & Sons Inc. Fastenal Company Fire Marshals Assoc. MN Flagship Recreation Forestry Suppliers Inc. Frontier Ag & Turf Frost Inc Galls LLC GASB GearGrid Geier Maureen Gertens Wholesale Gimmees.com Gopher State One Call Inc. Granicus Inc H&L Mesabi Harris Companies Paint Supplies Equipment repair supplies Multi -space parking meters Locks rekeyed Fire pagers Reimburse for Title fees Battery Police Dept April & May WAC Charges Police station Siltsock Outlet strips Equipment repair supplies Asphalt Janitorial supplies Property professional Storm sewer repairs Commercial Cleaning Services Coffee & Water Rescue ropes course Training Hydroexcavation Speakers for PCs Flags Publications Glove box holder Water tank Strom sewer repair parts Equipment repair supplies Membership Elbow slide section Paint Supplies Equipment repair supplies Fleece & boots Subscription Police Station Reimbursements Flowers Sprts bottles and safety flashers Locates Qtrly web streaming service Tensiloy loader bolt on blades Refund of portion of plan review 68.74 115.28 230.96 9,921.65 695.00 10,069.00 41.75 39.99 176.00 25,324.00 1,755.50 609.23 493.10 314.44 587.43 468.68 360.61 1,477.60 2,312.00 43.95 4,500.00 750.00 1,535.00 363.84 710.40 726.95 63.90 98.00 1,253.00 1,192.89 40.00 580.00 273.79 105.69 583.58 446.27 252.00 1,134.00 156.77 2,167.00 790.96 25.65 1,086.00 1,047.24 1,191.01 EXHIBIT "A" TO RESOLUTION #2017-103 Hartman Brett Heavy Equipment Repair Inc. Henricksen PSG Heritage Printing Inc. Hildi Inc Hoisington Koegler Group Inc Holiday Companies Hollotec Iceman Industries Inc. Jamar Technologies inc Jefferson Fire and Safety Inc. L3 Com Mobile -Vision Loffler Companies M.J. Raleigh Truck Co. MacQueen Equipment Inc. Mansfield Oil Company Marshall Electric Company Menards Meredith Nathan Metropolitan Council Metropolitan Mechanical Contractors Mid-America Business Systems MINNCOR Industries MN City/County Mgmt Assoc. MN Pollution Control Agency MN Rural Water Association MTI Distributing Municipal Emergency Services Municode My Alarm Center Nelson Auto Center Office Depot O'Reilly Auto Parts Peters Mary Pioneer Press Planet Technologies Pomps Tire Service Inc. Primary Products Co. Quill Corporation Red Cedar Steel Erectors Inc Rehn Code Consulting Services Riley Construction Secure by Design Inc ServiceMaster by Ayotte Simplifile LC Sirotiak Loren SiteOne Landscape Supply Park Fee Refund Round tubing Police station Window Envelopes Fire Relief Valuation for GASB 68 Professional services Vehicle washes Training Liquid dust control Equipment repair supplies Bunker gear replacement Computer equipment Computer equipment & software Black dirt Training Day 5 people Fuel Lily Lake parking lot restroom Supplies Reimburse for lunch with reserves May SAC Maintenance Police station Desk Membership Wastewater Certification Exam MRWA Wastewater Collection System Training Equipment repair supplies Helmets & safety equipment Ordinance pages Alarm Monitoring Services 2017 Police Interceptor Office supplies Equipment repair supplies Refund of credit Balance on UB acct Subscription - Turnblad SharePoint implementation services Tires Nitrile gloves File car Repair rappelling hooks Plan review Refund of WAC Charges Ninite Pro Commercial post construction clean Recording fees Reimburse for Mileage Park facility supplies Page 2 85.00 135.00 1,718.00 159.00 1,000.00 2,303.75 300.00 395.00 4,150.00 237.62 7,635.83 16,675.05 12,306.72 1,392.63 300.00 5,136.61 3,339.00 1,372.53 39.80 36,902.25 813.00 32,228.84 876.00 167.00 55.00 450.00 411.73 840.39 1,118.80 98.82 80,564.85 1,064.87 63.79 252.30 5.25 1,450.00 1,585.71 193.96 139.99 1,910.00 8,410.83 2,000.00 240.00 1,245.00 50.00 202.22 777.86 EXHIBIT "A" TO RESOLUTION #2017-103 Snap Sports SRF Consulting Group St. Croix Boat and Packet Co. Stillwater Motor Company T.A. Schifsky and Sons Tessman Seed Co. St. Paul Total Parking Solutions Inc. Tri-State Bobcat Truck Utilities Inc. UHL Company Uline Inc USAble Life Valley Trophy Inc. Verizon Wireless Washington County Recorder Watson Appliance Service Wenck Construction Wolf Marine Inc. Wulfing David Young Christy Zoll Medical Corp LIBRARY Baker and Taylor Brechon Melissa J. Brodart Co Communication Systems Specialists Kinder Melodies Midwest Tape Office of MN IT Services Quill Corporation Toshiba Business Solutions Xcel Energy REC CENTER 1ST Line/Leewes Ventures LLC Advance Auto Parts AT&T Mobility Coca-Cola Distribution Comcast Ice Skating Institute Menards Minnesota Department of Health Nardini Fire Equipment Riedel! Shoes Inc. Armory gym Downtown plan update Ramp cleaning Vehicle service Asphalt Fertilizer Receipt paper Bobcat rental Equipment repair supplies Equipment repair charges 55 gallon fiber drum Term Life Insurance Plaque Wireless services Assessing Service Fee Equipment repair supplies Police station Summer slip lease Reimburse for K9 boarding Park Fee Refund AED Pro & supplies Materials Interim Library Director - May Materials Public Workstation Wiring Programs - Juv (SPLF) Materials Telephone - April Supplies Maintenance Contract Energy Snacks for concessions Equipment repair supplies Cell phone Beverages for concessions TV Internet & Voice Skater memberships Supplies Hospitality fee Inspection Stakes Page 3 23,585.20 4,583.33 810.00 1,441.77 3,401.84 73.84 195.00 660.00 34.00 266.00 348.00 434.40 175.00 767.31 106,108.43 89.95 30,504.92 750.00 70.00 100.00 3,212.63 968.37 7,000.00 1,448.34 2,130.25 225.00 932.79 379.44 362.28 111.23 4,729.05 310.35 18.73 61.45 1,036.88 374.05 1,448.00 49.42 35.00 71.75 18.68 EXHIBIT "A" TO RESOLUTION #2017-103 Sentry Systems Inc. Alarm monitoring Vic's Crane and Heavy Haul Inc. Equipment CREDIT CARDS Accessory Tech Amazon.com Backgroundchecks.com BCA Training & Auditing Ebay Greater Stillwater Chamber of Commerce GTS Educational Events Home Depot Magnetic Mic Neopost Great Plains Signcad Systems Inc. U of M Bookstore Varidesk Walgreens MAY MANUALS Century Link Comcast Racine North Xcel Energy ADDENDUM Acoustics Assoc Century Link Dama MP Inc Esser Glass Jackson & Assoc Kellington Construction League of MN Cities Magnuson Law Firm Multiple Concepts Interiors Pereboom Jesse Phasor Electric Pinnacle Wall Systems Pomps Tire Service Sams Marine Thurnbeck Steel Fabrication Verizon Wireless Wasch Commercial Finishes Washington County License Center 23 Cell phone belt clips Supplies Background checks Training Supplies State of the City Eggs & Issues Land use & planning workshops Power converter Magnetic mic Ink & labels for postage machine Maintenance Reference manuals Desk Picture for board Phone TV & Internet PD Computers Energy Police Project Phone Entry key box Police Project Police Project Police Project Claim Professional Service Police Project Reimburse for Mileage Police Project Police Project Tires & Labor Boat repair Police Project Police wireless service Police Project Registration Page 4 140.85 832.50 551.08 383.32 40.45 250.00 37.23 100.00 210.00 35.74 34.95 289.25 902.50 117.45 495.00 16.00 41.51 251.86 5,580.00 27,053.29 37,762.50 404.42 159.00 14,250.00 102,101.15 71,069.64 1,000.00 15,264.33 12,658.75 72.01 70,300.00 13,165.57 6,854.26 392.50 3,776.25 612.20 4,612.72 104.25 EXHIBIT "A" TO RESOLUTION #2017-103 Page 5 Xcel Energy Adopted by the City Council this 6th Day of June, 2017 Energy 24,159.45 TOTAL 924,383.51 Stiliwater Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 6/6/2017 Re: Planning Commission Re -Appointment Two members of the Planning Commission had terms expire May 1, 2017, and both requested reappointment. We published the openings, and applications were received. The recommendation of the Chair and Council liason is to reappoint Ms. Fletcher and Mr. Hade with their terms expiring May 1, 2020. This brings the Commission to seven (7) voting members with the Council liason as a non-voting member at this time, If Council agrees with the recommendation they should pass a motion adopting a resolution approving reappointment of Jenna Fletcher and Sean Hade to the Planning Commission. RESOLUTION 2017-108 REAPPOINTING JENNA FLETCHER AND SEAN HADE TO THE PLANNING COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that at their June 6, 2017 regular City Council meeting they made the following reappointments: • Reappoint Jenna Fletcher with her term expiring May 1, 2020. • Reappoint Sean Hade with his term expiring May 1, 2020 Adopted by Council this 6th day of June, 2017. Attest: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: MIS Date: 6/5/17 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a new printer for the Inspections Department. Their printer is not working correctly and is too old for repair. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Money for this purchase was not budgeted for in the 2017 Capital Outlay budget. However, Money was budgeted for a software project that will not be able to take place this year because the software vendor is not ready to roll out the updated software. We will use some of this money to purchase the new printer. Total cost will be approximately $1500.00 ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: RMH Re-efAikektOi0 /PP z mt, yuftde Date: 6/5/17 7 RESOLUTION 2017-109 APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING KNIGHTS OF COLUMBUS 1632 WHEREAS, Knights of Columbus 1632 has submitted an application to the City of Stillwater requesting City approval of an Application to Conduct Off -Site Gambling for bingo in Lowell Park, Stillwater, MN 55082; and WHEREAS, the dates for the off-site gambling will take place during Lumberjack Days on July 21, 22, and 23, 2017; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approve of the Application to Conduct Off -Site Gambling from the Knights of Columbus 1632 during the date stated above. The City Clerk is directed to attach a copy of this resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 6th day of June, 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward City Clerk MINNESOTA LAWFUL GAMBLING LG230 Application to Conduct Off -Site Gambling 6/15 Page 1 of 2 No Fee ORGANIZATION INFORMATION Organization Address: Chief Executive Gambling 1910 Name: Stillwater Knights of Columbus 1632 License Number: 04684 Greeley St S City: Stillwater , MN Zip: 55082 Manager Officer (CEO) Name: Tom Thul Daytime Phone: 651-755-8394 Name: 3oseph Swiersz Daytime Phone: 612-270-5595 GAMBLING ACTIVITY Twelve off-site Check the From type eventsareallowedas, �each calendar year to LJili5' / 17 not to exceed a total of 36 days. 1S Bingo IITlpboards lI Paddlewheel _1_/_„1_17. _ of games that will be conducted. Raffle II Pull -Tabs ✓ GAMBLING PREMISES Name Street City Does of address (or • • your location township): Do not If no organization Yes where gambling activity will be conducted: and Intersection of Myrtle St and Lowell Park - Stillwater Water St Zip: 55082 County: Washington use a post office box. street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42). own the gambling premises? If yes, a lease is not required. If no, the lease agreement below must be completed, and signed by the lessor. TelNo LEASE AGREEMENT FOR OFF-SITE ACTIVITY (a lease agreement is not required for raffles) Rent to be All obligations • • • Lessor's Print Lessor's paid Any This lease gambling Other Lumberjack for the leased area: $ 0 (if none, write "0") and agreements between the organization and the lessor are listed below or attached. attachments must be dated and signed by both the lessor and lessee. and any attachments is the total and only agreement between the lessor and the organization conducting lawful activities. terms, if any: Committee to supply tent, tables, chairs, electical outlets, and intercom with speakers. Signature: Date: Name: CONTINUE TO PAGE 2 LG230 Application to Conduct Off -Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL for a gambling premises located within city limits COUNTY APPROVAL for a gambling premises located in a township City Name: Date Approved Resolution (If none, Signature 1 1 � ( County Name: by City Council: Date Approved by County Board: Number: Resolution Number: attach meeting minutes.) of City Personnel: (If none, attach meeting minutes.) Signature of County Personnel: Title: CA ex Date Signed: (9'5 ' j 1 Title: Date Signed: TOWNSHIP NAME: Local unit of government must sign. Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, an II information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in this application. /A , 6 ---.5 - cc)o/i'Y Signatu of CEO (must be CEO's signature; designee may not sign) Date Mail or fax to: Minnesota Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 No attachments required. Questions? Contact a Licensing Specialist at 651-539-1900. This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The Information requested on this form (and any If the Board does not Issue a permit, all information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which determine your organization's qualifications to be Involved in lawful will remain public. gambling activities In Minnesota. Your organization has the right to refuse Private data about your organization are available to: Board members, to supply iothe in, the Board may noter, if ableborganization determin refuses to supply Board staff whose work requires access to the information; Minnesota's this information, the Board may not be to determine your organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organization's name and address will be public information when specifically authorized by state or federal law to have access to the received by the Board. All other information provided will be private data Information; individuals and agencies for which law or legal order about your organization until the Board issues the permit. When the authorizes a new use or sharing of information after this notice was given; Board Issues the permit, all information provided will become public. and anyone with your written consent. An equal opportulty employer RESOLUTION 2017-110 APPROVING THE 2017-2018 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION WITH WASHINGTON COUNTY BE IT RESOLVED by the City Council of Stillwater, MN that the acceptance of the 2017-2018 recycling grant distribution from Washington County, as on file with the City Clerk is hereby approved and that the Mayor are authorized to execute the agreement on behalf of the City of Stillwater Adopted by the Stillwater City Council this 6t1 day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 2017-18 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2018. 2. The County's Obligations: The County will pay the Grantee an amount of up to $70,340.00 which is to be used for recycling program expenses in 2017 and 2018. Payment will be made in two installments, one in 2017 and one in 2018. The 2017 payment will be made within 60 days of execution of this Agreement and the 2018 payment will be made within 60 days of the county approving the grantee's 2017 recycling work plan projects. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2017-18 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2017 and 2018 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by August 1, 2017. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Grantee will prepare and submit annual work plan project reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31st of the year following the reporting period. The annual reports are available on the County's Municipal Recycling Grant Application and Reporting software (Re-TRAC Connect). f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public works buildings, parks, and for city/townships that arrange for waste services on behalf of -1- g. their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance 4178 or its replacement, Ordinance #194, effective July 1'', 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 1. Indemnification The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Grantee in the performance of this agreement. 