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HomeMy WebLinkAbout2008-02-04 CC PacketSt!lhva!ei THE BIRTHPLACE OF MINNESOTA REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. Council Chambers, 216 North Fourth Street Monday, February 4, 2008 REGULAR MEETING REMINDER: MEETING DATE CHANGE 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Library Board — litltsftWFEEF§Wym atC1 2. Legislative Update — Ed Cain 3. Levee Wall Update — Tom Novak 4. 2008 Comprehensive Plan Update — Discussion of refined goa STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Director CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 5. City Eng 6. Ci 7. Finance Director 8. City Administrator APPROVAL OF MINUTES — Possible approval of January : 008 regular and recessed minutes and January 15, 2008 regular meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIO OPEN FORUM The Open Forum is a portion of the the meeting agenda. The Council staff regarding investigation of the limit your comments to 5 minut es NDATIONS coil meeting to address Council on subjects which are not a part of t�t or reply at the time of the statement or may give direction to expressed. Out of respect for others in attendance, please CONSENT AGENDA* 1. Resolution 2. Resolution 3. Resolution 4. Resolution 5. Possible a 6. Possible 7. Possib 8. Poss 2008 -10 200; 2 cting payment of bills val of Investment Policy al of forestry consultant contract for 2008 , approving retainer for City Attorney for year 2008 of B es Annual Bocce Ball Tournament — February 23, 2008 rchase Renewal of Anti -virus software for 2008 purchase computer for Engineering Department to purchase 17 doors & hardware for Lily Lake arena PUBLIC HEARI or less. - Out of respect for others in attendance, please limit your comments to 10 minutes 1. Case No. 08 -03. This is the date and time for a public hearing to consider a request from Tim Fohr, representing US Home Corporation, for a minor Planned Unit Development Amendment and Developers Agreement Amendment for Settlers Glen 8th Addition and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 25, 2008. (Resolution — Roll Call) UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 991, amending Stillwater Code §51 -5 "Snow Emergencies" (Roll Call) 2. Possible approval of agreement with Mainstream Development relating to public restrooms (Resolution — Roll Call) NEW BUSINESS 1. Possible approval of bond sale - 2008 Capital Outlay (Resolution — Roll Call) (Avg able Monday) 2. Discussion on the authorization of a wharfage permit for River Cities (Resolution - Rol) ) 3. Possible approval of snow plowing policy (Resolution — Roll CaII) 4. Possible approval of resolution authorizing an investment account with B learingz ervices, LLC (Resolution — Roll Call) 5. Possible discussion /appointment to Downtown Parking Commission PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (confirm, COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered outine by the City Council and will be enacted by one motion. There will be no separate disco lion on these items unless a Council Member or citizen so requests, in which event, the items will be reared from the consent agenda and considered separately. Page 2 of 2 0 0 0 m 0 • > F 0 � o crq pa 0 O 0 o fi rt 0 O 5 Q° 0 3 c 0 go „ - 03 N 0 p O a) 0 t � (D © 0 47D o cn „ a oc M. C �, m 0 : (�j TS ' 0 0 0 0 a 0 6 (� o0a o • at) all (�D K' A) K 0., " (rD N � 51 • O • O (( S �� (1) m Pt 2 aci N C —. 0 8 v (D • • Ui Aer 0 O n 0 0 0 CIQ 0 Cr 0 0 O n lnogd Mouyi of O)fl p‘noA lianog1 am N 0 0 00 saalsn j 4o paeo8 aaleMII (D d � N rcta • 0 h Ciq • m • a 0 0 O- The Foundation received its 501 (c) 3 status in 0 Q. cD cr 0 0 00 f o11gnd JoieMII4S 041 '£ 03 .n 0 0. 0 0 0 • TO: Mayor & City Council FROM: Bill Turnblad, Community Development DirectorZ DATE: January 31, 2008 MEETING DATE: February 4, 2008 REGARDING: Phase 3 Levee - Design and Alignment BACKGROUND Phase 3 of the downtown flood barrier project is in its early design stage, which slowed over the last several months in order to coordinate the project design with the Comprehensive Plan update process. The downtown planning for the Comprehensive Plan update is now catching up. The City's planning consultants have recently completed a first look at a riverfront plan that incorporates the levee project into the various riverfront plans, including potential changes associated with the new St. Croix River crossing. COMMENTS The City Council adopted a preferred plan for this third phase of the downtown flood protection project several years ago. The preferred plan was based to a large extent upon input from downtown merchants and stakeholders over the course of 19 meetings. The parameters of the preferred plan are: • Views of the river will not be blocked by the flood control improvement • Only 50 year flood protection will be provided in order to minimize obstruction of views • Project improvements will provide staging areas for ease of fighting floods that exceed the 50 year frequency • To de- emphasize the flood barrier, a combination of berming and backsloping will be employed • A trail will be incorporated into the project As planning proceeded on this phase of the flood control project it became apparent that the State Historic Preservation Office (SHPO) would add a few more design parameters. First, the grades in the portions of Lowell Park between Myrtle and Nelson Phase 3 Flood Protection January 31, 2008 Page 2 of 2 could not be altered from their historical context. And second, to the extent possible the trail should follow the old railroad alignment to preserve its place in history. The City's downtown planning consultants from Bonestroo /DSU have been working with the preferred plan parameters of the City, the desires of SHPO and the Corps of Engineers to meld the many design elements into a cohesive whole. The result of their work can be seen in the set of plans and cross sections that are attached to this memo. Comments on the plans and cross sections: • A variety of design element combinations are proposed depending upon the location of a specific section. The spectrum of elements include berming; berming with trail on top; slight berming with seatwall; slight berming with seatwall and sidewalk; and in places a (bicycle) trail separated from the sidewalk and /or seatwall. • To avoid backsloping and changing the grades in the historical sections of Lowell Park, a seatwall is proposed along the west edge of the Park between Nelson Street and Myrtle Street. (Seen as Sections D and E in the attached cross sections) • The Lowell Park Plan recognizes that the amphitheater and at the end of Commercial Avenue on the river can not be constructed as proposed without the cooperation of Mr. Dougherty, since he owns a parking lot that would be impacted. Therefore, an alternate plan is shown that could be constructed now. If circumstances ever change, the larger amphitheater and pedestrian plaza could be developed. This is shown both in the Section C cross section and the alternate park plan. • Until detailed surveying is completed, it will not be known if all parking lots along the flood barrier will have 90 degree stalls with two -way traffic. • The index sheet (labeled "Flood Barrier Sections ") shows location and flood barrier elements correctly, but the dimensions are not correct. The correct dimensions will be found in the individual cross sections. Tom Novak from the St. Paul office of the US Corps of Engineers will be available at the worksession for questions. REQUEST Staff requests the Council to comment on the various elements and alignment of the project. Based upon comments the Corps and the City's comprehensive planning consultants will proceed with their work. attachments: Flood Barrier Index Flood Barrier Sections A -E Lowell Park Plan (color and B &W) Alternate Lowell Park Plan Old railroad R.O.W. varies LO N M N O L^ Flood Barrier Section B Ueld >laed Ilannol Z66 L }o a6pa pauueid aaeuaixoaddy 6upped }o abpa i.sea 6uiisix3 Approximately 65' .M.p.d .d.d IsaM 6uplx3 cD N ro c .1 T.W. 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N N E 0 T 4 TO: Mayor & City Council FROM: Bill Turnbiad, Community Development Director► . r DATE: January 31, 2008 RE: Refinement of 2008 Comprehensive Plan Goals & Policies BACKGROUND A draft set of goals and policies for the 2008 Comprehensive Plan update was presented to the City Council on November 8, 2007 at a joint meeting with the Planning Commission, Heritage Preservation Commission and Park & Recreation Commission. The City Council made it clear at the meeting that they would like to see fewer goals and policies. Moreover, those that are kept should be made as flexible as practical. At the December 4, 2007 meeting the City Council gave direction to: • Establish two sub- committees — one from the Downtown Steering Committee and the other from the General Plan Steering Committee. The sub - committees would review each of the 2008 draft goals and policies for their respective areas of the Comprehensive Plan and make recommendations on refining them. o The general plan sub - committee consisted of Adam Nyberg, Terry Zoller, Dave Junker and Gail Pundsack. o The downtown plan sub - committee consisted of Rob Gag, Rob McGarry, Suzanne Block and Jennifer Severson. • The sub - committee recommendations would be forwarded to their respective whole committees for comments. • After the whole committees made comments the refined goals & policies would be brought back to the City Council to determine if they were generally acceptable so the next step of the Comprehensive Plan update process could be taken. The sub - committees and whole committees have nearly completed their refinement project. Only the land use chapter still needs review by the whole committees. The rest of the comp plan chapters are done. Goals from the 1995 Comprehensive Plan and other plans adopted by the Council since 1995 served as the starting point for discussions about goals and policies to be included in the 2008 Comprehensive Plan. In addition, theses goals and policies were augmented through neighborhood visioning sessions. There are several reasons why the previous goals and policies served as the starting point for the 2008 Comprehensive Plan. Among them are: Refinement of Goals January 31, 2008 Page 2 of 3 1. The 2008 Comprehensive Plan is an update of the 1995 plan. It is not intended to be a new plan. Since the City is about 90% developed (this includes Millbrook, Settler's Glen and Liberty West which are under development), an update is appropriate and is acceptable to the Metropolitan Council. 2. Since the 1995 plan was intended to guide the development of the entire Orderly Annexation Agreement area, goal and policy setting went through a very intensive process at that time. Scores of meetings were devoted over the course of more than a year to goal setting. Staff believes that the goals and policies that came through that process are still sound and only need updating or augmenting. COMMENTS Attached are the recommendations from the sub - committees and committees charged to refine the goals, objectives, policies and programs that will be included in the 2008 Comp Plan update. The recommendations are presented in four groupings and each grouping has both a legislative version and a "clean" version. The following chart summarizes the number of goals, etc. that were present in the 1995 Comp Plan and how many are being recommended for inclusion in the 2008 update. (The land use chapter has not been reviewed by the whole committees yet, so it is not included in the table.) Comp Plan Chapter 1995 Goals 2008 Goals 1995 Policies 2008 Policies 1995 Programs 2008 Programs Parks, Trails, Riverfront 5 4 28 22 33 22 Natural Resources & Open Spaces 3 4 8 5 12 5 Historic Resources 5 5 8 6 6 4 Public Facilities 5 5 9 7 4 2 Transportation 7 6 16 13 26 18 Housing 3 3 9 9 6 6 Local Economy 4 4 9 9 12 12 TOTAL 35 31 87 71 97 69 Each chapter of the updated comp plan would have 3 to 6 goals and the total number would remain about the same. The number of policies would be reduced from 87 to 71, but more importantly many policies were revised to be more flexible (i.e. less binding). The number of programs was reduced by about 30 %. The sub - committees used the following definitions for categorizing the various statements. GOAL: A general end toward which effort is directed. [Definition from Merriam Webster] OBJECTIVE: A more specific end toward which effort is directed. POLICY: A specific statement of guiding actions that express the general direction the City intends to follow in order to meet its goals. [Definition from the Metropolitan Council]. PROGRAM: A specific means of implementing an objective or policy Refinement of Goals January 31, 2008 Page 3 of 3 REQUEST Staff requests Councilmembers to consider the recommendations of the sub - committees and committees. If they are generally acceptable, the next phase of the comprehensive plan updating process will get underway. If there are areas of concern, they can be sent back to the sub - committees for reconsideration. Attachments: Recommendations related to Parks, Trails and Riverfront Recommendations related to Natural Resources & Open Space, Historic Resources and Public Facilities Recommendations related to Transportation Recommendations related to Housing and Local Economy 2008 Comprehensive Plan Update Refinement of Goals and Policies .1_ Recommendations related to Parks, Trails, and Riverfront Goal Refinement Sub - Committees The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan as well as area plans officially adopted by the Council since then. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan and the Downtown Plan goal refinement sub - committees have reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible where ever applicable. The number of resulting items is less than what was included in the 1995 Comprehensive Plan. Parks Trails & Riverfront Goals Goal 1: Provide a variety of passive and active parks and other leisure, recreational and cultural opportunities that are conveniently located, accessible, affordable, safe, physically attractive and uncrowded for all Stillwater residents. Goal 2: Enhance and expand existing recreational facilities for Stillwater residents based on the recreational needs of the community and its neighborhoods. Goal 3: Work to develop an area -wide interconnected recreation and facilities plan with other local governments, the school district and Washington County. Goal 4: Reinforce the riverfront as the focus of the downtown Stillwater open space system and as a significant cultural and historical amenity. Park Standards Objectives Bring the amount of Stillwater's park land into compliance with the city's adopted minimum standards: community park land at a city -wide total of 3 acres per 1,000 population and neighborhood park land at a city -wide total of 7 acres per 1,000 population; park facilities within one - quarter mile or less of residents, no major physical barriers within that one - quarter mile distance. Sub - committee recommendations January 15, 2008 Page 1 of 6 1995 Comp Plan 2008 updated plan Goals 5 4 Policies 28 22 Programs 33 22 Parks Trails & Riverfront Goals Goal 1: Provide a variety of passive and active parks and other leisure, recreational and cultural opportunities that are conveniently located, accessible, affordable, safe, physically attractive and uncrowded for all Stillwater residents. Goal 2: Enhance and expand existing recreational facilities for Stillwater residents based on the recreational needs of the community and its neighborhoods. Goal 3: Work to develop an area -wide interconnected recreation and facilities plan with other local governments, the school district and Washington County. Goal 4: Reinforce the riverfront as the focus of the downtown Stillwater open space system and as a significant cultural and historical amenity. Park Standards Objectives Bring the amount of Stillwater's park land into compliance with the city's adopted minimum standards: community park land at a city -wide total of 3 acres per 1,000 population and neighborhood park land at a city -wide total of 7 acres per 1,000 population; park facilities within one - quarter mile or less of residents, no major physical barriers within that one - quarter mile distance. Sub - committee recommendations January 15, 2008 Page 1 of 6 Provide a balance of active and passive recreation opportunities, including facilities to serve the varied interests of the population. Designate adequate park sites for the future development of the city. Provide for an annual evaluation, maintenance and replacement of recreational facilities. Policies & Programs Policy 1: The city shall require all new development to dedicate land or pay a park fee according to the park dedication policy. Policy 2: The city shall obtain and develop new public neighborhood parks at a rate consistent with new residential development and in keeping with the city's basic guidelines for park development. Policy 3: The city shall develop public community parks consistent with growth of the city's population and in keeping with the City's basic guidelines for park development. Policy 4: The city will provide recreation activity sites to respond to the active and passive needs of a diverse population. Policy 5: The development of private sector recreation facilities in the appropriate locations shall be encouraged. In addition to public park improvements required of developers, the city shall promote private open space and recreation facilities in large -scale residential developments. Program (1) The city shall study and pursue various means of funding the acquisition, operation and maintenance of park, open space trail, and recreation facilities. Program (2) Acquire and develop land in the western part of the city for community park purposes. Program (3) Investigate the need, potential site and feasibility for a dog park. Efficient Use of Facilities Objectives Maximize opportunities for the joint use of public land and facilities such as schools, detention ponds and area under the jurisdiction of other public agencies that have land available for possible recreation purposes. Maximize the extended use of existing public facilities for year -round and evening use. Identify recreation areas that are owned by school district or other public entities and seek permission to use those lands for recreation programs or facilities. Sub - committee recommendations January 15, 2008 Page 2 of 6 Policies & Programs Policy 6: The city will work with the school districts in identifying and evaluating the potential for park acquisition of school sites which might become surplus school lands. Policy 7: Joint development of community recreation facilities together with local schools and surrounding governments shall be encouraged. Program (4) Consider cooperative efforts with the school district, athletic organizations, public utilities, the city and other public agencies in order to acquire and /or develop parkland, retain open space areas and recreation facilities and provide programs. Program (5) Periodically update and distribute the list of available public park facilities to community groups. Program (6) Develop and implement a program for year- around use of some recreation facilities. Program (7) Explore methods to implement the park and trail system and integrate it with the systems of surrounding local governments. Park Location and Design Objectives Locate new neighborhood parks in areas not necessarily adjacent to schools in order to better distribute urban open space and to enhance neighborhood identity. This is especially applicable in the South Hill and Oak Glen planning areas, where there are insufficient neighborhood park facilities. Design park and recreation facilities to serve the recreation and social needs of residents of all ages, economic situations and physical abilities. Establish a volunteer program to help maintain and enhance neighborhood parks. Add landscaping, sculptures and seating. Vary the landscaping, improvements and construction materials used in different parks to help establish park and neighborhood identity. Policies & Programs Policy 8: Residential developments adjacent to parks or open spaces should be encouraged to provide direct access to and common open space contiguous with such areas. Policy 9: In considering the location and redevelopment of parks, the city shall give thought to sites based on maximum geographic and handicapped accessibility, proper topography and visibility (for the safety of park users). Sub - committee recommendations January 15, 2008 Page 3 of 6 Policy 10: In the design and maintenance of parks, consideration should be given to minimize the impacts on the environment. Program (8) Continue a regular patrol of parks to provide for the safety of park users. Program (9) Design, install and maintain standardized park signage for all city parkland and trails. Program (10) Develop and implement neighborhood park plans based on the following priority list developed by the Park and Recreation Board. These plans will reflect neighborhood input into the planning process. Trails and Pathways Objectives Construct a city -wide trail /bikeway system that connects major activity centers, schools, downtown, scenic open space areas and lakes and other adjacent community systems Preserve and provide views of natural resources by aligning trails appropriately. Provide alternative means to reach city parks, county parks, regional parks, state parks and other community destinations Preserve and enhance public -owned ravines. Policies & Programs Policy 11: Bikeways, hiking trails, rest areas and picnicking accommodations should be provided within designated trail corridors, wherever feasible. In addition the trails connecting neighborhoods into downtown should be identified. Policy 12: Bikeways, hiking trails, rest areas and picnicking accommodations should be provided within designated trail corridors, wherever feasible. In addition the trails connecting neighborhoods into downtown should be identified with emphasis on the existing stair cases and the creation of new stair cases. A linear trail should be developed in Lowell Park running from the Dock Cafe to the MN Zephyr depot. Trail connections should also be explored that connect Lowell Park to the Aiple property, Kolliner Park and the Boom Site. Policy 13: The city should control land development along designated trails and pathway corridors in order to provide sufficient right of way and to ensure that adjacent new development does not detract from the scenic and aesthetic qualities of the corridor. Policy 14: When new development occurs adjacent to a designated trail and pathway corridor, the city should require the development to install and maintain the trails. Policy 15: The design, construction and management of trails and pathways should be carefully planned and executed in order to minimize environmental disturbance. Sub - committee recommendations January 15, 2008 Page 4 of 6 Policy 16: Public improvements such as roads that are to be located within trail and pathway corridors should be designed to provide safe and secure, routes for trails, including grade separation whenever feasible. Policy 17: Encourage the incorporation of trails and pathways into corridors used for public and utility purposes. Policy 18: Bikeways, hiking trails, rest areas and picnicking accommodations should be provided within designated trail corridors, wherever feasible. In addition the trails connecting neighborhoods into downtown should be identified with emphasis on the existing stair cases and the creation of new stair cases. A linear trail should be developed in Lowell Park running from the Dock Cafe to the MN Zephyr depot. Trail connections shall also be explored that connect Lowell Park to the Aiple property, Kolliner Park and the Boom Site. Program (11) Implement the trails and pathways corridors plan. Program (12) Consider improving trail systems around the city's lakes including completion of the trail around McKusick Lake and Long Lake, as well as between the lakes. Stillwater Riverfront Objectives Preserve, enhance and restore the riverfront based on its natural setting, recreational uses and historic integrity for the enjoyment of residents and visitors. Design parking to serve both the Downtown and Lowell Park. Screen views of parking from within Lowell park and improve the visual impact of parking in the Downtown area. Consider providing public docking along lower levee for short term usage. Provide setting, location, and design for special Downtown festivals and events. Integrate elements of the Preferred Alternative D with the Army Corps Stage 3 Levee by providing permanent 50 year flood protection that is designed into the Downtown circulation and open space system. Improve the connections between Old Town Neighborhoods, Downtown, and the Riverfront through improved visual access, trails, streetscape treatments, and open spaces. Policies & Programs Policy 19: The city should work together with other agencies to develop a trail system to connect the Aiple property to downtown Stillwater and Kolliner Park. Policy 20: Explore the feasibility of acquiring the land north of downtown along the St. Croix River for park purposes. Policy 21: The city -owned Aiple property and Kolliner Park shall be preserved for its natural setting and passive recreational opportunities. Sub - committee recommendations January 15, 2008 Page 5 of 6 Policy 22: Balance the functional design of the levee with aesthetics considerations and connections to river. Program (13) Prepare integrated and detailed park plans for the Downtown riverfront properties based on the concept plans developed as part of the Lowell Park Plan (1992),the Aiple Property /Kolliner Park Master Plan (1998), the North Main Street/Lowell Park Plan Update (2004), and the Stage 3 Levee Plan. Program (14) Maintain the Stillwater /Houlton Bridge as an important connection for the park system and to the heritage of the area. Program (15) Explore developing plans for additional points of public access to the river. Program (16) Upgrade Mulberry point to the passive recreational and pedestrian character defined by the Morrell and Nichols Lowell Park Plan. Program (17) Develop Mulberry Street into a more formal "processional" boulevard linking the Riverfront and Main Street. Program (18) Expand Lowell Park area if possible toward Water Street. Program (19) Provide pedestrian amenities such as landscaping, visitor center, restrooms, trails and sidewalks, and interpretive sites of the Downtown and River. Program (20) Consider incorporating performing and visual art within Downtown Stillwater. Program (21) Improve existing stairway connections to adjacent residential neighborhoods with landscaping, lighting, and a wayfinding system. Program (22) Incorporate more viewing areas with benches — particularly looking north from the south bluff. Sub - committee recommendations January 15, 2008 Page 6 of 6 2008 Comprehensive Plan Update Refinement of Goals and Policies i Recommendations related to Parks, Trails, and Riverfront Goal Refinement Sub - Committees LE6IS(,,4?'tvc v trz S/o The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan as well as area plans officially adopted by the Council since then. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan and the Downtown Plan goal refinement sub - committees have reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible where ever applicable. The number of resulting items is Tess than what was included in the 1995 Comprehensive Plan. Parks, Trails & Riverfront Goals Goal 1: Provide a variety of passive and active parks and other leisure, recreational and cultural opportunities that are conveniently located, accessible, affordable, safe, physically attractive and uncrowded for all Stillwater residents. Goal 2: Enhance and expand existing recreational facilities for Stillwater residents based on the recreational needs of the community and its neighborhoods. Goal 3: Provide Goal 53: _Work to develop an area -wide interconnected recreation and facilities plan with other local governments, the school district and Washington County_ Goal 4: _Reinforce the riverfront as the focus of the downtown Stillwater open space system and as a significant regional cultural and historical amenity. Park Standards Objectives Sub - committee recommendations January 15, 2008 Page,1 of,8 1995 Comp Plan 2008 updated plan Goals 5 4 Policies 28 22 Programs 33 22 Parks, Trails & Riverfront Goals Goal 1: Provide a variety of passive and active parks and other leisure, recreational and cultural opportunities that are conveniently located, accessible, affordable, safe, physically attractive and uncrowded for all Stillwater residents. Goal 2: Enhance and expand existing recreational facilities for Stillwater residents based on the recreational needs of the community and its neighborhoods. Goal 3: Provide Goal 53: _Work to develop an area -wide interconnected recreation and facilities plan with other local governments, the school district and Washington County_ Goal 4: _Reinforce the riverfront as the focus of the downtown Stillwater open space system and as a significant regional cultural and historical amenity. Park Standards Objectives Sub - committee recommendations January 15, 2008 Page,1 of,8 Bring the amount of Stillwater's park land into compliance with the city's adopted minimum standards: {community park land at a city -wide total of 3 acres per 1,000 population and neighborhood park land at a city -wide total of 7 acres per 1,000 population); park facilities within one- quarter mile or less of residents no major physical barriers within that one - quarter mile distance. Provide a balance of active and passive recreation opportunities, including facilities to serve the varied interests of the population. Designate adequate park sites for the future development of the city. Upgrade existing parks. Provide for an annual evaluation, maintenance and replacement of recreational facilities. Policies & Programs Policy 1:_ The city shall require all new development to dedicate land or pay a park fee according to the park dedication policy. Policy 2: The city shall obtain and develop new public neighborhood parks at a rate consistent with new residential development and in keeping with the city's basic guidelines for park development. Policy 3: The city shall develop public community parks consistent with growth of the city's population and in keeping with the City's basic guidelines for park development. s ca -ba iers Policy 45: The city will provide recreation activity sites to respond to the active and passive needs of a diverse population. Policy 55:_ The development of private sector recreation facilities in the appropriate locations shall be encouraged. In addition to public.park improvements required of developers, the city shall promote private open space and recreation facilities in large -scale residential developments. P el+ey 7: Joint local government deveie munity recreation facilities shall be encourage-el, S•ee •eee e.•• • and- aseomr-rodate- neighberfieod -park locations. Program (12) The city shall study and pursue various means of funding the acquisition, operation and maintenance of park, open space trail, and recreation facilities. Sub - committee recommendations January 15, 2008 Page.2 of;8 Program (25)Acquire and develop land west-of-Lb -i=ak the city area for community park purposes. A in the western part of faeiiit+es Program (3) Investigate the need, potential site and feasibility for a dog park. Efficient Use of Facilities Objectives Maximize opportunities for the joint use of public land and facilities such as schools, detention ponds and area under the jurisdiction of other public agencies that have land available for possible recreation purposes. Maximize the extended use of existing public facilities for year -round and evening use. The city will benefit by ildentifying recreation areas that are owned by school district or other public entities and seek permission to use those lands for recreation programs or facilities. Policies & Programs 1 Policy 6Q: The city sftaii will work with the school districts in identifying and evaluating the potential for park acquisition of school sites which might become surplus school lands. additional--park land. A- priority- -fer the reuse of surplus school sites and existing athletic fields should-be for park or recreation purpose& Policy 7: Joint development of community recreation facilities together with local schools and surrounding governments shall be encouraged. Program (47) Consider cooperative efforts with the school district, athletic organizations, public utilities and -the city and other public agencies in order to acquire and /or develop parklands, retain open space areas and recreation facilities and provide programs. Program (58) ! - : :. .' _: - ,rtblie :. - . Periodically update and distribute the list of available public park facilities this list to community groups. Program ( -9) W: Washington 8eho©l- Qei district-te- establish - the -joint of -fand -for- -park purposes at Sub - committee recommendations January 15, 2008 Page of ,8 Program (63/4) Develop and implement a program for year- around use of some recreation facilities. Program (711) Explore methods to implement the URTPA park and trail system and integrate it with . • • e e • -s.• the systems of surrounding local governments. Park Location and Design Objectives Locate new neighborhood parks in areas not necessarily adjacent to schools in order to better distribute urban open space and to enhance neighborhood identity. This is especially applicable in the South Hill and Oak Glen planning areas, where there are insufficient neighborhood park facilities. Design park and recreation facilities to serve the recreation and social needs of residents of all ages, economic situations and physical abilities. functions. Establish a volunteerprogram to help maintain and enhance neighborhood parks. Add landscaping sculptures and seating Vary the landscaping improvements and construction materials used in different parks to help establish park and neighborhood identity. Policies anti& Programs Policy 810:_ Residential developments adjacent to parks or open spaces should be encouraged to provide direct access to and common open space contiguous with such areas. Policy 9 -14:_ In considering the location and redevelopment of parks, the city shall select give thought to sites based on maximum geographic and handicapped accessibility, proper topography and visibility (for the safety of park users). Policy 1014:_ In the design and maintenance of parks, consideration should be given to minimize the impacts on the environmentwildlife. In particular-74-41941d- be recognized that • e• • _ ••• rr}ateria er -ent- parks-- to -hetp- establish park and neighborhood - identity, Sub - committee recommendations January 15, 2008 Page fl of,8 Program (1 recreation facilities. t'regra - -(14)- lase -subd ien- gt cations and the - ve4epment- review- process to locate parks ef- parks -: Program (8 -) Continue Establish a regular patrol of parks to provide for the safety of park users. Program (94-6) Design, install and maintain standardized park signage for all city parkland and Program (1017) Develop and implement neighborhood park plans based on the following priority list developed by the Park and Recreation Board. These plans will reflect the neighborhood input into the planning process. Trails and Pathways Objectives Construct a city -wide trail /bikeway system that connects major activity centers, schools, downtown, scenic open space areas and lakes and other adjacent community systems Des ig Preserve and provide views of natural resources by aligning trails appropriately.visual access Provide alternative means to reach city parks, county parks, regional parks, state parks and other community destinations Preserve and enhance public -owned ravines. Policies & Programs Policy 1111: _Bikeways, hiking trails, equestrian trials, rest areas and picnicking accommodations should be provided within designated trail corridors, wherever feasible. In addition the trails connecting neighborhoods into downtown should be identified. Policy 1211:_ Bikeways, hiking trails, equestrian trials, -rest areas and picnicking accommodations should be provided within designated trail corridors, wherever feasible. In addition the trails connecting neighborhoods into downtown should be identified with emphasis Sub - committee recommendations January 15, 2008 Page,5 of,8 on the existing stair cases and the creation of new stair cases. A linear trail shall should be developed in Lowell Park running from the Dock Cafe to the MN Zephyr depot. Trail connections should also be explored that connect Lowell Park to the Aiple property, Kolliner Park and the Boom Site, Policy 135:_ The city should control land development along designated trails and pathway corridors in order to provide sufficient right of way and to ensure that adjacent new development does not detract from the scenic and aesthetic qualities of the corridor. Policy 145:_ When new development occurs adjacent to a designated trail and pathway corridor, the city should require the development to install and maintain the trails. Policy 157: The design, construction and management of trails and pathways should be carefully planned and executed in order to minimize environmental disturbance. Policy 165:_ Public improvements such as roads that are to be located within designated-- trails and pathways corridors should be designed to provide safe and secure, routes for trails, including grade separation whenever feasible. Policy 19: The city should promote ceoperaive interagency planning of pathways, bikeways and equestrian trails. Policy 1725:_ Encourage the incorporation of trails and pathways into corridors used for public and utility purposes. Policy 184: Bikeways, hiking trails, equestrian trials, rest areas and picnicking accommodations should be provided within designated trail corridors, wherever feasible. In addition the trails connecting neighborhoods into downtown should be identified with emphasis on the existing stair cases and the creation of new stair cases. A linear trail shall should be developed in Lowell Park running from the Dock Cafe to the MN Zephyr depot. Trail connections shall also be explored that connect Lowell Park to the Aiple property, Kolliner Park and the Boom Site, Program (1124) Implement the trails and pathways corridors plan. Program (12) Consider improving trail systems around the city's lakes including completion of the trail around McKusick Lake and Long Lake as well as between the lakes. Policy 7: Stillwater Riverfront Objectives Preserve, enhance and restore the riverfront based on its natural setting, recreational uses and 1 historic integrity for the enjoyment of Stillwater residents and visitors. Develop a park system along Stillwater's riverfront for the enjoyment of Stillwater residents and visitors. Preserve, enhance and restore Lowell Park and the riverfront based on its natural setting, recreational uses and historic integrity as contained in the adopted Lowell Park Plan. Sub - committee recommendations January 15, 2008 Page6 °f,8 Field Cod Field Cod Preserve the natural environment of the Aiple properties and Kolliner Park while providing recreational opportunities as a part of the city's riverfront park system. Design parking to serve both the Downtown, and the Lowell Park to meet parking Tema tds -anti obligatie s._ Screen views of parking from within the Lowell park and improve the overalivisual impact appearance of parking in the Downtown area. Consider providing short term public docking along lower levee for short term usage. Provide setting, location, and design for special Downtown festivals and events. Integrate elements of the Preferred Alternative D with the Army Corps Stage 3 Levee by providing permanent 50 year flood protection that is designed into the Downtown circulation and open space system. Improve the connections between Old Town Neighborhoods, Downtown, and the Riverfront through improved visual access, trails, streetscape treatments, and open spaces. Policies & Programs The existing Stillwater /Houlton lift bridge will provide vehicular and pedestrian access to Kolliner Park. This is an important connection in the park system and should be saved. Policy 191-:_ The city should work together with other agencies to develop a trail system to connect the Aiple property to downtown Stillwater and Kolliner Park. Policy 2220: Explore the feasibility of acquiring Tthe land north of downtown along the St. Croix River . _ ::- : _i-red for park purposes. Policy 2321:_ The city -owned Aiple property and Kolliner Park shall be preserved for its natural setting and passive recreational opportunities. —park and river open space purposes. Policy 2'122 -: Balance the functional design of the lievee with aesthetics considerations and connections to Rriver. Program (2213) Prepare integrated and detailed park plans for the Downtown riverfront properties based on the concept plans developed as part of the Lowell Park Plan before -they become available for use (1992), -the Aiple Property / Koliiner Park Master Plan (1998), the North Main Street /Lowell Park Plan Update (2004) and the Stage 3 Levee Plan. Program (23) Develop plans for Lowell Park Rrenovateion and expandsion Lowell Park (in phases as financing is available) according to the Lowell Park Plan. Program (145) Maintain the Stillwater /Houlton Bridge as an important connection for the park system and to the heritage of the area. --as e ir}k- Land- pathiwaay- te- c-onnestion- to -Koli er -Park and - other- r-ivr =rway- park - areas. Program (15)_Explore developing plans for additional points of Develop plans for increased public access to the river, including using the platted ends of street as public access points_ Sub - committee recommendations January 15, 2008 Pagel ofA8 Create regular Main Street including- the- pessible -duel Program (2$16)- Upgrade Mulberry point to the passive recreational and pedestrian character defined by the Morrell and Nichols Lowell Park Plan. Policy 1:Consolidate boat launch and vehicles with trailer parking at the existing marina site and eventually north and south of Downtown. Program (217). - Develop Mulberry Street into a more formal "processional" boulevard linking the Riverfront and Main Street. Program (3g-14-Expand Lowell Park area by .76 acres and extend the park if possible toward Water Street. Program (3119).