2. Insurance Requirements The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: A. Commercial General Liability and Professional Liability with contractual liability coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. B. Automobile coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. C. Worker's Compensation in statutory amount. Prior to the effective date of this Agreement, the Grantee will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Grantee shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Grantee to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. 3. Data Practices: All data collected, created, received, maintained, or disseminated for any purpose by the activities of the contractor, because of this agreement shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended. The contractor/Grantee is subject -2- to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity. The remedies contained in section 13.08 of the Act shall apply to the contractor/Grantee. 4. Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 5. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 6. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 7. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 8. Firearms Prohibited: Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Grantee shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Agreement; and, in addition to any other remedy available to the county under law or equity. Violation of this provision is grounds for immediate suspension or termination of this contract. 9. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. -3- 10. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 11. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. -4- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE WASHINGTON COUNTY BY BY Chair, Washington County TITLE Board of Commissioners DATE DATE FEDERAL ID # BY Molly O'Rourke County Administrator DATE Recommended for action: By Lowell R. Johnson, Director Department of Public Health & Environment DATE APPROVE II AS TO FORM BY Ass't Washington Co. Attorney DATE h -5- RESOLUTION 2017-111 APPROVAL OF LEASE AGREEMENT WITH MAX TODO MARINE SERVICES, INC. BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement between Max Todo Marine Services, Inc. and City of Stillwater for lease of City property formerly the "Barge Property" as it appears on "Exhibit A", as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 6th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk LEASE AGREEMENT THIS AGREEMENT made this day of , 2017, between the CITY OF STILLWATER, Washington County, Minnesota, a Home Rule City of the Third Class ("City") and MaxToDo Marine Services, Inc., a Minnesota corporation, ("MaxToDo" and "Tenant"). 1. Recital. The City is the owner of real estate with frontage on the St. Croix River ("Property"), part of which was formerly rented to Aiple Towing Company who operated a barge terminal facility from the site. 2. The Property. A portion of this Property is the subject of this Lease and is described on the attached Exhibit "A," the Property where currently a City owned barge entitled the "Frank E" is moored. 3. Tenn. The Lease is for a term of three (3) years, however, either Party may terminate this Lease thirty (30) days after written notice. 4. Rent. As and for rent payable to the City during the term of this Agreement, Tenant will pay rent in the amount of Five Hundred Fifty and No/100 ($550.00) Dollars per month, payable monthly in advance of the first day of each month. 5. Appearance. Tenant agrees to maintain the physical appearance of the Property in its present condition and promises to erect no additional out buildings or structures on the Property. 6. Quonset Hut. The tenant may use the Quonset Hut on the site until such time when it will be demolished by the City. 7. Mooring. Tenant will be allowed to bring to the Property and moor on the Property any equipment and additional boats and vehicles as needed to reasonably maintain their business. 8. Snow and Brush Removal. Tenant will also be responsible for snow removal, and cut and trim brush and weeds, all without charge to the City. 9. Waiver. Tenant also agrees and waives, by this Lease, any claim that they might otherwise have to compensation as a lessee in possession under any state or federal law or rule should the property be needed to accommodate construction of an interstate bridge, bridge piers or abutments or other possible bridge construction impacts in the event the Property or any part of it is needed for bridge construction or bridge construction impacts or is affected by bridge construction impacts. Tenant agrees to accommodate any such construction or impacts. 10. Mooring Visitors. Tenant also agrees to reasonably accommodate, at the request of the City, any marine services who are temporarily working on public projects on the St. Croix River on a temporary basis and who are in need of loading, unloading or mooring vessels involved in this work. This provision will be operative on a case by case basis and may not unreasonably disrupt Tenant's operations, or provide a competitor with an unreasonable advantage. 11. Insurance and Release. Tenant must insure the Property against all risks and provide the City with a certificate of insurance evidencing One Million Five Hundred Thousand ($1,500,000) combined single limits coverage on their operation, naming the City as an additional insured as their interest may appear. The City will either self -insure the Frank "E" with regard to marine risks including hull risks or, if feasible, as the Frank "E" increases in value, secure marine insurance including hull coverage on the Frank "E". It is also agreed by the City that Tenant will not be responsible or liable for catastrophic, hull failure or damage to the vessel that results from tornadoes, flood, extreme rain or wind or collision caused by other vessels. 12. Prohibition Assignment. This Agreement and the rights granted hereunder may not be assigned or transferred by Tenant without the prior written consent of the City. 13. Conditions. This Agreement will not be effective unless all activities of Tenant have the approval of the United States Army Corps of Engineers and the Minnesota Department of Natural Resources, if required by law. 2 IN WI"INESS WHEREOF, the parties have set their hands this day of , 2017. ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON CITY OF STILLWATER By: Ted Kozlowski, Its Mayor TENANT: MAXTODO MARINE SERVICES, INC., a Minnesota corporation By: Its: The foregoing instrument was acknowledged before me this day of 2017, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, for the CITY OF STILLWATER. STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument 2017, by MaxToDo Marine Services, Inc., Notary Public ) ss was acknowledged before me this day of , the , duly authorized agent for a Minnesota corporation. 3 Notary Public REGULAR MEETING RECESSED MEETING 1\la t ec 114E O IRTMELA CE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 6, 2017 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Public Art Proposal - Tayler Borman 2. Preliminary concept for Lakeview site (available Tuesday) 3. Library - Land Use SUP IV. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator - 4th of July & Legislative Update 4:30 P.M. 7:00 P.M. V. ADJOURNED TO CLOSED SESSION FOR LAND NEGOTIATIONS PURSUANT MN STAT. SEC. 13D.05 SUBD. 3C(3) — SOUTH PORTION OF PROPERTY LOCATED AT 1675 MARKET DRIVE 7:00 P.M. AGENDA VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. APPROVAL OF MINUTES 12. Possible approval of May 16, 2017 regular and special closed session minutes X. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 13. Possible approval of resolution providing for the sale and award of the General Obligation Capital Outlay Bonds, Series 2017A (Resolution - Roll Call) - Dave McGillivray, Springsted, Inc. 14. St. Croix River Association - Natalie Warren 15. Lumberjack Days Update 16. Library Annual Report XI. 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. XII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 17. Resolution 2017-103, directing payment of bills 18. Possible approval of temporary liquor license - St. Croix Catholic School 19. Possible approval of temporary liquor license - Harvest Fest - October 14 & 15, 2017 20. Possible approval of temporary liquor license - The Episcopal Church of the Ascension - September 23, 2017 21. Possible approval of noise variance for the 11th Annual Bryan McDonough American Heroes Golf Classic - Oak Glen Golf Course - August 11, 2017 22. Resolution 2017-104, resolution of support for the Washington County CR 5 project 23. Resolution 2017-105, approval of contract with Karen L. Richtman, Service on a Shoestring for Recycling Coordinator Services. 24. Possible approval of quote for Lily Lake Tennis Court Rehabilitation 25. Possible approval to purchase Street Sweeper 26. Resolution 2017-106, appointment to Traffic Safety Committee 27. Resolution 2017-107, approving assignment agreement with the Veterans' Memorial Committee for 2017 XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 28. This is the date and time to consider the preliminary plat and variance resolution amendment for Hazel Court - Sterling Black (Postponed at the request of the developer to the June 20, 2017 meeting) XIV. UNFINISHED BUSINESS 29. Possible approval of second reading of Ordinance 1095, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding Senior Care Living Facilities to the RA Zoning District (2nd Reading - Roll Call) XV. NEW BUSINESS 30. Consideration of funding for Historic Sign (Brown Sign) on bridge exit 31. Possible approval of Special Use Permit Amendment and noise ordinance waiver for Lion's Tavern (Resolution - Roll Call) 32. Possible approval of first reading of an ordinance amending Section 43-131 of the Stillwater City Code (1St Reading - Roll Call) 33. Possible approval of extra hours for the Planning Secretary (Resolution - Roll Call) XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT Ulwater THE B I R T H PLACE OF MINNESOTA DATE: TO: REQUEST: Public Art Proposal Commercial Street Pedestrian Plaza June 2, 2017 Mayor & Councilmembers PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND The public restroom on the Commercial Street pedestrian plaza was designed to accommodate public art. Three recessed panel areas were provided on both the east and west sides of the building for this purpose. The east side of the building can be seen below. The City has considered several proposals for art displays on the restroom, but each was contingent upon grants or funding that did not materialize. So, the space is still available. PROPOSAL Taylor Berman, a local artist, has contacted the City with a proposal to create plywood panels to place into the recessed spaces. Below is a sample of what the art could look like. Pedestrian Plaza Art Proposal Page 2 The cost for the work would be $1,150 if the City chose to have the panels done just on the east side of the building. If the west side were to be done as well, the cost would double. Money for the project is available in the Downtown Beautification Fund. Berman will present his proposal to the City Council during the June 6, 2017 work session. REQUEST Consider Berman's request and decide whether to accept the proposal. bt 1\la t ec 114E O IRTMELA CE OF MINNESOTA CITY COUNCIL MEETING MINUTES May 16, 2017 SPECIAL MEETING - CLOSED SESSION FOR LAND 6:00 P.M. NEGOTIATIONS PURSUANT TO MN STAT. SEC. 13D.05 SUBD. 3(B) REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:24 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of April 18, 2017 and May 2, 2017 Closed Session meeting minutes and May 2, 2017 regular and recessed meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the April 18, 2017 and May 2, 2017 closed session; and May 2, 2017 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Heritage Preservation Awards Community Development Director Turnblad noted that May is Heritage Preservation Month. Heritage Preservation Commission Chair Brian Larson reviewed the past year's work of the HPC and presented the 2017 Heritage Preservation Awards: Residential Restoration - Chris Rustad and Vicky Simon; Residential Rescue of Boutwell House - Washington County Historical Society; Adaptive Reuse of a Commercial Structure - JX Event Center; Personal Contributions - Jeff Johnson for 28 years of service on the HPC. OPEN FORUM There were no public comments. City Council Meeting May 16, 2017 STAFF REPORTS Police Chief Gannaway reminded the Council that after next week there will not be a lobby downstairs for the Police Department due to construction. The City Hall front desk will be used for police services until October. He also announced a May 20 bike rodeo for K -4th grade from 10 - 2 p.m. at Trailhead Lot. Community Development Director Turnblad reported that the City started taking applications last Friday for short term residential rental permits and there are 10 active applications at present, seven Type Cs, three Type Bs, and phone calls to return. City Administrator McCarty presented the City's 2016 Annual Report. It will be placed on the City's website. Mayor Kozlowski read the list of movies scheduled for Summer Tuesdays starting July 11. CONSENT AGENDA Resolution 2017-087, directing payment of bills Possible approval of fireworks permit — Target Resolution 2017-088, approval of 2017 Summer Tuesdays special event, contract and waiver to the City's Noise Ordinance Possible approval to purchase new telephone/voice mail system for City facilities Resolution 2017-089, approval of contract for building inspection services and plan review with Inspectron Resolution 2017-090, a resolution approving the extension of the special use permit for an addition to the Water Street Inn, Case No. 2014-07 Resolution 2017-091, a resolution approving the extension of the special use permit for 1674 Market Drive, Case No. 1996-65 Resolution 2017-092, Appointment to Library Board Resolution 2017-093, approving the 2017-2018 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers Councilmember Polehna asked to pull Resolution 2017-090, a resolution approving the extension of the special use permit for an addition to the Water Street Inn, Case No. 2014-07, for discussion during New Business. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case 2017-07 First reading of a request by Our Savior's Lutheran Church, property owner and Anne Stanfield, Ecumen, to amend the Zoning Ordinance to allow senior living facilities on RA zoned property of 5 acres or more. Community Development Director Turnblad explained that Anne Stanfield of Ecumen applied for a Zoning Text Amendment to allow Senior Care Living Facilities by Special Use Permit in the RA Single Family Residential zoning district. If the Zoning Text Amendment is approved, Ecumen will submit an application for a Special Use Permit for a Senior Care Living Facility Page 2 of 13 City Council Meeting May 16, 2017 proposed for the parcels located at 114 Brick Street and 1616 West Olive Street, owned by Our Savior's Lutheran Church and KLBB Radio. The Zoning Text Amendment language as proposed includes a 5 acre minimum property size standard and a clause that the maximum height allowed for a Senior Care Living Facility in the RA district would be simply 35 feet. Currently, the maximum is "35 feet, but not more than 2.5 stories." There are six 5 -acre sites right now in the RA district. One is a church, one is an elementary school, one is the city dog park, one is the former Aiple property that has a conservation easement, and one other potential site on McKusick Boulevard just west of Oak Glen Golf Course. Staff finds that allowing lifecycle housing options in a greater number of zoning districts is in the public interest, and the general community welfare is furthered by allowing for Senior Living Care Facilities in the RA One -Family Residential zoning district. Staff further finds the proposed zoning text amendment is in general conformance with the principles, policies, and land use designations set forth in the comprehensive plan. Therefore, staff recommends approval of the first reading. Councilmember Weidner recused himself from discussion and voting due to a conflict of interest. Mayor Kozlowski opened the public hearing. Barbara Ylinen, 201 Deer Path, stated she is opposed to this facility and the spot zoning that would allow it to be built in her backyard. She hopes that the City does not allow a special interest group to change the character of the neighborhood and she has written two letters in opposition. Michele Livermore, 181 Deer Path, showed the Council a picture of sunrise in the morning and a rendition of what the three story apartment building with a flat roof would look like. She feels it will be like looking at a three story box. She voiced concern about reduced property values, noise, light pollution, and increased traffic. She feels the project will impact a lot more people than those who live within 350 feet. Janis Edstrom, 1510 West Olive, stated she opposes the project because it will compound existing traffic problems on Olive Street, which has no stop signs or signals. Olive is a straight shot from east of the church to Greeley and people pass on the right. She feels the proposal is not well thought out. Timothy Radke, 115 Brick Street, stated he is definitely opposed to the development. The building would totally block his view of the sunset and completely obliterate every view he has to the west. Anne Stanfield, Director of Business Development at Ecumen, explained it is one of the nation's largest nonprofit senior housing developers with facilities in eight states. Ecumen has been in operation for over 150 years. She stated that Ecumen was approached by Our Savior's Lutheran Church with this opportunity to create senior housing on property adjacent to their site. Ecumen has been working with the church over the past several months to think about a plan that makes sense for the site that will include shared programming as an extension of the church community. The project is early in the design process so there are not yet images. She reiterated that the goal is to create and design a project that is embraced by the community and appropriate for the site. It will include walking paths, shared amenities, and much of the existing landscaping. Developers have hosted an initial neighborhood meeting and will be meeting more with neighbors. There is a strong market demand. Over the last decade the senior population growth is over 30% in Stillwater. There is a lack of supply for senior housing in Stillwater. Consistent with the comprehensive plan, this project will provide a range of housing for aging and elderly people and create jobs. Page 3 of 13 City Council Meeting May 16, 2017 Nan Tate, 1529 Olive Street West, stated she is not totally opposed to senior housing on the site but she is opposed to the size. Her neighborhood is mostly one story homes. A three-story building seems immense for the neighborhood. She also is concerned about ample parking and the potential for parking on Brick, and about increased traffic. She wonders if the City has the infrastructure to support the project size. Mayor Kozlowski closed the public hearing. Mayor Kozlowski asked about site layouts; and Community Development Director Turnblad replied that drawings were not presented tonight because at this point there are only rough massing renderings, which were shared with at the neighborhood meeting. If the project goes forward, drawings will be provided for SUP application. public hearings would take place before the Planning Commission, the Parks Commission, and the City Council. A traffic study would be one of the required items. Mayor Kozlowski asked if the facility would pay property taxes; and Mr. Turnblad responded that he is not sure what the tax status would be. Councilmember Junker asked if the facility could be 25 beds, 100 or 200; and Mr. Turnblad answered that what determines the density of a project is the site and ability of the infrastructure to support it. In the RA Zoning district, only 30% impervious surface coverage is allowed, for instance. He stated this type of detail would be part of the next step if the Council adopts the ordinance. Councilmember Menikheim stated he is in favor of moving the request forward. Councilmember Polehna stated he realizes the need for senior living but he does not think adopting the zoning text amendment is a good idea; it is just opening up a can of worms that could allow something unsuitable to come in somewhere else in the City. People in his ward oppose the amendment. He pointed out there is no good north -south access through the City, Deer Path traffic has been problematic in the past, and having a senior housing facility on this site would compound that problem and add to the congestion of the area. Mayor Kozlowski pointed out that the size and density of this project have yet to be determined. He feels the 2.5 story height restriction in the current ordinance helps preserve the residential character of the neighborhood. He would like to see a responsible senior facility on the property that would not have a negative impact on the character of the neighborhood. He is concerned with traffic and feels that a creative solution will be needed. Councilmember Junker noted he used to live on the corner of Olive and Deer Path and knows the whole corner is extremely busy. He sees the need for this type of senior housing. If the zoning text amendment passes, he will be very tough in judging how the facility meets requirements for traffic, height, impervious surface coverage, size and density. Mayor Kozlowski noted that once bridge traffic is eliminated, traffic will be eased throughout Stillwater. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt first reading of Ordinance amending the Stillwater City Code, Chapter 31 entitled Zoning Ordinance by adding Senior Care Living Facilities to the RA Zoning District on properties of five acres or more, but without changing the building height standards. Page 4 of 13 City Council Meeting May 16, 2017 Ayes: Councilmembers Menikheim, Junker, Mayor Kozlowski Nays: Councilmember Polehna Abstain: Councilmember Weidner Case 2017-08 A public hearing to consider a request by Randy Benson, ILHC of Stillwater, LLC for Final Plat for a 239 unit senior living facility to be known as 'The Lakes' located at 12525 75th Street N and multiple properties located within the LR & AP district. Community Development Director Turnblad reviewed the details of the request that the developer is requesting and summarized that the site is about 58 acres and the majority is in the Shoreland District, with 3 Phases, plus a future Phase. Mr. Turnblad went on to state that since the concept plan was approved last September, the buildings have been moved back to soften the edge and leave more open bluffline. The three-story building, which came right up to property line, has been turned inward into the site, and it has been stepped to one story at the perimeter of the PUD. The commercial building proposed for the northwest corner in the original PUD has been eliminated. The buildings have been redesigned to stay within the 35 -foot maximum, so no variances are required or requested with this project. As a PUD within the Shoreland District, 50% of the site must be dedicated as open space. In this proposal, 52% will be in outlots, so the DNR is satisfied. The project meets the maximum impervious coverage allowance of 25%, since it will be developed at 23.7%. All parking standards are met. When Grace Baptist builds their addition, there will be a few times during the year when their parking lot would not meet demand, so there is a cross access agreement to share a lot in front of one of the main buildings. Regarding tree removal and replacement, the City forester finds the plan acceptable. There is a shortage of 37 trees that need to be planted; this will be memorialized within the development agreement. Both public and private trails are proposed. A public trail will connect Highway 12 with 72nd Street. The trail will serve as an emergency access, with improved drive for about 600 feet, designed to carry the weight of emergency vehicles. Washington County has approved this. In the future there would be more trail connections to Liberty trails and the existing City sidewalk system. Mr. Turnblad explained the phasing of the project. Because there is no time established for the last and future phase, and staff does not know what best management practices will be in 10 to 30 years, the owners of those two properties have stated that as long as they are able to build the church expansion and the six units proposed, they will agree to build according to whatever the construction standards are at that future time. This will need to be a condition of approval. Only three of the four total Concept PUD phases are included in the current Final PUD review. Phase 1 includes the construction of Minar Avenue South, platting of open space Outlots A, B, and C, and the construction of the largest of the buildings on the campus, the building known as "The Lodge", which will have independent living units, memory care units, assisted living units, and full care units. Phase 2 includes "The Cottages," which are duplexes and townhomes for independent senior living. Phase 3, the final phase for the Goodman Group, consists of the "Sandhill Shores" building, which will have only independent living units. The future phases of the PUD are for the Meisterling property and the Grace Baptist Church. They will go through a Final PUD process at the time they are ready for development. Mr. Turnblad told the Council that staff finds the revised Concept PUD, preliminary plat, signage plan, utility easement vacation, SUP, Final PUD, Final Plat represent a good solution to the need for Senior Care Living Facilities in the City, yet balance the density envisioned by the Page 5 of 13 City Council Meeting May 16, 2017 Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Management Overlay District. Therefore, staff recommends approval with 27 conditions. Councilmember Weidner asked about the length of the cul-de-sac which seems inordinately long; and Mr. Turnblad stated that because the City does not like cul-de-sacs to be longer than 600 feet, at about 600 feet there will be an extra wide bituminous trail to provide egress from the site if needed in an emergency. Councilmember Polehna asked about property taxes for the project; and Mr. Turnblad replied he is not sure whether the facility will be tax exempt. The first time the site was considered for a senior housing facility, there was a pilot agreement for payment in lieu of taxes. He suggested asking the developers tonight. Mayor Kozlowski opened the public hearing. Kendra Lindahl, Landform, representing the development team, stated the team has worked hard in the last year to listen to community comments and revise plans to address them. Tonight they have two requests to consider - 1) regarding the street name of the cul-de-sacs, they would like the flexibility to name it Birchwood Run rather than Minar Avenue; 2) regarding the staff - recommended condition #24, incorporating any additional conditions of approval to be recommended by the Parks Commission, they would like to be clear that the Parks Commission is reviewing the public trail components. Philip Manger, 12525 72nd Street North, gave the following reasons for objecting to the land being used in this manner: 1) nowhere in the 2030 Comprehensive Plan is this provided for on this land; 2) citizens rely on the integrity of the Comprehensive Plan for guidance when making major financial decisions; 3) this is the textbook definition of spot zoning which he understands is illegal. Some of his neighbors have decided to sell their homes rather than face the consequences of the Lakes at Stillwater; 4) the proposal defies watershed regulations; 5) it will pose a burden on the undeveloped roadway and he would like to see it in writing that 72nd will remain untouched; 6) does the City really need this facility on this land in light of other senior facilities that have sprung up; 7) this is a commercial endeavor on a residential piece of property; 8) although the Goodman Group claims to have learned from the mistakes of Croix Bay, he would have to disagree because the proposed facility is still too tall, too dense, and too close to lake; developers have really only addressed the height. Dionne Meisterling, 12550 72nd Street North, stated she felt an obligation to explain, for the record, how her family got to this point. She would really like for this development to not go through and for her land to stay her land, but she believes that the development that is before the Council tonight is very different than the development that was here before. At the developers' request, she met with them to discuss how to do this project in a way that makes sense for Stillwater. Density varies in terms of perceptions, for instance, a four story building in front of her house would be bad, but if it is stepped back, it makes more sense. As she spoke with the Goodman Group, more things began to make sense. They were willing to try to put hers and others neighbors' concerns into the plan the best they could. She is truly sad to be losing her five acres. She feels like development is going to come regardless. The time right now looked to her and her family as though this is the right time. She feels there has been some really good traction with all the neighbors and the developers being able to see what could go there. Louise Jones, 7079 Mid Oaks Avenue, stated last fall she spoke against the senior housing development. She feels the proposal under consideration tonight is an improvement over last Page 6 of 13 City Council Meeting May 16, 2017 year's proposal because it addresses many of the concerns that she and her husband raised. However she has continuing concerns about the safety of 72nd Street. She is pleased about the trail and sidewalks and pleased that the current plan does not include access from 72nd Street from the Lakes development, but she is concerned that the future development phase (Meisterling property) may extend the cul-de-sacs all the way to 72nd Street. She wants her concerns in the public record. The City should consider turning 72nd Street into a trail much like the one that the planners are recommending as an emergency access in the plan. This would allow emergency vehicles to get to and from Liberty on 72nd Street, but eliminate turning 72nd Street into a significant road for people all over Liberty to go to Cub and Target. She expressed concerns about safety of the kids with fishing poles, dog walkers, and bikes that use 72nd Street. She would really like to know what the City's vision is for that road and how it can be made safer. David Jones, 7079 Mid Oaks Avenue, suggested making 72nd Street emergency access only and leaving it gravel. Mayor Kozlowski closed the public hearing. Mayor Kozlowski asked when the City is planning to do that street because it almost destroyed his car two weeks ago. Community Development Director Turnblad replied that the plan under consideration does not propose to use it, so it has not been proposed to be upgraded. Public Works Director Sanders pointed out that when the Liberty development was proposed they talked about paving the road but because of the concern about increased traffic, it was left as gravel for the past 20 yrs. Counters last year indicated the average daily traffic was around 200 cars per day and there were two accidents. There are no plans to improve the road. Fire Chief Glaser indicated that 72nd Street needs to stay open for fire code, not just for emergency vehicles, but also to let people exit the development if they need to. Councilmember Weidner called the new plan a wonderful resolution to a less than wonderful initial presentation of a development that was brought to the Council. He is satisfied with it. Councilmember Junker acknowledged there are still some concerns, but it is nice to hear some people say they like the proposal. Councilmember Polehna noted that he voted against it all along, having heard from people in his ward who were vehemently opposed. He had a call tonight from the home owners' association in Liberty stating that it has their support. He credited the developers for meeting with residents four times and taking the information to heart. He looked at the Eagan facility built by these developers and it was beautiful. However he is concerned about the tax impacts. He told the developers they have done a wonderful job meeting with the different people. Councilmember Menikheim agreed with Councilmember Polehna's remarks about the process and voiced support. Mayor Kozlowski recalled there was a lot of tension and fear and uncertainty previously. He feels the system worked really well although it took a long time to get here. He supports the proposal and agrees that a payment in lieu of taxes should be a condition. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2017-094, a resolution approving revised concept planned unit development, final planned unit development for Phases 1-3, preliminary plat for The Lakes at Stillwater, special use permit for a senior living facility, and the campus signage plan for The Lakes at Stillwater, Case No. 2017-08, adding condition #28, a requirement that a satisfactory payment in lieu of taxes be agreed to by the Page 7 of 13 City Council Meeting May 16, 2017 developer and the City, and changing condition #24 to add "public trails" as requested by the developer. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2017-095, a resolution approving the final plat for The Lakes at Stillwater, Case No. 2017-08. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1094, an ordinance amending the Stillwater City Code City Clerk Ward explained that based upon the discussions and first reading of the ordinance pertaining to term limits, voting versus non-voting Council representatives, and the Council's decision for the Council representative to be a voting member of the Planning Commission only, the commission appointment interview process, and the decision to reduce membership on the Planning Commission to seven effective for the upcoming terms, an Ordinance and Resolution have been prepared. She provided a red -lined version of the Ordinance indicating the changes as a result of the discussions. The Planning, HPC, Downtown Parking Commissions, and Traffic Safety Committee appointments for terms ending May 1, 2017 are moving forward based upon the Council's discussion. Councilmember Weidner asked about the Planning Commission being reduced to seven members through attrition and not having the Council member vote until such time as it is reduced. Councilmember Menikheim stated he would like that. He pointed out this is the fourth Council meeting in a row this item has been on the agenda. Most of the commissions are unaffected with the exception of doing away with term limits, which he feels sends a message that the City does not care about diversity or fresh thinking He stated that the Planning Commission was baffled by this. They asked him why they were singled out and he could not explain it very well. He hopes that one of the Council members in favor of this will attend the Planning Commission meeting June 6 and explain it. He feels that an unintended consequence is that the Council's ability to govern has come under question because it is not at all clear why this change is necessary. Forcing out a commission member is not a good way to thank people for the work they do. If the Planning Commission is reduced through attrition then he would not have to vote so he would withdraw his request to come off the Planning Commission. Councilmember Weidner stated he would be happy to go talk to them June 6 about how he feels about it. Councilmember Polehna stated he talked to one of the Planning Commissioners and they were fine with it. Councilmember Menikheim replied that is not what they told him. Councilmember Polehna stated he was at the Planning Commission last week when Councilmember Menikheim spoke up and made some very good points and they thanked him. He agrees he would not like to force anyone out. He think the reduction should be done by attrition and then once the commission is down to six members, then the Council person votes. Mayor Kozlowski stated he would like to discuss some means of appreciation for the commissioners. Page 8 of 13 City Council Meeting May 16, 2017 Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1094, an ordinance amending the Stillwater City Code, using the method of attrition to reduce the size of the Planning Commission to six members before the Council person is the seventh voting member. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2017- 096, a resolution amending Resolution 2009-95, establishing Downtown Parking Commission and Bylaws. Ayes: Councilmembers Junker, Weidner, Polehna, Mayor Kozlowski Nays: Councilmember Menikheim Possible setting of hearing to establish a Tax Increment Financing District No. 12 City Attorney Magnuson explained the resolution. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2017- 097, resolution calling for a public hearing by the City Council on the proposed adoption of a modification of the Development Program for Development District No. 1 and the proposed adoption of the Tax Increment Financing Plan for District No. 12. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Resolution to extend SUP for Water Street Inn (pulled from Consent Agenda) Community Development Director Turnblad explained that in 2014, the Council approved a SUP allowing the addition to the Water Street Inn. The SUP has a life of two years before it sunsets. The owners of the Water Street Inn are close to having financing in place to begin construction this fall. They are asking the SUP be extended for a year. Chuck Dougherty, Water Street Inn, stated they have been working with finance people and are within a month or two of starting construction. If it does not happen this time, then they will probably be done with it. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to extend the SUP for the Water Street Inn for one year. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible setting of hearing to establish a Tax Increment Financing District No. 13 Community Development Director stated that the Water Street Inn has received preliminary financial approvals to take on their remodeling and addition project. The TIF is gap financing for the project. The resolution would set the hearing for June 20. He reviewed what is proposed: a 2,000 square foot addition, 22 additional rooms, rooftop deck with kitchen and bar, renovations to the lobby, expansion of the dining area, and facsimile of the historic clock tower, for a total of Page 9 of 13 City Council Meeting May 16, 2017 $5.5 million estimated additional total construction costs. The inn owners would inject 25% equity into the project. The project includes fixing some water issues, tuckpointing the exterior, and waterproofing, with eligible expenses totaling about $540,000. That is the rough amount of TIF would request for this project. City Attorney Magnuson informed the Council that the resolution commits only to the hearing. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-098, resolution calling for a public hearing by the City Council on the proposed adoption of a modification of the Development Program for Development District No. 1 and the proposed adoption of the Tax Increment Financial Plan for District No. 13. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner Request for a chicken permit at 310 Laurie Court Community Development Director Turnblad stated that Jennifer Walls, 310 Laurie Court, has requested a permit to keep chickens. The application meets the requirements of City Code Sec. 31-514, Subd. 6, Keeping of Chickens. The applicant is proposing a 9 square foot coop with an attached 24 square foot run/open air, enclosed pen. The coop and pen will sit approximately 47' from the western (rear yard) property line as well as approximately 18' from the northern (side) property line. The coop and pen will be situated approximately 37' from the nearest residence (to the north). One neighbor has objected to the permit. The neighbor feels that chickens do not belong in their neighborhood due to the noise and smell they generate. Staff recommends allowing a one year probationary license and if there are no complaints in that time, it would automatically renew. Motion by Councilmember Menikheim, seconded by Mayor Kozlowski, to approve Resolution 2017- 099, chicken permit for Jennifer Walls, 310 Laurie Court, on a one year probationary period to be automatically renewed if there are no complaints in that time. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmembers Junker and Polehna Request to waive band shell fee for Valley Concert Winds City Clerk Ward reported that James Decaro, one of two directors of Valley Concert Winds, went before the Parks Commission to request that the $125 fee for the bandshell be waived and that they be allowed to sell concessions. The current practice is that the City does not waive fees for use of the bandshell or amphitheater for any for-profit or non-profit group. Even though there were different opinions on the Commission with the vote of 3-2 with an abstention, the Parks Commission recommended the Council approve waiving the fee. Staff recommends denial of the fee waiver request based on the fact there is no procedure or policy to request a fee waiver for the bandshell or amphitheater for either for-profit or non- profit entities and opening this door would allow other groups to request fee waivers. Councilmember Polehna noted that the applicant told the Parks Commission during their meeting that the procedure for requesting a fee waiver was on the City web site but it is not. City Clerk Ward added that she talked to Mrs. Decaro and she stated she requested the waiver on her own and it was not on the web site. Page 10 of 13 City Council Meeting May 16, 2017 Councilmember Weidner pointed out the bandshell is not used much and he would like to see people use it. He would support the fee waiver. Councilmember Junker responded than why have fees. Councilmember Menikheim stated he is alright with waiving the fee. Mayor Kozlowski stated for events that benefit the community, a fee should be reduced or waived. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to waive the bandshell fee for Valley Concert Winds for August 17. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmembers Polehna and Junker Possible approval of 2017 Lumberjack Days Special Event Contract and Temporary Liquor License City Administrator McCarty reviewed the application from The Locals to manage Lumberjack Days. Staff recommends approval of the 2017 agreement for Lumberjack Days July 21-23 in Lowell Park. Councilmember Junker asked if the helicopter would once again fly a continuous same path all day Saturday and Sunday, as he received complaints from residents in the flight path. City Administrator McCarty responded the flight path has been changed, so the helicopter will not hover at the bluff line. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2017-100, approving 2017 Lumberjack Days special event, contract and temporary liquor license. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Consideration of proposal from WSB for engineering services Public Works Director Sanders stated that one of the required components of the Comprehensive Plan update is a Local Surface Water Management plan (LSWMP) showing how the community protects and improves water quality and quantity. At staff's request, WSB and Associates submitted a proposal to update the local water management plan at a cost of $24,800. In addition, WSB was asked to provide a quote to update the City's Hydrocad model and P8 model to reflect the new Atlas 14 rainfall events and add any areas to the model, since the previous update in 2006. The estimate for this cost is $21,100. Funds for the plan update would come from the Storm Water Utility fund. Staff recommends engaging WSB & Associates to complete the Local Surface Water Management Plan. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2017- 101, approval of proposal from WSB and Associates. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of bids and awarding contract for 2017 Street Improvements Public Works Director Sanders reported that bids for the 2017 Street Improvement project were opened on Thursday, May 11, 2017. The City received five bids with the low bid in the amount of $1,346,949.88 submitted by Hardrives, Inc. of Rogers, Minnesota. The engineer's estimate was Page 11 of 13 City Council Meeting May 16, 2017 $1,684,000. Staff recommends that the City accept the bids submitted for the 2017 Street Improvement Project, Project 2017-02, and award the contract, including the bid alternate, including the Northland Park parking lot, to Hardrives, Inc. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-102, accepting bid and awarding contract for 2017 Street Improvement Project (Project 2017- 02). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmember Weidner stated he received two calls about the quality of water on McKusick Lake. Public Works Director Sanders stated he will contact the DNR to see how the City can proceed with treating the lake. Councilmember Polehna noted that water quality of Long Lake is horrible and he heard it was downgraded to F. Mr. Sanders replied that in the past two years the lake quality has been improving. He will check into it. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 10:02 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2017-087, directing payment of bills Resolution 2017-088, approval of 2017 Summer Tuesdays special event, contract and waiver to the City's Noise Ordinance Resolution 2017-089, approval of contract for building inspection services and plan review with Inspectron Resolution 2017-090, a resolution approving the extension of the special use permit for an addition to the Water Street Inn, Case No. 2014-07 Resolution 2017-091, a resolution approving the extension of the special use permit for 1674 Market Drive, Case No. 1996-65 Resolution 2017-092, Appointment to Library Board Resolution 2017-093, approving the 2017-2018 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers Page 12 of 13 City Council Meeting May 16, 2017 Resolution 2017-094, a resolution approving revised concept planned unit development, final planned unit development for Phases 1-3, preliminary plat for The Lakes at Stillwater, special use permit for a senior living facility, and the campus signage plan for The Lakes at Stillwater, Case No. 2017-08 Resolution 2017-095, a resolution approving the final plat for The Lakes at Stillwater, Case No. 2017-08 Resolution 2017-096, a resolution amending Resolution 2009-95, establishing Downtown Parking Commission and Bylaws Resolution 2017-097, resolution calling for a public hearing by the City Council on the proposed adoption of a modification of the Development Program for Development District No. 1 and the proposed adoption of the Tax Increment Financing Plan for District No. 12 Resolution 2017-098, resolution calling for a public hearing by the City Council on the proposed adoption of a modification of the Development Program for Development District No. 1 and the proposed adoption of the Tax Increment Financial Plan for District No. 13 Resolution 2017-099, chicken permit for Jennifer Walls, 310 Laurie Court Resolution 2017-100, approving 2017 Lumberjack Days special event, contract and temporary liquor license Resolution 2017-101, approval of proposal from WSB and Associates Resolution 2017-102, accepting bid and awarding contract for 2017 Street Improvement Project (Project 2017-02) Ordinance 1094, an ordinance amending the Stillwater City Code Page 13 of 13 1\Ta t ec 114E O IRTMELA CE OF MINNESOTA CITY COUNCIL RECORD OF CLOSED SESSION MEETING FOR LAND NEGOTIATIONS PURSUANT TO MN STAT. SEC. 13D.05 SUBD. 3(B) May 16, 2017 Riverview Room Time convened: 6:00 p.m. Call to order by Mayor Kozlowski. Members Present: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Members Absent: None Also present: City Administrator McCarty, City Attorney Magnuson, and Community Development Director Turnblad. Staff discussed options for sale/lease of city owned property located at Mulberry and 2nd Streets in conjunction with proposed TIF District #12 for the proposed hotel and parking structure on North Main Street. Staff and Council further discussed the pros and cons of selling or leasing of the city owned property as part of different TIF District scenarios that incorporated the proposed hotel and proposed parking structure (whether city owned or privately owned). Council provided staff with direction to have further discussions with the developer regarding various sale or lease of city property as part of the proposed North Main hotel project and potential TIF District scenarios Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the closed session at 7:16 PM. All in favor Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, City Administrator EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF STILLWATER, MINNESOTA HELD: JUNE 6, 2017 Pursuant to due call, a regular meeting of the City Council, City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on June 6, 2017, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A. The following members were present: and the following were absent: In accordance with Resolution No. adopted by the City Council on May 2, 2017, the City Clerk presented proposals on $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A, which were received, opened and tabulated at 10:30 A.M., Central Time, at the offices of Springsted Minnesota ("Springsted") on this same day: Bidder Interest Rates True Interest Cost See attached The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $3,405,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2017A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, and Sections 10.4, 10.5 and 10.6 of the City's Charter, to finance (i) the 2017 capital outlay needs of various City departments; (ii) renovation and remodeling of the police station; (iii) street improvement projects; and (iv) public works security improvements (the "Project") as more fully described in the resolution duly adopted by the City Council on May 2, 2017; and B. WHEREAS, the City has retained Springsted as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and 8315034v1 C. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is accepted and the Bonds are awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated June 29, 2017, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R 1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2018 2026 2019 2027 2020 2028 2021 2029 2022 2030 2023 2031 2024 2032 2025 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of 2 8315034v1 complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all 3 8315034v1 notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the 4 8315034v1 Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2018 2026 2019 2027 2020 2028 2021 2029 2022 2030 2023 2031 2024 2032 2025 5. Redemption. All Bonds maturing on February 1, 2026, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The 5 8315034v1 Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 6 8315034v1 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER R- $ GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2017A Interest Rate Maturity Date % February 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: Date of Original Issue CUSIP June 29, 2017 THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee 7 8315034v1 Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2026, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer, and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,405,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution, Charter of the Issuer and laws of the State of Minnesota, and a resolution adopted by the City Council on June 6, 2017 (the "Resolution"), for the purpose of providing money to finance the Issuer's 2014 capital outlay projects and to finance the construction of a new fire station. This Bond is payable out of the General Obligation Capital Outlay Bonds, Series 2017A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations 8 8315034v1 provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, Charter of the Issuer and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its 9 8315034v1 Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: June 29, 2017 BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 8315034v1 Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk 10 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 11 8315034v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue which is June 29, 2017. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 12 8315034v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Outlay Bonds, Series 2017A Fund" (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be 13 8315034v1 maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any amount paid for the Bonds in excess of the minimum bid. From the Construction Account there shall be paid all costs and expenses of making the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the Council to the Debt Service Account. (b) Debt Service Account. There are hereby pledged and there shall be credited to the Debt Service Account: (i) any amount paid for the Bonds in excess of the minimum bid; (ii) collections of all taxes heretofore, herein or hereafter levied for the payment of the Bonds and interest thereon; (iii) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (iv) all investment earnings on moneys held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent of the proceeds of the Bonds. To this effect, any sums from time to time held in the Construction Account or Debt Service Account (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Construction Account or Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct 14 8315034v1 annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See attached Levy Schedule For the payment of the principal and interest on the Bonds maturing in 2018, the City has heretofore levied in 2016 a direct ad valorem in the amount of $450,000 which was spread upon the tax rolls and will be collected with and as part of other general property taxes in the City. The tax levies are such that if collected in full they, together with estimated collections of other monies herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional 15 8315034v1 description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. 16 8315034v1 (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest 011 the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18 -month expenditure exemption 17 8315034v1 for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor and/or Manager are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2017 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Governmental Bonds Post -Issuance Compliance Policies and Procedures. The City hereby approves the Governmental Bonds Post -Issuance Compliance Policies and Procedures in substantially the form presented to the City Council. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: 18 8315034v1 and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted June 6, 2017. Attest: City Clerk 8315034v1 Approved: Mayor 19 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A. WITNESS my hand on June , 2017. 8315034v1 City Clerk 20 EXHIBIT A PROPOSALS [To be supplied by Springsted Incorporated] A-1 8315034v1 EXHIBIT B SCHEDULES [To be supplied by Springsted Incorporated] B-1 8315034v1 EXHIBIT "A" TO RESOLUTION #2017-103 Page 1 LIST OF BILLS Abbott Paint Able Hose & Rubber Inc. Advance Auto Parts Amano McGann Inc Amdahl Locksmith Inc Chris Ancom Communication Inc. Baltis Tom Batteries Plus Bulbs Becker Fire Safety Services LLC Board of Water Commissioner Braun Intertec Corporation Brock White Co. LLC CDW Government Inc. Century Power Equipment City of St. Paul Cole Papers CoStar Realty Information Inc County Materials Corporation Coverall of the Twin Cities Cub Foods Customized Fire Rescue Training Inc Dakota County Technical College Davids Hydro Vac Dell Marketing L.P. Display Sales Co. ECM Publishers Emergency Medical Products Esch Construction Supply Ess Brothers & Sons Inc. Fastenal Company Fire Marshals Assoc. MN Flagship Recreation Forestry Suppliers Inc. Frontier Ag & Turf Frost Inc Galls LLC GASB GearGrid Geier Maureen Gertens Wholesale Gimmees.com Gopher State One Call Inc. Granicus Inc H&L Mesabi Harris Companies Paint Supplies Equipment repair supplies Multi -space parking meters Locks rekeyed Fire pagers Reimburse for Title fees Battery Police Dept April & May WAC Charges Police station Siltsock Outlet strips Equipment repair supplies Asphalt Janitorial supplies Property professional Storm sewer repairs Commercial Cleaning Services Coffee & Water Rescue ropes course Training Hydroexcavation Speakers for PCs Flags Publications Glove box holder Water tank Strom sewer repair parts Equipment repair supplies Membership Elbow slide section Paint Supplies Equipment repair supplies Fleece & boots Subscription Police Station Reimbursements Flowers Sprts bottles and safety flashers Locates Qtrly web streaming service Tensiloy loader bolt on blades Refund of portion of plan review 68.74 115.28 230.96 9,921.65 695.00 10,069.00 41.75 39.99 176.00 25,324.00 1,755.50 609.23 493.10 314.44 587.43 468.68 360.61 1,477.60 2,312.00 43.95 4,500.00 750.00 1,535.00 363.84 710.40 726.95 63.90 98.00 1,253.00 1,192.89 40.00 580.00 273.79 105.69 583.58 446.27 252.00 1,134.00 156.77 2,167.00 790.96 25.65 1,086.00 1,047.24 1,191.01 EXHIBIT "A" TO RESOLUTION #2017-103 Hartman Brett Heavy Equipment Repair Inc. Henricksen PSG Heritage Printing Inc. Hildi Inc Hoisington Koegler Group Inc Holiday Companies Hollotec Iceman Industries Inc. Jamar Technologies inc Jefferson Fire and Safety Inc. L3 Com Mobile -Vision Loffler Companies M.J. Raleigh Truck Co. MacQueen Equipment Inc. Mansfield Oil Company Marshall Electric Company Menards Meredith Nathan Metropolitan Council Metropolitan Mechanical Contractors Mid-America Business Systems MINNCOR Industries MN City/County Mgmt Assoc. MN Pollution Control Agency MN Rural Water Association MTI Distributing Municipal Emergency Services Municode My Alarm Center Nelson Auto Center Office Depot O'Reilly Auto Parts Peters Mary Pioneer Press Planet Technologies Pomps Tire Service Inc. Primary Products Co. Quill Corporation Red Cedar Steel Erectors Inc Rehn Code Consulting Services Riley Construction Secure by Design Inc ServiceMaster by Ayotte Simplifile LC Sirotiak Loren SiteOne Landscape Supply Park Fee Refund Round tubing Police station Window Envelopes Fire Relief Valuation for GASB 68 Professional services Vehicle washes Training Liquid dust control Equipment repair supplies Bunker gear replacement Computer equipment Computer equipment & software Black dirt Training Day 5 people Fuel Lily Lake parking lot restroom Supplies Reimburse for lunch with reserves May SAC Maintenance Police station Desk Membership Wastewater Certification Exam MRWA Wastewater Collection System Training Equipment repair supplies Helmets & safety equipment Ordinance pages Alarm Monitoring Services 2017 Police Interceptor Office supplies Equipment repair supplies Refund of credit Balance on UB acct Subscription - Turnblad SharePoint implementation services Tires Nitrile gloves File car Repair rappelling hooks Plan review Refund of WAC Charges Ninite Pro Commercial post construction clean Recording fees Reimburse for Mileage Park facility supplies Page 2 85.00 135.00 1,718.00 159.00 1,000.00 2,303.75 300.00 395.00 4,150.00 237.62 7,635.83 16,675.05 12,306.72 1,392.63 300.00 5,136.61 3,339.00 1,372.53 39.80 36,902.25 813.00 32,228.84 876.00 167.00 55.00 450.00 411.73 840.39 1,118.80 98.82 80,564.85 1,064.87 63.79 252.30 5.25 1,450.00 1,585.71 193.96 139.99 1,910.00 8,410.83 2,000.00 240.00 1,245.00 50.00 202.22 777.86 EXHIBIT "A" TO RESOLUTION #2017-103 Snap Sports SRF Consulting Group St. Croix Boat and Packet Co. Stillwater Motor Company T.A. Schifsky and Sons Tessman Seed Co. St. Paul Total Parking Solutions Inc. Tri-State Bobcat Truck Utilities Inc. UHL Company Uline Inc USAble Life Valley Trophy Inc. Verizon Wireless Washington County Recorder Watson Appliance Service Wenck Construction Wolf Marine Inc. Wulfing David Young Christy Zoll Medical Corp LIBRARY Baker and Taylor Brechon Melissa J. Brodart Co Communication Systems Specialists Kinder Melodies Midwest Tape Office of MN IT Services Quill Corporation Toshiba Business Solutions Xcel Energy REC CENTER 1ST Line/Leewes Ventures LLC Advance Auto Parts AT&T Mobility Coca-Cola Distribution Comcast Ice Skating Institute Menards Minnesota Department of Health Nardini Fire Equipment Riedel) Shoes Inc. Armory gym Downtown plan update Ramp cleaning Vehicle service Asphalt Fertilizer Receipt paper Bobcat rental Equipment repair supplies Equipment repair charges 55 gallon fiber drum Term Life Insurance Plaque Wireless services Assessing Service Fee Equipment repair supplies Police station Summer slip lease Reimburse for K9 boarding Park Fee Refund AED Pro & supplies Materials Interim Library Director - May Materials Public Workstation Wiring Programs - Juv (SPLF) Materials Telephone - April Supplies Maintenance Contract Energy Snacks for concessions Equipment repair supplies Cell phone Beverages for concessions TV Internet & Voice Skater memberships Supplies Hospitality fee Inspection Stakes Page 3 23,585.20 4,583.33 810.00 1,441.77 3,401.84 73.84 195.00 660.00 34.00 266.00 348.00 434.40 175.00 767.31 106,108.43 89.95 30,504.92 750.00 70.00 100.00 3,212.63 968.37 7,000.00 1,448.34 2,130.25 225.00 932.79 379.44 362.28 111.23 4,729.05 310.35 18.73 61.45 1,036.88 374.05 1,448.00 49.42 35.00 71.75 18.68 EXHIBIT "A" TO RESOLUTION #2017-103 Sentry Systems Inc. Vic's Crane and Heavy Haul Inc. CREDIT CARDS Accessory Tech Amazon.com Backgroundchecks.com BCA Training & Auditing Ebay Greater Stillwater Chamber of Commerce GTS Educational Events Home Depot Magnetic Mic Neopost Great Plains Signcad Systems Inc. U of M Bookstore Varidesk Walgreens MAY MANUALS Century Link Comcast Racine North Xcel Energy Alarm monitoring Equipment 23 Cell phone belt clips Supplies Background checks Training Supplies State of the City Eggs & Issues Land use & planning workshops Power converter Magnetic mic Ink & labels for postage machine Maintenance Reference manuals Desk Picture for board Phone TV & Internet PD Computers Energy Page 4 140.85 832.50 551.08 383.32 40.45 250.00 37.23 100.00 210.00 35.74 34.95 289.25 902.50 117.45 495.00 16.00 41.51 251.86 5,580.00 27,053.29 &h!/ vV r -V State Tax exempt number E's 4c)./84, MN Business phone Zip Code Home phone ov)-reiop-99,4 kir / Type of organization 57- 2-269-052/ &(S ( Club ❑ Charitable N{ Religious ❑ Other non-profit City State Zip Code PVAI .14 G Alcohol & Gambling Enforcement Name of organization ($1 l'ci r (aAHAtLeAG lie --P Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Address 02-1 tc.a( S. Name of person making application City Date organized 141 G90 (.)v. C --•L4- X Date(s) of event I a.