- - Provide pedestrian amenities such as landscaping, visitor center, restrooms, trails and sidewalks, and interpretive sites of the Downtown and River.- Provide an opportunity for a visitor center /restroom /hospitality center for Downtown visitors. Program (320)- Consider incorporating performing and visual art within Downtown Stillwater. Program (3321)— Improve existing stairway connections to adjacent residential neighborhoods with landscaping, lighting, and a wayfinding system. Program (3122)— Incorporate more viewing areas with benches — particularly looking north from the south bluff. Sub - committee recommendations January 15, 2008 Page,8 °f &8 2008 Comprehensive Plan Update Refinement of Goals and Policies Z. Recommendations related to Natural Resources and Open Space, Historic Resources & Public Facilities /Services General Plan Goal Refinement Sub - Committee The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan goal refinement sub - committee has reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible where ever applicable. The number of resulting items is less than what was included in the 1995 Comprehensive Plan. Natural Resources and Open Spaces Goals Goal 1: Create a natural resource open space system that preserves, protects or restores environmental resources within the City of Stillwater. Goal 2: Use the natural resource open space system to connect open spaces, parks, activity centers and neighborhoods. Goal 3: Protect and enhance the St. Croix River as a natural open space system and recreation resource. Goal 4: Provide opportunities for enjoyment of natural resources within all areas of the community. Objectives, Policies & Programs Preserve key scenic roadways, corridors and features and protect the visual beauty and semirural character of the road sides. Revision date January 18, 2008 Page 1 of 5 1995 Comp Plan 2008 updated plan Goals 16 14 Policies 25 18 Programs 20 11 Natural Resources and Open Spaces Goals Goal 1: Create a natural resource open space system that preserves, protects or restores environmental resources within the City of Stillwater. Goal 2: Use the natural resource open space system to connect open spaces, parks, activity centers and neighborhoods. Goal 3: Protect and enhance the St. Croix River as a natural open space system and recreation resource. Goal 4: Provide opportunities for enjoyment of natural resources within all areas of the community. Objectives, Policies & Programs Preserve key scenic roadways, corridors and features and protect the visual beauty and semirural character of the road sides. Revision date January 18, 2008 Page 1 of 5 Preserve, protect and /or restore natural features including: ravine areas, shorelands and blufflands, trees stands and individual heirloom trees, slopes, wetlands and wildlife habitat areas. Encourage natural drainage systems to maintain the natural character of ravines and waterways. Maintain buffering and visual separation between developed areas adjacent semirural areas. Policy 1: The city shall allow limited controlled public access to sensitive habitats areas or areas that could be impacted by public access. Policy 2: The city shall identify and protect neighborhood open space sites of aesthetic, recreational or natural resources value in preparing neighborhood plans. Policy 3: Require special landscaping of all scenic routes. Policy 4: Coordinate scenic route improvements with roadway improvements. Policy 5: Encourage Grant and Stillwater Townships to use the rural cluster concept in areas adjacent the City of Stillwater to maintain open space and retain rural character. Program (1) Maintain inventory of all ravines and remnant lands in the existing city and develop a policy regarding ravine management that balances ravine usage amongst natural resource protection, public utility and open space /recreation opportunities. Program (2) Review ownership of ravines and remnant land and obtain control over such lands through fee ownership, open space easement, utility easement or resource protection regulations. Program (3) Develop environmental education programs in natural areas to study plant and animal communities. Program (4) Identify key scenic roadways and corridors. Program (5) Make sure open space resources areas including sensitive natural resource areas are identified and incorporated into development design. Revision date January 18, 2008 Page 2 of 5 Historic Resources Goals Goal 1: Safeguard the heritage of the city by preserving historic properties which reflect Stillwater's cultural, social, economic, political, visual, aesthetic or architectural history. Goal 2: Protect and enhance the city's appeal and attraction to residents, visitors and tourists, using historic properties as a support and stimulus to business and industry. Goal 3: Enhance the visual and aesthetic character, diversity and interest of Stillwater. Goal 4: Foster civic pride in the beauty and notable accomplishments of the past. Goal 5: Promote the preservation and continued use of historic properties for the education and general welfare of the people of Stillwater. Objectives Preserve the Downtown Stillwater Commercial Historic District and adjacent historic properties through the design review process and other means as become available. Preserve and protect residential historic properties, including buildings, sites structures and districts. Encourage compatible remodeling associated with historic buildings including homes. Encourage restoration and reuse of historic buildings including homes. Preserve locally designated historic structures and protect governmental and public buildings throughout the city. Conduct reconnaissance and intensive historic preservation surveys to identify significant historic properties in all historic preservation planning areas (HPPAs). Determine which historic properties identified by historic preservation surveys are eligible for National Register of Historic places or local designation. Preserve locally designated historic properties and those listed individually on the National Register of Historic Places. Preserve the Stillwater /Houlton Interstate Bridge. Consider developing preservation and restoration regulations. Revision date January 18, 2008 Page 3 of 5 Policies & Programs Policy 1: Continue conducting historic preservation surveys based on the historic contexts to identify and evaluate the significance of all historic properties within the city limits. Policy 2: The city will continue to review site alteration permits for the downtown commercial historic district, the downtown plan area and such other locally designated districts and properties in order to assure the preservation and restoration of historic properties. Policy 3: The city and citizen advisory groups will coordinate local efforts lo preserve and protect cultural, natural and historic resources in the community. Policy 4: The Heritage Preservation Commission will continue to work to educate the community at large on the cultural values and economic benefits of historic preservation. Policy 5: The city will develop new standards for public improvement projects (i.e., streets, sidewalks, lights, utilities) which will be sensitive to historic neighborhoods. Policy 6: The plan for preserving Stiliwater's historic resources will be developed in accordance with the Secretary of the Interior's Standards for Preservation Planning. Program (1): Incorporate into decisions the designated historic contexts as the official overview of the history and development in the City of Stillwater. Program (2) Historic preservation planning areas shall be developed as defined for the purposes of conducting historic preservation surveys (reconnaissance, followed by intensive identification and evaluation activities) of Stillwater neighborhoods, as outlined by the HPPA as follows: 2010: North Hill HPPA 2011: South Hill HPPA 2012 and beyond: Forest Hills, Lily Lake, Sunny Slope, Fairmeadows, Forest Hills, Croixwood, Oak Glen and Deerpath HPPAs. Program (3) The city shall locally designate those properties worthy of historic preservation. Program (4) The city shall develop a building renovation grant or loan program to assist in the rehabilitation and restoration of historic properties. Revision date January 18, 2008 Page 4 of 5 Public Facilities and Services Goals Goal 1. Efficiently provide quality city utility services at a reasonable cost. Goal 2. Make sure there is adequate supply or capacity of service to accommodate future development. Goal 3. Develop water resource conservation measures to preserve the Jordan aquifer as the city's only long -term source of water. Goal 4: Provide new facilities that meet the needs of Stillwater residents first. Allow other units of government; school district, Washington County or joint powers groups to serve broader area -wide populations. Goal 5: Provide fire and police department facilities to adequately respond to needs within entire service area.. Policies & Programs Policy 1: Routinely review city -wide needs for city facility maintenance and new construction improvement and program those improvements in a capital improvements program. Policy 2: Coordinate public facility improvements with preparation of neighborhood plans, i.e., special streetscapes, neighborhood parks, sidewalk or trail improvements. Policy 3: Provide water and sewer services to areas only as urbanization occurs. Policy 4: Coordinate the provision of urban services: water, sewer, storm sewer policy, police and fire protection with adjacent local governments to provide more efficient services and save costs. Policy 5: Plan for the phased expansion of public services and facilities consistent with the growth and expansion of the Orderly Annexation Area. Policy 6: Work with school district to plan for future school facilities while maximizing the use of existing facilities. Policy 7: Coordinate orderly annexation and extension of municipal urban services with comprehensive plan proposed land use. Program (1) Continue to administer pavement and sidewalk management programs for the existing city. Program (2) Implement a conservation and emergency management plan for City of Stillwater. Revision date January 18, 2008 Page 5 of 5 2008 Comprehensive Plan Update Refinement of Goals and Policies 2_ Recommendations related to Natural Resources and Open Space, Historic Resources & Public Facilities /Services General Plan Goal Refinement Sub - Committee Le6/s(.41—iv& Vas /o,V The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan goal refinement sub - committee has reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible where ever applicable. The number of resulting items is less than what was included in the 1995 Comprehensive Plan. Natural Resources and Open Spaces Goals Goal 1: Create a natural resource open space system that preserves, protects or restores environmental resources epe- n- spaces within and outside the City of Stillwater. Goal 2: Use the natural resource open space system to connect open spaces, parks, activity centers and neighborhoods. Goal 3: Protect and enhance the St. Croix River as a natural open space system and recreation resource. Goal 4: Provide opportunities for enjoyment of natural resources within all areas of the community. Objectives, Policies & Programs Create an open space system in Stillwater t-o-- freteet-t at resources -ef ne -are Revision date January 18, 2008 Page 1 of 8 1995 Comp Plan 2008 updated plan Goals 16 14 Policies 25 18 Programs 20 11 Natural Resources and Open Spaces Goals Goal 1: Create a natural resource open space system that preserves, protects or restores environmental resources epe- n- spaces within and outside the City of Stillwater. Goal 2: Use the natural resource open space system to connect open spaces, parks, activity centers and neighborhoods. Goal 3: Protect and enhance the St. Croix River as a natural open space system and recreation resource. Goal 4: Provide opportunities for enjoyment of natural resources within all areas of the community. Objectives, Policies & Programs Create an open space system in Stillwater t-o-- freteet-t at resources -ef ne -are Revision date January 18, 2008 Page 1 of 8 1 Preserve key scenic roadways, corridors and features and protect the visual beauty and semirural character of the road sides. Preserve existing open -space lands o �t�.z Stittwater -b14t wi t of Stillwater. J. .. a- ccrics of trails. habitat areas. Preserve, protect and/or restore natural features including: ravine areas, shorelands and blufflands, trees stands and individual heirloom trees, slopes, wetlands and wildlife habitat areas.te- preventteefesieR, se aticn of strums a natural separation, Encourage natural drainage systems to maintain the natural character of ravines and waterways. Maintain buffering and visual separation between developed areas adjacent semirural areas. ties Policy 1: The city shat open space areas. ks and Policy 1: The city shall allow limited controlled public access to sensitive habitats areas or areas that could be impacted by public access. Policy 2: The city shall identify and protect neighborhood open space sites of aesthetic, recreational or natural resources value in preparing neighborhood plans. Program (3) Develop specific trailways pla trails -and trait e - e " - g St+ltwatef o URTPA Revision date January 18, 2008 Page 2 of 8 Program (4) Develop a pedestrian and bike trail along rues weed-ands, tree stands, views and -site tepegraphy that can be used to guide Protect wetlands a Protect significant woodlands and tree stands. parks. Policy 6: The city shall work with Stillwater Te nship and Washington County to e rban area+ Policy 3: Require special landscaping of all scenic routes through the URTPA. Policy 4: Coordinate scenic route improvements with roadway improvements. Policy 5: Encourage Grant and Stillwater Townships to use the rural cluster concept in areas adjacent the City of Stillwater to maintain open space and retain rural character. Program (1) Maintain Tinventory of all ravines and remnant lands in the existing city and develop a policy regarding s . - . - _ e - e - e - e - . • e ravine management that balances ravine usage amongst natural resource protection, public utility and open space /recreation opportunities. Program (2) Review ownership of ravines and remnant land and obtain control over such lands through fee ownership, open space easement, utility easement or resource protection regulations. Program (3) Develop environmental education programs in natural areas to study plant and animal communities. Program (4) Identify key scenic roadways and corridors. Dreg new evelopment, ar- d- dedication to open space areas. Revision date January 18, 2008 Page 3 of 8 Pr, rafn —(-?)-Develop landscape plans for scenic roads and make improvements as a Program (5) During the preparation-of-specific area - plans for -the URTPA, mMake sure open space resources areas including sensitive natural resource areas are identified and incorporated lntothe development design. eseurces. areas in the URTPA. as r u features. for wooded - Historic Resources Goals Goa! 1: Safeguard the heritage of the city by preserving historic properties which reflect Stillwater's cultural, social, economic, political, visual, aesthetic or architectural history. Goal 2: Protect and enhance the city's appeal and attraction to residents, visitors and tourists, using historic properties as a support and stimulus to business and industry. Goal 3: Enhance the visual and aesthetic character, diversity and interest of Stillwater. Goal 4: Foster civic pride in the beauty and notable accomplishments of the past. Goal 5: Promote the preservation and continued use of historic properties for the education and general welfare of the people of Stillwater. Objectives Preserve the Downtown Stillwater Commercial Historic District and adjacent historic 1 properties through the design review process and such -other means as are become available. Preserve and protect residential historic properties, including buildings, sites structures and districts. Revision date January 18, 2008 Page 4 of 8 Encourage compatible remodeling associated with historic buildings including homes. Encourage restoration and reuse of historic buildings including homes. Preserve locally designated historic structures and protect governmental and public buildings throughout the city. Conduct reconnaissance and intensive historic preservation surveys to identify significant historic properties in all historic preservation planning areas (HPPAs). Determine which historic properties identified by historic preservation surveys are eligible for National Register of Historic places or local designation. Preserve locally designated historic properties and those listed individually on the National Register of Historic Places. Preserve the Stillwater /Houlton Interstate Bridge. Program (2) Design guidelines and pConsider developing preservation and restoration regulations tte's .ee Policies & Programs 1 Policy 1: Continue Cconductinq historic preservation surveys based on the historic contexts to identify and evaluate the significance of all historic properties within the city limits. compatible with the existing buildings. eon4uet4he sirvey in a tamely -rani e Policy 2: The city will continue to review site alteration permits for the downtown commercial historic district, the downtown plan area and such other locally designated districts and properties in order to assure the preservation and restoration of historic properties. P-o y-'l : The city will advocate fo the --pr sofvatian of the -S1 ltwater/#oulton- Interstate 13ri dge. Policy 3: The city and other citizen advisory groups will coordinate local efforts to preserve and protect cultural, natural and historic resources in the community. Revision date January 18, 2008 Page 5 of 8 Policy 4: The Heritage Preservation Commission will continue to work to educate the community at large on the cultural values and economic benefits of historic preservation. Policy 5: The city will develop new standards for public improvement projects (Le., streets, sidewalks, lights, utilities) which will be sensitive to historic neighborhoods. Policy 6: The plan for preserving Stillwater's historic resources will be developed in accordance with the Secretary of the Interior's Standards for Preservation Planning. 1 P rogram 1I: Incorporate into decisions the I designated historic contexts as the official overview of the history and development in the City of Stillwater. Program (2) Historic preservation planning areas shall be developed as defined for the purposes of conducting historic preservation surveys (reconnaissance, followed by intensive identification and evaluation activities) of Stillwater neighborhoods, as outlined by the HPPA as follows: 1995: North Hill Original Town HPPA 1996: South Hill Original Town HPPA 1997: Sabin HPPA 19982010: North Hill HPPA 1999: Greeley HPPA 20002011: South Hill HPPA 2001: Dutchtown HPPA PA 20042012 and beyond: Forest Hills, Lily Lake, Sunny Slope, Fairmeadows, Forest Hills, Croixwood, Oak Glen and Deerpath HPPAs. Program (3) The city shall locally designate those properties worthy of historic preservation. Program (4) The city shall develop a building renovation grant or loan program to assist in the rehabilitation and restoration of historic properties. Revision date January 18, 2008 Page 6 of 8 Program (5) The city shall develop a demolition ordinance that requires review of Public Facilities and Services Goals Goal 1. Efficiently provide quality city utility services at a reasonable cost. Goal 2. Make sure there is adequate supply or capacity of service to accommodate future development. Goal 3. Develop water resource conservation measures to preserve the Jordan aquifer as the city's only Tong -term source of water. Goal 4: Provide new facilities that meet the needs of Stillwater residents first. Allow other units of government; school district, Washington County or joint powers groups to serve broader area -wide populations. Goal 5: Provide Expand-t14e fire and police department facilityies to adequately respond to needs within entire service area. lesatlee. Policies & Programs 1 Policy 1: Routinely Rreview city -wide needs for city facility maintenance and new construction improvement and program those improvements in a capital improvements program. Policy 2: Coordinate public facility improvements with preparation of neighborhood plans, i.e., special streetscapes, neighborhood parks, sidewalk or trail improvements. T Policy 3: De- e- etpProvide water and sewer services to areas only as te- -nen -- urbanizedation occurs - areas. Policy 4: Coordinate the provision of urban services: water, sewer, storm sewer policy, police and fire protection with adjacent local governments to provide more efficient services and save costs. Policy 5: Plan for the phased expansion of public services and facilities consistent 1 with the growth and expansion of the URTPAOrderly Annexation Area. Policy 6: Work with school district to plan for future school facilities while maximizing the use of existing facilities. Revision date January 18, 2008 Page 7 of 8 Policy 7: Coordinate orderly annexation and extension of municipal urban services with comprehensive plan proposed land use. Poticy-9:. Extend- eity -E titi -ty- services --in the- LJRTRA in- ways- that do not oti to -loog- between- natural resource protection, public utility and - open -spase /recreation opportunity. Program (1) Implement Continue to administer pavement and sidewalk management programs for the existing city. Program (2) Implement a conservation and emergency management plan for City of Stillwater. Revision date January 18, 2008 Page 8 of 8 2008 Comprehensive Plan Update Refinement of Goals and Policies 3 Recommendations related to Transportation Goal Refinement Sub - Committees The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan and the Downtown Plan goal refinement sub - committees have reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible where ever applicable. The number of resulting items is less than what was included in the 1995 Comprehensive Plan. Transportation Goals Goal 1. Provide efficient and environmentally sound transportation facilities consisting of roads, bikeways, transit lines and pedestrian paths. Goal 2. Develop a coordinated transportation system that provides for local as well as area -wide traffic. Goal 3. Make it easy and convenient to travel in and around Stillwater, tie allowable new development to the capacity of roadways; limit impact of non - residential traffic in neighborhoods when possible and develop a comprehensive sidewalk, trail and bikeway system. Goal 4. Support construction of the new interstate bridge and TH 36 corridor improvements to provide for regional traffic demands and to relieve cut - through traffic on residential areas. Goal 5. Develop and locate new roads sensitive to historic structures and sites and natural features. Sub - committee recommendations January 25, 2008 Page 1 of 5 1995 Comp Plan 2008 updated plan Goals 7 6 Policies 16 13 Programs 26 18 Transportation Goals Goal 1. Provide efficient and environmentally sound transportation facilities consisting of roads, bikeways, transit lines and pedestrian paths. Goal 2. Develop a coordinated transportation system that provides for local as well as area -wide traffic. Goal 3. Make it easy and convenient to travel in and around Stillwater, tie allowable new development to the capacity of roadways; limit impact of non - residential traffic in neighborhoods when possible and develop a comprehensive sidewalk, trail and bikeway system. Goal 4. Support construction of the new interstate bridge and TH 36 corridor improvements to provide for regional traffic demands and to relieve cut - through traffic on residential areas. Goal 5. Develop and locate new roads sensitive to historic structures and sites and natural features. Sub - committee recommendations January 25, 2008 Page 1 of 5 Goal 6. Provide an integrated system of roads, bikeways, transit lines, and pedestrian paths that supports the viability of Downtown as a desirable place to live, work, and play. The transportation system should minimize the impact of through traffic. Objectives Maintain the carrying capacity of through streets while minimizing the negative impact on adjacent residential areas through landscape treatment and street design. Through road design and traffic management, reduce through traffic impact in residential areas. Work with MnDOT and Washington County to study and improve state highways and county roads where needed. Plan new development areas to coordinate with planning for the roads that provide access to the development sites, i.e., CR 15, CR 12, CR 64, TH 96, TH 36. Enhance the function, safety and appearance of Stillwater's streets, highways and major entryways into the City. Utilize pervious and other green technologies for stormwater treatment associated with parking lot and street improvements where possible and economically feasible. Use topography and other site planning methods to minimize the visual presence of parking Tots. Maintain existing public stairways throughout the community, particularly in the downtown. Study the use of the railroad line right of way for potential use as a walkway and /or bikeway connecting downtown to the city areas to the west. Explore alternative transportation and transit opportunities for Downtown Stillwater. Policies & Programs Policy 1: Create a unified, continuous system of arterials and collectors. Policy 2: Designate segments of local residential streets so that all traffic flows onto collectors or arterials. Policy3: Work with other governmental agencies on a new TH 36 bridge, TH 36 /CR 15 improvements and the planning and construction of a Frontage Road between CR 15 and CR 5. Policy 4: Improve traffic and parking in and around commercial areas. Sub - committee recommendations January 25, 2008 Page 2 of 5 Policy 5: The city will continue to enforce traffic laws for safety in residential areas. Policy 6: Ensure that planned transportation infrastructure, capacity and access will accommodate proposed land use and development. [new from visioning sessions] Policy 7: Continue to support the new river crossing bridge and related highway 36 improvements Policy 8: Work with MnDOT, County, local government agencies and local businesses /employers to address transportation management methods to relieve bridge traffic congestion concerns. Program (1) Develop an area -wide coordinated road improvement program with MnDOT and Washington County Program (2) Prepare corridor /traffic studies with Washington County for the following Minor Arterials: Greeley /Owens and Third /Fourth Street. Program (3) Extend Neal Avenue from Boutwell to County Road 12 and intersect County Road 12 at an appropriate location. Design any intersection at County Road 12 to encourage through traffic to use Minor Arterial streets rather than collector or local streets. Program (4) Provide a collector parkway connection from County Road 12 to Olive Street. Continue to explore the Brick Street option for this collector parkway. Program (5) A comprehensive streetscape plan for planting and improvements shall be developed for major streets. This would have aesthetic and traffic calming benefits. Program (6) A comprehensive gateway and wayfinding signage plan shall be developed. This will include signage along TH36 that directs visitors to downtown Stillwater via TH36/95 rather than through residential neighborhoods. Program (7) Keep up to date the parking plan and parking management program for the downtown. Program (8) Improve the Second and Olive Street lot as a convenient, attractive public parking lot. Program (9) Provide bicycle parking locations and attractive racks at key locations including parks, downtown and commercial center. Program (10) Work with State, regional and other partners on a transit plan. Program (11) Consider developing a parking plan to improve the usage of underutilized public /private parking in Downtown Stillwater. Sub - committee recommendations January 25, 2008 Page 3 of 5 TRANSIT Objectives Develop pedestrian pathway and bikeway plan to provide for recreational and commuter trips. Work with Washington County and the state in developing park and ride Tots, trailway systems and other programs to reduce auto use. Increase transit ridership and support transit service for transit dependent residents, particularly senior citizens, provide adequate transit facilities (bus stops, transfer station) to support transit use, and cooperate with the regional transit authority and Washington County to provide conveniently located park and ride facilities at major transit stops. Policies & Programs Policy 9: Promote safe travel for pedestrian and especially school aged children going to and from school. Policy 10: Encourage transit use through subdivision design, land use planning and education. Policy 11: Use Travel Demand Management strategies to make most efficient use of existing road systems and minimize impact on adjacent areas. Policy 12: Plan and construct a city -wide bikeway system throughout the city to connect major activity centers and scenic open space area. Policy 13: New and upgraded bridges, crossings and overpasses and TH 36 Frontage Road shall include bicycle lanes where feasible. Program (12) Develop and implement a bikeway system facilities plan and implementation program. Program (13) Amend subdivision ordinance to require bicycle facilities according to bikeways facility plans. Program (14) Develop and promote traffic safety and education programs. Program (15) Continue implementing the sidewalk/pathways maintenance and improvement program. Program (16) Develop a plan for sidewalk and trail snow removal. Sub - committee recommendations January 25, 2008 Page 4 of 5 Program (17) improve appearance of bus stops and better integrate into neighborhood or area design. Program (18) Encourage MnDOT to provide continuous bicycle paths along the Frontage Road from CR 15 to TH 95 and along 95 from Oak Park Heights to TH 95 through downtown. Sub - committee recommendations January 25, 2008 Page 5 of 5 2008 Comprehensive Plan Update Refinement of Goals and Policies 3 Recommendations related to Transportation Goal Refinement Sub - Committees 1-E6IsLATVE 11 gesioN The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan and the Downtown Plan goal refinement sub - committees have reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible where ever applicable. The number of resulting items is less than what was included in the 1995 Comprehensive Plan. Transportation Goals 1 Goal 31. Provide efficient and environmentally sound transportation facilities consisting of roads, bikeways, transit lines and pedestrian paths. Goal 2. Develop a coordinated transportation system that provides for local as well as area -wide traffic. Goal 43. Make it easy and convenient to travel in and around Stillwater, tie allowable new development to the capacity of roadways; c - - e -limit impact of non- residential traffic in neighborhoods when possible and develop a comprehensive sidewalk, trail and bikeway system. Goal 4. Support construction of the new interstate bridge and TH 36 corridor improvements to provide for regional traffic demands and to relieve cut - through traffic on residential areas. Goal 5. Develop and locate new roads sensitive to historic structures and sites and natural features. Sub - committee recommendations January 25, 2008 Page 1 of 6 1995 Comp Plan 2008 updated plan Goals 7 6 Policies 16 13 Programs 26 18 Transportation Goals 1 Goal 31. Provide efficient and environmentally sound transportation facilities consisting of roads, bikeways, transit lines and pedestrian paths. Goal 2. Develop a coordinated transportation system that provides for local as well as area -wide traffic. Goal 43. Make it easy and convenient to travel in and around Stillwater, tie allowable new development to the capacity of roadways; c - - e -limit impact of non- residential traffic in neighborhoods when possible and develop a comprehensive sidewalk, trail and bikeway system. Goal 4. Support construction of the new interstate bridge and TH 36 corridor improvements to provide for regional traffic demands and to relieve cut - through traffic on residential areas. Goal 5. Develop and locate new roads sensitive to historic structures and sites and natural features. Sub - committee recommendations January 25, 2008 Page 1 of 6 Goal-- €-- Prcitest- es- idea tiai -- areas - from - msid- cabal- traffic Goal 6.Provi d ; an ,,,grated „system of roads, bikeways transit lines. and pedestrian pate that sup Arts the iat ility of Downtown as a desirable place to live, work, anIplay. The transportation system should minimize the impact of through traffic in the mid term and anticipate he-eppertunities associated with reduced traffic- vol- umes - -in -Dower resulting franc -he fong -term potential of -the- Objectives Maintain the carrying capacity of through streets while minimizing the negative impact on adjacent residential areas through landscape treatment and street design. Pine �trcets irrf use the areas te-eo ee+ mcrciat and Through road design and traffic management, limitreduce through traffic impact in residential areas. Work with MnDOT and Washington County to study and improve state highways and county roads where needed. Plan new development areas to coordinate with planning for the roads that provide access to the development sites, i.e., CR 15, CR 12, CR 64, TH 96, TH 36. Enhance the function. safety and appearance of Stillwater's streets, highways and major entryways into the City, Utilize pervious and other green technologies for stormwater treatment associated with parking lot and street improvements where possible and economically feasible, Use topography and other site planning methods to minimize the visual presence of parking lots. Maintain existing public stairways throughout the community, particularly in the downtown. Study the use of the railroad line right of way for potential use as a walkway and /or bikeway connecting downtown to the city areas to the west. Explore alternative transportation and transit opportunities for Downtown Stillwater. Policies & Programs Policy 1: Create a unified, continuous system of arterials and collectors. Sub - committee recommendations January 25, 2008 Page 2 of 6 Policy 2: Designate Ssegments of local residential streets so that all traffic flows onto collectors or arterials. Relicy---Support-new-TH-36-bridge--and--Feiotod TH-36-improvemefils Policy-43: Work with Washington County and MnDOTother governmental agencies on a new TH 36 bridge, TH 36/CR 15 improvements and the planning and construction of a Frontage Road between CR 15 and CR 5. Policy 5-:-Got3sider 474464-fiGation-s to row througl4-traffio. Policy 64: Improve traffic and parking in and around commercial areas. Policy -75: The city etleilwill continue to eurage enforce traffic laws for safety in residential areas. Policy 8: The-e dive4e44113-173-F&Sidential--streets- crials. Policy 6: Ensure that planned transportation infrastructure, capacity and access will accommodate proposed land use and development. 'new from visioning sessions' Policy 37: CoTqiintje tc? sSupport the new TH 36 river crossin2 bridge and related 4=H-highway 36 improvements Policy g8: Work i'D.t1.7)1:, County, local_aovernment ag_encies and local businesses/employers to -address transportation man,26ement methods to relieve bidqc traffic concLesfion COncerns, Program (1) Develop an area-wide coordinated road improvement program with MnDOT and Washington County Program (2) Prepare corridor/traffic studies with Washin ton Count or the folio win Minor Arterials.- a Greeley/Owens corridor study and Third/Fourth Street-traffis-s-tudy with WoshingtoR-Gounty. Progra • Progr-am (4) Prepare. and keep up -to-date a parking-plan-and-parking- m,anagement program-for -t40 OOWntOWn Program-(4)--Irnprove-the-Second-Streeti-Mulbeny-Street-parking-lot and g&C-Onei-arld Olive—Streets lot as convenient, attractive-public parking lotsv Sub-committee recommendations January 25, 2008 Page 3 of 6 Program (3) Extend Neal Avenue from Boutwell to County Road 12 and intersect County Road 12 at an appropriate location. Design any intersection at County Road 12 to encourage through traffic to use Minor Arterial streets rather than collector or local streets. Program (4) Provide a collector parkway connection from County Road 12 to Olive Street. Contnue to explore the Brick Street option for this collector parkway. Program (5) A comprehensive streetscape plan for planting and improvements shall be developed for maLor streets. mis would have aesthetic and traffic calminq benefits. Progmm(8)A comprehensive gateway and wayfindinqnigoaqe plan shall ba developed. This will include oiqnaqo along TH36 that directs visitors to downtown Stillwater via TH36/95 rather than through residential neighborhoods. Program Prepare 4Keopuptn date a-tIe arking plan and parking management program for the downtown. Program (68) Improve the Second Street Mulberry Street parking ot and Second and Olive Streets lot as aconvenient, attractive puh|iopaMhing|ote. Program ('t09) Provide bicycle parking Iocations and attractive racks at key Iocations including parks, downtown and commercial center. Program (1-2U0) ` Work with State, regional and other partners on a transit plan. Program (.1311)...Consider developing a parking plan to improve the usage of underutilized public!private_Liarkiu in Downtown Stillwater. TRANSIT Objectives Develop pedestrian pathway and bikeway plan to provide for recreational and commuter trips. AeVi-EiC Maintain existing ~~= ~~^~ ~ ~=~ -~ = �~.'