\'t 2_0( Organization officer's name v, ?vt lc GGA. (,2 Organization officer's name Organization officer's name Organization officer's name w/ City City City Location where permit will be used. If an outdoor area, describe. P I j o t- lorAA=t> &,h6 -&-e MN State MN State MN State MN 0(71- Zip (72 Zip Code Zip Code Zip Code If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. N/A If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. NVA APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT ity df County approving the license Date Approved Fee Amount Permit Date 4V -Q Date Fed Paid 1� kite, N1 Signature City Clerk or County Official City or County E-mail Address City or County Phone Number Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATIONtSTATE.MN.US Prif G AN Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Date organized Address /0l Z141 7L Name of person making application City Date(s) of event /`/ 71- Organization officer's name 4 rl .5i Mie..v Organization officer's name Organization officer's name Oroanlzation officer's name if hie' f /1f/ti State Tax exempt number MN Business phone I .,,-.7±_z.15±.42_22„5 Type of organization Club 0 Charitable ❑ Religious Ej Other non-profit Zip Code o&2 Home phone '/ 295 - 9725 City j�//€•,fes City City City State Zip Code MN State MN State MN State MN _75-47S22 Zip Code Zip Code Location where permit will be used. If an outdoor area, describe. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. f //pt./0 (OwIei4. ,>1----51,teet4e€/ /GC/' oS87620 APPROVAL eA APPLICAT MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT luvkii3(24ex. City or County approving � license 4 00 g LolFee ount l �1Am Date Fee Paid Date Approved Permit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AgE.TEMPORARYAPPucArio . STAT,MN.US 'FAG MINNESOTA DEPARTMENT OF PUB1. A'ET Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE 7Ji'e 4;Se iaeu e&u'dl tt c A4SCa1S/JT9 Address l! r a J'S NQ✓'ih 65cC Name of person making application City Date organized 8L' S--; I/ (Ade:frr C 'ULi e 012el� Date(s) of event Scctv..x-tit.04 , S-e1n4- .D3 a o I Organization officer's name M -r k Ckm u x Organization officer's name Organization officer's name Organization officer's name Location where permit will be used If an outdoor area describe State Tax exempt number c;.5 -a75 MN Business phone x,5I - -2.4a9 Type of organization ❑ Club ❑ Charitable City City City City eligious St to Zip Code ,a`a a8 o'L Home phone .b /2 - 49s - 3335 ❑ Other non-profit Zip Code MN State MN State MN State MN 55 -or Zip Code SSo�� Zip Code Zip Code >�t l uy" p w, . C,r1 %cs el t— o C CLA.A r pJ , ' S -fir eco - If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. NIA If the applicant will cry liquor liability insurance please provide the carrier's nee and amount of coverage. hit ch ( wV"PAC4� C ry — 1 v Od, oao APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT illee3a/6‹ City or County approving the license 47Q 5.00 Fee Amount .6-50- 2011 Date Fee Paid Date Approved Permit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@lSTATE.MN.US Administration � June 1, 2017 TO: Mayor & City Council FROM: Diane Ward, City Clerk SUBJECT: Variance to the Noise Ordinance Bryan McDonough Military Heroes Foundation On Friday, August 11, 2017 a fundraiser event for the for the Bryan McDonough Military Heroes Foundation (American Heroes Golf Classic) at Oak Glen Golf Course. This is the 11th year of the golf classic and it is requested that a variance to the noise ordinance as they are having a band "Your Dad's Band" be waived until 12 a.m. The neighbors would be contacted about the event and be invited as well. ACTION REQUIRED: Review request, and if Council approves the noise variance they should pass a motion approving the variance and setting the ending time for the amplified music. May 18, 2017 Nicki Roland Ecker 6546 Sherman Lake Road Lino Lakes, MN, 55038 Diane Ward - City Clerk City of Stillwater 216 North Fourth Street Stillwater, MN 55082 651.430.8800 Dear Ms. Ward, I am writing to request a noise ordinance waiver for the evening of August 11, 2017 for a special event held annually at Oak Glen Golf Course in Stillwater, MN. The waiver is requested for the 11th Annual American Heroes Golf Classic, which has been held for the past ten years in support of the Bryan McDonough Military Heroes Foundation. Bryan McDonough, of Maplewood, MN was killed in Iraq in support of Operation Iraqi Freedom on December 2, 2006. The foundation was created to support Minnesota service members and their families after physical and psychological effects of war. The annual event held in Stillwater is the primary source of fundraising for the Foundation. The waiver of the noise ordinance will allow those that have showed their support and those that have traveled long distances to be part of the event to its fullest, while providing a celebratory evening of live music and entertainment. Following the afternoon round of golf, dinner is served and a ceremony honoring the recipients of Foundation funds takes place. After the ceremony, with the waiver of the ordinance, the intention is to provide a tent party headlined by local band, 'Your Dad's Band' beginning at 8:OOpm and ending at 12:OOam. The event brought back the tent -style party last year with popular artist Tim Sigler and it went off without a hitch with the noise ordinance granted! It was a great end to a successful event. As done in previous years, the Foundation committee intends to go door to door in the surrounding neighborhood to inform them of the event and invite them to take part if they wish. To our knowledge, there have been no noise complaints by the nearby residents. Please contact me if additional information is needed in order to move this proposed ordinance waiver forward, or if I can provide any additional insights regarding the event. Thank you so much for your help and prompt attention to this request. Sincerely, Nicki Roland Eckerr cmmittee Member nicoie.r.rof 61287544gga Bryan McDonough Military Heroes Foundation 251 W. Lafayette Road St. Paul, Minnesota 55107 http :/Pna�ryhenoesfaundation.ai 00 A RESOLUTION OF SUPPORT FOR TRAIL AND TRAFFIC CONTROL IMPROVEMENTS (COUNTY PROJECT NO. C.P. 10503) WHEREAS, Washington County has, through its Capital Improvement Plan (CIP) recommended a project on County State Aid Highway (CSAH) No. 5, also known as Stillwater Boulevard, also known as Olive Street, to improve traffic operations and safety; and WHEREAS, Washington County, in consultation with the City of Stillwater, engaged in a corridor study process beginning in 2014 to identify potential and prioritized improvements for the CSAH 5 corridor within the City of Stillwater; and WHEREAS, the City of Stillwater, in consultation with Washington County, developed and approved the city's Trails Master Plan, which recommended a trail connection along CSAH 5 within the project area and was adopted by the City Council of the City of Stillwater on September 15, 2015; and WHEREAS, the City and County have engaged in community engagement process as part of the study and preliminary design effort intended to gather and consider public feedback for the proposed trail and traffic signal; and WHEREAS, concept project layout showing proposed pedestrian and traffic improvements on and along CSAH 5, within the limits of the City of Stillwater, has been prepared and provided to the City; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater supports the proposed construction in year 2018 of a new 8 -foot wide bituminous trail to be located on the northwest side of Stillwater Boulevard (CSAH 5) from approximately 960 feet north of Croixwood Boulevard to Deer Path, and the installation of a new traffic control signal system at Pine Street. BE IT FURTHER RESOLVED that the City Council of the City of Stillwater supports the County continuing with the development of final plans and right-of-way acquisition necessary for the construction of the project. Adopted by the City Council this 6th day of June 2017. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor !lIwa ter Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 6/2/2017 Re: Agreement for Source Reduction (Recycling Coordinator) Since 2004 the City has retained Karen L. Richtman, d/b/a Service on a Shoestring for doing for recycling education with Waste Reduction and Recycling Education in the schools in the City of Stillwater. Ms. Richtman continuously upgrades the Trash/Recycling portion of the City's website, prepared the new Residential Guide to Household Trash & Curbside Recycling and magnet for residents describing our services with Waste Management which was just distributed in February, as well education in the schools as part of a City-wide effort to encourage reuse and reduce waste Ms. Richtman's contract amount is the same as the last 3 year contract. This contract would be for July 1, 2017 through June 30, 2019. Ms. Richtman's contract has always been 100% funded the County's Recycling Grant funds and would not generate any additional expenses for the City. RECOMMENDATION: Staff recommends the City Council approve the attached Resolution approving the contract with Karen L. Richtman, d/b/a Service on a Shoestring. RESOLUTION 2017-105 APPROVAL OF CONTRACT WITH KAREN L. RICHTMAN, SERVICE ON A SHOESTRING FOR RECYCLING COORDINATOR SERVICES BE IT RESOLVED, by the City Council of Stillwater, MN that the consultant contract for recycling coordinator services from July 1, 2017 to June 30, 2019 and the City of Stillwater, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 6th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk SOURCE REDUCTION PROGRAM CONTRACT CONSULTING AGREEMENT JULY 1,2017- JUNE 30,2019 AGREEMENT made this 6th day of June, 2017, between the City of Stillwater ("Stillwater") and Karen L. Richtman, d/b/a Service on a Shoestring, 2854 Nightingale Court, Stillwater, MN, hereinafter referred to as "Consultant/Trainer". SECTION ONE SERVICES Consultant/Trainer agrees to perform such services as follows: A. Provide source reduction educational programming at specified Stillwater schools and to adults in the Stillwater area. B. Provide administrative support for Stillwater's source reduction activities, including recycling articles as needed. C. Maintenance and continued support for Stillwater's Trash/Recycling Web Site. SECTION TWO COMPENSATION Stillwater shall compensate Consultant/Trainer as follows: A. Seven Thousand Dollars ($7,000) per year for administrative responsibilities. B. Three thousand and Five Hundred Forty -eight Dollars ($3,548) maintenance and continued support of City's Trash/Recycling Website. C. Three Thousand Five Hundred Forty-eight Dollars ($3,548) per year for educational programming at Lily Lake Elementary, on or before June 30, 2018. D. Three Thousand Five Hundred Forty-eight Dollars ($3,548) per year (up to 3 per year) for waste reduction -related community programming, on or before June 30, 2018. SECTION THREE INDEPENDENT CONTRACTOR Contractor shall be engaged as an independent contractor and not as the City's agent or employee. The Contractor is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Except as otherwise provided, Contractor shall furnish all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. Stillwater and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees is in any manner agents or employees of the Stillwater. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. SECTION FOUR CONTRACT TERM This Agreement shall be for a term commencing July 1, 2017 and ending June 30, 2019. SECTION FIVE EXTRA SERVICE No claim will be honored for compensation for extra services or work beyond the scope of this Agreement without the written approval of Stillwater. SECTION SIX INDEMNIFICATION Contractor hereby indemnifies and holds the Stillwater harmless from any claims, suits, damages, costs (including reasonable attorney fees) arising out of any act or omission of the Contractor in the performance of the services provided for by this Agreement. SECTION SEVEN TERMINATION This Agreement may be terminated by either party without cause, effective upon written notification of termination to the other party. After termination, neither party shall have further obligation except to compensate Contractor for services performed before Contractor's receipt of notice of termination and expenses incurred as per proposal. SECTION EIGHT ASSIGNMENT The Contractor may assign or subcontract any of the services to be performed hereunder with written approval of Stillwater. Said consent shall not be unreasonably withheld by Stillwater. SECTION NINE ENTIRE AGREEMENT This agreement, together with the Stillwater's Agreement with Washington County authorizing a grant for the work to be performed hereunder, shall constitute the entire agreements between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION TEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION ELEVEN NOTICES Any notice provided for, concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified, or registered mail if sent to the respective address of each party as set forth herein: 1. Karen Richtman, 2854 Nightingale Court, Stillwater, MN 55082. 2. City of Stillwater, 216 North 4th Street, Stillwater, MN 55082 SECTION TWELVE GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. SECTION THIRTEEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement shall not affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if both parties, subsequent to the impingement of the invalid provision, had executed them. Consultant: Date: Karen L. Richtman Organization: City of Stillwater Name: Date: June 6, 2017 Ted Kozlowski Title: Mayor Name: Date: June 6, 2017 Diane F. Ward Title: City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Public Works Director / City Engineer DATE: June 1, 2017 SUBJECT: Lily Lake Tennis Court Rehabilitation DISCUSSION As part of the 2017 parks improvements, the three tennis courts at Lily Lake are scheduled to be rehabilitated. This improvement includes reclaiming the existing surface, regrading and shaping the surface to drain, install a new bituminous base and court surface, striping, nets and posts. When finished the site will have two permanent pickle ball courts, and two tennis courts with two pickle ball courts on each court. Staff received four quotes for the improvement with Brochman Blacktopping Co. being the low bidder at $64,162.00. Funds previously approved for the improvement include $55,000 for the tennis court rehabilitation in the 2017 Parks Capital Outlay funds and $7,000.00 from 2016 Parks Capital Outlay Carryover to stripe and surface the pickle ball courts. Since there is shortfall of $2162.00, it is proposed that monies realized from the savings from the Northland Park Parking Lot ($40,000 savings) be utilized to account for the difference. RECOMMENDATION Staff recommends the approval of the low bid and award the work to Brochman Blacktopping Co in the amount of $64,162.00. Funds will come from the 2017 Parks Capital Outlay and 2016 Parks Capital Outlay Carryover. ACTION REQUIRED IF Council agrees with the recommendation, should pass a motion awarding the work to Brochman Blacktopping Co of $64,162.00 for the Lily Lake Tennis Court Rehabilitation. gael4A.npjRcfi>*L. �� 61-41.7 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Public Works Director / City Engineer DATE: May 31, 2017 SUBJECT: Possible Purchase Tymco 435 Regenerative Air Sweeper Discussion The City of Stillwater Public Works Department has a 2005 Elgin Pelican mechanical sweeper. This piece of equipment is primarily used for spring and fall cleanup. The technology of this machine is outdated both mechanically and environmentally. The typical useful life a street sweeper is eight years. More commonly sweepers used today are regenerative air sweepers. These generally are better environmentally in which they pick up finer particulates/pollutants, reduce dust when sweeping Over the last year, Public Works staff has demoed and compared sweepers from several manufactures and determined that the regenerative sweeper from Tymco best suits the needs of the department. This sweeper is more compact than the current Elgin, has a larger hopper capacity, and can be used to sweep trails and parking lots. Staff has received a quote for a 2017 Tymco 435 Regenerative Air Sweeper from Environmental Equipment and