. Work with Washington County and the state in developing park and ride lots, trailway systems and other programs to reduce auto use. Sub-committee recommendations January 25, 2008 Page 4 of 6 Formatted: Font: (Default) Arial, I Not Highlight other-areas •ees ~~" e ~~ e~ =s ^e. _�'~~ `~ ~^� m^_° .4'= - w *~.- _~ ° Increase transit ridership and support transit service for transit dependent residents, particularly senior citizens, provide adequate transit facilities (bus stops, transfer station) to support transit use, and cooperate with the regional transit authority and Washington County to provide conveniently located park and ride facilities at major transit stops. Policies & Programs Policy 9: safe travel for pedestrian and especially school aged children going to and from school. Policy 10: Encourage transit use through subdivision design, land use planning and Policy 11: Use -T-D-M7ravel Demand Management strateqies to make most efficient use of existing road systems and minimize impact on adjacent areas. Policy 12: Plan and construc a city-wide bikeway system throughout (he city to connect major activity centers and scenic open space area. Policy 13: New and upgraded bridges, crossings and overpasses and TH 36 Frontage Road shall include bicycle lanes where feasthle. Program (12) Develop and imptement a bikeway system facilities plan and implementation program. Ppog/an48-)-Expoo othermajer-deetthations and connect them 0oaouhother-and Program (913) Amend subdivision ordinance to require bicycle facilities according to bikeways facility plans. -Program (10)Prov Sub-committee recommendations January 25, 2008 Page 5 of 6 Program (42-14) Develop and promote traffic safety and education programs. Program (1415) Continue Develop and impIementnq the- sidewak!pathways maintenance and improvement progne a/-as. Pro a n 16 Dave|ove.an for sidewaik and trail snow removal. Program (4-517) improve appearance of bus stops and better integrate into neighborhood or area design. Program (4-618) Encourage MnDOT to provide continuous bicycle paths along the Froritage Road from CR 15 to TH 95 and along 95 from Oak Park Heights to TH 95 through downtown. Sub-committee recommendations January 25, 2008 Page 6 of 6 2008 Comprehensive Plan Update Refinement of Goals and Policies 4 Recommendations related to Housing & Local Economy Goal Refinement Sub - Committees The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan and the Downtown Plan goal refinement sub - committees have reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible wherever applicable. The number of resulting items is the same at was included in the 1995 Comprehensive Plan. Housing Goals Goal 1. Provide a quality living environment for the residents of Stillwater by maintaining and improving the city's existing housing stock and by planning for a range of new housing opportunities. Goal 2. Provide a balanced choice of housing types and densities suitable to a wide range of demographic groups, with a focus on the needs of the young, locally employed and elderly through zoning and land use planning. Goal 3. Use the land use map to designate residential sites appropriately located for a range of housing densities. Objectives Residential Character /Housing Conditions Adopt housing /historic preservation regulations and performance standards to maintain the city's existing housing stock. Revision date January 30, 2008 Page 1 of 6 1995 Comp Plan 2008 updated plan Goals 7 7 Policies 18 18 Programs 18 18 Housing Goals Goal 1. Provide a quality living environment for the residents of Stillwater by maintaining and improving the city's existing housing stock and by planning for a range of new housing opportunities. Goal 2. Provide a balanced choice of housing types and densities suitable to a wide range of demographic groups, with a focus on the needs of the young, locally employed and elderly through zoning and land use planning. Goal 3. Use the land use map to designate residential sites appropriately located for a range of housing densities. Objectives Residential Character /Housing Conditions Adopt housing /historic preservation regulations and performance standards to maintain the city's existing housing stock. Revision date January 30, 2008 Page 1 of 6 Enhance the livability of residential areas through development controls and the provisions of public facilities and services to meet the needs of the neighborhood. Maintain the mix of housing types and tenure in Stillwater's older residential areas. Continue to assist the Washington County HRA in the administration of the housing rehabilitation program to maintain the existing older housing stock, maintain neighborhood character and the diversity and supply of moderate cost housing. Retain the unique and /or historic character of existing residential areas. Explore development concepts such as higher density infill, mixed use developments and cluster housing to maintain open space character and provide a mix of housing types. Preserve Stillwater's desirable small town character by planning residential development and the establishment of neighborhood character in new areas. Designate multifamily housing sites in areas with residential services including the Downtown area. Special Housing Needs Support the provision of a supply of affordable housing for the elderly, physically and mentally handicapped and others with special housing needs who wish to live in Stillwater. Develop housing for a range of household income and age levels where local services are available. Work with the Washington County HRA to provide affordable housing for the elderly and families. Encourage market rate rental apartments as an element of mixed use projects in the Downtown area. Locate multifamily and attached housing close to community services and public parks. Encourage housing Downtown and within walking distance of Downtown to provide a critical mass of residents to support a mix of community and destination commercial. New Residential Development Design local streets, in area plans and through subdivision design, to provide for neighborhood access and limit through traffic. Revision date January 30, 2008 Page 2 of 6 Provide for neighborhood convenience store locations within walking distance of residential areas without negatively impacting those residential areas. Designate residential densities and housing types sensitive to natural resources and land conditions. Use the planned unit development process for reviewing innovative development concepts and protecting natural resource areas. Provide single family, large lot and small lot and attached housing in the annexation area. Policies and Programs Policy 1: Review affordable housing needs and develop a method of better matching needs to supply. Policy 2: Maintain the city housing stock in good condition. Policy 3: Support efforts of Washington County Housing and Redevelopment Agency in providing assisted housing at appropriate locations. Policy 4: Attempt to disburse assisted housing throughout the community. Policy 5: Locate assisted housing near transit lines and public parks. Policy 6: Participate in Minnesota Housing Finance Agency programs that provide housing assistance. Policy 7: The city shall seek cooperation from local lending institution for financing improvements to older structures. Policy 8. The city shall participate in available housing rehabilitation programs. Policy 9: The city shall endeavor through the development design review process to maintain and enhance Stillwater's community character and housing quality. This shall apply to new and rehabilitated housing. Program (1) Develop neighborhood housing rehabilitation programs to maintain the supply of affordable housing in good condition. Program (2) Explore using TIF and other funds to provide housing rehabilitation grants to very low and low income senior owner occupied housing needing rehabilitation assistance. Revision date January 30, 2008 Page 3 of 6 Program (3) Consider establishing a housing presale code inspection program. Program (4) Consider establishing a low interest loan housing rehabilitation program for very low and low income homeowners. Program (5) Work with local lenders, Washington County HRA, MNHFA and other housing agencies to provide a comprehensive housing assistance strategy for households needing assistance. Program (6) Attempt to meet regional lifecycle housing goals for the City of Stillwater. Local Economy Goals Goal 1: Increase the tax base and provide opportunities for economic growth for Stillwater and Stillwater area residents. Goal 2: Promote and maintain the downtown as a central focus for community economic and cultural activity. Goal 3: Promote tourism consistent with retaining Stillwater's unique natural resources and historic and architectural character. Goal 4: Provide new locations for job growth in close proximity to housing and with convenient access. Economic Development Sites Objectives Support business expansion in the downtown commercial district and West Stillwater Business Park area. Provide local incentives to encourage clean light office type industrial development. Actively promote the creation of the R & D office park at the appropriate time along TH 36 east of CR 15. Cooperate with regional and local economic development organizations to promote the local economy. Revision date January 30, 2008 Page 4 of 6 Policies and Programs Policy 1: Designate land for commercial and industrial uses properly located with adequate support services to accommodate future forecast and anticipated economic development. Policy 2: Protect the city's industrial land base for industrial development. Policy 3: Assist local industries prosper and grow in the community consistent with the city's needs. Policy 4: Work with local and regional economic development interests to promote local economic development. Program (1) Designate the Bergman farm area for research and development office industrial park as a part of the proposed land use plan. Program (2) Promote downtown as a location for businesses with a proven track record. Program (3) Work with The Stillwater Area Chamber of Commerce to promote local industries. Program (4) Encourage small locally owned business particularly in the downtown. Program (5) Promote office and service job locations in and around the downtown. Program (6) Encourage a mix of employment, multifamily residential and retail and service activities in and around the West Business Park area Program (7) Use tax increment financing to assist major new investment downtown and in the Stillwater West Business Park. Tourism Objectives Maintain Stillwater's historic, cultural and natural resources, community uniqueness. Support historic preservation efforts. Support tourism as a major basic city industry. Support public improvements and maintenance that enhances the attractiveness of downtown. Revision date January 30, 2008 Page 5 of 6 Policies and Programs Policy 5: Attract visitors and shoppers to the downtown. Policy 6: Support year around activities that enliven the downtown public and cultural life. Policy 7: Promote activities which lengthen the time visitors spend in the downtown. Policy 8: Reinforce the unique historic character of downtown. Policy 9: Maintain public facilities so that the downtown is an attractive place to visit. Program (8): Consider establishing incentive programs for rehabilitation and upkeep of older buildings. Program (9): Continue to use design review guidelines and process to ensure new development and renovation is consistent with the historic character of downtown. Program (10): Construct a new public parking facility for employees and visitors at old UBC site, Second and Mulberry site, or the north edge of Lowell Inn. Program (11): Support the Downtown Parking Commission as advisory group for managing downtown parking. Program (12): Support actions of the Stillwater Area Chamber of Commerce in promoting downtown activities and improvements. Revision date January 30, 2008 Page 6 of 6 2008 Comprehensive Plan Update Refinement of Goals and Policies 4 Recommendations related to Housing & Local Economy Goal Refinement Sub - Committees (xGiSL 77. c VE1ZSwo f The goals, objectives, policies and programs listed below are a refined compilation of the items found in the 1995 Comprehensive Plan. In addition several new items have been added through the neighborhood visioning sessions that occurred this past fall and early winter. The General Plan and the Downtown Plan goal refinement sub - committees have reviewed all of these items and edited them to: 1) delete redundancies; 2) delete items that have been completed and that do not need to be included in the 2008 Comprehensive Plan update; 3) modify items that have been partially completed, or that for one reason or another merit modification; and 4) make action statements more flexible where ever applicable. The number of resulting items is the same at was included in the 1995 Comprehensive Plan. Housing Goals Goal 1. Provide a quality living environment for the residentscitizcns of Stillwater by maintaining and improving the city's existing housing stock and by planning for a range of new housing opportunities. Goal 2. Provide a balanced choice of housing types and densities suitable to a wide range of demographic groups, with a focus on -meet the needs of the young, locally employed and elderly through zoning and land use planning. Goal 3. Use the land use map to designate residential sites appropriately located for a range of housing densities. 1 Gen- raI 0-bjec fives Specific Objectives Residential Character /Housing Conditions Revision date January 30, 2008 Page 1 of 6 1995 Comp Plan 2008 updated plan Goals 7 7 Policies 18 18 Programs 18 18 Housing Goals Goal 1. Provide a quality living environment for the residentscitizcns of Stillwater by maintaining and improving the city's existing housing stock and by planning for a range of new housing opportunities. Goal 2. Provide a balanced choice of housing types and densities suitable to a wide range of demographic groups, with a focus on -meet the needs of the young, locally employed and elderly through zoning and land use planning. Goal 3. Use the land use map to designate residential sites appropriately located for a range of housing densities. 1 Gen- raI 0-bjec fives Specific Objectives Residential Character /Housing Conditions Revision date January 30, 2008 Page 1 of 6 Adopt housing /historic preservation regulations and performance standards to maintain the city's existing housing stock. Enhance the livability of residential areas through development controls and the provisions of public facilities and services to meet the needs of the neighborhood. Maintain the mix of housing types and tenure in Stillwater's older residential areas. .: Continue to assist the Washington County HRA in the establishment administration of ache housing rehabilitation program to maintain the existing older housing stock, maintain neighborhood character and the diversity and supply of moderate cost housing. Retain the unique and /or historic character of existing residential areas. Explore development concepts such as higher density infill, mixed use developments and cluster housing to maintain open space character and provide a mix of housing types. Preserve Stillwater's desirable small town character by planning residential development and the establishment of neighborhood character in new areas. Designate multifamily housing sites in areas with residential services includeinq the Downtown area. Special Housing Needs Support the provision of a supply of affordable housing for the elderly, physically and mentally handicapped and others with special housing needs who wish to live in Stillwater. Develop housing for a range of household income and age levels where local services are available. Work with the Washington County HRA to provide affordable housing for the elderly and families. Encourage market rate rental apartments as an element of mixed use projects in the Downtown area. Locate multifamily and attached housing close to community services and public parks. Encourage housing Downtown and within walking distance of Downtown to provide a critical mass of residents to support a mix of community and destination commercial. Revision date January 30, 2008 Page 2 of 6 New Residential Development Design local streets, in area plans and through subdivision design, to provide for neighborhood access and limit through traffic. Provide for neighborhood convenience stores locations within walking distance of residential areas without negatively impacting those residential areas. Designate residential densities and housing types sensitive to natural resources and land conditions. Use the planned unit development process for reviewing innovative development concepts and protecting natural resource areas. Provide single family, large lot and small lot and attached housing in the URTPAannexation area. Policies and Programs Policy 1: Review City affordabiiityle housing needs and develop a method of better matching needs to supply. Policy 2: Maintain the city housing stock in good condition. Policy 3: Support efforts of Washington County Housing and Redevelopment Agency in providing assisted housing at appropriate locations. Policy 4: Attempt to disburse assisted housing throughout the community. Policy 5: Locate assisted housing near transit lines and public parks. Policy 6: Participate in Minnesota Housing Finance Agency programs that provide housing assistance. Policy 7: The city shall seek cooperation from local lending institution for financing improvements to older structures. Policy 8. The city shall participate in available housing rehabilitation programs. Policy 9: The city shall endeavor through the development design review process to maintain and enhance Stillwater's community character and housing quality. This shall apply to new and rehabilitated housing. Program (1) Develop neighborhood housing rehabilitation programs to maintain the supply of affordable housing in good condition. Revision date January 30, 2008 Page 3 of 6 Program (2) Explore using TIF and other funds to provide housing rehabilitation grants to very low and low income senior owner occupied housing needing rehabilitation assistance. Program (3) Consider establishing a housing presale code inspection program. Program (4) Consider establishing a low interest loan housing rehabilitation program for very low and low income homeowners. Program (5) Work with local lenders, Washington County HRA, MNHFA and other housing agencies to provide a comprehensive housing assistance strategy for households needing assistance. Program (6) Attempt to meet regional lifecycle housing goals for the City of Stillwater. Local Economy Goals Goal 1: Increase the tax base and provide opportunities for economic growth for Stillwater and Stillwater area residents. Goal 2: Promote and maintain the downtown as a central focus for community economic and cultural activity. Goal 3: Promote tourism consistent with retaining Stillwater's unique natural resources and historic and architectural character. Goal 4: Provide new locations for job growth in close proximity to housing and with convenient access. Economic Development Sites Objectives Support business expansion in the downtown commercial district and West Stillwater Business Park area. Provide local incentives to encourage clean light office type industrial development. Actively promote the creation of the R & D office park at the appropriate time along TH 36 east of CR 15. Cooperate with regional and local economic development organizations to promote the local economy. Revision date January 30, 2008 Page 4 of 6 Policies and Programs Policy 1: Designate land for commercial and industrial uses properly located with adequate support services to accommodate future forecast and anticipated economic development. Policy 2: Protect the city's industrial land base for industrial development. Policy 3: Assist local industries prosper and grow in the community consistent with the city's needs. Policy 4: Work with local and regional economic development interests to promote local economic development. Program (1) Designate the Bergman farm area for research and development office industrial park as a part of the proposed land use plan. Program (2) Promote downtown as a location for light industrial uses compatible with • `' = - _ - - -.. ili#sbusinesses with a proven track record. Program (3) Work with st, The Stillwater Area Chamber of Commerce and SAEDC to promote local industries. Program (4) Encourage small locally owned business particularly in the downtown. Program (5) Promote office and service job locations in and around the downtown. Program (6) Encourage a mix of employment, multifamily residential and retail and service activities in and around the West Business Park area Program (7) Use tax increment financing to assist major new investment downtown and in the Stillwater West Business Park. Tourism Objectives Maintain Stillwater's historic, cultural and natural resources, community uniqueness. Support historic preservation efforts. Support tourism as a major basic city industry. Support public improvements and maintenance that enhances the attractiveness of downtown. Revision date January 30, 2008 Page 5 of 6 Ma-i+l the4o +town in an at# - 1- mairataipie -cot ier: Policies and Programs Policy 53: Attract visitors and shoppers to the downtown. Policy 26: Support year around activities that enliven the downtown public and cultural life. Policy 37: Promote activities which lengthen the time visitors spend in the downtown. Policy 48: Reinforce the unique historic character of downtown. Policy 59: Maintain public facilities so that the downtown is an attractive place to visit. Program (48): Consider establishing incentive programs for rehabilitation and upkeep of older buildings. Program (39): Continue to use design review guidelines and process to ensure new development and renovation is consistent with the historic character of downtown. Program (510): Construct a new public parking facility for employees and visitors at old UBC site, Second and Mulberry site, . - - or and the -weatnorth edge of Lowell Iran. Program (811): Support the Downtown Parking Commission as advisory group for managing downtown parking. Program (912): Support actions of the Stillwater Aarea and City Chamber of Commerce in promoting downtown activities and improvements. Revision date January 30, 2008 Page 6 of 6 TNT EINTNPLACE OF MINNESOTA CITY OF STILLWATER CITY COUNCIL MEETING NO. 08 -01 January 8, 2008 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:34 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Chamber Update Jennifer Severson, executive director of the Greater Stillwater Chamber, was present with an update on Chamber activities. She stated all of the current officers had been re- elected for 2008, and all of the current board members will continue to serve in the upcoming year. She stated they are in the process of solidifying the 2008 calendar and details of events and invited any suggestions regarding events. The Chamber's annual meeting is scheduled for February 28 at a yet to be determined location; she extended an invitation for Councilmembers to attend. Ms. Severson said the Chamber board will be going through a strategic planning process in late January and said she would be contacting Councilmembers about any issues they would like to discuss. In addition, a kickoff meeting for a Downtown Merchants Association is being planned for January, and she invited Councilmembers to participate in that as well. She told the Council that initial planning /organization of the Convention Visitors' Bureau is going very well, with the articles of incorporation expected to be signed on January 16. Mayor Harycki pointed out that Summer Tuesdays' events might be impacted by work on the levee wall; he said the car show held in conjunction with Summer Tuesdays was a nice addition last year. He asked whether that might take place again this year. Ms. Severson said because of the very positive reaction, she expects heavy consideration will be given to arranging a car show again in 2008 and that she has informed people to be aware of the potential for being impacted by levee /Lowell Park work. Councilmember Polehna asked about the signboard issue downtown, noting there seems to be a proliferation of the signage. Ms. Severson said the Chamber had found some great samples of guidelines for sandwich boards and said they will be working City Council Meeting — 08 -01 January 8, 2008 with the HPC to modify some guidelines that will work for everyone. She hopes to get the Downtown Merchants Association committees involved in that issue as well. Discussion on Public Restrooms — Vern Stefan Commurity Development Director Turnblad reviewed the issue related to public bathrooms in the final phase of the Maple Island redevelopment. As proposed, Mainstream Development would provide restrooms similar to what was provided by Mills on Main, with a separate restroom for men and women, located on the ground floor of the building, which would be accessible from Main Street and tenant space. The exact location of the restrooms would be determined by how tenant space is filled; the finishes would be similar to what is shown in drawings submitted by the developer. Mayor Harycki noted the provision of restrooms is a compromise, with the City giving up a parking easement in exchange for public restrooms. He stated that it was his understanding that the restrooms would be open during normal business hours. Vern Stefan, Mainstream Development, confirmed that the restrooms would be available for public use during the hours the building is open, likely 8 a.m. to 5 p.m. or 9 a.m. to 5 p.m. Mayor Harycki asked if there would be external signage indicating the availability of a public restroom. Mr. Stefan responded that signage for public restrooms were not on the sign plan discussed by the HPC, but said he could certainly discuss that with Community Development Director Turnblad when signage becomes an issue. Mr. Turnblad agreed placing a discreet sign indicating the availability of the restrooms would be a good idea; Councilmember Gag suggested making that a condition of approval. Mr. Gag asked about the availability of the restrooms on Saturdays and Sundays; Mr. Stefan indicated that if the commercial tenants of the building are open on Saturdays and Sundays, the restrooms would be as well, but he said the location of the restrooms becomes an issue with weekend use. Mr. Stefan said he did not know if he could commit to weekends, depending on tenants. Councilmember Gag said the greatest need for the restroom facilities is on the weekends; he suggested that throughout construction, there should be a date for completion of the restrooms, a date that ought to be included in the written language of the agreement. Mr. Turnblad suggested including a condition tying the opening of the restrooms to the certificate of occupancy for the first tenant space. Mr. Stefan asked if this Council action is sufficient to allow them to proceed with the application for the demolition permit for the hardware store. Mr. Turnblad said it would be his interpretation that until final approval is given to the agreement that is to be drawn up by staff /Mr. Magnuson, the Council has not given final approval to the restroom proposal, and the demolition permit is contingent upon approval of the final agreement. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna directing City Attorney Magnuson to prepare an agreement with Mainstream Developers based on Council discussion and bring back for Council approval. All in favor. STAFF REPORTS There were no reports, and the meeting was recessed at 4:52 p.m. Page 2 of 8 City Council Meeting — 08 -01 January 8, 2008 RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the December 18, 2007, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of Officer John Siebenalar Swearing in of Officer Andrea Olson Police Chief Gannaway introduced Officers Siebenalar and Olson and administered the oath of office to the two new officers. OPEN FORUM Patrick Nelson, 1118 North First St., spoke of Kolliner Park. He said on Sept. 27, 2004, he gave a presentation to the Parks Board and was allowed to "adopt" a park — Kolliner Park. He said he has a key to the south gate of the park so he has access for cleanup. He described his cleanup efforts. He stated he had contacted David Needham, the property owner on the north side of the park, to see about getting a key to that gate, but said Mr. Needham was not very receptive to that request. He stated that he was informed by staff to stay out of the north side of the park due to a property dispute. Mr. Nelson provided two maps of the property, which he said indicated property lines. Mayor Harycki pointed out the City is having a survey done of the property. Mr. Nelson pointed out that a new gate was installed on the north side of the park in 2005. He stated that in June 2006, new signs were installed on the south side of the park, and he placed new garbage cans there, which most people use. He described a situation with a number cf batteries that had been dumped in a ravine on the north side of the park; he suggested that if the City gave permission, St. Croix County officials could enforce the no- trespassing signs on the north side. Mayor Harycki pointed out the City is Page 3 of 8 City Council Meeting — 08 -01 January 8, 2008 limited /restricted on what it can do with the property, and also noted the City is addressing a number of legal issues at this time. Mr. Nelson said he would like to assist with the cleanup of the north side. City Attorney Magnuson pointed out that the City currently is awaiting proposals for conducting the survey. Councilmember Nyberg suggested holding off on the cleanup of the north side until the survey is completed. It was Council consensus to take that approach. Councilmembers thanked Mr. Nelson for his volunteer efforts. CONSENT AGENDA Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008 -01, directing payment of bills Resolution 2008 -02, reimbursement resolution for capital outlay Possible approval to purchase one ton truck w /plow & sander, loader with bucket & snow plow & snowblower for loader for Street Department; and utility vehicle (field groomer) for Parks Department from State Bid Possible approval to obtain quotations flow meters, sewer televising van SRX -C Easement sewer cleaner & lift station improvements Possible approval to purchase parking enforcement vehicle — Police Department Possible approval to purchase three patrol vehicles — Police Department Possible approval to purchase two unmarked vehicles — Police Department Possible approval of utility bill adjustments Resolution 2008 -03, approval of proposal for parking ramp survey PUBLIC HEARINGS Case No. 07 -50. This is the date and time for a public hearing to consider a request from Curt Geissler, representing Lakeview Hospital, for a Zoning Map Amendment and Zoning Text Amendment request to rezone the property located at 927 Churchill Street W and surrounding properties from RB, Two Family Residential to PA, Public Administration and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 28, 2007. Community Development Director Turnblad reviewed the request for rezoning and the text amendment change, which would make the hospital, use a permitted use, rather than a specially permitted use; the text change would eliminate the need for public review should the hospital wish to expand at the current site in the future. Mr. Turnblad said staff, believes it would be good to keep the hospital site in the long -term, but also believes public dialog is important and therefore would recommend that the hospital use be a conditionally permitted use, which would maintain public review of any hospital expansion plans. Mayor Harycki noted that from the hospital's perspective, before they make any other major investment at the current site, they would like assurances that they could continue to operate a hospital where they have been for many, many years. The Mayor also spoke to the question of how to protect residents should the hospital decide to leave the current site in 20 years. Mayor Harycki explained that at this point, Page 4 of 8 City Council Meeting — 08 -01 January 8, 2008 after holding the public hearing, the Council would take a straw poll on the issue and depending on that outcome, move forward or send the proposal back for some reworking. Mayor Harycki opened the public hearing. Robert Wallen, 928 Greeley St. S., questioned which properties would be involved in the request. Mayor Harycki explained that the request involves only those properties the hospital already owns. Mr. Wallen said he was concerned that the letter informing residents of this case stated the rezoning involved "surrounding properties." Howard Lieberman, 914 S. Greeley St., said the hospital is a good neighbor, but is concerned about allowing the rezoning on anything other than a conditional basis, as he believes public dialog is important. He suggested that many of the improvements made in conjunction with past hospital projects would not have been made without the public input process. He stated he would be concerned should the City give the hospital free rein on plans without the benefit of public review. He suggested there is still inadequate screening from the parking lot and the lighting is excessively bright. He concluded that from his experience on the HPC, the best results generally come out of dialog, and should the City allow future expansion without public dialog, the City and the hospital might not end up with the most favorable results. Curt Geissler, president of Lakeview Hospital, explained the reasoning behind the request. He noted that currently, the hospital operates about 70 beds on a daily basis and has a license to expand to 97 beds. He stated the hospital could not exceed 97 beds without an act of the Legislature, something that is very unlikely. However, he said, the likelihood of Lakeview needing to go to 97 beds is very great, given the growth of the Curve Crest clinic and number of specialty physicians that have been recruited. He stated the hospital is hesitant to move forward with a $30 million -$40 million growth plan at the existing site if there are no assurances that the hospital can be in its current location for 20 -30 years. Mr. Geissler explained that the long -term plan is to move outpatient services to the Curve Crest campus, with just in- patient services on the Greeley site campus. He concluded that Lakeview is seeking some assurance from the City of Stillwater that any major investments put into the property will be viable for 30 years and that the hospital can continue to operate until that investment is fully depreciated. He said he understood the neighbors' issues and said Lakeview would continue to work with the neighborhood as the hospital moves forward. A resident of 1216 Everett St. S. agreed that the hospital has been a good neighbor and is a great resource, but spoke of the value of the public input process. He said he believed that the hospital should have some assurances that the City and residents are willing to work with it on its investment plan, recognizing that the hospital has legitimate concerns about changeover and owner's approval process for everything they want to do in order to operate the facility. At the same time, he said, the relationship of the hospital /community is partly because residents have provided public input. Particularly with the uncertainty over the Tong -term plan for the hospital, personnel, and Council membership, he said providing some avenue for public input is important, and said a conditional use seems to make sense and be in the best interest of the community. He asked about the difference in the zoning between PA and two- family residential. Mr. Turnblad explained the difference in the regulations between the two districts — a wide Page 5 of 8 City Council Meeting — 08 -01 January 8, 2008 difference in uses, as well as building performance standards. Mr. Turnblad reviewed the difference in uses allowed in the two districts. It was noted that the height regulation is the same — 3 stories or 35 feet — in either zoning district, while setbacks are different, somewhat larger in the PA district. No other comments were received, and the hearing was closed. Mayor Harycki spoke of the asset of having the hospital in the community, saying he wanted to do everything possible to keep the hospital in Stillwater and yet balance the needs of the residents. Councilmember Gag echoed the thought that the hospital is a great amenity for the City and spoke of public dialog in past hospital expansion projects, a process that may have been exhaustive for the hospital but resulted in good projects. Councilmember Gag said he would be comfortable with either the RB or PA zoning, but said he would vote for whatever solution provides for the public to have its say. There was discussion as to whether the two requests, rezoning and text amendment, were tied together. Councilmember Milbrandt suggested there is a fine line in changing the use from a special use permit to a permitted use. He suggested the two requests were grouped together in error, like Councilmember Gag, he believes there must be a public review process, probably not an SUP (special use permit) process, but some type of review process given the potential for future changes from hospital administration to the Council and residents. Councilmember Milbrandt also stated he did not believe it would be in the City's best interest to change the zoning to PA, with the potential for uses such as a post office or other government uses, all permitted uses without public review in a PA district, should the hospital decide to vacate the site. Councilmember Milbrandt spoke in favor of a conditional use permit, changing hospital use from an SUP to a CUP in the RA/RB zone, and spoke in favor of a CUP with a five -year renewal. Councilmember Polehna agreed with the concerns about rezoning and the potential for future changes without public review. Councilmember Nyberg also expressed concern about rezoning and not having control over what might go on the current site should the hospital decide to relocate in the future. Mr. Geissler said based on the Council's perspective at this time, on behalf of Lakeview, he would withdraw the request for rezoning and work further with staff and bring back an alternate proposal to better meet the Council's concerns. However, Mr. Geissler expressed a concern with a five -year review because it is not giving the hospital assurance that it can continue to do what it does in that location for an extended period of time. He also expressed concern about making future investments in an unknown versus a property that is a known and zoned according to what the hospital needs to do to conduct its business and move forward. Mr. Geissler stated the hospital is not against public input but the unknowns on both sides of the equation are what are of concern. Mayor Harycki suggested there is an alternative proposal that will meet the needs of the hospital and the community. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to accept the withdrawal of the request without prejudice. All in favor. Page 6 of 8 City Council Meeting — 08 -01 January 8, 2008 UNFINISHED BUSINESS Discussion on weed harvesting Mayor Harycki noted that the discussion was regarding algae harvesting, not weed harvesting. Bruce Werre, McKusick Lake Water Association, showed photos of the lake before algae bloom and during harvesting of the algae. He read a prepared statement that called for the continued harvesting, noting that McKusick is the only City lake with a significant algae problem. The statement pointed out that the Water Management Plan calls algae harvesting a "reasonable short- term" solution. The statement requested that the mechanical algae harvesting be continued until certain in -lake strategies are implemented and additional data is compiled. The statement concluded that the McKusick Lake Water Association believes the risk (of the lake falling into a turbid state) is too great not to continue the algae harvesting. Mayor Harycki noted there has been Tots of activity relating to McKusick in the past few months, including the draft of the Lakes Management Plan and the recommendations related to additional studies to pinpoint the source of the phosphorus. He noted the Council had directed staff to investigate ways to conduct the additional studies this summer to determine the source of the phosphorus and further refine the management plan. The question from the residents, he noted, is whether the algae harvesting will be continued until the sources of the phosphorus are identified and corrected; staff needs direction and the residents need to know the Council's intention in that matter, he said. He pointed out that funds had been budgeted for the harvesting. On a question from Councilmember Gag regarding a specific budgeted item for algae harvesting, Public Works Director Sanders stated $25,000 had been budgeted for contractual work, not specifically for algae harvesting. Mayor Harycki pointed out the City is still waiting for a better idea of the cost of the study to determine the source of the phosphorus, noting that the study estimated the cost at $40,000 while staff suggested there might be less expensive ways of having the study done. Mayor Harycki said an option would be to consider whether to continue the algae harvesting when the final cost of the study is known. Councilmember Polehna said what he understood from the study consultant is that weed (algae) harvesting is a Band -Aid for the problem, the problem is locating the source of the phosphorus. Councilmember Polehna said if he had to expend money, he would spend it to solve the problem, put the money toward the study to find the source of the phosphorus to cure the situation instead of putting a Band -Aid on the situation. Councilmember Nyberg agreed that it is too premature to make a decision on the algae harvesting. It was consensus to find out the cost of the study to try to pinpoint the source of the phosphorus before making a decision on whether to harvest the algae again this year. Mr. Sanders said he should have some information from the Conservation District by the next Council meeting as to the cost of the watel. monitoring /samples for the specified areas. Mr. Werre read three e-mails from other residents in the McKusick area urging the harvesting of the algae, and he reiterated the Association's request that the City continue the harvesting until the source of the pollution is identified. Page 7 of 8 City Council Meeting — 08 -01 January 8, 2008 NEW BUSINESS Possible approval of setting Sale of General Obligation Capital Outlay Bonds, Series 2008A Finance Director Harrison explained that the proceeds from the bonds would go toward the capital outlay purchases authorized in the 2008 budget process. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008 -04, resolution providing for the Competitive Negotiated Sale of $1,445,000 General Obligation Capital Outlay Bonds, Series 2008A. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adjourn at 8:14 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008 -01, directing payment of bills Resolution 2008 -02, reimbursement resolution for capital outlay Resolution 2008 -03, approval of proposal for parking ramp survey Resolution 2008 -04, resolution providing for the Competitive Negotiated Sale of $1,445,000 General Obligation Capital Outlay Bonds, Series 2008A Page 8 of 8 THE OIOTN ►LACE OF MINNESOTA CITY COUNCIL MEETING NO. 08 -02 January 15, 2008 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Planner Pogge Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES — Minutes for the January 8, 2007 meeting will be presented for approval on February 4, 2008 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2008 Stillwater Bike Race - Ron Kadera Ron Kadera, representing the Great River Energy Bicycle Festival, appeared requesting usage of the roadways in downtown Stillwater for the bike race on June 15. It was noted that this will be the 7th year for the bike race. Mayor Harycki stated there had been a request from a merchant that the Parking Commission consider going to free parking on the day of the race; Police Chief Gannaway said that request would be taken under consideration. It was noted there are no significant differences in this year's request. Councilmember Gag said he did not hear any negative feedback from the affected neighborhood last year. Mr. Kadera stated that this year, organizers will be offering a bicycle parking corral and will be encouraging the use of transportation to the location by bicycle in order to diminish some of the automobile traffic in the City. City Council Meeting — 08 -02 January 15, 2008 Councilmember Polehna asked about the impact on the Police Department. Police Chief Gannaway stated that five officers would be working on the event, but stated it is a good event and not a burden on the department. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the request to host the Stillwater Criterium of the 2008 Great River Energy Bicycle Festival. All in favor. Mayor Harycki acknowledged the presence of Boy Scouts who are working on their Citizenship in the Community merit badge. OPEN FORUM There were no public comments STAFF REPORTS City Attorney Magnuson reported that the agreement with Main Street Development regarding the provision of public restrooms would be available for the next meeting. City Administrator Hansen reported he had a last minute addition to the Consent Agenda, a resolution regarding a preventative maintenance agreement with Johnson Controls. He said the City has had a contract with Johnson Controls for City Hall, the Fire Department and Public Works Department. The contract expired Dec. 31, he stated. He said he considered going elsewhere but found the City would not save a lot of money, and the "brain" component of the system is a Johnson Control proprietary system, so the City would have had to have a contract with them in any case. He stated he had negotiated a contract that holds the current rate for three more years, and a disputed bill was reduced by half. He said he would recommend approval of the contract as part of the Consent Agenda. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the Consent Agenda as presented. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008 -05, directing payment of bills Possible approval to release Capital Outlay Funds — Library Resolution 2008 -06, approval of preventive Maintenance agreement with Johnson Controls PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. Page 2 of 9 City Council Meeting — 08 -02 January 15, 2008 There were no public hearings. UNFINISHED BUSINESS Possible approval of quotation for monitoring services relating to Lake Management Public Works Director Sanders noted that the Lakes Management Plan recommended some additional water monitoring. He said he had contacted the Washington Conservation District to determine what monitoring the District could provide for the City. He said it appears the District can do most of the monitoring that was addressed in the Management Plan. There are five different areas where monitoring was recommended. The Plan recommended additional monitoring at Lily Lake for internal phosphorus release; that would cost an additional $1,300 over what the City currently pays. Also recommended was new water quality monitoring in Brick Pond; that would cost about $1,000, he said. Mr. Sanders stated he had talked with the Middle St. Croix WMO, which indicated the WMO likely would respond favorably to a formal request from the City to pay for that monitoring. For the Lake McKusick Watershed, the Plan discussed doing a diagnostic study at an estimated cost of $40,000; Mr. Sanders said he thought the intent was to set up some monitoring stations from Long Lake to the diversion structure, but said in talking with the Conservation District taking water samples once or twice a month from the tributary from the diversion structure to Long Lake would provide information of the phosphorus release. If sampling shows that area is not the source of the phosphorus that would prove that the tributary by Settlers Glen and up to Manning Avenue is the source of the high phosphorus for the annexation area. Regarding Brown's Creek, he stated the Watershed District has said it would pay for the monitoring from the diversion structure to Long Lake, so that would be no cost to the City. Mr. Sanders described the locations for three possible monitoring stations between Long Lake and the diversion structure. Mr. Sanders said another major cost would be sediment cores in Lake McKusick, a cost estimated at about $4,000; he explained the sediment cores would pinpoint whether there is a phosphorus release problem in the Lake and provide information as to whether an alum treatment would be warranted to reduce the phosphorus. In total, he said the proposal for the additional monitoring for the Lake Management Plan amounts to $7,600. if the Middle St. Croix WMO agrees to pay for the monitoring of Brick Pond, the additonal expenditure would amount to $6,500. If the Council approves, he said, the City would enter into a contract with the Washington Conservation District to do the monitoring. Mayor Harycki noted that $25,000 was budgeted for this work, and he suggested there are two questions involved — the monitoring /studies and whether to continue the harvesting of the algae at Lake McKusick. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the water monitoring proposal as presented. All in favor. Councilmember Gag asked whether the $25,000 was earmarked for the water monitoring; Mr. Sanders said the excess money could be used for harvesting if the Page 3 of 9 City Council Meeting — 08 -02 January 15, 2008 Council so chooses, but pointed out that the Lake Management Plan suggested that it would be important to find the source of the phosphorus, as harvesting is a Band -Aid approach to the problem. Councilmember Gag asked if there were other items in the Management Plan where the remaining funds could be spent. Mr. Sanders suggested the additional money could be spent in recommended drainage pond improvements. Councilmember Polehna asked whether funds might be spent in improvements to the wetlands in the Eagle Ridge area as part of the dump site cleanup; Mr. Sanders explained plans for the dumpsite cleanup and funding sources. Regarding algae harvesting, Mayor Harycki noted that the McKusick Lake Water Association has requested that the City continue the harvesting at least through this year while the studies are being done to determine a possible permanent solution. Mayor Harycki spoke in favor of continuing the harvesting at least for one year, until the City is ready to take some concrete steps to fix the problem. Councilmember Gag asked whether in the past the City paid for the entire cost of the harvesting or whether there was any assessment to homeowners on any of the lakes. City Attorney Magnuson stated that at Lily Lake, there were several attempts to harvest weeds, rather than algae, and homeowners agreed to an assessment, a voluntary agreement. On another occasion, Mr. Magnuson said the cost was split with the City. Mr. Magnuson pointed out that an assessment was discussed several years ago, with many people against any assessment. It was noted that at Lily Lake, the City pays to have the area by the public beach sprayed for weeds, and homeowners have the option of using the contractor to spray in front of their properties, at the homeowners' cost. Councilmember Polehna asked if there was any information on what other communities are doing in regard to this issue. Mr. Sanders provided information regarding Birch Lake, where homeowners formed an association that does the harvesting, and Forest Lake, where the City owns several harvesters. Councilmember Nyberg expressed concern that the City is paying for one lake and not another and that he would like to see the City begin a fund to solve the problem. However, he would be comfortable with doing the harvesting for one more year. Councilmember Gag asked for information on whether property owners adjacent to McKusick Lake are doing anything to enhance natural buffers, to do anything to deal with their own phosphorus problems. Bruce Werre, McKusick Lake Water Association, stated they are working with the Middle St. Croix WMO regarding homeowner education. Mr. Werre noted there are fewer than 20 property owners directly adjacent to the Lake, about three - quarters have fairly large buffers. Regarding the assessment issue, Mr. Werre pointed out that the McKusick watershed has increased dramatically, and the problem is a watershed problem, not just a lake owners' problem. Bob Olson, 850 Towne Circle, said if the City can't afford $25,000 to pay to have McKusick look like a lake, rather than a swamp, he would encourage the City to think of innovative ways to get the people who view the lake to help pay for the harvesting. He said he thought many of the people who have a view of McKusick would be interested in sharing the cost with the City. Page 4 of 9 City Council Meeting — 08 -02 January 15, 2008 Councilmember Gag said he would not be in favor of taking $25,000 of taxpayers' money to pay for a Band -Aid solution at one lake. Councilmember Polehna said he has heard from people in his ward regarding assessments they have paid for Lily Lake, assessments that have been paid by people who do not live directly on the lake. Councilmember Polehna pointed out that initially, the intent was that harvesting of McKusick was a one -time measure, not an ongoing one. Councilmember Polehna spoke in favor of finding out how other communities are paying for cleanup of their bodies of water, and he spoke of problems with other lakes in his Ward. Councilmember Polehna moved to direct Public Works Director Sanders to come back to the Council with some information on what other communities are doing with lake harvesting and some recommendation as to how to do the harvesting so it is equitable to the homeowners and the community as a whole. Councilmember Milbrandt referred to a situation at Christmas Lake in Minnetonka where homeowners have paid over $20,000 a year to do their own harvesting — municipalities have had no role in the harvesting. Councilmember Milbrandt spoke in favor of spending any excess funds on a permanent solution, rather than a Band -Aid, short-term solution at any of the City lakes. Mayor Harycki pointed out that the Council could table the issue pending more information from Mr. Sanders, but would have to make a decision on the harvesting at some point in the near future. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to table a decision on the algae harvesting. Mayor Harycki asked if the motion was to table indefinitely. Mr. Nyberg agreed to table until the first Tuesday in March; Mr. Milbrandt amended his second. Motion to table-to the first meeting in March. All in favor. Possible approval of Plans and Specifications and Ordering Advertisement for Bids for the Lily Lake Parking Lot Project and the Driving Park Ravine Protect Public Works Director Sanders reviewed the projects. Estimated cost for the Lily Lake parking lot project is $200,000, he said, and estimated cost for the ravine project is slightly less than $40,000. Councilmember Polehna asked if the ravine project would address the problem behind the Johnson property. Mr. Sanders responded this would impact the neighbor to the south, but would allow for future storm sewer installation. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008 -07, approve plans & specifications and ordering advertisement for bids for Lily Lake Parkirg Lot (Project 2006 -03) and Driving Park Ravine Project (Project 2006 -07) Ayes: Councilrrembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 5 of 9 City Council Meeting — 08 -02 January 15, 2008 Possible appointment to Planning Commission City Clerk Ward stated interviews for the Planning Commission took place on January. 9, 2008 and the interview committee is recommending the appointment of Erica Fultz to balance the Commission's ward representation. Councilmember Milbrandt noted that Ms. Fultz had previously served the City as a member of the Human Rights Commission. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008 -08, appointing Erica Fultz to the Planning Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible first reading of ordinance amending Winter Parking (Roll Call) City Attorney Magnuson explained that there are a number of places in the City where some type of commercial activity is in a neighborhood where special parking is allowed, and this request is consistent with the other areas. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to have the first reading of an ordinance amending winter parking. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of survey quote for City owned property in Wisconsin City Attorney Magnuson reviewed three proposals for survey of the City -owned property in Wisconsin. He stated the low proposal was submitted by BDM Consulting Engineers and Surveys, at a not -to- exceed boundary survey of $5,000, substantially better than the nearest quote. He stated supervising the surveyors and working with the adjoining propertids would be part of his retainer responsibilities, and there would only be extra billing if litigation is required. He stated he would work with the Council before any litigation was initiated to determine whether to proceed. Motion by Councilmember Polehna, seconded by Councilmember Gag adopting Resolution 2008 -09, accepting the proposal from BDM for the survey of the City -owned land in Wisconsin. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 6 of 9 City Council Meeting — 08 -02 January 15, 2008 NEW BUSINESS Update on the parking ramp project Community Development Director Turnblad provided an update on the parking ramp project. He said that staff has been working with LSA Architects to create a firm estimate for a parking ramp that could be located on Second Street at Commercial; when that firm estimate has been developed; the Council will be able to decide whether to proceed or not proceed with the project. At this point, a preferred option has been developed. He explained the goals used in developing a preferred option, which were: to keep costs under about $5.5 million and maximize the number of parking stalls; minimize impact to the bluff, an adjacent park area, streetscape and adjacent buildings. Another consideration was tying the ramp with a walkway to the Mulberry steps and elevator to bring pedestrians to the downtown. Mr. Turnblad reviewed the footprint of the preferred option, which would provide about 348 parking stalls, about a 248 net increase in parking spaces, and it would not impact the bluff line. The preferred option also maintains two -way traffic throughout, with entrances and exits on both Third Street and Second Street. The Lowell Inn garage would be lost as part of this project, he noted, and that space transferred within the deck itself to the Lowell Inn, with the cost to be borne by the Lowell Inn owner. The option would provide an exterior arcade to bring people from Second Street back to the pocket park, which would become partly enclosed. Councilmember Milbrandt said he thought that pocket park was not dedicated parkland and asked that that issue be researched. Councilmember Nyberg asked about a connection to the Lowell Inn; Mr. Turnblad responded that the Lowell Inn owner, Mr. Anderson, would prefer to have the garage space replaced than to have any type of skyway connection; however, if that connection can be done, Mr. Anderson would pay that cost. City Administrator Hansen said in conversations with Mr. Anderson, a skyway connection is not a deal- breaker — it would be nice, but if it can't be done, that's alright too. Not replacing the garage space that he will be losing would be a deal- breaker, Mr. Hansen stated. Mr. Turnblad stated there are no facade concepts at this time, which will be the next step. In order to do that, LSA will work with the ramp steering committee which includes two Heritage Preservation Commission members. When several preferred facade finishes have been selected, LSA will bring that to the HPC for concept review and if the HPC is comfortable with a facade or several options, open houses would be scheduled to show ideas to the public. After that meeting, he said architects would put together an application package for design review, with multiple public hearings. After that process, the design team will be able to come up with a firm cost estimate which should be available by mid- to late - April. City Administrator Hansen reviewed the TIF process. He explained that the original constraint regarding possible TIF funding was that the City had to have a construction contract by June 30, a deadline that was extended to the end of July. Last week staff had a conference call with a bond City Attorney regarding possible ways to extend the deadline. He explained that if a contract is put together with enough contingencies that Page 7 of 9 City Council Meeting — 08 -02 January 15, 2008 allows the City to opt out of the project and if the City goes through a construction manager type of format that requires the construction manager to competitively bid all of the setbacks involved, it is believed the City satisfies the five -year rule. Update on the Heirloom and Landmark Homes website Planner Pogge provided a preview and demonstration of the Heirloom and Landmark Homes website. He noted this is a voluntary program. He demonstrated different ways properties can be searched, such as by builder, neighborhood, architectural style. He said it is anticipated the web site will be completed and an open house scheduled in the next 30 days to encourage owners of the heirloom houses to participate in the program. He said about 70 properties will be completed and included in the web site in the first phase of the project. Update on the pending FEMA Flood Insurance Rate Map changes Planner Pogge explained Washington County has been working for several years on a project to update and digitize the flood insurance rate maps in all of Washington County, including all incorporated areas. Currently, the maps are quite old; the new maps will be a vast improvement, more accurate and have the ability to be on the internet and GIS systems. The revised maps do result in some shifts in all of the flood plains, he said. For example, Lily Lake is shrinking in area, as is McKusick. The new maps do add 10 new zones as, flood basins. He reviewed the primary new flood basins, resulting in 120 property owners who will now have flood plain on their property. Also with the minor shifts, additional property owners along Long Lake, Brown's Creek, McKusick pond and some businesses in downtown will see some additional areas of their property included in the flood plain. He explained that over the next year, staff will review the information for accuracy and then adopt a new flood plain ordinance to be in compliance with the maps. After the maps become effective, he said there may be property owners who receive notice from their mortgage company that they are now required to have flood insurance. He explained there are processes to go through with FEMA; and the concern for the City, in particular, will be the seven properties in new zone As, which will not have established flood elevations. If a property owner wants to get the property out of the flood plain and not have to pay flood insurance, they will have to get a detailed study done to establish the base flood elevation. He said the City is working with FEMA and the DNR to try to get some of the studies that have been done locally with the Surface Water Management Plan accepted by those agencies to establish the flood elevations. In short, he said, there will likely be some inconvenience to property owners. Regarding the timeline, he said some open houses will be conducted, with the first one scheduled for Jan. 23, 2008, at the Washington County Government Center. There will be an appeal period, during which time the City will be trying to get the agencies to accept local data as the base elevations. After finalized maps are received, the City will have six months to amend its flood plain ordinances. Mayor Harycki asked if the City would be notifying property owners impacted by the flood plain changes; Mr. Pogge said he would recommend that be done. Mayor Harycki also suggested that the revised Page 8 of 9 City Council Meeting — 08 -02 January 15, 2008 maps be posted on the web site. Councilmember Milbrandt pointed out that the City did not initiate this change. Mayor Harycki asked whether the Zoning Ordinance would have to be amended; Mr. Pogge responded that the City ordinances will have to be amended to reflect the new maps. Mr. Pogge clarified that because the City participates in the federal Flood Insurance Program, all property owners in the City can purchase flood insurance; if a property is in a designated flood plain, the insurance premium is higher. COUNCIL REQUEST ITEMS Councilmember Gag asked Public Works Director Sanders when a public hearing /open house regarding the levee wall project might be scheduled. Mr. Sanders and Mr. Hansen said the Corps of Engineers staff will be at the first Council meeting in March with an update on the project. Mayor Harycki stated a representative from Sen. Coleman's office had recently spent time with City staff to get more information about the project, and it was communicated at that time that the City did receive federal funding for the levee. City Administrator Hansen stated the City had requested $2.7 million for the levee project and received $1.265 in federal funds. Mayor Harycki said it is anticipated additional federal funds will be received, and the City is still working on getting funding at the state level. STAFF REPORTS (continued) City Clerk Ward reminded the Mayor and Council that the next Council meeting will take place or: Monday, February 4th, rather than Tuesday, February 5th due to caucuses. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adjourn at 8:38 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008 -05, directing payment of bills Resolution 2008 -06, approval of preventive Maintenance agreement with Johnson Controls Resolution 2008 -07, approve plans & specifications and ordering advertisement for bids for Lily Lake Parking Lot (Project 2006 -03) and Driving Park Ravine Project (Project 2006 -07) Resolution 2008 -08, appointing Erica Fultz to the Planning Commission Resolution 2008 -09, accepting the proposal from BDM for the survey of the City -owned land in Wisconsin Page 9 of 9 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2008 -10 10,000 Lakes Chapter of ICC 1ST Line /Leewes Ventures LLC AIM Electronics, Inc. All Star Wireless Allen, Bradley Al's Coffee Company Amdahl, Chris (Locksmith) AMEM Ancom Communication, Inc. ASCAP Aspen Mills AT &T Becker Arena Products Board of Water Commissioner Boyer Ford Trucks Bruchu, Brian Campion, Barrow & Associates Capitol City Carquest Auto Parts Cartridge World CATCO Parts and Service CDW -G Cities Digital Solutions Coca -Cola Bottling Company Comcast Cornerstone Copy Center Cub Foods Denny Hecker Auto Connection Dive Rescue International, Inc DLT Solutions Inc. Emergency Automotive Tech Fred's Tire Company Frontier Precision, Inc. Galles Corporation Grand Prix Vending Grey Survey Repair Harris Service Heritage Printing, Inc. Holiday Credit Office Holiday Inn Hotel & Suites I.T.C. IACP IKON Office Solutions Integra Telecom International Code Council, Inc J.H. Larson Electric Kearney, Christopher P. Kirvida Fire, Inc. 2008 Membership Dues Concessions Supplies Equipment Repair Supplies Guardian Monthly AVL Service /Antenna Reimburse for Meals/Training Concession Supplies Service Call 2008 Membership Dues 800 MHZ Radio Travel Charger 2008 License Uniforms /New Police Officers Telephone Equipment Repair Supplies December WAC Charges Equipment Repair Supplies Reimburse for Blinds for PD Professional Services 2008 Regional Dues Equipment Repair Supplies Refill Ink Equipment Repair Supplies Maintenance Agreement In House Scanning Soda for Concessions Cable Magnets for Recycling Concessions Supplies Vehicle Repair Supplies Dive Training t AutoCAD 2008 Network License Vehicle Repairs Equipment Repair Supplies Prism Holder Janitorial Supplies Concession Supplies Minor Equipment Maintenance Agreement Permit Parking Tags Fuel Reservations John Gannaway Uniforms 2008 IACP Membership Dues Maintenance Agreement Telephone 2007 MN Building Code Equipment Repair Supplies Professional Services Fire Engine Repairs 225.00 1,197.25 174.09 199.90 9.30 1,664.35 513.00 35.00 111.29 284.00 2,936.80 85.46 130.46 12,474.00 19.06 37.21 750.00 50.00 395.49 139.47 391.73 126.74 4,350.02 2,125.89 68.33 1,445.00 41.94 33.55 730.00 6,438.52 3,715.53 21.64 114.81 518.12 193.00 207.68 6,812.61 219.13 60.49 308.52 117.00 240.00 248.80 88.60 187.00 211.74 1,208.02 376.89 EXHIBIT " A" TO RESOLUTION #2008 -10 Lakeview Hospital League of MN Cities Life Safety Systems Lighthouse Homebuilders Inc Loffler Mac Queen Equipment Inc. MECA Menards Meredith, Nathan Metro Fire Metropolitan Council MINNCOR Industries MN Chiefs of Police Assoc. MN Office of Enterprise Technology MN State Treasurer MN /S.C.I.A. NAPA Auto Parts Needels Supply, Inc. Nextel North American Salt Co. NSEFO Office Depot Office Max Olson, Ken OnSite Sanitation Oxygen Service Company, Inc. Papco, Inc. Penton Technology Media Performance Plus Poutre, Teriann R & R Specialties, Inc. Riedel) Shoes, Inc. Roseville Midway Ford Service on a Shoestring Shilts, Cindy Signal Pro Equipment Signcad Systems, Inc. Sprint PCS SRF Consulting Group Standard Truck & Auto State of Minnesota Dept. of Public Safety Stillwater Gazette Stillwater Medical Group Stillwater Motor Company The 106 Group, Ltd. Toll Gas & Welding Supply TR Computer Sales, LLC Tri State Bobcat, Inc. Page 2 Legal Blood Draws 1st Qtr Workers Compensation Insurance Annual Fire Alarm System Inspection Grading Escrow Refund Network Support Equipment Repair Supplies MECA Conference Fee for Ryan Smith Equipment Repair Supplies Reimburse for Tuition Helmets December 2007 SAC Charges Computer Desk Registration Fees /Police December 2007 Wide Area Network Usage 4th Quarter 2007 State Surcharge 2008 MN SCIA Membership Equipment Repair Supplies Janitorial Cleaning Supplies Cell Phone Road Salt 2008 Membership Dues Office Supplies Office Supplies Reimburse for Housing /Education Portable Restroom Service Oxygen. Equipment Repair Supplies Windows IT Pro Subscription Mask Fit Fire Department Sewing Repairs Ice Blade Grind Skates for Resale New Squad Car Reimburse School Promotion Items Reimburse for Storage Case Chains Maintenance Agreement CeII Phone Professional Services Vehicle Repair Supplies CJDN Connect Charge Publications Medical Evaluations Vehicle Repair Supplies Professional Services Medium Acetylene Cylinder Computer Consulting Equipment Repair Supplies 40.00 38,697.50 692.25 1,500.00 250.00 124.18 275.00 167.12 2,070.00 615.75 20,100.00 1,030.61 1,120.00 140.83 7,115.89 50.00 46.68 916.35 964.44 12,138.94 50.00 348.27 147.94 324.73 105.81 915.65 166.66 69.95 25.00 110.00 740.97 768.88 25,040.28 7,364.50 6.90 220.36 962.63 59.58 83.51 967.41 270.00 363.40 606.00 30.74 1,203.00 23.16 28.75 88.86 1 EXHIBIT " A" TO RESOLUTION #2008 -10 Unique Paving Materials, Inc. UPS USA Mobility Wireless, Inc. Verizon Wireless WA County Road & Bridge Wagner, Kelly Washington Conservation Distr Washington County ATSE Washington County Information Technology Dept. Watson Company, Inc. West Payment Center Yocum Oil Company Zee Medical Service MANUALS JANUARY 2008 Anderson, Richard Bank Plus Dougherty Funding LLC Grafix Shoppe Lake Elmo Bank Long Lake Villas Ltd Partnership Pfister, Richard Postmaster St. Croix Preservation, Inc US Bank Washington County License Center ADDENDUM TO BILLS Board of Water Commissioners CDW Government, Inc. Clark, Luann Delta Dental Government Training Services Legislative Associates, Inc. Magnuson Law Firm Metropolitan Council Northland Graphics Pioneer Press Practioners Publishing Company Qwest Stillwater Gazette Strategic Insights Inc. US Home DBA Lennar Washington County Assessment & Taxation Washington County Dept of Public Health Washington County Sheriff Xcel Energy Winter Asphalt Shipping 1st Quarter Pagers Cell Phone Eelamp -Burn Out Refund Learn to Skate Classes 2007 Monitoring Costs for Lily Lake Accuvote Ext Maint Fee Quick Access Cycle Monthly Concession Supplies Quinlan Zoning Law Advisor Pam Fuel First Aid Supplies 2nd Half 2007 Property Tax Abatement 2nd Half 2007 TIF #9 Collections 2nd Half 2007 TIF #10 Collections Lettering for New Rescue One Boat 2nd Half 2007 TIF #9 Collections 2nd Half 2007 TIF #8 Collections Market Value Homestead Credit 1st Quarter Utility Billing Postage 2nd Half 2007 TIF #1 Collections 2nd Half 2007 TIF #1 Collections Vehicle Tax & Registration January 2008 WAC Charges HP Pro /Printer Cleaning at Public Works Dental Cobra 2007 MN Govn't IT Symposium Professional Services Professional Services January 2008 SAC Charges Rubber Stamps Subscription Government Financial Statements Telephone Publications Capital Planning Software Reimburse for 10 Water Meters 2008 Truth in Taxation Notice Hazardous Waste Generator Invoice Police Computer Equipment Electricity and Natural Gas Page 3 305.76 10.25 1,161.78 802.31 205.21 65.00 1,060.00 4,230.00 1,200.00 126.86 94.79 6,004.60 69.48 4,157.84 14,864.90 208,420.86 550.00 14,864.90 44,111.58 19,954.06 2,220.10 5,234.28 83, 535.90 1,754.37 10, 296.00 272.63 867.50 341.95 510.00 2,791.67 16,160.83 14,454.00 32.90 213.20 173.06 173.69 82.95 692.25 3,000.00 1,431.14 55.00 10,946.47 33, 848.23 EXHIBIT " A" TO RESOLUTION #2008 -10 Page 4 Adopted by the City Council this TOTAL 692,529.21 4th Day of February, 2008 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2008 -10 10,000 Lakes Chapter of ICC 1ST Line /Leewes Ventures LLC AIM Electronics, Inc. All Star Wireless Allen, Bradley Al's Coffee Company Amdahl, Chris (Locksmith) AMEM Ancom Communication, Inc. ASCAP Aspen Mills AT &T Becker Arena Products Board of Water Commissioner Boyer Ford Trucks Bruchu, Brian Campion, Barrow & Associates Capitol City Carquest Auto Parts Cartridge World CATCO Parts and Service CDW -G Cities Digital Solutions Coca -Cola Bottling Company Comcast Cornerstone Copy Center Cub Foods Denny Hecker Auto Connection Dive Rescue International, Inc DLT Solutions Inc. Emergency Automotive Tech Fred's Tire Company Frontier Precision, Inc. Galles Corporation Grand Prix Vending Grey Survey Repair Harris Service Heritage Printing, Inc. Holiday Credit Office Holiday Inn Hotel & Suites I.T.C. IACP IKON Office Solutions Integra Telecom International Code Council, Inc J.H. Larson Electric Kearney, Christopher P. Kirvida Fire, Inc. 2008 Membership Dues Concessions Supplies Equipment Repair Supplies Guardian Monthly AVL Service /Antenna Reimburse for Meals/Training Concession Supplies Service Call 2008 Membership Dues 800 MHZ Radio Travel Charger 2008 License Uniforms /New Police Officers Telephone Equipment Repair Supplies December WAC Charges Equipment Repair Supplies Reimburse for Blinds for PD Professional Services 2008 Regional Dues Equipment Repair Supplies Refill Ink Equipment Repair Supplies Maintenance Agreement In House Scanning Soda for Concessions Cable Magnets for Recycling Concessions Supplies Vehicle Repair Supplies Dive Training t AutoCAD 2008 Network License Vehicle Repairs Equipment Repair Supplies Prism Holder Janitorial Supplies Concession Supplies Minor Equipment Maintenance Agreement Permit Parking Tags Fuel Reservations John Gannaway Uniforms 2008 IACP Membership Dues Maintenance Agreement Telephone 2007 MN Building Code Equipment Repair Supplies Professional Services Fire Engine Repairs 225.00 1,197.25 174.09 199.90 9.30 1,664.35 513.00 35.00 111.29 284.00 2,936.80 85.46 130.46 15,444.00 19.06 37.21 750.00 50.00 395.49 139.47 391.73 126.74 4,350.02 2,125.89 68.33 1,445.00 41.94 33.55 730.00 6,438.52 3,715.53 21.64 114.81 518.12 193.00 207.68 6,812.61 219.13 60.49 308.52 117.00 240.00 248.80 88.60 187.00 198.82 1,208.02 376.89 EXHIBIT " A" TO RESOLUTION #2008 -10 Lakeview Hospital League of MN Cities Life Safety Systems Lighthouse Homebuilders Inc Loffler Mac Queen Equipment Inc. MECA Menards Meredith, Nathan Metro Fire Metropolitan Council MINNCOR Industries MN Chiefs of Police Assoc. MN Office of Enterprise Technology MN State Treasurer MN /S.C.I.A. NAPA Auto Parts Needels Supply, Inc. Nextel North American Salt Co. NSEFO Office Depot Office Max Olson, Ken OnSite Sanitation Oxygen Service Company, Inc. Papco, Inc. Penton Technology Media Performance Plus Poutre, Teriann R & R Specialties, Inc. Riedell Shoes, Inc. Roseville Midway Ford Service on a Shoestring Shilts, Cindy Signal Pro Equipment Signcad Systems, Inc. Sprint PCS SRF Consulting Group Standard Truck & Auto State of Minnesota Dept. of Public Safety Stillwater Gazette Stillwater Medical Group Stillwater Motor Company The 106 Group, Ltd. Toll Gas & Welding Supply TR Computer Sales, LLC Tri State Bobcat, Inc. Page 2 Legal Blood Draws 1st Qtr Workers Compensation Insurance Annual Fire Alarm System Inspection Grading Escrow Refund Network Support Equipment Repair Supplies MECA Conference Fee for Ryan Smith Equipment Repair Supplies Reimburse for Tuition Helmets December 2007 SAC Charges Computer Desk Registration Fees /Police December 2007 Wide Area Network Usage 4th Quarter 2007 State Surcharge 2008 MN SCIA Membership Equipment Repair Supplies Janitorial Cleaning Supplies Cell Phone Road Salt 2008 Membership Dues Office Supplies Office Supplies Reimburse for Housing /Education Portable Restroom Service Oxygen. Equipment Repair Supplies Windows IT Pro Subscription Mask Fit Fire Department Sewing Repairs Ice Blade Grind Skates for Resale New Squad Car Reimburse School Promotion Items Reimburse for Storage Case Chains Maintenance Agreement Cell Phone Professional Services Vehicle Repair Supplies CJDN Connect Charge Publications Medical Evaluations Vehicle Repair Supplies Professional Services Medium Acetylene Cylinder Computer Consulting Equipment Repair Supplies 40.00 38,697.50 692.25 1,500.00 250.00 124.18 275.00 167.12 2,070.00 615.75 20,100.00 1,030.61 1,120.00 140.83 7,115.89 50.00 46.68 916.35 964.44 12,138.94 50.00 348.27 147.94 324.73 105.81 915.65 166.66 69.95 25.00 110.00 740.97 768.88 25,040.28 7,364.50 6.90 220.36 962.63 59.58 83.51 967.41 270.00 363.40 606.00 30.74 1,203.00 23.16 28.75 88.86 EXHIBIT " A" TO RESOLUTION #2008 -10 Unique Paving Materials, Inc. UPS USA Mobility Wireless, Inc. Verizon Wireless WA County Road & Bridge Wagner, Kelly Washington Conservation Distr Washington County ATSE Washington County Information Technology Dept. Watson Company, Inc. West Payment Center Yocum Oil Company Zee Medical Service Winter Asphalt Shipping 1st Quarter Pagers Cell Phone Eelamp -Burn Out Refund Learn to Skate Classes 2007 Monitoring Costs for Lily Lake Accuvote Ext Maint Fee Quick Access Cycle Monthly Concession Supplies Quinlan Zoning Law Advisor Pam Fuel First Aid Supplies Page 3 305.76 10.25 1,161.78 802.31 205.21 65.00 1,060.00 4,230.00 1,200.00 126.86 94.79 6,004.60 69.48 Memorandum - jlllwater Administration ) To: Mayor & City Council From: Larry D. Hansen, City Administrator Date: 1/24/2008 Re: Investment Policy It has been brought to my attention by one of our investment brokers that our Investment Policy technically requires collateralization of 110% for all Certificates of Deposits. This is not the industry norm nor do I believe it was every our intention as we have always accepted the FDIC coverage for the first $100,000. This matter can be easily corrected by adding the words `over $100,000" in the policy. RECOMMENDATION: Make this minor adjustment to the Investment Policy by adding "over $100,000" in the Collateralization section of the policy. RESOLUTION 2008 -11 APPROVAL OF REVISED INVESTMENT POLICY BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the revised Investment Policy, is hereby approved. Adopted by the City Council this 4th day of February, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER INVESTMENT POLICY PURPOSE The purpose of this policy is to establish specific guidelines that the City of Stillwater will use in the investment of City funds. It will be the responsibility of the city Treasurer or City Administrator to invest city funds in order to attain a market rate of return while preserving and protecting the capital of the overall portfolio. Investments will be made, based on statutory constraints, in safe, low risk instruments. SCOPE The Treasurer is responsible for the investing of all funds in the custody of the City, including, but not necessarily limited to, the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Agency Funds and excluding Fire Relief Pension Funds. PRUDENCE The standard of prudence to be used by investment officials shall be "prudent investor ", and shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with this policy and with MN Statute 118A, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit or market price changes, provided that reasonable action is taken to control adverse developments and unexpected deviations are reported in a timely manner. OBJECTIVE There are three main objectives of all investment activities that are prioritized as follows: 1. Safety. a. Safety of principal is the foremost objective of the City. Each investment transaction shall seek to first insure that capital losses are avoided. The objective will be to mitigate credit risk and interest rate risk. b. Credit risk is the risk of loss due to failure of the security issuer or backer. c. Interest Rate Risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. 