Services, Inc. for $135,650.00, on State Bid Contract. This price includes the trade of the 2005 Elgin Pelican sweeper. Funds for this purchase will come from the Surface Water Management Capital Outlay Fund. Public Works purchased a 2013 Tymco 500X sweeper purchased from Environmental Equipment and Services, Inc. and is very happy with its performance, warranty and service. Recommendation Staff recommends the purchase of the new 2017 Tymco 435 Regenerative Air Sweeper from Environmental Equipment and Services, Inc. for $135,650.00. Money for this purchase will come from the Surface Water Management Capital Outlay Fund. Action Required If Council agree with the recommendation, they should pass a motion approving the purchase 2017 Tymco 435 Regenerative Air Sweeper from Environmental Equipment and Services, Inc. in the amount of $135,650.00. ti 1 1water Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 6/2/2017 Re: Traffic Safety Committee Appointment The terms of two members on the Traffic Committee expired on May 1st. John Rheinberer did not wish reappointment,we have not yet received any new applications, and we will continue to advertise. David Jones expressed interest in being reappointed to the committee. ACTION REQUIRED: If Council wishes to appoint Mr. Rheinberger, they should pass a motion adopting the attached resolution entitled REAPPOINTING DAVID JONES TO THE TRAFFIC SAFETY REVIEW COMMITTEE. RESOLUTION 2017-106 REAPPOINTING DAVID JONES TO THE TRAFFIC SAFETY REVIEW COMMITTEE NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that at their June 6, 2017 regular City Council meeting they made the following reappointment: • David Jones with term expiring May 1, 2020 (2nd Term). Adopted by Council this 6th day of June, 2017. Ted Kozlowkski, Mayor Attest: Diane F. Ward, City Clerk 5111 Iwa ter Administration Date: June 1, 2017 TO: Mayor & Council FROM: Diane F. Ward, City Clerk SUBJECT: Assignment Agreement - Riverview Parking Lot BACKGROUND In 2007 the City, Super Value, Inc. and the Veteran's Memorial Committee reached an agreement whereby the Veterans took over maintenance responsibilities of the above noted parking lot. The attached resolution will renew their contract on an annual basis which is appropriate for a volunteer organization that can change quickly. RECOMMENDATION: Staff recommends Council adopt the attached resolution renewing the existing Assignment Agreement for 2017. RESOLUTION 2017-107 APPROVING ASSIGNMENT AGREEMENT WITH THE VETERANS' MEMORIAL COMMITTEE FOR 2016 WHEREAS, the City of Stillwater is the owner of Riverview Parking Lot and is a party to a Master Agreement with SuperValu, Inc. that was made March 7, 1995; and WHEREAS, an Assignment of the Agreement was executed by the City and SuperValu; Inc. on a trial basis on July 6, 2007, and affirmed on December 31, 2008; and WHEREAS, the City and the Veterans' Memorial Committee desire to extend the Agreement on a year -to -year basis beginning November 2011; and WHEREAS, since the terms of the Agreement and the Assignment do not change as to SuperValu, Inc., the Agreement may be extended on a yearly basis without the consent of SuperValu, Inc. NOW, THEREFORE, be it resolved that the Assignment made November 2011 be and the same is hereby extended until December 31, 2017, subject to the Assent of the Veterans' Memorial Committee. Adopted by the City of Stillwater this 6th day of June, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor Diane F. Ward, City Clerk ASSENT VETERANS' MEMORIAL COMMITTEE By: Its: ORDINANCE NO. 1095 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING SENIOR CARE LIVING FACILITIES TO THE RA ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amend City Code Section 31-315, Allowable Uses in Residential Districts by adding: ALLOWABLE USES ZONING DISTRICTS A -P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Senior Care Living Facilities SUP SUP13 CUP 13 Senior Care Living Facilities in the RA zoning district shall have a minimum property size of 5 acres and a maximum building height of 35' 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 6th day of June, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Ulwater THE BIRTHPLACE OF MINNESOTA CITY COUNCIL DATE: May 31, 2017 TO: Mayor & Councilmembers REQUEST: Approve funding for Historic District Signage PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND At the request of the CVB and IBA, the City Council directed staff in August of 2016 to submit an application to MnDOT for Downtown Historic District signage to be placed on Highway 36. That signage (see attachments) has been approved by MnDOT, and their contractors would like to install the signs as soon as possible. However, before that can happen, the City would have to sign the attached agreement and pay the $9,346.50 for the signs and their installation. SPECIFIC REQUEST Staff requests approval of the sign agreement and authorization to pay for the signage from the Council's economic development funds. COMMENTS Two signs are involved. One would be installed on the eastbound lanes of Highway 36 just prior to the exit to Highway 95. The other would be installed on the westbound lanes of the new bridge just prior to the exit to State Highway 95. Signing the agreement obligates the City to pay for the signs as well as their maintenance. COUNCIL ACTION If the Council wishes to enter into the agreement, adopt the attached resolution. bt attachemnts: Resolution Agreement Sign drawings RESOLUTION NO. 2017 - CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE EXECUTION OF AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION AND MAINTENANCE OF DOWNTOWN HISTORIC DISTRICT SIGNAGE ON STATE HIGHWAY 36 WHEREAS, on August 3, 2016 the City Council directed City staff to make application to the Minnesota Department of Transportation (MnDOT) for Downtown Stillwater Historic District signage to be installed on State Highway 36; and WHEREAS, MnDOT approved the installation of the signage; and WHEREAS, prior to installation of the signage, MnDOT requires the City of Stillwater to enter into an agreement for the installation and maintenance of the signage. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota hereby authorizes the Mayor to sign the agreement and also authorizes City staff to pay for the signage. Enacted by the City Council of the City of Stillwater, Minnesota this 6th day of June, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk REQUESTER PAY SIGNING APPLICATION For GUIDE AND INFORMATION SIGNS MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) (PLEASE PRINT) Applicant's Name Address Phone Email Address Facility Name Address Phone Website Text to Be Displayed on the Sign(s): (Example: Carpenter Golf Course): Downtown Stillwater Historic District Next Right Requested Sign Locations: (Intersection of Highway and Street) EB and WB 36 prior to MN 95 Distance from signed intersection to facility: Miles Sign Legend Sign Size Quantity Cost per Sign SUBTOTAL Downtown Stillwater Historic District Next Right (ground mounted) 144 x 90 1 $ 2,749 $2,749 Downtown Stillwater Historic District Next Right (OH Mounted) 144 x 90 1 $6,597.50 $6,597.50 TOTAL COST $9,346.50 (NOTE: Total Cost reflects the number of signs, type of signs, fabrication, installation, and all related costs.) Please include your payment for the Total Cost with this application. Make your check or money order payable to: COMMISSIONER OF TRANSPORTATION Please read, complete, and sign the Certification of Compliance before mailing it. Return to: Minnesota Department of Transportation 1500 West County Road B2 Roseville, MN 55113 Attn: Josie Tayse Questions: (651) 234-7810 josie.tayse@state.mn.us MnDOT Use Only ❑ Payment Received Dated Authorized Minnesota Department of Transportation WO No. Area T.H. R.P. C.S. Page 1 of 2 GUIDE AND INFORMATIONAL SIGNS CERTIFICATION OF COMPLIANCE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) Purchase, Installation, and Maintenance of Signs I, the undersigned, do hereby certify that this facility conforms to all applicable laws and regulations concerning the provisions for public accommodations without regard to race, color, creed, religion, national origin, sex, disability, age and sexual orientation. I agree to accept the sign's format, design, structure, and location(s), as determined by MnDOT, in compliance with all pertinent state signing standards, and to make payment in advance for the fabrication, installation and all related costs of the sign(s) by MnDOT. I do also agree to pay any costs incurred with relocating the sign(s) in the future, if necessary to comply with legally -required spacing distances. I do also agree to pay for any additional maintenance and/or replacement costs for the signs(s) resulting from damage, vandalism, or other such occurrences beyond the control of MnDOT. I agree to pay MnDOT for all costs required to repair the sign panel(s) and/or sign structure(s), as required, to remedy any of the conditions outlined in the previous paragraph. If total replacement is required, I agree to pay MnDOT all costs for a new sign(s), in advance of the replacement, the current cost for fabricating and installing the sign(s) and/or replacing the sign structure(s). In addition, I understand that when the sign(s) must be refurbished due to natural deterioration, I will be required to reapply for the sign(s) and pay current replacement costs. Based on manufacturers' warranties, "natural deterioration" is approximately a 15 -year replacement cycle, enforced at MnDOT's discretion. I understand that there is a possibility, in the future, that my sign(s) might need to be permanently relocated, or removed completely and not re -installed, in order to accommodate roadway construction or maintenance, or when new or additional regulatory, warning, or guide signs are required to be installed, or as required by changes in Minnesota State Statutes applying to guide and information signs. I understand that MnDOT reserves the right to relocate my sign(s) when it is necessary to comply with these listed conditions or regulations. Additional guidance (trailblazing) signing from the MnDOT highway intersection/interchange to the facility will be the responsibility of the applicant and the local road authority, and must be in place prior to the installation of MnDOT highway signing. I, the undersigned, accept the terms and conditions of the regulations of the Commissioner of Transportation and agree to fully comply, to the satisfaction of MnDOT. Date Applicant's Signature Applicant's Name (print) Agency Name (if applicable) **end** Page2of2 Last updated October 2015 "I DOWNTOWN Stillwater HISTORIC DISTRICT NEXT RIGHT 28.4 20.2 24.7 39 87.2 103.6 132 10 144 28.4 > 20.2 > 45.6 24.7 6-> Identifier : OH 36-77; 12.0" Radius, 2.0" Border, White on Green; "DOWNTOWN" E Mod; "Stillwater" E Mod; Rounded Rectangle 1.5" Radius Brown; "NEXT RIGHT" E Mod; CITY COUNCIL MEETING DATE: June 6, 2016 Planning Commission: May 10, 2017 CASE NO.: CPC/2017-11 APPLICANT: Dave Najarian, representing The Lion's Tavern REQUEST: Consideration of Special Use Permit amendment to allow for amplified outdoor entertainment, until 11:00 pm on select nights, for The Lion's Tavern and at the property located at 324 Main Street South. ZONING: CBD - Central Business District COMP PLAN: DMU - Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner INTRODUCTION At their last regularly -scheduled meeting, the Planning Commission held a public hearing for consideration of an amendment to The Lion's Tavern's Special Use Permit. The amendment request was for the expansion of amplified music to occur until 11:00 p.m. on Thursday, Friday and Saturday evenings. In a 4-2 vote, the Planning Commission recommended denial of the amendment. BACKGROUND The Planning Commission granted approval of SUP 2006-05 which allowed for outdoor seating for Stone's restaurant. A condition of approval was that 'evening outdoor music is allowed but subject to review and revocation or adjustment upon complaint." The case files note 'piped music' was proposed. In May of 2016, the Lion's Tavern, operating under the aforementioned permit, requested an amendment to allow for live, outdoor music to occur on certain evenings. A condition of approval of CPC Case No. 2016-19 was that no amplified music shall be allowed past 10:00 pm. Furthermore, changes to the location, amplification, timing and/ or duration shall be reviewed by the City Council. However, Use Permit amendments require a Planning Commission public hearing. REQUEST The applicant requests an amendment to the special use permit to allow live, outdoor music on the west patio behind the structure located at 324 Main Street South. The specific amendment request is to allow amplified music until 11:00 pm on Thursdays, Friday, and Saturdays. This will also require a Council -approved waiver of City Code Section 38-3, Subd. 3 (Noise section of the Nuisance Ordinance). APPLICABLE REGULATIONS AND ANALYSIS Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor entertainment) may be allowed in the Central Business District by special use permit. In addition, the noise section of the Nuisance Ordinance (Sec. 38-3, Subd. 2) prohibits the use of musical instruments or operation of sound reproducing equipment outside after 10:00 pm if it can be plainly heard more than 50 feet from the source. Therefore, the approval of the request for outside music past 10:00 pm may only be approved by the City Council if they grant a waiver to this standard. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows for restaurants and associated outdoor entertainment by special use permit. As indicated, the Lion's Tavern has received SUPs for the current business activities. 2. Any additional conditions necessary for the public interest have been imposed. According to the conditions of CPC Case No. 2016-19, no amplified music is permitted past 10:00 pm. A noise complaint was filed with the Stillwater Police Department (SPD) on August 27, 2016. The complaint was substantiated by SPD. No other complaints are on file. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Downtown is a mixed-use area with many residents in addition to businesses and visitors. Outdoor music, especially amplified, has been a continual source of complaints from residents within and near downtown. The request for amplified music may create a nuisance or be detrimental to residents, other businesses and visitors. Recognizing these potential impacts, amplified music past 10:00 pm for has been determined to not be appropriate. A single business, the Water Street Inn located at 101 Water Street South, has been permitted by the City Council to have live, amplified entertainment to occur outdoors until 11:30 p.m. on Fridays and Saturdays during the summertime. CPC Case No. 2013-10 notes discussion surrounding approvals and potential future precedents, with notation the location of this property is sheltered from most residential properties. In discussions surrounding the consideration of approval of Case No. 2011-12, a SUP for outdoor entertainment for the American Legion at 101 3rd Street South, the Planning Commission discussed outdoor music as a part of a vibrant, downtown community, noting the limitation of amplification to 10:00 pm was not onerous. However, significant opposition to any outdoor music was voiced over the proximity of the American Legion to 1 The line item in the commercial use table that covers outdoor music reads: "Exterior phonographs, paging systems, musical instruments, etc that may disturb the peace and quiet of the public". Case No. CPC/2017-11 CPC: May 10, 2017 Page 2 of 3 the adjacent residences. To that effect, the Lion's Tavern's location at the base of Chillkoot Hill and in a natural amphitheater pushes sound upward, affecting properties uphill on Olive, 2nd and 3rd. ALTERNATIVES The City Council has the following options: 1. Determine that the outdoor entertainment request is in conformance with the provisions for issuance of the SUP and approve the Special Use Permit amendment and Noise Control and Regulation waiver, with or without conditions. 