2. Liquidity. a. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Investment Policy Revised: 02/04/08 3. Yield. a. The investment portfolio of the City of Stillwater shall be designed to attain a market - average rate of return through budgetary and economic cycles, taking into consideration the City's investment risk constraints, cash flow characteristics of the portfolio and prudent investment principles. Subject to requirements of the above objectives, it is the policy of the City of Stillwater to offer financial institutions and companies within the City of Stillwater the opportunity to bid on investments. However, the City of Stillwater will use brokers /dealers and /or institutions that can provide the best investment yields and the most favorable and prudent portfolio diversification. DELEGATION OF AUTHORITY Management responsibility for the investment program is hereby delegated from the City Council to the Treasurer who shall establish procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include delegation of authority to persons responsible for the investment transactions. The Treasurer shall be responsible for all transactions undertaken and shall establish a system of internal controls designed to prevent losses from fraud and employee error or mismanagement. CONFLICT OF INTEREST Any City official (elected or appointed) involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair ability to make impartial decisions. AUTHORIZED FINANCIAL INSTITUTE AND DEALER In accordance with MN Statutes 118A.005, the responsibility for conducting investment transactions resides with the City Council of the City of Stillwater. In addition, the City Council shall designate depositories for the invested funds. In selecting depositories, the credit worthiness of the institutions under consideration shall be examined by the Treasurer before recommending their designation as a depository. Only approved security brokers /dealers selected by creditworthiness shall be utilized (minimum capital requirements of $10,000,000.00 and at least five years of operation experience). These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission Rule 15c3 -1 (uniform net capital rule). Page 2 of 5 Investment Policy Revised: 02/04/08 All financial institutions and brokers /dealers must supply the following as appropriate: 1. Audited financial statements 2. Proof of National Association of Securities Dealers (NASD) certification. 3. Proof of State registration. 4. Completed broker /dealer questionnaire for firms who are not major regional or national firms 5. Certification of having read the City's investment policy. BROKER REPRESENTATIONS Municipalities must obtain from their brokers certain representations regarding future investments. MN Statutes, Section 118A, Subdivision 6, requires municipalities to provide each broker with information regarding the municipalities' investment restrictions. Before engaging in investment transactions with the City of Stillwater, the supervising officer at the securities broker /dealer shall submit a certification annually according to MN Statute 118A.05. The document will state that the officer has reviewed the investment policies and objectives, as well as applicable state law, and agrees to disclose potential conflicts of interest or risk to public funds that might arise out of business transactions between the firm and the City of Stillwater. All financial institutions shall agree to undertake reasonable efforts to preclude imprudent transaction involving City funds. AUTHORIZED AND SUITABLE INVESTMENT MN Statutes, Section 118A, Subdivision 3, lists all permissible investments for municipalities. This list establishes the maximum investment risk permitted for a Minnesota municipality. Even though MN Statutes, Section 118A provides for more instruments to be used for investing purposes, the following is a listing of investments the City will be authorized to invest in: 1. Government Securities. Instruments such as bonds, notes, bills, mortgages and other securities, which are direct obligations of the federal government or its agencies, with the principal fully guaranteed by the U.S. Government or its agencies. 2. Certificate of Deposit. A negotiable or nonnegotiable instrument by commercial banks and insured up to $100,000.00 by the Federal Deposit Insurance Corporation (FDIC). 3. Repurchase Agreement: An investment, which consists of two simultaneous transactions, where an investor purchases securities from a bank or dealer. At the same time, the selling bank or dealer agrees to repurchase the securities at Page 3 of 5 Investment Policy Revised: 02/04/08 the same price plus interest at some agreed -upon future date. The security purchased is the collateral protecting the investment. 4. Prime Commercial Paper. An investment used by corporations to finance receivables. A short term (matures in 270 days or less) unsecured promissory note is issued for a maturity date specified by the purchaser. Corporations market their paper through dealers who in turn market the paper to investors. The paper must be rated at least Al -P1 or at a rating that is in accordance with MN Statutes 118A. 5. State or Municipal securities. Any security, which is a general obligation of the State of Minnesota or any of its municipalities. 6. Statewide Investment Pools. A pool that invests in authorized instruments according to MN Statutes 118A. 7. Money Market Mutual Funds. Funds that invest in authorized instruments according to MN Statutes 118A. Interest bearing deposits in authorized depositories must be fully insured or collateralized. COLLATERALIZATION Collateralization will be required on two types of investments: Certificates of deposit, over $100,000, and Repurchase Agreements. In order to anticipate market changes and to provide a level of security for all funds, the collateralization level will be 110 percent of the market value of principal and accrued interest. When the pledged collateral consists of notes secured by first mortgages, the collateral level will be 140 percent of the market value of principal and accrued interest. Collateral shall be deposited in the name of the City of Stillwater, subject to release by the City's Treasurer. SAFEKEEPING AND CUSTODY When investments purchased by the City are held in safekeeping by a broker /dealer, they must provide asset protection of $500,000.00 through the Securities Investor Protection Corporation (SIPC) and at least another $20,000,000.00 supplemental insurance protection. DIVERSIFICATION The City will attempt to diversify its investments according to type and maturity. The portfolio, as much as possible, will contain both short-term and long -term investments. The City will attempt to match its investments with anticipated cash flow requirements. Extended maturities may be utilized to take advantage of higher yields. However, no more than twenty -five percent (25 %) of the total investments should extend beyond five (5) years and in no circumstance should any extend beyond ten (10) years without Page 4 of 5 Investment Policy Revised: 02/04/08 Council approval. Further, investments in Commercial Paper, or similar unsecured instruments, shall not exceed 25 percent (25 %) of the total investments and no individual issuer shall exceed $500,000.00 without Council approval. INVESTMENT REPORTING The Treasurer shall prepare and submit an investment report at least quarterly, including a management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. CONCLUSION The intent of this policy is to ensure the safety of all city funds. The main goal of the City will be to achieve a market rate of return while maintaining the safety of the principal. Approved by the Stillwater City Council this 4t" day of February, 2008. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Page 5of5 FORESTRY CONSULTANT CONTRACT FOR 2008 This contract is made this 1st day of January 2008, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North 4th Street, Stillwater, Minnesota 55082, "City ", and Kathy Widin, Plant Health Associates, Inc. 13457 Sixth Street North, Stillwater, Minnesota 55082, "Consultant ". RECITALS The City desires to retain the services of the Consultant to provide consulting services in the development and maintenance of a forestry management program. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and the Consultant as follows: SECTION I. NATURE OF WORK Consultant will perform the services as shown on the attached Exhibit "A" on behalf of the City. SECTION II. PLACE OF WORK It is understood that Consultant services will be rendered largely in the field or at Consultants place of business and not in the Office of the City. SECTION III. COMPENSATION 1 The City will pay to the Consultant as follows: a. $47.00 per hour for services listed in Exhibit "A" or as otherwise approved by the City. b. Ordinary and necessary business expenses incurred by the Consultant and attributable to the work will be reimbursed by the City provided that prior written approval is given by the City. SECTION IV. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTION V. INDEMNIFICATION Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VI. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. SECTION VII. DURATION This contract will be in effect from January 1, 2008 through December 31, 2008 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty (60) days written notice to terminate the agreement by the party IN WITNESS WHEREOF, the parties have set their hands this 4th day of February, 2008. CITY OF STILLWATER By: Ken Harycki, Mayor By: Diane F. Ward, City Clerk PLANT HEALTH ASSOCIATES, INC. By: Kathy Widin Exhibit "A" Proposed Work Program — Forestry 2008 To: Larry Hansen, City Administrator, and City Council From: Katharine D. Widin, Ph.D. Forestry Consultant City of Stillwater SERVICE ESTIMATED HOURS WORK PROPOSED /ACCOMPLISHED Maintenance of Public Trees Evaluation of Trees on Public Property: Boulevard Trees Park Trees Trees on City Property 35 Evaluations of trees on public property to determine nature of tree problem(s) and whether or not specific trees should be removed or need other care — as requested, on a case by case basis Education /Outreach Write Articles Info. sheets for residents 10 Articles for City Newsletter (2) and 1 article for the Stillwater Gazette on tree- related issues `Fact Sheets' for residents — info. placed on city website (costs shared with Oak Park Heights, Lake Elmo & Mahtomedi) Maintain Forestry Hotline 65 Return phone calls from residents and make site visits regarding tree insect, disease and cultural problems. Send literature to residents regarding information requested. Seminars/Workshops for Residents 6 Info. sessions for residents on tree insect, disease, and cultural problems; management of European buckthorn (may be related to City projects) (seminar will be done in association with at least 1 other community forestry program) Tree City, USA 5 Proposal to City Council, possible presentation to Council re: program: Arbor Day proclamation, ceremonial tree planting, annual report Tree Protection Site design review for wooded lots 5 (est.) (developer) Site review of building placement, tree location and protection on wooded building lots Oak Wilt/ Dutch elm disease 10 Survey for oak wilt infection centers within the City; provide information and assistance to property owners in management of oak wilt and Dutch elm disease Site review /tree protection and management projects; memos, meetings, etc. 15 To provide guidelines, site review for City projects regarding tree selection, planting, care and protection (incl. buckthorn management) Development Projects 15 (developer) Review of development plans, site visits, inspections, reports to city. Estimated Hours for 2008: City = 146 ( @$47.00/hour) = $6,862.00 Developer = 20 (paid by developers) RESOLUTION 2008 -12 APPROVAL OF FORESTRY CONSULTANT CONTRACT FOR 2008 BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the agreement between the City of Stillwater and Katharine Widin, Plant Health Specialists, Inc. for consulting forestry work for 2008 and the work program for 2008, is hereby approved. Adopted by the City Council this 4t" day of February, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2008 -13 APPROVING RETAINER FOR CITY ATTORNEY FOR YEAR 2008 NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the retainer for City Attorney David Magnuson for the year 2008 be $98,503 effective January 1, 2008. Adopted by Council this 4th day of February, 2008. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk lr tWater. .,, u.ur.a, Or uO.1t0,. 216 N. 411, Street Stillwater, ;MN 55082 Telephone: 651 - 430.8800 Fax: G51 -430 -8803 APPLICATION FOR SPECIAL EVENT All items on application MUST be completed and received by the City 45 days prior to proposed event Incomplete applications will not be processed i'IS /p'g Submittal Date: APPLICANT INFORMATION Email Address: Organization Contact Person Address City Daytime Phone 8RIAES ikut 0/49 BR ha 21? Z RAW ST Type of Non - Profit Organization For - Profit Ott LATER State jf)/.) Zip 3`5-0T2 -- Alternate Number AVIIPAL, .111 EVENT INFORMATION (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may require Planning Commission review) Date(s) of Event CF8 23 SAT. Hours of Event la OOA /1. Up Pill (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) Purpose & Description of Event �4RIuES 1 ,fir mu* . FRo2& fioccCU L t- rboitivAAERir Proposed Location of Event (be scific) Type of Event Estimated number of people to attend i,.,A7r1 PA/0006- &tAl AS LAST YFRR btc RAM- !bolt/04A LOT If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both ) Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space) Selling Alcohol Permit to Consume Site Map (required) Impact on Parking (required) Temporary Liquor Licenses are ONLY available to non - profit organizations - 325.00 per day (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - 535.00 fee) (attach to application) Describe: (CONTINUE ON BACK) Special Signage Letter of Approval by Property Owner if on Private Property (attach to application) Describe: (AMJ.R, 4N Pk/ P.) E(, /,1 A)% Tents or Membrane Structures Size Location Exiting Points Cooking Operations Propane Deep fat frying Other Water Activities (River /Lakes) River Lake Name: Fire Ambulance Department EMS Needs EMT Standby Standby Standby Open Flame or Burning Operations _ Describe Fireworks �A e sr Street Closure � What Streets: /� (Required if alcohol is being served on public property and attendance is over 75 people or at the discretion of the Police Chief) - Contact Stillwater Police (651 - Police Officer Needed 4351 -4900) to arrange for officer Restrooms (Portable) (Applicant to pay for restrooms - Contact Public Works 275 -4100) Live Entertainment Level of Pro •tion /Advertisement t Applicant Si ure Type of Music Community Development City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required Comments: D.- FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: TOTAL FEES JiiLJSfl STAFF REQUEST ITEM Department: St. Croix Valley Rec Ctr Date: 01/31/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) 17 Doors and hardware for Lily Lake Arena 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) $20,539 Budgeted through Capitol Outlay 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: Doug Brady Date: 01/31/08 STAFF REQUEST ITEM Department: MIS Date: 2/1/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Renewal of Anti -Virus Software for City's Network. 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 time was allocated in the 2008 Capital Outlay budget. Total cost is $ 2212.70. ADDITIONAL INFORMATION ATTACHED Yes _X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 2/1/08 0 co cr CD •te-■ 0 3- CU 3 CO (D DO r CD 3 3 CD 70 CD C 3 3 0 CD CD r Q 0 All currency in this quote is in US funds. • 0 r (D m CD C Q ...1 r. 0 W o O o X p O N i x r O Q CD CCDD 0 CD O 0 0 3 N 0F/+ -I - =0 N(9 >-J o u m cwri co 0 N V rn N Z 0 a73 O O O O O o Z -4 O Z r C=.3 m z N m D c•3 a rn m D Z C) m 73 0 m 0 Z O 0 0 r BASIC 12 MONTHS SUPPORT v11.0 (GOV LVL D SA) 0I1d1213S301N3 CD Co cn CA) O A F 3I21d 1IN 1 o 3 o�� O � aD r Z CA � NJ D O� CD vi m CO 0 K � � 3 z -4r- = D m \V V W CD O CD 'O'A W CID c.rt 0 c O 0 mot O 3 Z CD r•P CA) CD O (n Cy n in X m CD 5W0 z O • ao (4 5' 0 rn • 0 Xa x 0 3 CJD CD • ? 0 C) p Z V - 0 O • (D ▪ „ O ��o r CO m 3' 0 C CD O 3 siLll paervuo4 aseald V1 0 mIsib -1• 0 CD O t�D 8 3 C CD N 0 3 0 m o CD CD CD Z C CAD 0- - , - CD X Z 0 CD CZ Cn ) 01 1 A A '1 Cr.) 03 O 6i CO CO O CO O CO CO 3110d01 NOINVG luaS STAFF REQUEST ITEM Department: MIS Date: 2/1/08 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of computer for the Engineering Department. 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 time was allocated in the 2008 Capital Outlay budget. Total cost is $ 1225.16. 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: Rose Holman Date: 2/1/08 5 A C E OF- M i N N F. S O A TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director-t.7 DATE: February 1, 2008 APPLICANT: Tim Fohr, US Home Corporation RE: Minor Planned Unit Development Amendment LOCATION: Atwood Circle, Settler's Glen 8th Addition COMMENTS Lennar, a division of US Home Corporation, is requesting a minor amendment to their Settler's Glen 8th Addition Planned Unit Development (PUD) approval. The amendment would allow different home models to be constructed at the end of Atwood Circle on Lots 1 and 3, Block 2, Settler's Glen 8th Addition than were approved. The final PUD was approved by adoption of Resolution 2005 -170. Condition 1 of that resolution requires the home on Lot 13 of the preliminary plat (Lot 1, Block 2 of final plat) to be a one story "prairie" style. A two story "farmhouse" style is requested. The home on Lot 15 (Lot 3, Block 2) must be a "homesteader" style. A "colonist" style is requested. Specific details are described in the attached planning report. ALTERNATIVES 1. Approve the PUD amendment as requested. If the Council chooses this alternative, the attached Resolution of Approval could be adopted. 2. Approve the PUD amendment in part. If the Council chooses this alternative, staff would bring back the appropriate resolutions and documents for formal approval at the next City Council meeting. 3. Deny the PUD amendment request. If the Council chooses this alternative, staff would bring back a resolution of denial and findings of fact at the next City Council meeting. Settler's Glen 8"' Add February 1, 2008 Page 2 of 2 4. Table the request until the February 19, 2008 City Council meeting. The 60 day review deadline for the application is February 19, 2008. RECOMMENDATION The Planning Commission considered the amendment request on January 14, 2008. They found it to be acceptable and recommended approval as requested. attachment: Resolution of Approval Planning Report RESOLUTION NO. 2008- A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PERMIT AMENDMENT AND AN AMENDMENT TO THE DEVELOPMENT AGREEMENT ADDENDUM FOR SETTLER'S GLEN 8TH ADDITION CASE NO. 08-03 WHEREAS, US Home Corporation requested and received approval for both the Final Planned Unit Development permit and final plat for Settler's Glen 8th Addition on August 2, 2005 pursuant to Resolution 2005 -170; and WHEREAS, Condition 1 of Resolution 2005 -170 specifies the home design required for Lot 13 and Lot 15 of the preliminary plat (final platted as Lots 1 and 3, Block 2, Settler's Glen 8th Addition); and WHEREAS, on August 16, 2005 the City Council approved the development agreement addendum for Settler's Glen 8th Addition, which incorporated Resolution 2005 -170 conditions by reference; and WHEREAS, US Home Corporation has submitted a request to the City of Stillwater for an amendment to the Planned Unit Development permit, Resolution 2005- 170 and development agreement addendum to allow different home designs than are required by Condition 1 of Resolution 2005 -170; and WHEREAS, on January 14, 2008 the Planning Commission held a public hearing to consider the requested amendments, at which hearing the Planning Commission recommended approval of the request; and WHEREAS, on February 4, 2008 the City Council of the City of Stillwater held a public hearing to consider the requested amendments and found them to be in keeping with the approved Concept Planned Unit Development permit issued for Settler's Glen and to be compatible with the environs of the two lots in question. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested amendments to Resolution 2005 -170, the Final Settler's Glen 8`h' Addition PUD Permit Amendment Page 2 of 2 Planned Unit Development permit and the development agreement addendum with the following conditions: 1. The home on Lot 1, Block 2, Settler's Glen 8th Addition shall be either a model referred to by US Home Corporation as their "Prairie" model or it may be Elevation C of their "Farmhouse" model. 2. The home on Lot 3, Block 2, Settler's Glen 8th Addition shall be either a model referred to by US Home Corporation as their "Homesteader" model or it may be Elevation B of their "Colonist" model. Enacted by the City Council of the City of Stillwater, Minnesota this 4th day of February, 2008. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Planning Report DATE: February 1, 2008 CASE NO.: 08 -03 APPLICANT: Tim Fohr, US Home Corporation REQUEST: Minor Planned Unit Development Amendment LOCATION: Atwood Circle COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: CCR - Cove Cottage Residential PLANNING COMMISSION HEARING: January 14, 2008 PREPARED BY: Bill Turnblad, Community Development Director -D' 1 BACKGROUND Settler's Glen was approved as a Planned Unit Development in 2000. Since that date each phase of development was approved individually with final plat resolutions and development agreements. Settler's Glen 8th Addition was approved with Resolution 2005 -170 and the development agreement referenced the conditions of approval from this resolution. One of the concerns for the 8th Addition was that the three homes on the end of Atwood Circle jutted out into the nature preserve area along Brown's Creek. Consequently any homes on these three lots would have an impact upon the views and experience of hikers on the abutting trails. To minimize this impact the design of each of these three homes was specified in the resolution of approval. The home on Lot 2, Block 2 is already constructed and is consistent with the condition dictating home style. The other two lots are still vacant. The home on Lot 1 was required by resolution to be a walkout "prairie style" home. The home on Lot 3 was to be a "homesteader style" home. US Home Corporation no longer builds the "prairie style" home. And, if the "homesteader style" home is built on Lot 3, a deck could not be constructed without a Settler's Glen 8th Addition PUD Amendment Page 2 setback variance. Therefore, the developer is requesting a minor amendment to their PUD to allow them to build different styles of homes on these two lots. SPECIFIC REQUEST US Home Corporation is requesting a minor amendment to their Planned Unit Development to allow different house styles on Lots 1 and 3, Block 2, Settler's Glen 8th Addition than were approved with Final Plat Resolution No. 2005 -170. EVALUATION OF REQUEST Lot 1 The proposal for Lot 1 is to construct a house that US Home Corporation calls the Farmhouse model. Elevation C as seen in the attached colored rendering is the home being proposed. This would be in place of the one story Prairie model that was approved for the lot. • The neighboring lot to the west (Lot 2) already has a Farmhouse model constructed on it, though it has a D elevation. Both the C and D elevations can be seen in the attached rendering. • Given the orientation of Lots 1 and 2, the view from the cul -de -sac will not be as monotonous as it could have been if the same model home were built next to each other on lots located along a straight stretch of street, or even along a standard arrangement of pie shaped lots around a cul -de -sac. This can be seen in the attached sketch that shows both building plans side by side (last attachment of the report). • The unusual lot arrangements on the cul -se -sac as well as the slightly different elevations of the homes, probably present an acceptable amount of streetscape variety. • The one story Prairie model that was required on this lot originally was intended to soften the impact of the home on the surrounding Brown's Creek natural area. As can be seen in the attached location map, Lots 1 -3 jut out into the nature area. Of specific concern was the impact of these homes on views from the abutting trail. A one story home on this end lot was considered better than the larger impact of a two story home. • There is no doubt that the proposed two story house will have a greater massing presence on the trail than the approved one story house. The Planning Commission found that a two story home on Lot 1 would none - the -less not be much of a change, since anyone using the trail would already be walking by a row of two story houses. Consequently, what real difference would one more two story house make? If the change is not acceptable to the City Council, US Home Corporation would likely have to sell the lot to a different builder, since they no longer construct a single level house. Settler's Glen 8th Addition PUD Amendment Page 3 Lot 3 The proposal for Lot 3 is to construct a Colonist model house with the B elevation seen in the attached color rendering. This would be in place of the Homesteader model that was approved with the final plat. Both home models are two story buildings. • As seen in the attached survey for Lot 3, a 12 foot by 12 foot deck on the approved model would encroach into the required 25 foot rear yard setback area by about 5 feet. If the owner of the home wants to construct a deck, it would be a smallish deck unless the City was to grant the owner a variance. This situation is already rather common in the Settler's Glen neighborhoods. None the less, US Home Corporation is proposing to construct a Colonist model home on the lot in order to provide much more room for a rear yard and a conforming deck. • The height of the Colonist and Homesteader models are essentially the same. In addition, the Colonist would be set further back from the nature area trail. So it would have less of an impact than the Homesteader. • The proposed driveway for the Colonist is too wide at the front property line. This will have to be changed before a building permit application is submitted for the lot. In the CCR zoning district a driveway can only be 14 feet wide at the front lot line. ALTERNATIVES 1. Approve the PUD amendment as requested. 2. Approve the PUD amendment in part. 3. Deny the PUD amendment request. 4. Table the request until the February 19, 2008 City Council meeting. The 60 day review deadline for the application is February 19, 2008. RECOMMENDATION The Planning Commission unanimously recommended approval of the minor PUD amendment as requested. Attachments: Location Map Application materials December 27, 2007 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Lennar 545 Indian Mound E. Wayzata, MN 55391 RE: Settlers Glen 8th Addition PUD Amendment Dear Community Development Department, This letter is to request a minor PUD Amendment to the attached Resolution 2005 -170 concerning Settlers Glen 8th Addition. The Final Plat approval was subject to 5 conditions. The request is to amend condition #1; "The house design on Lots 13, 14 and 15 shall be as shown on attached Map A ". All of the remaining conditions set forth will remain and will be carried out by Lennar. To clarify, in the resolution the lots were designated 13, 14 and 15. Now, the same Tots are actually Lots 1, 2 and 3 (Block 2) Settlers Glen 8th Addition. We have met the conditions set fourth on Lot 2 and are requesting the approval to change the floor plans designated for Lot 1 and Lot 3. Currently, the resolution calls out for a Prairie on Lot 1 and a Homesteader on Lot 3. The issue with the Prairie is that we no longer are offering that plan. We have discontinued building the plan due to its unsuccessful past and the lack of a market for that floor plan. In regards to the Homesteader, this is a floor plan that we are still offering. We would have no issue putting a Homesteader on Lot 3 as requested in the resolution. However, this home would not allow future owners the ability to put a Deck on the home due to the 25' rear yard set back. And that will affect ones ability to use and enjoy the property. We have enclosed front elevation copies of the floor plans we are proposing for Lots 1 and 3, Block 2 in Settlers Glen 8th Addition. Also, we have noted the total height of both building as compared to the buildings set forth in the resolution. We are requesting approval to build a Farmhouse (Elevation C) floor plan on Lot 1 and a Colonist (Elevation B) floor plan on Lot 3. Copies of the floor plans and elevations are attached. Thank you very much for your time and consideration with this matter. Please feel free to contact Tim Fohr @ 612- 490 -0221 should you have any questions or need any additional information. Thank ou, Tim :.hr Lennar 545 Indian Mound E. Wayzata, MN 55391 tim.fohr @lennar.com 545 Indian Mound East Wayzata,MN 55391 • Phone: 953 - 473 -0993 • Fax: 952 - 476 -0194 LENNAR.C©M RESOLUTION 2005 -170 APPROVING FINAL PLAT FOR SETTLER'S GLEN 8TH ADDITION WHEREAS, US Homes has submitted a final plat for Settler's Glen 8th Addition; and WHEREAS, the original planned unit development and preliminary plat for the Settlers Glen Project was approved in 2000. So far, 7 subdivision additions have been approved for all of the attached housing (160 DU's) and most of the single family lots (120 Tots). WHEREAS, the 8th Addition includes 18 single family lots. WHEREAS, the street design and lot layout has been modified to address conditions of approval of the preliminary plat. The cul de sac has been shortened and landscape added to help screen the end Tots from the Brown's Creek Nature Area and trail system and the residential building design for Lots 13, 14 and 15 have been predetermined to reduce the visual impact of the residences and provide lowered roof line and articulated rear building elevations; and WHEREAS, the most prominent point unit is a one -story walkout "prairie style" residence recognizing the natural setting. The residences on Tots 14, and 15 are two -story designs with walkout typical of Settlers Glen residential development. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby approves the final plats for Settler's Glen 8th Addition subject to all of the following conditions: 1. The house design on Lots 13, 14 and 15 shall be as shown on attached Map "A ". 2. The color of the residences on Lots 13, 14 and 15 shall be earth tones and provide for review when building permits are issued. 3. The landscape plan, trail system and nature area posting as shown on Map "A" shat be installed before 8th Addition building permits are issued. 4. The City Engineer shall approve all ponding area plans before final plat recording. 5. All trail improvements for the 8th Addition and earlier additions shall be installed and completed before any 8th Addition building permits are issued. Adopted by Council this 2nd day of August, 2005. Diane F. Ward, City Clerk y imble, ayor •r Q J J U 0 0 E-4 0 X stk e • L �T \ 3 : AI •mil II L Et `L0 ?sno - -- d • a • k • FRONT, EL Q N ATWOOD CIRCLE SKETCH For LMNNAR I n 1 ITI ^T /\ lJ lJ I L_v I S86 °35'38 "E 125.75 -1E)i-CenSeCQ 886 Scale: 1"=30' 60.56 __ -- N82 °48'42., W 8S r\-T. r) L_V I z_ \,A /'Anl—r- • Page 2 of 2 James R. Hill, Inc. £R-MO 'OM .LOarO&Id I2 /1 Q -.8Z EN E muu U U L u U f9191MTI "11fififi.• rrR.�.:r- gxrc-m111= .4/I 5•, ®1 Go 171-171 -41 1 /1T 4 L_ \_J I `r \/A('AF\IT V /-\ v r\ I N 1 ATWOOD CIRCLE SKETCH For LE N•NAR 1\-C G R!6 p -6 124.52 S00 °33'50 "E S64 °43'23 "W� /�" 22.41 Scale: 1" =30' g3. 883 Page 2 of 2 James R. Hill, Inc. 4,50 &I,0 'ON l aTOad SKETCH For 1_ENNAR /--\ 1 1 nT U 1 L 1 i S86 °35'38 "E 125.75 886 Le+ / If Z,01- �. .�G BENCH MARK TOP OF SPIKE j ELEV.-598.40 CP CUT TO LF =5.40 -0\ 0 II rt 0\° ( l (MI r\- U I L_v 1°. °3A s60 £ITTGz '0N 1331' R. Hill, Inc. II ORDINANCE NO.: 991 AN ORDINANCE AMENDING STILLWATER CITY CODE §51 -5 "SNOW EMERGENCIES" The City Council of the City of Stillwater does ordain: 1. AMENDING. Section 51 -5, Subd. 5, "Calendar Parking" of the Stillwater City Code is amended by enacting subparagraph (7) as follows: "(7) After all snow has been cleared, parking is allowed on North William Street from North Street to a point 120 feet north of North Street." 2. SAVING. In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 4th day of February, 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk DRAFT: February 1, 2008 AGREEMENT FOR DEDICATION OF REAL PROPERTY CITY OF STILLWATER, MINNESOTA MAINSTREAM DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY 219 NORTH MAIN STREET STILLWATER, MN 55082 THIS INSTRUMENT DRAFTED BY: David T. Magnuson #66400 MAGNUSON LAW FIRM 333 North Main Street, Suite 202 Stillwater, Minnesota 55082 (651) 439 -9464 main (651) 439 -5641 fax AGREEMENT FOR DEDICATION OF REAL PROPERTY AND MUNICIPAL INDUSTRIAL DEVELOPMENT THIS AGREEMENT is entered into between and among the CITY OF STILLWATER, a Minnesota municipal corporation (the "City ") and MAINSTREAM DEVELOPMENT, LLC, a Minnesota limited liability company, 219 North Main Street, Stillwater, MN 55082 ( "Mainstream "). In consideration of their mutual promises and undertakings the parties to this Agreement agree as follows: ARTICLE I BACKGROUND: FINDINGS: DEFINITIONS 1.1. The lumber industry was a significant economic presence in the City since 1843, however, shortly after the turn of the century, the industry began a steady decline that has had a negative effect on the economic health of the City. Maple Island Dairy occupied a site in the Central Downtown Business District of the City where they stored, warehoused and distributed diary and powdered milk products to the public and to lumber camps and were the last remaining lumber related industry to provide this product in the Central Business District. Because of site restraints and the changing nature of the Downtown area, Mainstream, as current owners of a part of the site, propose to demolish remnants of the Maple Island Dairy site and to construct an office building on the parcel. 1.2. Mainstream and the City have found however that part of the site proposed for Development is encumbered by an easement in favor of the City for parking purposes (the "Easement "). The Easement was conveyed to the City in exchange for a 20 ft wide parcel of land adjacent to the parcel proposed for Development, lying between the Development project and adjacent Water Street; the exchange having been made to further and make feasible the earlier Development by the Developers of other parts of the Maple Island Dairy site; and in order to facilitate and make feasible the present development, it is necessary for the City to release and vacate the rights it has heretofore enjoyed in the parking Easement; and that the public interest requires that a clear benefit accrue to the City in exchange for the release of parking Easement rights. 1.3. The City and Mainstream have found that from time to time and with increasing frequency, crowds of tourists visit the Downtown District and that the availability of public restrooms to accommodate tourists is not adequate and this shortage discourages further development of the Downtown District as a tourist destination and that the construction and dedication of public restrooms in the present project would be adequate considerate for the release of parking easement rights; and 1.4. The City has found that without the public restrooms that are contemplated by this Agreement, the public would be greatly inconvenienced and the health, safety and welfare of the citizens of the City would be threatened. 1.5. The City has found that the continued viability of the tourist industry is vital to the economic life of the City. The City has found and determined that substantial public benefit as contemplated by this Agreement is equally vital to the economic life of the City. The City has also found and determined that the construction and dedication of the restroom facility contemplated by this Agreement will serve the public purpose underlying the City's policy of protecting and preserving public health, safety and general welfare of its citizens. 1.6. The parties to this Agreement concur in the findings expressed in Sections 1.1 to 1.5. 1.7. Definitions. For the purposes of this Agreement the terms defined in this section have the meanings given them. a. "City" means the City of Stillwater, Minnesota. b. "Mainstream" means Mainstream Development, LLC, a Minnesota limited liability company, 219 North Main Street, Stillwater, MN 55082, its successors and assigns. c. "New Project" means the "Office Site" at 227 North Main Street described in Exhibit "A." d. "Parking Easement" means the Easement owned by the City and described in the attached Exhibit `B." e. "Public Restrooms" means the facilities depicted and specified and attached hereto as Exhibit "C" and Exhibit "E." f. Terms defined in other sections of this Agreement have the meanings given them by those sections. 1.8. Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: a. Exhibit "A" — Legal description of the New Project Site b. Exhibit "B" — The Parking Easement c. Exhibit "C" — Legal description of the Public Restroom Site d. Exhibit "D" —Resolution Vacating the Parking Easement 2 e. Exhibit "E" — Description of Improvements ( "Improvements "). f. Exhibit "F' — Deed of Dedication. 1.9. Rules of Interpretation. a. This Agreement is to be interpreted in accordance with and governed by the laws of the State of Minnesota, including but not limited to Minnesota Statutes, Chapter 645. b. The words "herein" and "hereof' and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. c. References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. d. Titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and are to be disregarded in construing or interpreting its provisions. ARTICLE II REPRESENTATIONS AND UNDERTAKINGS 2.1. By the City. The City makes the following representations as the basis for its undertakings in this Agreement: a. The City is authorized by law and its charter to enter into this Agreement and to carry out its obligations hereunder; b. The activities of the City contemplated by this Agreement are undertaken for the purpose of stimulating economic development and public restroom facilities in the City. Nothing in this section is to be construed as a representation by the City (i) that the City will offer public assistance or funds for the New Project or for any other purpose; or (ii) that the City has made or makes by this Agreement any judgment or offers any opinion to the creditworthiness of Mainstream for the purposes of Mainstream's debt financing or equity financing or for any purpose other than carrying out the City's legally authorized power to stimulate economic development and create a public restroom facility in the City. 2.2. By Mainstream. Mainstream makes the following representations as a basis for its undertakings under this Agreement: a. Mainstream has the legal authority and has been authorized by appropriate action of its Board of Directors to enter into this Agreement and to carry out its obligations hereunder. 3 b. Mainstream has applied or will apply for and obtain in a timely manner all required permits, licenses and approvals necessary for the conduct of its activities at the New Site so as to be fully able under local, state and federal laws to begin its operations on the Date of Closing as defined in this Agreement or as soon thereafter as is reasonably practicable. c. Mainstream has made the necessary financial arrangements to enable it to develop the property as contemplated by this Agreement. d. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which Mainstream is now a party or by which Mainstream is bound, or constitutes a default under any of the foregoing. ARTICLE III EXCHANGE 3.1. Subject to the terms and conditions of this Agreement, Mainstream shall convey to the City and the City shall acquire and accept from Mainstream that real property described in Exhibit "C ", together with all improvements thereon and all rights, privileges, easements and licenses relating thereto described in Exhibit "E ", and the City shall convey to Mainstream and accept from the City the Resolution vacating the Parking Easement in the form of Resolution attached as Exhibit "D". The exchange will take place at the closing. ARTICLE IV CONSIDERATION, PAYMENT AND CLOSING DOCUMENTS AND CONDITIONS PRECEDENT 4.1. Improvements Construction/Indemnification. Prior to Closing, Mainstream shall cause to be constructed on the New Project Site, as described in Exhibit "C ", along with any necessary accessory structures and site improvements as described on Exhibit "E" ( "Improvements "). The Improvements shall be constructed in the name of and shall be owned by Mainstream until the closing. Mainstream agrees to defend, indemnify and hold harmless the City from any liability whatsoever that the City incurs as a result of the City's participation in contracting for the design and completion of the construction of the Improvements. Construction of the Improvements will commence no later than , 20_ , or such later date as is agreed to in writing by the parties (the "Starting Date "). Failure by a party to satisfy a condition contained in Section by the Starting Date shall be a default by that party under this Agreement. Mainstream shall provide the necessary design plans in a timely manner to allow construction of the Improvements to be commenced according to the terms of this Section. Upon start of construction, each party shall be deemed to have waived any condition that has not been satisfied. 4 4.2. Closing. Mainstream shall prepare and deliver at Closing in form reasonably acceptable to the City (unless otherwise provided): a. A Dedication Deed ( "Deed ") in the form attached as Exhibit "F', without any exceptions, duly executed and acknowledged, which conveys the restroom to the City, along with any documents, including a Seller's Affidavit, necessary to record the deed; excepting only a right of reverter to the effect that if the City fails to maintain the public restrooms for any period of six (6) months or longer, all right, title and interest will revert to Mainstream, their heirs or assigns; b. Affidavit from Mainstream stating its United States taxpayer identification number for federal income tax purposes; c. Instruments and documents creating a Common Interest Community ( "CIC ") that establish the Restroom Site described in Exhibits "C" and "E" as a separate unit. 4.3. Conditions Precedent. The following shall be conditions precedent to each party's obligations hereunder: a. Representations and warranties contained herein are true and correct as of the Closing Date and the Mainstream shall have performed its covenants contained herein; b. Mainstream must be able to procure a commitment for an ALTA Owner's Policy of Title Insurance from a title company in the amount of the consideration being paid or transferred by the City, free and clear of all matters, encumbrances and survey exceptions other than standard exceptions. In the event any exceptions other than standard exceptions shall show (or purport to be shown) in the Policy of Title Insurance if the same results from any voluntary action by Mainstream, or if the same may be removed solely by payment of money, Mainstream shall cause such exceptions to be removed. With regard to any additional exceptions other than standard exceptions, if Mainstream fails to remove the same within the time allowed for Closing, the City shall have the right to terminate this Agreement as the sole and exclusive remedy; c. Mainstream shall have obtained the financing necessary to carry out this exchange, from whatever source, and satisfied all conditions relating to the financing. d. The condition of the finished public restrooms as reflected in any building inspector's report shall be acceptable to the City in its sole discretion. e. Approval of the terms and conditions of the covenants and restrictions that obligate the Restroom Unit to pay, in a timely manner, common area expenses attributable to the heating and cooling of the Unit and limits the CIC Association from imposing any other condition or charge upon the Unit. 5 If the preceding conditions (a) through (c) are not satisfied on or before the Starting Date, or, in the case of conditions (b) and (d), on or before the Closing Date, this Agreement shall be null and void unless the parties mutually agree otherwise in writing and the nondefaulting party shall be entitled to a refund of its entire earnest money deposit from the defaulting party, and neither party shall have any liability to the other. 4.4. Insurance. Mainstream shall insure the Improvements during construction and thereafter until conveyance to the City. In the case of damage to the Improvements prior to conveyance to the City, Mainstream shall apply insurance proceeds to repair the damage. 4.5. Utilities/Real Estate Taxes/Assessments. Final readings and final billings for utilities will be made if possible as of the Closing Date. Mainstream shall pay all outstanding amounts due on the property being conveyed as of such time. If final readings and billings cannot be obtained as of Closing, the final bills when received shall be prorated based upon the number of days Mainstream owned the property in the final billing period. Pending or levied special assessments due and payable in the year of Closing and future years and all other current expenses of operation of the property being conveyed shall be paid by Mainstream through closing. Mainstream shall pay all real estate taxes on the property being conveyed due in the years prior to the year of Closing. Real estate taxes payable in the year of Closing shall be prorated as of the Closing Date. ARTICLE V WARRANTIES 5.1. Mainstream's Warranties, Etc. Mainstream hereby represents, warrants and covenants (which warranties, representations and covenants shall survive the Closing Date) that, as of the date of this Agreement and as of the Closing Date, the following are true and correct: a. Mainstream has full power and authority to enter into and perform this Agreement in accordance with its terms; b. Mainstream has, or will prior to the Closing, acquire good, insurable and marketable title in fee simple to all of the property being conveyed by it pursuant to this Agreement; c. Mainstream has not received any notice or communication from any governmental entity indicating that a condition exists with respect to the property being conveyed by it or with respect to the improvements thereon which violates any city, county, state or federal law, ordinance, regulation, or code; d. The property being conveyed by it is not subject to any outstanding agreements(s) of sale, options(s) or other right(s) of third parties to acquire any interest therein; except as set forth in this agreement; e. There is no litigation or proceeding pending or, to Mainstream's knowledge, threatened against or relating to any of the property being conveyed by it, nor does 6 Mainstream know or have reasonable grounds to know of any basis for any such action, and Mainstream hereby agrees to indemnify the City, hold it harmless, and protect and defend it from and against any and all claims, demands, damages, losses, liens, liabilities, actions, causes of action, and other proceedings of any nature, together with all costs and expenses thereof (including, without limitation, reasonable attorney's fees and court costs) resulting directly or indirectly in any manner from such litigation; f. There are no substances located, stored, used or disposed of on the property being conveyed which are listed as "hazardous" or "toxic" in the Comprehensive Environmental Response Compensation Act, 42 USC §9601, et seq., the Resource Conservation Recovery Act, 42 USC §6901, et seq., or any other federal, state or local law regulating toxic or hazardous substances or any petroleum, including crude oil or any fraction thereof, natural gas or synthetic gases; and to the best of the Mainstream's knowledge, there have been no such substances on the property being conveyed. g. Mainstream is not a "foreign person" within the meaning of § 1445, et seq. of the Internal Revenue Code of 1986, as amended; and h. The property being conveyed contains no wells or underground storage tanks to the best knowledge and belief of Mainstream, and there are no individual sewage treatment systems on or serving the property to be conveyed. ARTICLE VI DEFAULTS: REMEDIES 6.1. Events of Default Defined. The following are Events of Default under this Agreement and the term means whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: a. Failure by Mainstream to observe and substantially perform any covenant, condition, obligation or agreement on their part to be observed or performed hereunder, which failure continues uncured for 30 days after written notice given as provided in this Agreement or, if the failure cannot be cured within 30 days, the failing party does not provide assurances reasonably satisfactory to the other party that the failure will be cured as soon as reasonably possible; b. Mainstream admits in writing its inability to pay its debts generally as they become due, or files a petition in bankruptcy, or makes an assignment for the benefit of its creditors, or consents to the appointment of a receiver of itself or of the whole or any substantial part of the New Project site; c. Mainstream files a petition under the federal bankruptcy laws; d. Mainstream, on a petition in bankruptcy filed against it, is adjudicated a bankrupt, or a court of competent jurisdiction enters an order or decree appointing, without 7 the consent of Mainstream, a receiver of Mainstream or of the whole or substantially all of its property; or approves a petition filed against Mainstream seeking reorganization or arrangement of Mainstream under the federal bankruptcy laws, and such adjudication, order or decree is not vacated or set aside or stayed within 60 days from the date of entry thereof; e. If Mainstream is in default under any mortgage on the property being conveyed and the mortgagee has accelerated the payment of the underlying obligation following any notice and lapse of any applicable cure period; f. An Event of Default occurs under this Development Agreement and continues uncured for 30 days after written notice given to the defaulting party or, if the default cannot be cured within 30 days, the defaulting party does not provide assurances reasonably satisfactory to the other party that the default will be cured as soon as reasonably possible; g- A material representation made by Mainstream or the City in this Agreement proves to be untrue in any material respect when made. 6.2. Remedies on Default. When an Event of Default occurs, the non - defaulting party may, in addition to any other remedies or rights given under this Agreement take any one or more of the following actions: a. Suspend its performance under this Agreement until it receives assurances from the defaulting party, deemed reasonably adequate by the non - defaulting party, that it will cure the default and continue its performance under this Agreement; b. Cancel and rescind or terminate this Agreement; c. Take whatever action at law or in equity may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement; and d. Withhold building permits or certificates of occupancy on anyUnit during any phase of construction. 6.3. No Remedy Exclusive. A remedy herein conferred upon or reserved to a party is not intended to be exclusive of any other available remedy or remedies, but each and every such remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. A delay or omission to exercise any right or power accruing upon any default does not impair any such right or power, and such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or Mainstream to exercise any remedy reserved to them, it is not necessary to give notice, other than the notice required in this Article VI. 6.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by a party and thereafter waived by another 8 party, such waiver is limited to the particular breach so waived and may not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE VII MISCELLANEOUS 7.1. Conflict of Interests; Representatives Not individually Liable. A City officer who is authorized to take part in any manner in making this Agreement in his or her official capacity may not voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. A member, official, or employee of the City will not be personally liable to Mainstream, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Mainstream or its successor or on any obligations under the terms of this Agreement. 7.2. Agreement Recorded. This Agreement runs with the Downtown Site and the New Site and shall be recorded by the City in the Office of the Washington County Recorder. 7.3. Non - Discrimination. The provisions of Minnesota Statutes, section 181.59, which relate to civil rights and non - discrimination, and any affirmative action program of the City are a part of this Agreement and binding on Mainstream as though fully set forth herein. 7.4. Amendment. This Agreement may be amended by the parties only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. 7.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which will constitute one and the same instrument. 7.6. Governing Law. This Agreement is governed by the Law of the State of Mumesota. 7.7. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other party will be sufficiently given or delivered if it is sent by certified or registered mail, postage prepaid, return receipt requested or delivered personally or sent by United States mail/facsimile, electronic mail transmission: a. As to the City: City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Attn: Larry D. Hansen, City Administrator b. As to Mainstream: Mainstream Development, LLC 219 North Main Street 9- Stillwater, MN 55082 Attn: Vern Stefan 7.8. Waiver; Integration. a. Nothing in this Agreement may be changed without the other party's written permission, which permission may not be unreasonably withheld or delayed. b. This Agreement takes the place of any previous written or oral communication between the City and Mainstream with regard to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this day of (SEAL) , 2008. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) CITY OF STILLWATER By Ken Harycki, Its Mayor and Diane F. Ward, Its City Clerk MAINSTREAM DEVELOPMENT, LLC By Laverne D. Stefan Its The foregoing instrument was acknowledged before me this day of 2008, by Ken Harycki and Diane F. Ward, Mayor and Clerk, respectively, of the CITY OF STU.LWATER, a municipal corporation in the State of Minnesota, on behalf of the City of Stillwater. Notary Public -I0- STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2008, by LAVERNE D. SEAN, duly authorized agent of MAINSTREAM DEVELOPMENT, LLC, a Minnesota limited liability company. Notary Public This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651/439 -9464 TABLE OF CONTENTS Exhibit "A" — Legal description of the New Project Site Exhibit `B" — The Parking Easement Exhibit "C" — Legal description of the Public Restroom Site Exhibit "D" — Letter of Credit/Resolution Vacating the Parking Easement Exhibit "E" — Description of Improvements ( "Improvements ") EXHIBIT "A" LEGAL DESCRIPTION OF THE NEW PROJECT SITE The legal description to be provided by Project Developer. EXHIBIT `B" THE PARKING EASEMENT PARKING EASEMENT s7 THIS INDENTURE made this 3 / day of December, 1996, by and between MAINSTREAM DEVELOPMENT PARTNERSHIP, a Minnesota Partnership, ( "Grantor "), and the CITY OF STILLWATER, a Municipal Corporation of the State. of Minnesota, ( "City "). RECITALS A. Grantor is the owner of land, (the "Property ") located in the City of Stillwater, County of Washington, State of Minnesota, legally described as set forth on Exhibit "A" attached hereto. B. The City desires to obtain an easement for public parking over a portion surface parking lot on the part of the Property described in Exhibits "A" and "B" attached hereto, (the "Parking Area "). NOW, THEREFORE, in consideration of the mutual covenants contained herein, Grantor grants to the City: 1. Non - Exclusive Possession of Parking Area. City shall have non - exclusive use of the parking spaces located in the improved, surface parking lot in the "Parking Area" between the hours of 6:00 p.m. and 5:00 a.m., Monday through Friday, between the hours of 6:00 p.m. Saturday until 8:00 a.m. Sunday, after 3:30 p.m. on Sunday until 5:00 a.m. Monday and any National Holiday. At all other times, exclusive use of the Parking Area is reserved in the Grantor. 2. Use. City is permitted to use the Parking Area, for public parking and for law enforcement purposes for the benefit of the Grantor and the Public subject to the following conditions: A. Signage. The City must, at its sole expense and subject to the approval of the Grantor, design and install signage that clearly identifies the Public Use Periods provided for by•this Easement. B. Insurance. City must maintain comprehensive liability insurance, naming Grantor as an Additional Insured in an amount equal to at least $600,000.00 per occurrence (combined single limits) for the use of the Parking Area by the City and the Public. C. Indemnity. the City hereby indemnifies, defends and saves Grantor and its employees, agents, insurers, assigns, and affiliated partnerships and corporations harmless from and against all claims, actions, costs (including without limitation reasonable attorney's fees and costs and witnesses' fees and costs) or damages of every kind and description (including without limitation claims for property damage or personal injury), fees, judgments, expenses, liabilities, liens, and suits, known or unknown, liquidated or unliquidated, which accrue to or • are suffered by any person or property resulting from acts or omissions of the Public and the City, its employees, agents, and licensees in connection with the use of the Parking Area. D. Term. This Easement and the rights and covenants contained herein is perpetual and shall run with and bind the land. 3. Notices. Any notices relating to the Easement must be in writing and will be deemed delivered when personally served or when sent by first class certified mail, return receipt requested, served or addressed as follows: If to the City: Steve Russell City of Stillwater 216 North Fourth Street Stillwater, MN 55082 If to the Grantor: Mainstream Development Partnership 212 North Main Street Stillwater, MN 55082 or to such other address as either party may designate. 4. Governing Law. This Easement will be governed by Minnesota Law. MAI S ' AM DEV . I P ■■ NT PARTNERSHIP #14.4eLA. —a_Aties 2 CITY OF STILL TE ayo ATTEST: Mori eldon, Its Clerk STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON) ss: Subscribed and sworn to before me this 15 thday of January, 1997, by Leverne D. the_artner ,andby Am v Stefan ,the of Mainstream Development Partnership. Partner Notary Public Stefan, STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON) ss. Subscribed and sworn to before me this as-3" day of January, 1997, by Jay L. Kimble, Mayor, and Morli Weldon, Clerk, of the City of Stillwater. Instrument drafted by: David T. Magnuson ( #66400) Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439 -9464 Notary Public 3 f DIANE F. WARD NOTARY PUBLIC - MINNESOTA WASHINGTON COUNTY My Comm. Expkro Jon. St 2000 LEGAL DESCRIPTION The North 85 feet of that of Block 18 of the Original Town, (now City) of Stillwater according to the corrected plat thereof lying West of Water Street, East of Main Street and South of Mulberry Street. EXHIBIT "A" EXIT "C" LEGAL DESCRIPTION OF TILE PUBLIC RESTROOM SITE To be created as part of the Common Interest Community ( "CIC ") to be created by the Developer for the project. EXHIBIT "D" RESOLUTION NO. 2008 —__ RESOLUTION VACATING PARKING EASEMENT WHEREAS, a Petition was presented praying for vacation of the Parking Easement between Mainstream Development Partnership, a Minnesota Partnership and the City of Stillwater, Minnesota hereinafter described; and, WHEREAS, the City Council did determine that the Petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that it was proper for them to proceed with the vacation pursuant to Minnesota Statutes §440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council did on the — day of , 2008, determine that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interests of the City of Stillwater and the abutting owners. NOW, '1'liEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Petition be and the same is hereby granted, and that the Parking Easement be and the same hereby is vacated: The North 85 feet of that part of Block 18 of the Original Town, (now City) of Stillwater, according to the corrected plat thereof lying West of Water Street, East of Main Street and South of Mulberry Street. BE IT FURTHER RESOLVED, that a copy of this Resolution duly certified by the City Clerk shall be recorded in the office of the County Recorder of Washington County, Minnesota. Adopted by affirmation vote of all members of the City Council this day of , 2008. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk �7 m (1) 0 EXHIBIT "E" DESCRIPTION OF IMPROVEMENTS ( "IMPROVEMENTS") '" 1 1 I I I I 1 l 1 I 1 1 1 1 1 1 ti fl-FIE Ifni-Nil * IL 5 3 .--2.. NITag tile d-E 1°1 14 a:I" il Itill kiv 7: so..--s ^ NON :a.O n ag �� a a 3 * a N a EXIT "F" DEDICATION DEED THIS INDENTURE, between The City of Stillwater, Mainstream Development, LLC (the "Grantor") and The City of Stillwater, a Minnesota municipal corporation, (the "Grantee "). WITNESSETH, that the Grantor, in consideration of the sum of One Dollar ($1.00), the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Washington and State of Minnesota, described as follows, to--wit (such tract or parcel of land is hereinafter referred to as the "Property"): Legal Description Provided: SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions and restrictions of an Agreement entered into between the Grantor and Grantee on the day of , 2008, identified as the "Dedication Agreement" (hereinafter referred to as the "Agreement "). SECTION 2. In the event the Grantee herein fails or abandons use of the property as public restrooms, and abandonment or suspension not be cured, ended or remedied within six (6) months after written demand from the Grantor to the Grantee to do so, then the Grantor shall have the right to re -enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee. SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that Grantee and such successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in the Agreement; and (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental or in the use of occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land and that they shall, in any event and without regard to technical classification or designation, legal or otherwise, except only as otherwise specifically provided in this Deed, be binding to the fullest extent permitted by law and equity for the benefit and in favor of and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property or any part thereof or any interest therein and any party in possession or occupancy of the Property or any part thereof. SECTION 4. This Deed is also given subject to: (a) Provision of the Ordinances, Building and Zoning Laws of the City of Stillwater, State and Federal laws and regulations insofar as they affect this real estate. (b) Taxes payable subsequent to the date of this conveyance. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its and and has caused its corporate seal to be affixed this day of , 2008. MAINSTREAM DEVELOPMENT, LLC By Laverne D. Stefan Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2008, by LAVERNE D. STEFAN, duly authorized agent of MAINSTREAM DEVELOPMENT, LLC, a Minnesota limited liability company. Notary Public AWARD: SALE: Springsted 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 $1,445,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2008A (BOOK ENTRY ONLY) WELLS FARGO BROKERAGE SERVICES, LLC February 4, 2008 Moody's Rating: Aa3 Bidder WELLS FARGO BROKERAGE SERVICES, LLC UNITED BANKERS' BANK HARRIS, N.A. BOENNING & SCATTERGOOD NORTHLAND SECURITIES RBC CAPITAL MARKETS CRONIN & COMPANY, INC. UBS SECURITIES LLC Interest Rates 3.00% 2009 -2014 3.25% 2015 -2016 2.80% 2009 -2016 3.125% 2009 -2013 3.25% 2014 -2015 3.50% 2016 Price Net Interest True Interest Cost Rate 3.00% 2009 -2014 3.25% 2015 -2016 2.00% 2009 2.15% 2010 2.35% 2011 2.55% 2012 3.00% 2013 -2015 3.15% 2016 2.10% 2009 2.20% 2010 2.375% 2011 2.50% 2012 2.70% 2013 2.875% 2014 3.00% 2015 3.125% 2016 3.00% 2009 -2012 3.25% 2013 -2016 $1,462,388.70 $1,442,471.25 $1,468,461.25 $1,455,820.70 $1,440,696.13 $192,636.09 2.8285% $191,495.30 2.8410% $196,715.07 2.8797% $199,204.09 2.9340% $198,549.21 2.9400% $1,435,583.85 $199,174.41 2.9564% $1,458,980.70 $201,170.13 2.9588% (Continued) Public Sector Advisors 1 Bidder Interest Net Interest True Interest Rates Price Cost Rate UMB BANK, N.A. ROBERT W. BAIRD & COMPANY INCORPORATED 2.35% 2009 $1,437,644.95 $199,995.66 2.9680% 2.45% 2010 2.55% 2011 2.65% 2012 2.75% 2013 2.85% 2014 3.00% 2015 3.10% 2016 3.00% 2009 -2012 $1 ,458,612.50 $205,618.40 3.0229% 3.25% 2013 -2015 3.50% 2016 REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 3.00% 2009 2.05% 3.00% 2010 2.25% 3.00% 2011 2.35% 3.00% 2012 2.45% 3.00% 2013 2.625% 3.00% 2014 2.75% 3.25% 2015 2.90% 3.25% 2016 3.00% BBI: 4.39% Average Maturity: 4.670 Years Subsequent to bid opening, the issue size was not changed. 1 $1,445,000 City of Stillwater, Minnesota GO Capital Outlay Bonds, Series 2008A - Post Sale Sources & Uses Dated 02/15/2008 ( Delivered 02/28/2008 Sources Of Funds Par Amount of Bonds $1,445,000.00 Reoffering Premium 24,071.45 Accrued Interest from 02/15/2008 to 02/28/2008 1,601.98 Total Sources $1,470,673.43 Uses Of Funds Deposit to Project Construction Fund 1,407,335.00 Costs of Issuance 27,550.00 Deposit to Debt Service Fund (Premium) 17,388.70 Deposit to Debt Service (Unused Discount) 10,115.00 Total Underwriter's Discount (0.462 %) 6,682.75 Deposit to Debt Service Fund.(Accrued Interest) 1,601.98 Total Uses $1,470,673.43 GO Capital Outlay Bonds, / SINGLE PURPOSE / 2/ 4/2008 / 1:00 PM Springsted $1,445,000 City of Stillwater, Minnesota GO Capital Outlay Bonds, Series 2008A - Post Sale Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price Dollar Price 02/01/2009 Serial Coupon 3.000% 2.050% 150,000.00 100.865% 151,297.50 02/01/2010 Serial Coupon 3.000% 2.250% 170,000.00 101.404% 172,386.80 02/01/2011 Serial Coupon 3.000% 2.350% 170,000.00 101.825% 173,102.50 02/01/2012 Serial Coupon 3.000% 2.450% 175,000.00 102.045% 178,578.75 02/01/2013 Serial Coupon 3.000% 2.625% 185,000.00 101.720% 188,182.00 02/01/2014 Serial Coupon 3.000% 2.750% 190,000.00 101.356% 192,576.40 02/01/2015 Serial Coupon 3.250% 2.900% 200,000.00 102.180% 204,360.00 02/01/2016 Serial Coupon 3.250% 3.000% 205,000.00 101.750% 208,587.50 Total - $1,445,000.00 $1,469,071.45 Bid Information Par Amount of Bonds $1,445,000.00 Reoffering Premium or (Discount) 24,071.45 Gross Production $1,469,071.45 Total Underwriter's Discount (0.462 %) $(6,682.75) Bid (101.203 %) 1,462,388.70 Accrued Interest from 02/15/2008 to 02/28/2008 1,601.98 Total Purchase Price $1,463,990.68 Bond Year Dollars $6,696.63 Average Life 4.634 Years Average Coupon 3.1362782% Net Interest Cost (NIC) 2.8766146% True Interest Cost (TIC. 2.8285896% GO Capital Outlay Bonds, / SINGLE PURPOSE / 2/4/2008 / 1:OO PM Springsted $1,445,000 City of Stillwater, Minnesota GO Capital Outlay Bonds, Series 2008A - Post Sale DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 08/01/2008 20,456.04 20,456.04 02/01/2009 150,000.00 3.000% 22,181.25 172,181.25 08/01/2009 - - 19,931.25 19, 931.25 02/01/2010 170, 000.00 3.000% 19, 931.25 189, 931.25 08/01/2010 - 17,381.25 17, 381.25 02/01/2011 170, 000.00 3.000% 17,381.25 187, 381.25 08/01/2011 - 14,831.25 14, 831.25 02/01/2012 175,000.00 3.000% 14,831.25 189,831.25 08/01/2012 - 12,206.25 12,206.25 02/01/2013 185,000.00 3.000% 12,206.25 197,206.25 08/01/2013 - 9,431.25 9,431.25 02/01/2014 190,000.00 3.000% 9,431.25 199,431.25 08/01/2014 - 6,581.25 6,581.25 02/01/2015 200,000.00 3.250% 6,581.25 206, 581.25 08/01/2015 - 3,331.25 3,331.25 02/01/2016 205,000.00 3.250% 3,331.25 208,331.25 Total $1,445,000.00 $210,024.79 $1,655,024.79 SIGNIFICANT DATES Dated Date 2/15/2008 Delivery Date 2/28/2008 First Coupon Date 8/01/2008 Accrued Interest from 02/15/2008 to 02/28/2008 1,601.98 Yield Statistics Accrued Interest from 02/15/2008 to 02/28/2008 1,601.98 Bond Year Dollars $6,696.63 Average Life 4.634 Years Average Coupon 3.1362782% Net Interest Cost (NIC) 2.8766146% True Interest Cost (TIC) 2.8285896% Bond Yield for Arbitrage Purposes 2.7192559% All Inclusive Cost (AIC) 3.2769568% IRS Form 8038 Net Interest Cost 2.7050420% Weighted Average Maturity 4.639 Years GO Capita/ Outlay Bonds, / SINGLE PURPOSE / 2/ 4/2008 / I:00 PM Springsted $1,445,000 City of Stillwater, Minnesota GO Capital Outlay Bonds, Series 2008A - Post Sale Post -Sale Tax Levies Date Principal Coupon Interest Total P +I 105% Overlevy Levy Amount Levy Year 02/01/2009 02/01/2010 02/01/2011 02/01/2012 02/01/2013 02/01/2014 02/01/2015 02/01/2016 150,000.00 170,000.00 170,000.00 175,000.00 185,000.00 190,000.00 200,000.00 205,000.00 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.250% 3.250% 42,637.29 39,862.50 34,762.50 29,662.50 24,412.50 18, 862.50 13,162.50 6,662.50 192,637.29 209,862.50 204,762.50 204,662.50 209,412.50 208, 862.50 213,162.50 211,662.50 202,269.16 220,355.63 215,000.63 214,895.63 219,883.13 219, 305.63 223,820.63 222,245.63 202,269.16 220,355.63 215,000.63 214,895.63 219,883.13 219,305.63 223,820.63 222,245.63 2007* 2008 2009 2010 2011 2012 2013 2014 Total $1,445,000.00 $210,024.79 $1,655,024.79 $1,737,776.03 $1,737,776.03 * A portion to be paid by a deposit to the Debt Service Fund of $29,105.68 which is comprised of unused discount of $10,115.00 premium of $17,388.70 and accrued interest of $1,601.98. The City also levied $220,000 in 2007 in anticipation of this issue. GO Capital Outlay Bonds, / SINGLE PURPOSE / 2/ 4/2008 / I.00 PM Springsted $1,445,000 City of Stillwater, Minnesota GO Capital Outlay Bonds, Series 2008A - Post Sale Settlement Report Dated 02/15/2008 1 Delivered 02/28/2008 Price $1,462,388.70 Accrued Interest from 02/15/2008 to 02/28/2008 1,601.98 Total Purchase Price $1,463,990.68 Good Faith Deposit (14,450.00) Due at Closing $1,449,540.68 GO Capital Outlay Bonds, / SINGLE PURPOSE / 2/ 4/2008 / I:00 PM Springsted $1,445,000 City of Stillwater, Minnesota GO Capital Outlay Bonds, Series 2008A - Post Sale Derivation Of Form 8038 Yield Statistics Maturity Issuance Value Price Issuance Exponent Bond Years PRICE 02/01/2009 150,000.00 100.865% 151,297.50 0.9250000x 139,950.19 02/01/2010 170,000.00 101.404% 172,386.80 1.9250000x 331,844.59 02/01/2011 170,000.00 101.825% 173,102.50 2.9250000x 506,324.81 02/01/2012 175,000.00 102.045% 178,578.75 3.9250000x 700,921.59 02/01/2013 185,000.00 101.720% 188,182.00 4.9250000x 926,796.35 02/01/2014 190,000.00 101.356% 192,576.40 5.9250000x 1,141,015.17 02/01/2015 200,000.00 102.180% 204,360.00 6.9250000x 1,415,193.00 02/01/2016 205,000.00 101.750% 208,587.50 7.9250000x 1,653,055.94 Total $1,445,000.00 $1,469,071.45 $6,815,101.64 IRS Form 8038 Weighted Average Maturity = Bond Years /Issue Price 4.639 Years Total Interest from Debt Service 210,024.79 Accrued Interest from 02/15/2008 to 02/28/2008 (1,601.98) Reoffering (Premium) or Discount (24,071.45) Total Interest 184,351.36 NIC = Interest / (Issue Price * Average Maturity) 2.7050420% Bond Yield for Arbitrage °urposes 2.7192559% GO Capital Outlay Bonds, / SINGLE PURPOSE / 2/4/2008 / I:00 FM Springsted $1,445,000 City of Stillwater, Minnesota GO Capital Outlay Bonds, Series 2008A - Post Sale Proof Of Bond Yield @ 2.7192559% Date Cashflow PV Factor Present Value Cumulative PV 02/28/2008 - 1.0000000x - 08/01/2008 20,456.04 0.9885867x 20,222.57 20,222.57 02/01/2009 172,181.25 0.9753259x 167,932.82 188,155.39 08/01/2009 19,931.25 0.9622429x 19,178.70 207,334.10 02/01/2010 189,931.25 0.9493355x 180,308.48 387,642.58 08/01/2010 17,381.25 0.9366012x 16,279.30 403,921.88 02/01/2011 187,381.25 0.9240377x 173,147.35 577,069.22 08/01/2011 14,831.25 0.9116428x 13,520.80 590,590.02 02/01/2012 189,831.25 0.8994141x 170,736.90 761,326.93 08/01 /2012 12,206.25 0.8873494x 10,831.21 772,158.13 02/01/2013 197,206.25 0.8754466x 172,643.55 944,801.68 08/01/2013 9,431.25 0.8637035x 8,145.80 952,947.48 02/01/2014 199,431.25 0.8521178x 169,938.93 1,122,886.41 08/01/2014 6,581.25 0.8406876x 5,532.78 1,128,419.19 02/01/2015 206,581.25 0.8294107x 171,340.70 1,299,759.89 08/01/2015 3,331.25 0.8182851x 2,725.91 1,302,485.80 02/01/2016 208,331.25 0.8073087x 168,187.63 1,470,673.43 Total $1,655,024.79 $1,470,673.43 Derivation Of Target Amount Par Amount of Bonds $1,445,000.00 Reoffering Premium or (Discount) 24,071.45 Accrued interest from 02/15/2008 to 02/28/2008 1,601.98 Original Issue Proceeds $1,470,673.43 GO Capital Outlay Bonds, / SINGLE PURPOSE / 2/4/2008 / I:00 PM Springsted 4^ Sharon Harrison From: GID - Moody's Investors Service [epi @moodys.com] Sent: Tuesday, January 29, 2008 12:55 PM To: Sharon Harrison Subject: Stillwater (City of) MN MOODY'S ASSIGNS Aa3 RATING TO CITY OF STILLWATER'S (MN) $1.4 MILLION GO CAPITAL OUTLAY BONDS, SERIES 2008A Aa3 RATING APPLIES TO $32.5 MILLION OF TOTAL RATED GO DEBT, INCLUDING CURRENT OFFERING Stillwater (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Capital Outlay Bonds, Series 2008A Sale Amount $1,445,000 Expected Sale Date 02/04/08 Rating Description General Obligation Unlimited Tax Aa3 NEW YORK, January 29, 2008 -- Moody's Investors Service has assigned a Aa3 rating to the City of Stillwater's (MN) $1.4 million General Obligation Capital Outlay Bonds, Series 2008A. Concurrently, Moody's has affirmed the Aa3 rating on the city's outstanding general obligation debt. The Aa3 rating affects $32.5 million of total rated general obligation debt, including the current issue. The current bonds are secured by the city's general obligation unlimited tax pledge, and debt service is to be paid with property taxes. Proceeds will be used to finance various annual capital outlay needs, including the purchase of vehicles. Assignment and affirmation of the Aa3 rating reflect the city's rapid tax base growth that is driven by annexation and redevelopment; well- managed financial operations that are expected to continue; and manageable debt burden with limited future borrowing plans. RAPID TAX BASE GROWTH DRIVEN BY ANNEXATION AND REDEVELOPMENT Located in Washington County (general obligation Aal) approximately 20 miles east of St. Paul (general obligation Aa2 /stable outlook), Stillwater's $2.3 billion tax base is growing at a healthy pace: full value increased at an average annual rate of 12% per year between 2001 and 2006, which approximates the median growth rate for Minnesota cities. Moody's anticipates that growth for this primarily residential tax base will continue, driven by annexation, new development, and redevelopment. Guided by the city's Comprehensive Plan (which provides a timeline for the city's growth) and an Orderly Annexation agreement with Stillwater Township, the city has regularly annexed surrounding acres of land for new residential and light industrial development, although officials report that the pace of annexation has slowed in recent years. Also contributing to tax base growth are numerous downtown redevelopment projects that continue despite a slowdown in new construction. Condominium development has been particularly strong in recent years, including the current construction of the Mills on Main Street condominium and office space project, which should create 260 new housing units. Due in part to annexation, population has increased in recent years: the 2006 estimated population of 17,781 was 17% greater than the 2000 population. Socioeconomic indices exceed state and national medians. WELL - MANAGED FINANCIAL OPERATIONS EXPECTED TO CONTINUE Moody's expects the city's satisfactory financial operations to be maintained given conservative management and ample reserves. The General Fund balance has grown steadily on a nominal basis in recent years, keeping pace with the overall growth in the General Fund 1. budget. The fiscal 2007 General Fund balance equaled $3.8 million, which was an increase from $3.1 million in fiscal 2003. Evidencing well managed operations, the General Fund budget consistently equals 35% to 38% of General Fund revenues. Although audited financial results are not yet available, officials report that the General Fund balance grew by $30,000 in fiscal 2007, despite a decrease in building permit revenues caused by a slowdown in new housing construction. Management projects balanced operations in fiscal 2008 despite expectations for continued declines in building permit revenues and cuts in Local Government Aid (LGA) from the State of Minnesota. Since LGA cuts began several years ago, the city has decreased its reliance on state aid and increased its revenues from local property taxes, which has reduced the city's vulnerability to fiscal pressures at the state level. In fiscal 2001, property taxes and intergovernmental aid represented 37% and 24% of operating revenues, respectively. In contrast, in fiscal 2006, property taxes and intergovernmental aid represented 62% and 13% of operating revenues, respectively. MANAGEABLE DEBT BURDEN WITH LIMITED FUTURE BORROWING PLANS Moody's believes the city's debt burden will remain affordable due to expectations of continued tax base growth and limited future borrowing plans. At 1.5% and 2.6 %, respectively, the city's direct and overall debt burdens both approximate state and national medians. The rate of principal amortization also approximates state and national averages, with 78% of all debt retired in ten years. Minnesota cities benefit from the state's statutory requirement to levy 105% of the annual debt service levy for tax - backed general obligation debt, providing excess revenues to offset property tax delinquencies. Future debt plans include issuing approximately $1.4 million in general obligation bonds each January or February to finance annual capital outlay projects, and issuing between $5.5 million and $6 million in general obligation tax increment bonds in the summer of 2008 to finance the construction of a downtown parking garage. KEY STATISTICS 2000 census population: 15,143 (a 9% increase from 1990) 2006 estimated population: 17,781 (a 17% increase from 2000) 2006 full value: $2.3 billion 2006 full value per capita: $130,875 1999 per capita income: $27,163 (117% of state) 1999 median family income: $72,188 (127% of state) 2000 median home value: $156,200 (128% of state) Fiscal 2006 General Fund balance: $3.8 million (38% of General Fund revenues) Direct debt burden: 1.5% Overall debt burden: 2.6% Principal amortization (10 years): 78% Post -sale general obligation debt outstanding: $32.5 million ANALYSTS: Rachel Cortez, Analyst, Public Finance Group, Moody's Investors Service Molly Shellhorn, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553 - Research Clients: (212) 0376 553 -1653 Copyright 2008, Moody's Investors Service, Inc. and /or its licensors and affiliates 2 r including Moody's Assurance Company, Inc. (together, "MOODY'S "). All rights reserved. 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Moody's Investors Service Pty Limited does not hold an Australian financial services licence under the Corporations Act. This credit rating opinion has been prepared without taking into account any of your objectives, financial situation or needs. You should, before acting on the opinion, consider the appropriateness of the opinion having regard to your own objectives, financial situation and needs. 3 NEW ISSUE OFFICIAL STATEMENT DATED JANUARY 21, 2008 Rating: Requested from Moody's Investors Service In the opinion of Briggs and Morgan, Professional Association, Bond Counsel, based on present federal and Minnesota laws, regulations, rulings and decisions, at the time of their issuance and delivery to the original purchasers, interest on the Bonds is excludable from gross income for purposes of United States income tax and is excludable, to the same extent, in computing both gross and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions). Interest on the Bonds is not an item of tax preference for purposes of the altemative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account for the purpose of determining adjusted current eamings for purposes of computing the federal alternative minimum tax imposed on corporations. No opinion will be expressed by Bond Counsel regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. (See °Tax Exemption" and "Other Federal Tax Considerations" herein.) $1,445,000* City of Stillwater, Minnesota General Obligation Capital Outlay Bonds, Series 2008A (Book Entry Only) Dated Date: February 15, 2008 interest Due: Each February 1 and August 1, commencing August 1, 2008 The Bonds will mature February 1 as follows: 2009 $150,000 2011 $170,000 2010 $170,000 2012 $175,000 2013 $185,000 2015 $200,000 2014 $190,000 2016 $205,000 Proposals for the Bonds may contain a maturity schedule for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. The Bonds will not be subject to payment in advance of their respective stated maturity dates. The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance 2008 capital outlay needs of various City departments. Proposals must be for not less than $1,434,885 plus accrued interest on the total principal amount of the Bonds. Proposals must be accompanied by a good faith deposit in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $14,450, payable to the order of the City. Proposals shall specify rates in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. The Bonds will be awarded on the basis of True Interest Cost (TIC). The City will designate the Bonds as "qualified tax - exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and the Bonds will not be subject to the alternative minimum tax for individuals. The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "). DTC will act as securities depository for the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased (see "Book Entry System" herein). U.S. Bank National Association, St. Paul, Minnesota will serve as registrar (the "Registrar") for the Bonds. The Bonds will be available for delivery at DTC on or about February 28, 2008. Preliminary, subject to change. PROPOSALS RECEIVED: February 4, 2008 (Monday) until 11:00 A.M., Central Time AWARD: February 4, 2008 (Monday) at 7:00 P.M., Central Time Springsted Further information may be obtained from SPRINGSTED Incorporated, Financial Advisor to the City, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101 -2887 (651) 223 -3000 For purposes of compliance with Rule 15c2 -12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the Issuer from time to time (collectively, the "Official Statement "), may be treated as an Official Statement with respect to the Obligations described herein that is deemed final as of the date hereof (or of any such .supplement or correction) by the Issuer, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Obligations, together with any other information required by law, shall constitute a "Final Official Statement" of the Issuer with respect to the Obligations, as that term is defined in Rule 15c2 -12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal therefor, the Issuer agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Obligations are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of Proposal. The Issuer designates the senior managing underwriter of the syndicate to which the Obligations are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Obligations agrees thereby that if its bid is accepted by the Issuer (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Obligations for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the Issuer to give any information or to make any representations with respect to the Obligations, other than as contained in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the Issuer. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the Issuer and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts of documents prepared by or on behalf of the Issuer have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. Any CUSIP numbers for the Obligations included in the Final Official Statement are provided for convenience of the owners and prospective investors. The CUSIP numbers for the Obligations have been assigned by an organization unaffiliated with the Issuer. The Issuer is not responsible for the selection of the CUSIP numbers and makes no representation as to the accuracy thereof as printed on the Obligations or as set forth in the Final Official Statement. No assurance can be given that the CUSIP numbers for the Obligations will remain the same after the date of issuance and delivery of the Obligations. TABLE OF CONTENTS Page(s) Terms of Proposal i -iv Introductory Statement 1 Continuing Disclosure 1 The Bonds 2 Authority and Purpose 4 Security and Financing 4 Future Financing 4 Litigation 4 Legality 5 Tax Exemption 5 Other Federal Tax Considerations..... 5 Bank - Qualified Tax - Exempt Obligations 7 Rating 7 Financial Advisor 7 Certification 7 City Property Values 8 City Indebtedness 9 City Tax Rates, Levies and Collections 13 Funds On Hand 14 Cash and Investments 14 General Information Concerning the City 14 Governmental Organization and Services 17 Proposed Form of Legal Opinion Appendix Continuing Disclosure Undertaking Appendix 11 Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation Appendix III Excerpt of 2006 Annual Financial Statements Appendix IV Proposal Forms Inserted THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,445,000' CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2008A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, February 4, 2008, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY'. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or Bondto undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY°. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS Preliminary; subject to change. The Bonds will be dated February 15, 2008, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2008. Interest will be computed on the basis of a 360 -day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2009 $150,000 2011 $170,000 2010 $170,000 2012 $175,000 2013 $185,000 2015 $200,000 2014 $190,000 2016 $205,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance 2008 capital outlay needs of various City departments. TYPE OF PROPOSALS Proposals shall be for not less than $1,434,885 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in 'the form of a certified or cashier's check or a Financial Surety Bond in the amount of $14,450, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bondnor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the 'purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate_ On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 60 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (1) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated January 8, 2008 BY ORDER OF THE CITY COUNCIL /s/ Diane Ward Clerk OFFICIAL STATEMENT $1,445,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2008A (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Stillwater, Minnesota. (the "City" or the issuer") and its issuance of $1,445,000* General Obligation Capital Outlay Bonds, Series 2008A (the "Bonds ", the "Obligations", or the "Issue "). The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. Inquiries may be directed to Mr. Larry Hansen, City Administrator/Treasurer, City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082 -4898, or by telephoning (651) 430 -8801. Inquiries may also be made to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 -2887, or by telephoning (651) 223 -3000. If information of a specific legal nature is desired, requests may be directed to Ms. Mary Ippel, Briggs and Morgan, Professional Association of Saint Paul, Minnesota, Bond Counsel, or by telephoning (651) 808 -6620. CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2 -12 (the "Rule "), pursuant to the Award Resolution and the Continuing Disclosure Undertaking to be executed on behalf of the City on or before Bond closing, the City has and will covenant (the "Undertaking ") for the benefit of holders or beneficial owners of the Bonds to provide certain financial information and operating data relating to the City to certain information repositories annually, and to provide notices of the occurrence of certain events enumerated in the Rule to certain information repositories or the Municipal Securities Rulemaking Board and to any state information depository. The specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events, is set forth in the Undertaking in substantially the form attached hereto as Appendix II, subject to such modifications thereof or additions thereto as: (1) consistent with requirements under the Rule, (ii) required by the purchaser(s) of the Bonds from the City and (iii) acceptable to the Mayor and Clerk of the City. The City has never failed to comply in all material respects with any previous undertakings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders or other beneficial owners of the Bonds will have the sole remedy of bringing an action The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any;' of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced - 1 - for specific performance). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market !price. THE BONDS General Description The Bonds are dated as of February 15, 2008 and will mature annually on February 1 as set forth on the cover of this Official Statement. The Bonds are issued in book entry form. Interest on the Bonds is payable February 1 and August 1 of each year, commencing August 1, 2008. Interest will be payable to the holder (initially Cede & Co.) registered on the books of the Registrar as of the fifteenth day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be paid as described in the section herein entitled "Book Entry System." The City has named U.S. Bank National Association, St. Paul, Minnesota as the Registrar for the Bonds and the City will pay for registration services. Optional Redemption The Bonds will not be subject to payment in advance of their respective stated maturity dates. Book Entry System The Depository Trust Company ( "DTC "), New York, New York, will act as securities depository for the Obligations. The Obligations will be issued as fully- registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully- registered certificate will be issued for each maturity of the Obligations, each in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for securities that its participants ( "Direct Participants ") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ( "DTCC "). DTCC, in turn, is owned by a number of Direct Participants of DTC and members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation (NSCC, FICC, and EMCC, also subsidiaries of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange. LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.orq. -2- Purchases of Obligations under the DTC system must be made by or through Direct Participants, which will receive a credit for the Obligations on DTC's records. The ownership interest of each actual purchaser of each Obligation ( "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive 'written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Obligations are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Obligations, except in the event that use of the book -entry system for the Obligations is discontinued. To facilitate subsequent transfers, all Obligations deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Obligations with DTC and their registration in the name of Cede & Co. or such other nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Obligations; DTC's records reflect only the identity of the Direct Participants to whose accounts such Obligations are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTC. If less than all of the Obligations within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Obligations unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Issuer or Bond Registrar as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Obligations are credited on the record date (identified in a listing attached to the Omnibus Proxy). Payment of principal, interest, and redemption premium, if any, on the Obligations will be made to Cede & Co. or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the Issuer or its agent on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC (nor its nominee), the Bond Registrar, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal, interest, and redemption premium, if any, to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Bond Registrar, Issuer, or the Issuers agent. Disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Obligations at any time by giving reasonable notice to the Issuer or its agent. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The Issuer may decide to discontinue use of the system of book- entry -only transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered to DTC. The information in this section concerning DTC and DTC's book -entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and the City Charter. Proceeds of the Bonds will be used to finance the City's 2008 capital outlay needs of various City departments. The composition of the Bonds is as follows: Project Costs $1,407,335 Costs of Issuance 27,550 Allowance for Discount Bidding 10,115 Total $1,445,000 SECURITY AND FINANCING The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. The City made its first levy for the Bonds in 2007 for collection in 2008. Each year's taxes, if collected in full, will be sufficient to pay 105% of the interest due on August 1 in the collection year and the principal and interest due on February 1 of the following year. FUTURE FINANCING The City does not expect to issue any additional Tong -term debt within the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Briggs and Morgan, Professional ,Association, of St. Paul and Minneapolis, Minnesota, as Bond Counsel_ Bond Counsel has not participated in the preparation of this Official Statement and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify, any of the financial or statistical statements, or data contained in this Official Statement and will express no opinion with respect thereto. A legal opinion in substantially the form set out in Appendix 1 herein will be delivered at closing. TAX EXEMPTION At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that, at the time of their issuance and delivery to the original purchaser, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legislation which may have a retroactive effect), the interest on each Bond is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross income and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and that interest on the Bonds is not an item of tax preference for purposes of computing the federal altemative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; provided that interest on the Bonds is subject to federal income taxation to the extent it is included as part of adjusted current eamings for purposes of computing the alternative minimum tax imposed on certain corporations. No opinion will be expressed by Bond Counsel regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the City with all requirements of the Internal Revenue Code of 1986, as amended, (the "Code ") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from federal gross income and state gross and taxable net income. The City will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax - exempt under Section 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. OTHER FEDERAL TAX CONSIDERATIONS Property and Casualty Insurance Companies Property and casualty insurance companies are required to reduce the amount of their Toss reserve deduction by 15% of the amount of tax - exempt interest received or accrued during the taxable year on certain obligations acquired after August 7, 1986, including interest on the Bonds. Foreign Insurance Companies Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the ,United States, including "net investment income." Net investment income includes tax - exempt interest such as interest on the Bonds. Branch Profits Tax A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits" adjusted for increase or decrease in "U.S. net equity." A branch's earnings and profits may include tax - exempt municipal bond interest, such as interest on the Bonds. Passive Investment Income of S Corporations Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporation are passive investment income. Financial Institutions For federal income tax purposes, financial institutions are unable to deduct any portion of the interest expense allocable to the ownership of certain tax - exempt obligations acquired after August 7, 1986, including the Bonds but for the designation as "qualified tax - exempt obligations." See "Bank - Qualified Tax - Exempt Obligations" on the following page. Minnesota Tax Exemption The 1995 Minnesota Legislature enacted a law that included interest on Bonds of Minnesota governmental units and Indian tribes in net income of individuals, estates and trusts for Minnesota income tax purposes if a court determines that Minnesota's exemption of such interest unlawfully discriminates against interstate commerce because interest on Bonds of governmental issuers located in other states is not excluded. This law applies to taxable years that begin during or after the calendar year in which any such court decision becomes final, irrespective of the date on which the Bonds were issued. The Court of Appeals of Kentucky recently held that Kentucky's exemption of interest on its own bonds, but not of interest on the bonds of other states, unlawfully discriminates against interstate commerce. If a Minnesota Court were to render a similar final decision, interest on the Bonds would become taxable for calendar years during and after the date the decision became final. General The preceding is not a comprehensive list of all federal tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may otherwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. All prospective purchasers of the Bonds are . advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. -6- BANK - QUALIFIED TAX - EXEMPT OBLIGATIONS The City will designate the Bonds as "qualified tax - exempt obligations" for purposes of 'Section 265(b)(3) of the Code relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax - exempt obligations. RATING An application for a rating of the Bonds has been made to Moody's Investors Service ( "Moody's "), 7 World Trade Center, 250 Greenwich Street, 23r1 Floor, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such rating will not be revised or withdrawn if, in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. FINANCIAL ADVISOR The City has retained Springsted Incorporated, Public Sector Advisors, of St. Paul, Minnesota, as financial advisor (the `Financial Advisor") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied on governmental officials who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. CERTIFICATION The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of the Bonds, the Purchaser will be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that as of the date of the Official Statement, the Official Statement did not and does not as of the date of the certificate contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. CITY PROPERTY VALUES 2006/07 Indicated Market Value of Taxable Property: $2,326,569,416* Indicated Market Value is calculated by dividing the City's taxable market value of $2,031,095,100 by the 2006 sales ratio of 87.3% for the City as determined by the State Department of Revenue. (2007 sales ratios are not yet available). 2006/07 Taxable Net Tax Capacity: $20,114,225 2006/07 Net Tax Capacity $23,193,747 Less: Contribution to Fiscal Disparities (1,721,302) Captured Tax Increment Tax Capacity (3,024,624) Plus: Distribution from Fiscal Disparities 1,666,404 2006/07 Taxable Net Tax Capacity $20,114,225 2006/07 Taxable Net Tax Capacity By Class of Property Real Estate: Residential Homestead $14,961,637 74.4% Commercial/Industrial and Railroad* 2,300,244 11.4 Residential Non - Homestead 2,603,627 12.9 Other Classes 36,441 0.2 Personal Property 212,276 1.1 Total $20,114,225 100.0% Reflects adjustments for fiscal disparities and captured tax increment tax capacity. Trend of Values (a) (b) Indicated Market Value(a) Taxable Taxable Net Market Value Tax Capacitv(b) 2006/07 $2,326,569,416 $2,031,095,100 $20,114,225 2005/06 2,081,396,074 1,802,489,000 17,993,257 2004/05 1,887,570,533 1,594,997,100 16,263,852 2003/04 1,665,979,011 1,381,096,600 14,045,133 2002/03 1,543,677,665 1,216,418,000 12,532,716 Indicated Market Value is calculated by dividing the City's taxable market value by the sales ratio determined for the City each year by the State Department of Revenue. See Appendix 111 for a discussion of taxable net tax capacity and the Minnesota property tax system. Ten of the Largest Taxpayers in the City Taxpayer Xcel Energy Dayton Hudson Corporation Supervalu Holdings Inc. Lakeview Memorial Hospital Mikden of Stillwater LLC Stillwater Medical Group PA Diasorin Inc. Gen3, LLC Four Star Land Development, LLC Southmetro Centers V -LLC Total Type of Property Utility Retail Retail Commercial Commercial Commercial Industrial Commercial Residential Commercial Represents 10.7% of the City's 2006/07 taxable net tax capacity. CITY INDEBTEDNESS Legal Debt Limit and Net Debt Margin Legal Debt Limit (2% of Taxable Market Value) Less: Direct Debt Subject to Limitation (Including this Issue) Legal Net Debt Margin As of November 30, 2007 General Obligation Debt Supported Solely By Taxes* Date of Issue 12 -1 -98 4 -1 -00 2 -1 -02 2-4-03 4 -1 -03 3-1-04 3 -1 -05 3-1 -05 3-1 -05 3-8-05 2 -1-06 3-1 -07 2 -15-08 Total Original Amount Purpose $2,500,000 Capital Outlay 990,000 Capital Outlay 7,840,000 Capital Outlay 200,000 Capital Outlay 1,345,000 Capital Outlay 755,000 Capital Outlay 1,480,000 Capital Outlay 3,160,000 Capital Outlay Refunding 2,695,000 Sports Center Refunding 260,000 Capital Outlay 6,400,000 Capital Outlay 1,290,000 Capital Outlay 1,445,000 Capital Outlay (this Issue) 2006/07 Net Tax Capacity $ 327,290 268,627 257,804 234,371 187,404 185,144 183,692 175,164 173,876 166,728 $2,160,100* $ 40,621,902 (21,289,000) $ 19,332,902 Final Maturity 2 -1 -2019 2 -1 -2010 2 -1 -2022 2 -1 -2009 2 -1 -2011 2 -1 -2012 2 -1 -2013 2 -1 -2021 6 -1 -2018 3- 8-2008 2 -1 -2026 2 -1 -2015 2 -1 -2016 Principal Outstanding As of 11 -30 -07 $ 1,265,000 295,000 5,650,000 50,000 705,000 465,000 1,165,000 2,900,000 2,435,000 69,000 5,990,000 1,290,000 1,445,000 $23,724,000 These issues are subject to the statutory debt limit, except for the Sports Center Refunding Bonds, dated March 1, 2005, which are supported in part by facility revenues. - 9 - General Obligation Debt Supported By Taxes and/or Special Assessments Date Original of Issue Amount Purpose 4 -1 -00 $1,390,000 Local Improvements 3 -1 -04 4,695,000 Local lmprovements Total General Obligation Debt Supported By Tax Increment Date of Issue Original Amount Purpose 4 -1 -03 $3,435,000 Tax Increment Refunding General Obligation Debt Supported by Revenues Date of Issue Original Amount Purpose 4 -1 -00 $1,330,000 Water Revenue 4-1 -00 2,135,000 Sports Facilities Total Final Maturity 2 -1 -2010 2 -1 -2017 Final Maturity Principal Outstanding As of 11 -30 -07 $ 380,000 3,845,000 $4,225,000 Principal Outstanding As of 11 -30 -07 2 -1 -2013 2,170,000 Final Maturity 2 -1 -2015 6 -1 -2020 (The Balance of This Page Has Been Intentionally Left Blank) Principal Outstanding As of 11 -30-07 $ 700,000 1,665,000 $2,365,000 Annual Calendar Year Debt Service Payments Including This Issue G.O. Debt Supported G.O. Debt Supported by Taxes and /or Solely by Taxes Special Assessments Year 2007 (at 11 -30) 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total Year 2007 (at 11 -30) 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total Principal Principal Principal & Interest(a/ Principal & Interest (Paid) $ 38,278.75 (Paid) (Paid) $ 2,164,000 2,997,111.81 $ 490,000 $ 622,717.50 2,275,000 3,058,340.00 490,000 608,120.00 2,330,000 3,031,567.50 495,000 597,276.25 2,280,000 2,899,162.50 375,000 463,562.50 2,065,000 2,605,218.75 375,000 452,312.50 1,710,000 2,180,368.75 385,000 450,147.50 1,540,000 1,949,383.75 390,000 442,067.50 1,395,000 1,748,128.75 400,000 438,140.00 1,250,000 1,551,722.50 410,000 433,355.00 1,080,000 1,335,561.25 415,000 422,885.00 1,110,000 1,321,380.00 910,000 1,079,787.50 825,000 958,493.75 840,000 938,400.00 600,000 667,248.75 315,000 362,700.00 330,000 364,800.00 345,000 366,300.00 360,000 367,200.00 $23,724,000(b) $29,821,154.31 $4,225,000 $4,930,583.75 G.O. Debt Supported by Tax Increment Principal Principal & Interest (Paid) $ 330,000 345,000 350,000 365,000 380,000 400,000 (Paid) $ 392,332.50 398,628.75 393,547.50 397,370.00 400,165.00 406,900.00 $2,170,000 $2,388,943.75 G.O. Debt Supported by Revenues Principal Principal & Interest (Paid) $ 180,000 185,000 190,000 195,000 200,000 205,000 210,000 215,000 140,000 150,000 155,000 165,000 175,000 $2,365,00001 (a) Includes the Bonds at an assumed average annual interest rate of 3.60 %. (b) 76.2% of this debt will be retired within ten years. (c) 79.1% of this debt will be retired within ten years. $ 45,328.75 303,292.50 299,100.00 294,540.00 289,561.25 284,180.00 278,310.00 272,020.00 265,395.00 180,632.50 182,545.00 178,928.75 179,806.25 180,031.25 $3,233,671.25 Other Long -Term Debt The City has entered into two non- interest- bearing stream protection and improvement loan agreements with the State of Minnesota to finance the diversion of storm water runoff from 'Brown's Creek. As of November 30, 2007, the outstanding principal amount in total is $852,000. Summary of Direct Debt G.O. Debt Supported Solely by Taxes G.O. Debt Supported Primarily by Taxes and /or Special Assessments G.O. Debt Supported by Tax Increment G.O. Debt Supported by Revenues Gross Debt $23,724,000 4,225,000 2,170,000 2,365,000 Less: Debt Service Funds* $(1,805,208) (1,015,704) (987,277) (842,881) Net Direct Debt $21,918,792 3,209,296 1,182,723 1,552,119 * Debt service funds are as of November 30, 2007 and include money to pay both principal and interest. Indirect Debt Taxing Unit(a) Washington County ISD No. 834 (Stillwater) Northeast Metropolitan Intermediate School District (No. 916) Metropolitan Council Metro Transit District Total 2006/07 Taxable Net Tax Capacity $ 273,358,492 85,874,241 532,745,585 3,342,207,897 2,711,740,994 G.O. Debt As of 11- 30 -07(b) $127,480,000 63,710,000 715,000 31,795,0000) 184,040,000(d) Debt Applicable to Tax Capacity in City Percent Amount 7.4% $ 9,433,520 23.4 14,908,140 3.8 0.6 0.7 27,170 190,770 1,288,280 $25,847,880 (a) Only those units with debt outstanding are listed here. (b) Excludes tax anticipation certificates and revenue debt. (c) Excludes general obligation debt supported by sanitary sewer system revenues, 911 user fees, and housing rental payments and includes certificates of participation. (d) Includes lease revenue bonds, subject to annual appropriation, issued by the Bloomington Port Authority for constructing and equipping a transit station and parking ramp. Debt Ratios To 2006/07 Indicated Market Value ($2,326,569,416) Per Capita (17,929 — 2006 Metropolitan Council Estimate) * Excludes general obligation debt supported by revenues, Minnesota and capital leases. - 12 - G.O. Net Direct Debt` G.O. Indirect & Net Direct Debt* 1.13% 2.24% $1,468 $2,909 revenue debt, loans with the State of CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates Washington County City of Stillwater (Urban) ISD No. 834 (Stiilwater)(a) Northeast Metropolitan Intermediate School District (No. 916) Special Districts(b) Total 2002/03 2003/04 2004/05 2005/06 30.296% 28.593% 26.323% 24.770% 52.761 51.951 51.629 49.243 26.566 18.746 19.393 19.405 2006/07 For Total Debt Only 23.535% 2.732% 46.498 16.270 19.004 9.666 0.098 0.083 0.075 0.066 -0- -0- 9.133 8.207 7.181 7.016 8.143 1.472 118.854% 107.580% 104.601% 100.500% 97.180% 30.140% (a) Independent School District No. 834 (Stillwater) also has a 2006/07 tax rate of 0.11527% spread on the market value of property in support of an excess operating levy. (b) Special Districts include Metropolitan Council, Regional Transit District, Washington County HRA, Metropolitan Mosquito Control District, Browns Creek Watershed, and the Regional Rail Authority. NOTE: Taxes are determined by multiplying the net tax capacity by the fax capacity rate, plus multiplying the referendum market value by the market value rate. This table does not include market value based rates. (see Appendix Ill). Tax Collections for the City Net Lew /Collect Levy* 2006/07 $9,035,600 2005/06 8,508,105 2004/05 7,961,064 2003/04 6,824,518 2002/03 6,137,590 Collected During Collected Collection Year As of 10 -31 -07 Amount Percent Amount Percent $8,336,910 7,794,567 6,706,058 6,026,721 (In Process of Collection) 98.0% $8,429,018 97.9 7,912,014 98.3 6,808,685 98.2 6,122,824 99.1% 99.4 99.8 99.8 The net levy excludes state aid for property tax relief and fiscal disparities, if applicable. The net levy is the basis for computing tax capacity rates. See Appendix Ill. FUNDS ON HAND As of November 30, 2007 General $ 1,109,403 Special Revenue 2,983,999 Capital Projects 9,314,966 Enterprise 2,334,933 Debt Service: G.O. Debt Supported Solely by Taxes 1,805,208 G.O. Debt Supported by Taxes and/or Special Assessments 1,015,704 G.O. Debt Supported by Tax Increment 987,277 G.O. Debt Supported by Revenues 842,881 Total $20,394,371 CASH AND INVESTMENTS As of November 30, 2007, the City's fund balance totaled $20,394,371. All investments are held in certificates of deposit, U.S. government and federal agency securities, and repurchase agreements. Interest rates of the City's investment portfolio range from 2.0% to 5.6 %. The investments mature in a range of three months to ten years. A formal investment policy is maintained, with all investments for the City made by the City Administrator/Treasurer. GENERAL INFORMATION CONCERNING THE CITY Stillwater is located in central Washington County on the St. Croix River, approximately 20 miles east of the Minneapolis/Saint Paul metropolitan area. Stillwater encompasses an area of approximately 7.64 square miles (4,891 acres). U.S. Census Year Population % Change 2006 17,929* 18.4% 2000 15,143 9.1 1990 13,882 13.0 1980 12,290 20.6 1970 10,191 Metropolitan Council estimate. Although the City's tax base is primarily residential, the economy is influenced by a large number of public employers. The City of Stillwater is the Washington County Seat and the headquarters for Independent School District No. 834 (Stillwater Area). The adjacent cities of Bayport and Oak Park Heights are the homes of two major State correctional facilities. -14 Major Employers in the Area Employer Andersen Window Corporation(a) Washington County Independent School District No. 834 (Stillwater Area) Minnesota State Prison(a) Lakeview Memorial Hospital Cub Foods, Inc. DiaSorin Inc. Target Corporation Approximate Number Product/Service of Employees Windows and doors manufacturer 3,700 County govemment 1,106 Public education Correctional institution Medical Retail grocery and company headquarters Medical manufacturing Discount retail (a) These employers are outside of the City of Stillwater (b) Of these employees, 360 are in Oak Park Heights and 554 are in Bayport. Source: Telephone survey of individual employers, January 2008. Labor Force Data Washington County Minneapolis -St. Paul MSA State of Minnesota December 2007 Civilian Unemployment Labor Force Rate 128,773 1,856,860 2,937,008 4.1% 4.5 4.9 989 914(b) 839 285 250 190 December 2006 Civilian Unemployment Labor Force Rate 129,030 1,859,579 2,958,141 3.6% 3.8 4.2 Source: Minnesota Department of Employment and Economic Development. 2007 data are preliminary. Recent Development In the early 1970s, the City's residents and business owners began to encourage the historic preservation of the buildings in the community, both commercial and residential. This movement has been at least partially responsible for recapturing the historical rivertown character of the downtown business district. Many businesses and shops are housed in buildings more than 100 years old. Downtown Stillwater and eight residential structures are on the National Register of Historic Places. Another 61 homes are estimated to be eligible for the National Register. A number of the City's older homes have been restored to their historical character and are open for public tours. In addition, a substantial downtown infrastructure improvement project was completed in 1991 and 1992, which included the separation and replacement of the 100 year old storm sewer and sanitary sewer systems, new streets and sidewalks, and new street lighting. This restoration and preservation movement has generated a significant tourist trade that is important to the City's economy. The Comprehensive Plan calls for continued growth of the City to the west. The total size of this growth area is approximately 1,800 acres. At build -out, this expansion could yield about 1,200 housing units and about 60 acres of non - retail light industrial and office property. At present, Phase 1 and II of this expansion are nearing completion and Phase 111 is under development. Phase III is known as the Millbrook project, which over its three stages will result in 272 homes. The infrastructure for the first stage of that development was completed during the 2007 construction season. The estimated price points for the homes in Millbrook range from $250,000 to $700,000. - 15 - The Comprehensive Plan also identifies specific downtown sites for redevelopment. Construction on three of these sites is nearly complete. The three sites are: (1) Terra Springs; (2) The Lofts; and (3) Stillwater Mills on Main. Together these three projects have developed 336 condominium units and 28,000 square feet of office /retail space. Sales of the condominium .units are currently at 68 %, though there is still about 50% of the non- residential space available. Summary of Building Permits Total Permits Single- Family Home Permits Number Value Number Value 2007 (to 11 -30) 724 $ 27,172,867 22 $ 6,053,165 2006 602 42,227,032 45 13,752,721 2005 705 112,429,967* 48 15,583,397 2004 1,149 64,661,730 60 17,613,769 2003 1,717 59,477,643 104 27,265,978 2002 2,067 65,586,810 104 25,822,696 2001 1,616 60,598,170 104 23,856,139 2000 1,606 53,266,824 106 26,585,488 1999 624 35,768,761 106 21,541,330 1998 925 24,950,228 37 6,578,231 Includes approximately $19,000,000 for Lofts of Stillwater, approximately $22,000,000 for the Mills on Main project and approximately $9,200,000 for Terra Springs buildings 5 and 6. Financial Institutions Commercial banks located in the City include Central Bank; Eagle Valley Bank, National Association; First State Bank and Trust; Lake Elmo Bank; Wells Fargo Bank, National Association; TCF National Bank Minnesota; S & C Bank; U.S. Bank National Association; and Jennings State Bank. Source: http: //www3.fdic.gov/idasp/ Medical Services Lakeview Memorial Hospital, owned by a private nonprofit corporation, is a 97 -bed general hospital facility located in the City. There are three nursing homes in the City with a total of 264 licensed beds. Source: http: //www.health. state. mn. us /divs/fpc/directory/fpcdir.html Education Independent School District No. 834 (Stillwater Area) serves the City of Stillwater and some surrounding communities. The District has a 2007/08 enrollment of approximately 8,923 students in grades kindergarten through 12. The physical plant of the District includes ten elementary schools, two junior high schools, one senior high school, one alternative leaming center, one early childhood family center, and one charter school. GOVERNMENTAL ORGANIZATION AND SERVICES Organization The City has been a municipal corporation with a Mayor - Council form of government since 1854, and is organized and governed pursuant to a Home Rule Charter adopted in 1926. The Mayor is elected at- large, and all four Council members are elected by Wards to serve four -year overlapping terms of office. The present Council is comprised of the following members: Expiration of Term Ken Harycki Mayor January 2011 Robert Gag Council Member (Ward 1) January 2011 Adam Nyberg Council Member (Ward 2) January 2009 Wally Milbrandt Council Member (Ward 3) January 2009 Mike Polehna Council Member (Ward 4) January 2011 The Administrator is responsible for the daily management of City business and the administration of policy as directed by the Council. The City Administrator/Treasurer, Mr. Larry Hansen, has served in this capacity since January 2002. Previously, since 1987, Mr. Hansen was the City Administrator /Clerk/Treasurer for the City of Stewartville, Minnesota. Official recordkeeping functions are the responsibility of the City Clerk, Ms. Diane Ward. Ms. Sharon Harrison serves as the Finance Director. The City employs approximately 95 full -time persons in its various departments, which include fire, police, public works, administration, parks and recreation, library, and public utilities. Services City-wide police protection is provided by 25 full -time personnel and officers. The Stillwater Fire Department, comprised of nine full -time members and 34 volunteers, serves the City and surrounding communities. Stillwater has a class 4 fire insurance rating. Municipal sewer and water service is available to virtually all of the presently developed areas of the City. The water utility is governed by a three - member Board of Water Commission, all of whom are appointed by the Mayor with approval of the City Council. The water supply is taken from seven wells. The combined pumping capacity for the wells is 6,285 gallons per minute. The system has a storage capacity of 3.25 million gallons. Daily water demand for the City averages 2.2 million gallons per day; peak demand is estimated at 6.8 million gallons per day. Although the City owns and maintains its own sanitary and storm sewer collection systems, the wastewater treatment plant and certain other core facilities are owned and operated by the Metropolitan Council's Office of Environmental Services ( "OES ") an agency of the Metropolitan Council. Electricity and natural gas are provided by Xcel Energy. Pensions All full -time and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). The PERA administers the Public Employees Retirement Fund (PERF) and the Public Employees Police and Fire Fund (PEPFF) which are cost - sharing multiple- employer public employee retirement systems. - 17 - Public Employees Retirement Fund members belong to either the Coordinated Fund or the Basic Fund. Coordinated members are covered by Social Security and Basic members are not. All police officers, fire fighters and peace officers who qualify for membership by statute are covered by the Police and Fire Fund. The PERA plans provide pension benefits, deferred 'annuity, and death and disability benefits. Benefits are established by State statute. The City's contributions to the Public Employees Retirement Fund for the years ended December 31, 2006, 2005, and 2004 were $192,817, $173,764, and $165,497, respectively. The City's contributions to the Public Employees Police and Fire Fund for the years ended December 31, 2006, 2005, and 2004 were $218,790, $182,647, and $165,538, respectively. The City's contributions were equal to the contractually required obligations for each year as set by state statute. The Board of Water Commission employees also participate in the Public Employees Retirement Fund. The Commission's contribution to the Public Employees Retirement Fund for the years ended December 31, 2006, 2005, and 2004 were $18,194, $17,044, and $17,303, respectively. Fire pensions are payable from the Stillwater Firemen's Relief Association, an organization incorporated under Minnesota Statutes to which the City contributes. Contributions were made by the State of Minnesota in 2006, 2005, and 2004 totaling $163,008, $162,719, and $164,408, respectively, and no contribution was required to be made by the City. Other Postemployment Benefits The Governmental Accounting Standards Board (GASB) has issued Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions (GASB 45), which addresses how state and local govemments must account for and report their obligations related to post - employment healthcare and other non - pension benefits (referred to as Other Post Employment Benefits or "OPEB "). GASB 45 requires that local governments account for and report the annual cost of OPEB and the outstanding obligations and commitments related to OPEB in essentially the same manner as they currently do for pensions. The City provides health insurance for retired City employees and officials who meet PERA eligibility requirements and who have been employed by the City for a minimum of 10 years. The rate of coverage is not based on length of service. This coverage may also extend to the retiree's family. This benefit was discontinued for new employees starting December 1, 1988. As of December 31, 2006, the City had 43 participants. The City currently finances the plan on a pay -as- you -go basis. During 2006 the City expended $324,984 for these benefits. The retiree benefits discussed above are the City's only OPEB. Beginning with the fiscal year ending December 31, 2008, the City must report an annual OPEB cost based on actuarially determined amounts that, if paid on an ongoing basis, will provide sufficient resources to pay these benefits as they come due. The City may establish its OPEB liability at zero as of the beginning of the initial year of implementation; however the unfunded actuarial liability is required to be amortized over future periods. The City hired Hanf Actuarial to perform an actuarial analysis of the projected yearly cost of these benefits. The actuarial estimate is not known at this time. The City expects to establish its OPEB liability at zero for December 31, 2008 and expects to have no unfunded liability with respect to these benefits. General Fund Budget Summary Revenues: Property Taxes Franchise Fees Licenses and Permits Special Assessments Intergovernmental Charges for Services Fines and Forfeits Miscellaneous Total Revenues Expenditures: General Govemment Public Safety Public Works Total Expenditures Revenue Over (Under) Expenditures Other Financing Sources (Uses): Transfers In Sale of Property Transfers Out* Total Other Financing Sources (Uses) Net Changes In Fund Balance Projected Fund Balance - December 31 * Normal operating transfers to special revenue funds Capital Projects. 2007 Amended Budget $ 6,122,892 410,000 851,865 4,500 1,214,449 1,231,284 100,700 164,830 $10,100,520 $ 3,076,253 4,353,470 2,031,199 $ 9,460,922 $ 639,598 $ 1,073,441 (12,000) (1,725,039) 2008 Adopted Budget $ 6,791,509 423,000 478,559 3,500 958,816 1,213,502 120,700 221,000 $10,210,586 $ 3,011,161 4,542,103 1,838,302 $ 9,391,566 $ 819,020 $ 972,200 (15,000) (1,806,220) $ (639,598) $ (819,020) -0- -0- $ 3.775.012 $ 3.775.012 — Special Events, Library, Parks, DARE, and PROPOSED FORM OF LEGAL OPINION BRIGGS A N D M G R G A N W2200 First National Bank Building 332 Minnesota Street St. Paul MN 55101 -1396 tel 651.808.6600 fax 651.808.6450 APPENDIX 1 $1,445,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2008A CITY OF STILLWATER WASHINGTON COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Stillwater, Washington County, Minnesota (the "Issuer "), of its $1,445,000 General Obligation Capital Outlay Bonds, Series 2008A, bearing a date of original issue of February 15, 2008 (the "Bonds "). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. I -1 (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. BRIGGS AND MORGAN Professional Association APPENDIX II CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking ") is executed and delivered by the City of Stillwater, Minnesota (the "Issuer'), in connection with the issuance of $1,445,000 General Obligation Capital Outlay Bonds, Series 2008A (the `Bonds "). The Bonds are being issued pursuant to a Resolution adopted on February 5, 2008 (the "Resolution"). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2 12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Currently, the following are National Repositories: Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: 609 - 279 -3225; Fax: 609 - 279 -5962 www.bloomberg.com /markets/rates /municontacts.html E -mail: Munis@Bloomberg.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: 201 - 346 -0701; Fax: 201 - 947 -0107 www.dpcdata.com Email: nrmsir@dpcdata.com Interactive Data Pricing and Reference Data, Inc. Attn: NRMSIR 100 William Street, 15`h Floor New York, NY 10038 Phone: 212 -771 -6999 or 800 - 689 -8466; Fax: 212 -771 -7390 www.interactivedata.com Email: NRMSIR@interactivedata.com Standard & Poor's Securities Evaluations, Inc 55 Water Street - 45th Floor New York, NY 10041 Phone: 212-438-4595; Fax: 212-438-3975 www.disclosuredirectory.standardandpoors.com Email: nrmsir repository@sandp.com "Occurrence(s)" shall mean any of the events listed in Section S.A. of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated January 21, 2008, prepared in connection with the Bonds. "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Depository. "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule 15c2 12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. "State" shall mean the State of Minnesota. "State Depository" shall mean any public or private repository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking, there is no State Depository in Minnesota. 11 -2 SECTION 3. Provision of Annual Reports. A. Beginning in connection with the Fiscal Year ending on December 31, 2007, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31, 2008, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to each Repository or to the MSRB and to the State Depository, if any. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to each Repository as a single document or as separate documents comprising a package, and may cross - reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. An update of the operating and financial data of the type of information contained in the Official Statement under the captions City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. B. Data extracted from preliminary, unaudited financial statements of the Issuer and from past audited financial statements of the Issuer in the form and of the type contained in the Appendix of the Official Statement. C. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to each Repository separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If Audited Financial Statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the Repositories when available. SECTION 5. Reporting of Significant Events. A. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds, if material: (1) (2) (3) principal and interest payment delinquency; non - payment related defaults; unscheduled draws on debt service reserves reflecting financial difficulties; 11 -3 (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax - exempt status of the security; (7) modifications to rights of security holders; (8) Bond calls; (9) defeasances; (1 0) release, substitution or sale of property securing repayment of the Bonds; and (11) rating changes. B. Whenever an event listed in Section S.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Bonds. If knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such Occurrence with each National Repository or the MSRB and with the State Depository, if any. C. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. N-4 SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Dated: , 2008. CITY OF STILLWATER, MINNESOTA By Its Mayor By Its Clerk APPENDIX III SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION (effective through levy year 2006 /payable year 2007) Following is a summary of certain statutory provisions effective through levy year 2006 /payable year 2007 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every five years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value, which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Limitation of Market Value Increases. Minn. Stat., Sec. 273.11, Subdivision 1a, was amended in 2005. For assessment years 2005 and 2006, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessment, or (2) 25% of the difference between the current assessment and the preceding assessment. For assessment year 2007, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessment, or (2) 33% of the difference between the current assessment and the preceding assessment. For assessment year 2008, the amount of increase shall not exceed the greater of (1) 15% of the value in the preceding assessment or (2) 50% of the difference between the current assessment and the preceding assessment. Taxable Market Value. The Taxable Market Value is the value that property taxes are based on, after all reductions, limitations, exemptions and deferrals. It is also the value used to calculate a municipality's legal debt limit. Indicated Market Value. The Indicated Market Value is determined by dividing the Taxable Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The Indicated Market Value serves to eliminate disparities between individual assessors and equalize property values statewide. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Taxable Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Taxable Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate, plus multiplying the referendum market value by the market value rate. Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279 -282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One -half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty that, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property that is owned by a tax - exempt entity, but is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the clerk of court files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks, but in no event is the rate less than 10% or more than 14 %. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40 %; town or city - 20 %; and school district - 40 %. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local govemmental aid, equalization aid, county program aid and disparity reduction aid. 111 -2 Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is ,defined as the amount remaining after deducting from gross debt the amount of current revenues that are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1. Obligations issued for improvements that are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2. Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 4. Obligations issued to create or maintain a permanent improvement revolving fund. 5. Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. 8. Obligations specifically excluded under the provisions of law authorizing their issuance. 9. Certain obligations to pay pension fund liabilities. 10. Debt service funds for the payment of principal and interest on obligations other than those described above. 11. Obligations issued to pay judgments against the municipality. Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality that issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial - industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis/St. Paul seven - county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area -wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area - wide tax base shall be distributed back to each assessment district. III -3 STATUTORY FORMULAE: CONVERSION OF TAXABLE MARKET VALUE (TMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Local Tax Local Tax Local Tax Local Tax Local Tax Payable Payable Payable Payable Payable Property Type 2003 2004 2005 2006 2007 Residential Homestead Up to $500,000 1.000% 1.000% 1.000% 1.000% 1.000% Over $500,000 1.250% 1.250% 1.250% 1.250% 1.250% Residential Non- homestead Single Unit Up to $500,000 1.000% 1.000% 1.000% 1.000% 1.000% Over $500,000 1.250% 1.250% 1.250% 1250% 1.250% 1 -3 unit and undeveloped land 1.250% 1.250% 1.250% 1.250% 1.250% Market Rate Apartments Regular 1.500% 1.250% 1.250% 1.250% 1.250% Small City 1.500% t250% 1.250% 1.250% 1.250% Low - Income 1.000 %1 -1 -' 0.750 %1 0.750 %1 Commercialtlndustrial/Public Utility Up to $150,000 1.500% 1.500% 1.500% 1.500% 1.500% Over $150,000 2.000% 2.000% 2.000% 2.000% 2.000% Electric Generation Machinery 2.000% 2.000% 2.000% 2.000% 2.000% Seasonal Recreational Commercial Homestead Resorts (1c) Up to $500,000 1.000% 1.000% 1.000% 1.000% 0.550% $500,000 - $2,200,000 1.250% 1.250% 1.250% 1.250% 1.000% Over $2,200,000 1.250% 1.250% 1.250% 1.250% 1.250% Seasonal Resorts (4c) Up to $500,000 1.000% 1.000% 1.000% 1.000% 1.000% Over $500,000 1.250% 1.250% 1.250% 1.250% 1.250% Seasonal Recreational Residential Up to $500,000 1.000 %2 1.000 %2 1.000 %2 1.000 %2 1000 %2 Over $500,000 1.250 %2 1.250 %2 1.250 %2 1.250 %2 1.250 %2 Disabled Homestead 0.450% 0.450% 0.450% 0.450% 0.450% Agricultural Land & Buildings Homestead Up to $600,000 0.550 %2 0.550 %2 0.550 %2 0.550 %2 0.550 %2 Over $600,000 1.000 %2 1.000 %2 1.000 %2 1.000 %2 1.000 %2 Non - homestead 1.000 %2 1.000 %2 1.000 %2 1.000 %2 1.000 %2 1 Rate increased to 1% in pay 2003, classification abolished for pay 2004 and pay 2005, and re- established at a rate of 0.75% in pay 2006 and thereafter. 2 Exempt from referendum market value tax. APPENDIX IV EXCERPT OF 2006 ANNUAL FINANCIAL STATEMENTS The City is audited annually by an independent certified public accounting firm. Data on the 'following pages was extracted from the City's comprehensive annual financial report for fiscal year ended December 31, 2006. The reader should be aware that the complete financial statements may contain additional information which may interpret, explain or modify the data presented here. The Government Finance Officers Association of the United States and Canada (GFOA) has awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Stillwater, Minnesota for its Comprehensive Annual Financial Report for the fiscal year ended December 31, 2006. The Certificate of Achievement is the highest form of recognition for excellence in State and local govemment financial reporting. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. Such reports must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. The City received a Certificate of Achievement each year since 1989. Lars.nAllen CPAs. Consutuancs & Advisors .unwirsenaWnmm INDEPENDENT AUDITORS' REPORT Honorable Mayor and Members d the city Couud City of Stillwater Stillwater. Mnnesota We have audited the accompanying financial statements of the governmental activities. the busies -type activfles, the discretely preserled component unit, each major fund, and the aggregate remaining fund irdcrmaton of the City of St eater. Minnesota, as of and for the year ended December 31, 2006. each collectively comprise the City's basic financial statements as listed In the table of contents. These financial statements are the resporsibilly of the City of Stllwater's management. Ow responsibility is to express opinions on these financial statements based on our audit We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we pies and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the a000untng pdndpies used and significant estimates made by management, as well as evaluating the overt financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred te above present fairy, in all material respects, the respective financial position of the governmental activities, the business -type ac8vities. the discretely presented component unit. each major hand. and the aggregate remaining fund information of the City of mater. as of December 31. 2006. and the respective changes in financial positiori and cash flews, where applicable, thereof and the budgetary comparison for the general and major special revenue funds for the year then ended in corrffonmity with accounting principles generally accepted in the United Stales of America. The managernerd's discussion and analysis as listed in the table d contents is not a required part of the basic financial st temerds but is supplementary infomhation required by accounting principals generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary formation. However. we did not audit the information and express no opinion on H. Our audit was conducted for the purpose of foiling opinions on the financial statements that collectively comprise the City of Stilwrater's basic financial statements. The combining and individual kind financial statements and other supplementary i fo anal on are presented for purposes of addtional analysis and are not a required part of the basic financial statements. The corm and individual fund financial statements and other supplementary information have been subjected to the auditing procedures applied in the audit of the basic financial statements and,. in our opinion. are fairly stated in a8 material respects in relation to the basic finandal statements taken as a whole. The introductory and statism sections as listed in the table of contents are presented for purposes of additional analysis and are not required parts of the basic financial statements. This infarmaton was not subjected to the auditing procedures applied in the audit of the basic fin al statements, and, accordingly. we express no opinion on them. AV# LarsonAllen t.LP Miter. Minnesota June 20, 2007 IV -2 ASSETS Cash end pooled investments Accrued interest receivable Receivable (net of allowance for unco Iectibles) Internal balances Due from other governments Due from primary government Prepaid items Inventories Deferred charges Capital assets, nondepreciable Capital assets (net of accumulated depreciation) Total assets LIABIUTIES Accounts payable Contracts payable Salaries payable Unearned revenue Due to other governments Due to component unit Deposits payable Accrued expenses Accrued interest payable Premium on issued debt Noncurrent liabilities: Due within one year Due in more than one year Total Nabilities NET ASSETS Invested in capital assets, net of related debt Restricted for: Debt service Unrestricted Total net assets CITY OF STILLWATER, MINNESOTA STATEMENT OF NET ASSETS December 31, 2006 Primary Government Governmental Business -type Activities Activities S 22,788.000 178,867 3.770.218 89,747 18.429 90,099 387,865 30.811,211 51,861,477 109,995,913 562.057 725.491 337.012 65.880 284,208 100.618 305.688 453.438 60,199 4,018,350 30.426238 37.339,159 55,618.821 7.117,308 9,920,625 S 72,656.754 $ 2,138,223 15,729 457,682 (89.747) 7,542 99,750 388.993 7,021,586 10,039,758 173,128 26,869 3.052 7.524 14,876 59,823 285,072 7,410,579 2,344,107 $ 9.754,686 The notes to the financial statements are integral part of this statement Total 5 24.926,223 194.596 4,227.900 25,971 189,849 387.865 31,200,204 58,883,063 120,035,671 Component Unit Water $ 1.992,161 42,218 153,092 108,142 26.083 55,874 15,524 7.741 10,432,094 12,832,929 735,185 45,375 725,491 - 363,881 65,880 20,295 287,260 108,142 305,668 - 39.597 453.438 17,357 60.199 - 4.033,026 99,695 30,486,061 750.749 37,624,231 973,068 63,029,400 9.649,835 7,117,308 12,264,732 S 82,411,440 2210.026 11,859.861 1 1 1 a d H sM /1N m el c (N a R eta f r .gal, 4614 _m N ag N s ; N m A ca V4.00 .6.i/N Q N 03 N n eV at (.4 0 M ti 40 1 ilgl I p hiIP IV-4 N N • • 0 1- O1 t•9 t7 NP1 b ► ^ N 00.030) v A 1 n 40 N a0aDD MN 40 A ciami EATANgi L ale pp8 $ppq� m3•� o 1� N N N S i t 2 U 8 lV » » . • 1 leg xv 3 a ax� V G a t t N r 3E.; ga• nil gmn k.••• r F 7 O » • ' .Qq ' bAO O p O A a- » II 11 E :2 s 4 ;BD ffi N r OD Oraom 0' 0 q".a' $N.A') OVA O x1177 v!lffe, CI 0 O m AM A ri o H 4.9.11.••i•21 1[i O O Eric- � • O FI! Rxpqq • • »q,. Al o N IV -5 z ri ••• • . n .ri f $ 8 g CITY OF STILLWATER, MINNESOTA RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET ASSETS December 31, 2006 Amounts reported for governmental activities in the statement of net assets are different because: Total fund balance - total governmental funds (page 31) $ 21.318.487 Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds. Governmental capital assets Accumulated depredation Other tong -term assets that are not available to pay for current-period expenditures and, therefore. are deferred in the governmental funds. 102,373,125 (19.700 437) Delinquent property taxes and special assessments 288.382 Deferred special assessments 2,888,957 Accounts receivable 58,600 Long -terrn Viabilities are not due and payable in the current period, and, therefore, are not reported in the governmental funds. Long -term debt payable (33.736,500) Compensated absences (708,088) Accrued interest payable (453,438) Unamorlized premium (60,199) Unamortized refunding and issuance costs 387.865 Net assets of governmental activities (page 27) The notes to the financial statements are an integral pad of this statement IV-6 82,872,688 3,235.939 (34.570,360) S 08��0 -*Rm= 0101010106.4.- N A t0 1O O O m m V'Q WAb•- W'0 1p a7 N H UP CO W • A p `W NN • Y W • W • N �q p V NWs 8 • .' 0 {{0yy Ogg alai t�V Egg 161 N la. l g. al p 2 ad cgo N h N N h A ro co of .•� • C•f f►- N O A n G N N • V O° a j o 2 Z gig Oz - a c� j } � z a ft N • O m N. awl k 30 O • v00-0,.....1 A (N ' 0 .- N N - NON qq 0 b O m 04t4-0 m N al E .I CAS oa 7 Ifiliiigly ^qm1 _� 1-0 t9•p( A•) 4 l•)O_ A t aovl`°0 2cO1qa N P) - N Y) O) .- elgn0is .O atzaaav, CO pep (.4100 • 00 N W n q O N • . A • w N t0 A • . A • • . N • 2 29 t W . • • aD . n . . • 1 a N 0 5aF N O) — 3 43 0 N r'1 2 P f to 03 3 O N 1O 04 CO O .4 (4) 4 .i7 •f y) + p•p� a N 1 .- 422 Wig X m .+ Om' O A $ L b 110 10 0 0 .i) N O a 0 m b 0 2 { O f 8 10 10 R N/ 44) '. o ra 5 ea ti a M 1ppo9 i+l M ' ii CA CO O 10 g Er 1 r v �s W c 110= ettals. ...: giciagaausgA, _m� IV -7 CITY OF STILLWATER, MINNESOTA RECONCIUATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES Year Ended December 31, 2006 Amounts reported for governmental activities in the statement of activities (page 29) are different because: Net change in fund balances - total governmental funds (page 35) S (9,367,932) Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets Is allocated over their estimated useful lives and reported as depreciation expense. Capital outlays Depreciation expense 15.268,927 (2.412,145) The net effect of various miscellaneous transactions involving capltel assets. Including sales. trade -ins and donations, is to increase net assets. Proceeds on the sale of assets (23,597) Loss on the disposal of assets (6,744) Contributions 5,142,847 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the governmental funds. Deferred property taxes 50,879 Deferred special assessments 109,020 Other (512,736) Long -term debt (e.g., bonds, leases) proceeds provide current financial resources to governmental funds. while issuing debt increases long -teen liabilities in the statement of net assets. Repayment d principal of tong -tenor debt is an expenditure in the governmental funds, white the repayment reduces long -term tiabiIities in the statement of net assets_ Interest is recognized as an expenditure irrthe governmental funds when it is due, however, in the statement of activities interest expense is recognized as it accrues regardless of when it is due. In addition, governmental funds report the effect of issuance costs, premiums and similar items when the debt is initially issued, whereas these amounts are deferred and amortized in the statement of activities. The net effect of these differences in the treatment of burg -term debt and related items is as follows: Bond proceeds (6,400,000) Prindpal retirement on long -term debt 9.308,000 Bond premium (34.171) Bond issuance costs 84,179 Change in accrued interest expense 35 .083 Amortization of premaun, refunding. issuance costs (34,286) Some expenses reported in the statement of activities do not require the use of - cmrrent financial resources and , therefore, are not report as expenditures in governmental funds. Compensated absences decrease 46.489 Change in net assets of governmental activities (page 29) The notes to the financial statements are integral part of this statement IV-8 12,856,782 5.112,506 (352.837) 2,956.805 46,489 $ 11251,813 CITY OF STILLWATER, MINNESOTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2006 REVENUES Property taxes Franchise taxes Licenses and permits Special assessments Intergovernmental Charges for services Fines and forfeits Interest Miscellaneous Total revenues EXPENDITURES General government Mayor and council Elections MIS support services Finance Administration LegaVCity attorney Plant/City hall Community development Unallocated Public safety Police Fire Inspections CivI defense Public works Engineering Streets Total expenditures Excess (deficiency) of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers (out) Sale of property Total other financing sources (uses) Budgeted Amounts Original $ 5.601,045 400,000 692,730 4.500 1,409,062 1,194,767 101,500 50,000 83,500 9,537,104 Final Actual Amounts 5 5.362,899 400,000 692,730 4,500 1,649,208 1,194.767 101,500 50,000 93,800 9,549,404 150.850 150,850 42.337 42,337 190.672 195,672 403,006 403.006 578,160 578,160 269,389 269.389 274.042 274.042 314,031 314,031 447,695 447,695 2,620,618 2,528,287 1,341,094 1,318,321 320.629 320.629 15,066 15.066 381,623 381,623 1,313.493 1,313,493 8,662.705 8,552,601 $ 5,415,400 415,143 468,259 18.185 1,622217 1,121,169 122,073 105,642 66.165 9,354,253 141.191 40,578 181,087 382,065 558.555 271,506 266,305 311,861 440,494 2,543,499 1,236,813 270.559 2.771 343.679 1.275.896 8.266.859 874.399 996,803 1.087.394 727,050 (1,601,449) (874.399) Net change in fund balance $ - Fund balance- January 1 Fund balance- December 31 742,050 (1.738,853) (996.803) $ - The notes to the financaal statements are an integral part of this statement IV -9 598.498 (1,601,449) 21.006 (981,945) 105.449 3.689.563 $ 3.775.012 Variance with Final Budget Positive (Negative) 5 52.501 15,143 (224.471) 13,685 (26,991) (73.x) 20.573 55.642 (27.635) (195.151) 9,659 1,759 14,585 20.941 19,605 (2.117) 7.737 2,170 7.201 (15,212) 81,508 50.070 12,295 37,944 37,597 285.742 90,591 (143,552) 137,404 21.006 14.858 105,449 CITY OF STILLWATER, MINNESOTA ST CROIX VALLEY RECREATION CENTER FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2006 REVENUES Charges for services interest Donations Total revenues EXPENDITURES Current Culture and recreation Recreation center ice arena Recreation center fieldhouse Lily Lake ice arena Total expenditures Excess (deficiency) of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers (out) Total other financing sources (uses) Net grange k ftmd balance Fund balance-January 1 Fund balance- December 31 $ 9351.54 The notes to the financial statements are an integral Part of this statement. Budgeted Amounts Original S 1244,400 20,000 68,000 1,332,400 Final Actual Amounts Variance with Final Budget Positive (Negative) 5 1,244.400 $ 1,231,845 $ (12,555) 20,000 54,105 34.105 68,000 66,882 (1,118) 1,33Z400 1.352,832 20,432 968,788 963,788 295.524 295,524 282,888 282,888 1,547,200 1,542.200 (214.800) (209,800) 214,800 209,800 214.800 209.800 757.285 199,194 130,166 1,086,645 266,187 6,597 (272,784) (268,187) 935.654. 206.503 96,330 152.722 455,555 475.987 (203,203) (272,784) (475,987) CITY OF STILLWATER, MINNESOTA LIBRARY FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2006 REVENUES Charges for services Interest Donations Miscellaneous Total revenues Variance with Budgeted Amounts Final Budget Positive Original Final Actual Amounts (Negative) 1,000 200,000 29,000 230,000 $ - $ 5,439 S 5,439 1,000 4.676 3,676 200,000 184 (199,816) 29.000 5,101 (23,899) 230,000 15.400 (214,600) EXPENDITURES Current Culture and recreation Operations 1,146,462 1,116,462 910,020 206,442 Plant 161.035 161,035 142,023 19,012 Total expenditures - 1,307,497 1,277A97 1.052,043 225,454 Excess (deficiency) of revenues overekpenditures (1,077,497) (1.047.497) (1,036,643) 10.854 OTHER FINANCING SOURCES Transfers In 1,077,497 1.047.497 1,030,918 (16.579) Sale of property - - 66 66 Total other financing sources 1,077.497 1,047,497 1,030,984 (16,513) Net change in fund balance $ - ; (5,659) $ (5,725) Fund balance- -January 1 49,867 Fund balance- December 31 S 44.208 The notes to the financial statements are an integral part of this statement CITY OF STILLWATER, MINNESOTA PARKS FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL Year Ended December 31, 2006 Variance with Budgeted Amounts Final Budget Positive Original Final Actual Amounts (Negative) REVENUES Licenses and permits $ 1400 S 1,000 S 1,712 $ 712 Charges for services 10.500 10,500 11,345 845 Interest 5,000 5,000 11.747 6,747 Miscellaneous 300 300 279 (21) Total revenues 16,800 16.800 25,083 8,283 EXPENDITURES Current Culture and recreation 1,636,272 1,711,272 998,548 712,724 Excess (deficiency) of revenues over expenditures (1,619,472) (1,694.472) (973,465) 721.007 OTHER FINANCING SOURCES (USES) Transfers in 1,609,472 1,684,472 994,344 (690,128) Sale of property 10,000 10,000 3.050 (6,950) Total other financing sources (uses) 1,619,472 1,694,472 997.394 (697,078) Net change in fund taance $ - $ 23,929 $ 23.929 Fund balance January 1 276.201 Fund balance- December 31 5 300.130 The notes to the financial statements are an integral part of this statement Q+[ppf Agft1Opp) Y ('1 Pf V) N 81.13'2 O O $N N V) 7 N n ti 1010 ()P 1 0a �(O�1 COQ Vl�88r N 20. o A n) 1• 010004/0 ' a Nt� wn1�� o N (0')4004 S • via Oa 0) IV -13 3 3 A 0 rg 3 i0 117 N V N N r l:�a/)ab 44403441.-0) , V a a 1D IO •- 1001-' M n a I() O Q Oi tV N (O h V) N 10 N NN m h n /a A N m Oi K) 40 0 VI W A M Q oA 1,(V 10 1 A O) N N a Rs E z 2 z_ 0 Y7 O N 2 <� 2 Mil 5 IV 4 o i r O i Z 0 V 2 a CO 832 - N • F 8X' N (40;0 4 V N 8 10 w . C v, N Y a 01 a N 1. CO W W n m h m N -14 iir aka IggN � tea N ol O 0 a a 0 a g N 2 R N a 5 n N fig@ C"' . • f w v O � a • Pf p • O s� � • 1 1 CITY OF STILLWATER, MINNESOTA STATEMENT OF NET ASSETS FIDUCIARY FUNDS December 31, 2006 ASSETS Cash and pooled investments Cash and pooled investments - held in escrow Total Assets TIF Note Agency Fund 56,253 271,523 327,776 LIABILITIES Accounts payable 5 327,776 Total Liabilities $ 327,776 The notes to the financial staternents are an integral pan of this statement. !s o: tV-1 7 Ile . jr' s E ii 11 _ Lai h 1 H € jj '' z 1" fi to IA 8 = sa - g chi; i i= I! i II ill ; 41 1 i 'III = Igi gi II i 1 ill ;lag st 1 : gi f I; i a 'Il _ i if= !S I t tla 1111 till w I Ia ! Is t o ! # - 1 14 1 I gi :11;1 iki 11°1 17.11 g al 1 gi4 3 1 t • as. : > lam Al It 1tgt§ n � o v ufi ���_n Is � =sa � ds a �-at $� +: 0 x Iv -19 !Ili IT NI! ill ill: f' Ill; hil e l •; .iii !ii "18? ll Eiii i 1 II; ill the il 5 1111 SPi' 1/1111/ iiil! ; ill i111 -2 Ci 111 it I /till 11 ail it t ill; W 3 -1 :121• g b 3 ligliii i 0 ° Ili i M! 5 h i i:11! Ala i !II 1 ill ) !II z d • FV 2 IV -21 if if 8l L- 11 ti 1s ag I II rest gN Ss F1� i s ft 4 8 I O; i ei Li I 1 oll 011 $ 11111 3 l 1!ii I� 1 :s I 111; 11 aim mg- R =�. g Imapliigi) I !I!21111 1 t @ .. H x. I; 1x5R 115: 1 I 1 11 1 A $ NN • s I222 iR _ t I! 48 s is M I ` F Y' O • 2-2t§ a J. 11 • d • a $g a up � 111 bi 1 d�iddw se � E g' 1 14 2 • I II ‚InhiItIli 1111111 11 I gl !!4 i 111111111111 11111 i I ;1 iiiipiq ! i if IIIPIHIppi , - I lit illigill f • 1 1 Y i i § . 1111: t Y i olgiil f f s 11 f il?l f ill =111 Y 1r OI 3 c c iIi11I t I i iiiiiiiiiii i i_ it I 11 bi ii 1$ 111111111111 >z 4 Ii11i1I1IJllhJ : 1 i if ii t ,ligiblif ft j , 1phibiaffilimft oil 1 1p i IV -23 `st ;i ula ta os W IV -24 V 1 a t mE Pitte a ;c s � Id 119:1 ill hi 144 II! z t. St so 1 1 a 2 0 tig ill 1 sfl lit .1 isli r E bt tix 131 ni ili S1 12: 62 Ise illi III! lig i 13! 2, t1 11 RiE4Va4 P s 0 s IV -26 0 gt B8 as gf 1 p w x g ass " " a " 51 la IV -27 CITY OF STILLWATER, MINNESOTA Notes to the Financial Statement (Continued) December 31, 2006 NOTE 15 CONDUIT DEBT OBLIGATIONS The City has authorized the issuance of the following conduit debt obligations: Issue Outstanding Type Amount 12/3112006 Award Date 11/19/1996 11/19/1996 11/19/1996 Muligarriky Housing Revenue Refunding Taxable Multi- famay Housing Refunding Mufti -tamly Housing Revenue Refunding Variable Rate Demand Private School Faddy Revenue Variable Rate Demand Multi - family Housing Revenue Minnesota Heakh Care Revenue Tax Increment Revenue Bonds Total 12/5/2000 81412002 6/1/2005 7/20/2006 1,740,000 S 1.545.000 385.000 305,000 2.550,000 2220000 3,155,000 7,880.000 30,000000 2.390.000 3.120,000 7,880,000 30,000.000 2.390,000 $ 47.460,000 These bonds are secured by the property financed and are payable solely from pledged revenues in accordance with the terms of the indenture. The bonds do not constitute a debt or indebtedness of the City or a charge against the general credit or taxing powers of the City. The bonds do not constitute indebtedness, pecuniary kabkity, general or moral obligation or pledge of faith or credit or any taxing power. Accordingly, these bonds have not been nchrded or reported in the accompanying financial statements. In addition, the City is the trustee of the escrow to facilitate the repayment of The debt of the Tax Increment Revenue Bonds only. NOTE 16 SUBSEQUENT EVENTS Subsequent to December 31. 2006, the City Counci authorized the issuance and public sale of $1,290,000 General Obfgation Capital Outlay Bonds, Series 2007A. These bonds were issued on and dated March 8, 2007. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF STILLWATER, MINNESOTA HELD: February 4, 2008 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 February 4, 2008, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $1,445,000 General Obligation Capital Outlay Bonds, Series 2008A. The following members were present: and the following were absent: In accordance with Resolution No. 2008 -04 adopted by the City Council on January 8, 2008, the City Clerk presented proposals on $1,445,000 '' eral Obligation Capital Outlay Bonds, Series 2008A, which were received, opened an , lated at 10:00 A.M., Central Time, at the offices of Springsted Minnesota ( "Springsted" thi �� e day: Bidder Interes S The Council then proceeded to corswside introduced the f RESOLUTION ACCEPTIN OF $1,445,000 GENERAL PROVIDING FOR THEIR IS True Interest Cost discuss the proposals, after which member lution and moved its adoption: AL ON THE COMPETITIVE NEGOTIATED SALE ON CAPITAL OUTLAY BONDS, SERIES 2008A, CE 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 $1,445,000 General Obligation Capital Outlay Bonds, Series 2008A (the "Bonds" or, individually, a "Bond "), pursuant to Minnesota Statutes, Chapter 475, and Sections 10.5 and 10.6 of the City's Charter, to finance the cost of the 2008 capital outlay projects of various City departments (the "Project ") as more fully described in the resolution duly adopted by the City Council on January 8, 2008; 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 C. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and 2121342v1 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 any certified or cashier's checks or Financial Surety Bonds. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated February 15, 2008, as the date of original issue, be issued forthwith on or after such date in fully registered form, be numbered from R -1 a ward in the denomination of $5,000 each or in any integral multiple thereof of a single matu ' (the "Authorized Denominations ") and shall mature on February 1 in the years and amou ollows: Year 2009 2010 2011 2012 Amount Year All dates are inclusive. As may be issued having mandatory conforming to the foregoing p made to the provisions of the 2013 014 2015 2016 Amount ed by the Purchaser, one or more term Bonds nd redemption and final maturity amounts ent schedule, and corresponding additions may be ond(s). (b) Book Entry Only Sys The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). 2121342v1 2 (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the 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 Depot tory assigns its consenting or voting rights to certain Participants to whose accounts t' :onds are credited on the record date identified in a listing attached to the omnibus (iv) The City and the Bond Re:; ' ar ay treat as and deem the Depository to be the absolute owner of the Bonds for th - • se of payment of the principal of and premium, if any, and interest on the Bonds, f purpose of giving notices of redemption and other matters with re K - onds, for the purpose of obtaining any consent or other action to be taken by r rs or the purpose of registering transfers with respect to such Bonds, an 1