2. Determine that the proposed outdoor entertainment is not consistent with the SUP provisions, the Noise Control and Regulation, or the Comprehensive Plan and recommend denial of the Special Use Permit amendment and Noise Control and Regulation waiver. 3. Table the application to June 14, 2017, requesting additional information from the applicant. FINDINGS AND RECOMMENDATION Staff finds that the proposed amplified outdoor music increase, from 10:00 to 11:00, will create a public nuisance. Therefore, staff would recommend denial of Case No. 2017-11, directing staff to draft a Findings of Fact, Conclusion and Order to be brought back for City Council adoption go Resolution at their next regularly -scheduled meeting on June 20, 2017. ATTACHMENTS Site Location Map Applicant Narrative CPC Case No. 2016-19 Noise Complaint File Case No. CPC/2017-11 CPC: May 10, 2017 Page 3 of 3 0 The Birthplace of Minnesota 324 Main Street South SITE LOCATION CI Subject Property ••••••• Municipal Boundary Parcel Boundaries 85 170 340 Feet General Site Location =i • I %KV 41111=11i.. Ala_44fri jr 1 Si .igas •••• *PAW ,a• • • •••••••J ar c \ 0 Wp 7-7)-E • )(7-iz_44_ )115 /4/e 01/ G� ,019V S c Gf2gu/010 arm r" () lorm Z -7) a j' f'fz), )t//%/`-- Vtiz7/116- 4-7- /o -rte+;' 7 /� sus o:3ax„. F d°cotl-� w ice- )77° w/921 /9709 �� CITY OF STILLWATER ORIGINAL Case No.: 2016-19 Permit Fee: $275.00 Paid: 4/19/2016 ZONING PERMIT Permit Type: Special Use Permit Planning Commission Meeting Date: 5/11/2016 ActionNote: Approved 6-0 Description of Project: Consideration of a Special Use Permit amendment to allow for live, outdoor miusic, with a waiver to allow for outdoor music past 10:00 p.m. for the property located at 324 Main Street South. The Lion's Tavern Applicant(s): Dave Najarian, Applicant Grand Garage Holdings LLC, Owner The Lion's Tavern, Business Project Address: 324 Main Street South, Stillwater, MN 55082 Property ID No.: 2803020410063 2803020410064 Zoning District: CBD Conditions of Approval: 1 Live outdoor music is permitted to be located on the western patio, situated in a location where sound is directed in as easieriy fashion as possibie and as depicted on the site pian as proposed in Case No. 2016-19. 2 Amplified music shall only be permitted 7:00-10:00 pm, Sunday through Thursday, and 8:00-11:00 pm Friday and Saturday, from May 1 through Labor Day and including Memorial Day, Independence Day, and Labor Day. 3 No amplification shall be allowed past 10:00 pm. 4 Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. 5 The City reserves the right to reduce hours approved in this permit if the outdoor entertainment becomes a nuisance. 6 This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. 7 A 90 -day review shall be conducted by staff for substantiated complaints to be brought before the Planning Commission in a public hearing for consideration of revocation of the permit. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. 7 . epresentative Community Development Director Date KIA11/1114 Date A zoning permt is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge. This zoning use permit will be null and void if the project that is permitted by this zoning use permit is not completed within two years from the date the permit is granted. Page 1 of 1 CJG1UPRSW DATE 5/01/17 TIME 14:46:44 DATE/TIME REPORTED: DATE/TIME STAMP: LOCATION OF INCIDENT STILLWATER POLICE DEPARTMENT INITIAL COMPLAINT REPORT 116208010 8/27/16 22:45:15 DISPATCHER: JLSYCKS 8/27/16 22:47:11 ENTERED BY: JLSYCKS : 324 MAIN ST S 16 LIONS TAVERN STILLWATER, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: NAMES ASSOCIATED WITH THIS INCIDENT: NOISE COMPLAINT BUSINESS IDENTIFIED 82 TANBERG 221 MITCHELL SEX:M DOB: ASSOCIATION:COMPLAINANT LIONS TAVERN 324 MAIN ST S 16 STILLWATER, MN 55082 PHONE:(H) (W) SEX: DOB: ASSOCIATION:OTHER OFFICER COMMENTS: I SPOKE WITH ' WHO ADVISED THAT THE LION'S TAVERN HAS A TEMPORARY PERMIT FROM THE CITY PROHIBITING AMPLIFIED MUSICAL INSTRUMENTS FROM 2200-2300 HRS, AND WAS ADVISING THAT HE BELIEVED THAT THE BUSINESS WAS IN VIOLATION OF THIS PERMIT. I POSITIONED MY SQUAD ON 2ND ST AT NELSON ALLEY AND I COULD HEAR AN AMPLIFIED MICROPHONE WITH SINGING, AT LEAST ONE ELECTRIC GUITAR (POSSIBLY 2), AND A DRUM SET BEING PLAYED. I ADVISED THAT IF THIS IS IN FACT A VIOLATION OF THE PERMIT, HE WOULD NEED TO ADDRESS THE CITY COUNCIL AGAIN AND ADVISE THEM OF THIS INCIDENT WHEN CONSIDERING A PERMIT RENEWAL FOR THE BUSINESS. LAST AMPLIFIED MUSIC FROM THE BUSINESS WAS HEARD AT 2318 HRS WHILE SITTING IN TEADY BEAR PARKING LOT. CLASSIFIED AS: LOUD NOISE/MUSIC GRID: 108 221P 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 221 8/27/16 9804 Administration � Date: June 2, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Temporary Liquor License Amendment Attached is an ordinance amendment to Section 43-131, Temporary Licenses to update the current section to allow the sale of strong beer at events that request a temporary license. RECOMMENDATION: Approve the first reading of the ordinance. ACTION REQUIRED: Pass a motion to approve the first reading of the ordinance with the second reading to be held on June 20, 2017. ORDINANCE AN ORDINANCE AMENDING SECTION 43-131 OF THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Section 43-131, is hereby amended to read as follows: Section 43-131. Temporary Licenses. Subd. 1. Temporary Licenses may be issued subject to the provisions and restrictions set forth in Minnesota Statute Section 340A.404 Subd. 10 and 304A.410 Subd. 10, and any further restrictions set forth in City Policy. 2. SAVING. In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of June, 2017. CITY OF STILLWATER Ted Kowlowski, Mayor Attest: Diane F. Ward, City Clerk Ulwater THE B I M T N PLAC E OF- MINNESOTA DATE: June 1, 2017 TO: Mayor & Councilmembers REQUEST: Increase in hours for Planning Secretary PREPARED BY: Bill Turnblad, Community Development Director REVIEWED BY: Tom McCarty, City Administrator Sharon Harrison, Finance Director BACKGROUND The Planning Division Secretary works 20 hours per week. The Community Development Department would like to increase the position's weekly hours to 32 this year. The primary purpose for the increase is to allow the position to take on administration of the vacation rental program. Currently the Community Development Director administers the vacation rental program, which takes approximately five to fifteen hours a week (one to three hours a day). As soon as the new program is running smoothly, its administration will be passed on to other staff in the department. Originally, it was thought that this would become the responsibility of the Zoning Administrator. But, as our new Zoning Administrator position matures, it is clear that the responsibilities assigned to the position already occupy 40 hours a week. Therefore, we hope to increase the Secretary's hours to handle the program. FUNDING The actual salary and benefit costs associated with the 12 extra hours per week are estimated at $7,351.81 in 20171. For 2018 the estimated costs would be $16,621.49. Funding for the additional hours would come from the lodging tax fund. 95% of the lodging tax goes to the Convention & Visitor's Bureau. But, 5% of the tax remains with the City for administrative purposes. The current balance of the lodging fund is a bit over $60,000. This would cover the salary and benefits for the Secretary's extra hours in 2017. In addition, even if no new hotel rooms or vacation rentals are added, and the lodging tax fund revenue remains flat with about $10,000 annual payments, then the $60,000 current balance and annual payments would cover the Secretary's extra hours and benefits for nine years. However, there are two new hotels planned downtown, a large addition to the Water Street Inn, and as yet an unknown number of 1 Beginning July 24, 2017 and running through end of year. Planning Secretary Page 2 vacation rentals. Therefore, the extra hours for the Secretary position will likely be funded well beyond nine years. REQUEST I am requesting the City Council to authorize the Planning Secretary position to increase to 32 hours per week and to cover the increased salary and benefits from the lodging tax fund. bt Attachment: Resolution RESOLUTION NO. 2017 - CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE INCREASE OF WORK HOURS FOR THE PLANNING DIVISION SECRETARY WHEREAS, the Planning Division Secretary works 20 hours per week; and WHEREAS, the Planning Division Secretary will be assigned the responsibility of administering the vacation rental program; and WHEREAS, it is anticipated that administration of the vacation rental program will take approximately five to fifteen hours a week. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota authorizes an increase of hours for the Planning Division Secretary from 20 to 32 weekly. BE IT FURTHER RESOLVED, that the increased salary and benefits will be funded from the City's portion of the Lodging Tax. Enacted by the City Council of the City of Stillwater, Minnesota this 6th day of June, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Ilk RAMSEY COUNTY 17 Washington tY JOINT MEETING OF THE RAMSEY AND WASHINGTON COUNTY BOARDS OF COMMISSIONERS AGENDA Tuesday, June 6, 2017 10:30 a.m. —12 p.m. (Breakfast buffet available at 10 a.m.) Landmark Center 75 - 5th Street W. Courtroom 317 (Ramsey County Room) St. Paul, MN 55102 10:30 — 10:45 Welcome and Introductions Board Chairs Victoria Reinhardt and Lisa Weik Purpose of the Meeting Commissioners Victoria Reinhardt and Fran Miron 10:45 — 11:45 Waste Management in Ramsey and Washington Counties • A Shared Vision of the Future • The Current State ▪ Future Opportunities and Considerations • Proposed Next Steps & Discussion 11:45 — 12:00 Other Discussion Topics of Mutual Interest Board Chairs Victoria Reinhardt and Lisa Weik 12:00 Adjourn Parking & Directions Landmark Center is located at 75 - 5th Street W., St. Paul, MN 55102. Several parking ramps are located near Landmark Center. The closest options are the Landmark Towers Ramp (entrance on Market Street) or Lawson Ramp (entrances on 5th Street and 6th Street). Additional transportation information is available on the Landmark Center website. The meeting will take place in Courtroom 317 on the third floor. After entering Landmark Center, proceed to the elevators located in the hallway at the far end of the Musser Cortile (opposite end of the room from the information desk). Take the elevator to the third floor. Turn left out of the elevators and follow the hallway straight back to Courtroom 317. Staff will be stationed in the building to provide assistance. 9:00 Roll Call BOARD AGENDA MAY 23, 2017 - 9:00 A.M. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District Karla Bigham, Distric, Lisa Welk, Chair, District 5 Pledge of Allegiance . 9:00 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 city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board 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 individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 9:10 Consent Calendar — Roll Call Vote 4 9:10 General Administration — Molly O'Rourke, County Administrator A. Resolution — Recognizing Jean DeCurtins for his Contributions in Service to his Country as Jean DeCurtins Week B. Review 2016 Performance Measures and Indicators Report — Amanda Hollis, Senior Planner 5 9:25 Public Works — Jan Lucke, Transportation Planning Manager and Joe Gustafson, Traffic Engineer A. Set a Public Hearing for June 13, 2017 on the Implementation of a Transportation Sales Tax under Minnesota Statutes 297A.993 to Replace the Current Sales Tax being Collected under Minnesota Statutes 297A.992 B. Resolution — Request Funding from the Minnesota Department of Transportation through the Fis Year 2019 Metro Municipal Agreement Program 6 10:05 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. 7. Board Correspondence 8. 10:20 Adjourn 9. 10:25-10:55 Board Workshop with Community Services — Sarah Tripple, Planning and Program Manager Discuss Group Residential Housing Programs and Overview of Housing Options in Washington County 10. 11:00-11:45 Board Workshop with Administration — Colin Kelly, Senior Planner Update on the Comprehensive Plan Update Process Including a Summary of Public Engagement Opportunities 11. 11:50-12:25 Board Workshop with Public Works — Jan Lucke, Transportation Planning Manager Discuss Possible Dissolution of the Counties Transit Improvement Board and Draft 993 Transportation Plan 12:30 Legislative Committee Meeting Please note: The next County Board Meeting will be held on June 13, 2017 and will be in the afternoon due to the Coun* Board of Appeal and Equalization Meeting Assistive listening devices are available for use in the County Board Room II yr. _ _ a<.ixtanra 4.m In A:euhJ:l.. ne P,0.qsa " 't /Wane. evil V diff Pram EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 23, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Library Property Records and Taxpayer Services Public Health and Environment Public Works ITEM A. Approval of May 2, 2017 County Board Meeting Minutes. B. Approval of contracts with James F. Schneider, Jessica Buberl, Spencer Butts and Greg Schmidt for the provision of legal representation involving probate law when required. C. Approval to appoint Tedi Carlson, Lake Elmo, to the Historic Courthouse Advisory Council as a representative of District 3 to a partial first term expiring on December 31, 2019. D. Approval to appoint John Rheinberger, Stillwater, to the Board of Adjustment and Appeals to a partial first term expiring December 31, 2019. E. Approval to appoint David Olufson, Mahtomedi, to the Library Board representing District 1 to a partial first term expiring December 31, 2019. F. Approval to appoint Dean Shepersky, Woodbury, to the Historic Courthouse Advisory Council as an at -large representative to a partial third term that will expire on December 31, 2019. G. Approval of recognition of Lake Elmo Inn restaurant on being named in the Opt.. Table's 100 Best Brunch Restaurants in America. H. Approval of recognition of Aqua restaurant on being named in the Open Table's 100 Best Brunch Restaurants in America. I. Approval of Commissioner Karwoski's appointment to the East Metro Strong Board. J. Approval of renewal of MNLink Server Site Agreement for Washington County Library with the Regents of the University of Minnesota doing business as Minitex effective July 1, 2017 to June 30, 2022. K. Approval of the plat of Morgan Farm Lots in Denmark Township. L. Approval of Grant Project Agreement between the Minnesota Department of Health and Washington County to Receive Federal Temporary Assistance for Needy Families funding. M. Adoption of resolution to approve the transfer of permanent right of way to the City of Forest Lake. N. Approval to award the bid to and authorize execution of contract 10996 in the amount of $125,372 with AAA Striping Services Co. for 2017 Latex Striping. Page 1 of 2 Assistive listening devices are available for use in the County Board Room 040,! ....e.r m rsr.rm,a-...r.,., M fn(mmr.yry. for 0a.9.1aym r.,...:... �.b.... ,�mn .rr,,i atrt anon EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Page 2 of 2 O. Approval of an Overpass Agreement between BNSF Railway Company and Washington County for the period from final signature through completion of the construction of a pedestrian and bicycle bridge to connect Point Douglas Regional Trail and the Hastings Bridge Trail System, and authorize its execution pursuant to Minn. Stat. 373.02. P. Adoption of resolution to enter into an Easement Agreement with BNSF Railway Company for a pedestrian and bicycle bridge for Point Douglas Regional Trail. 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 f/..n.. nm. eretsrinre N,.n In 4. 044 or inv.,. l.n r» fJeaen..5 MS, I -in nnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER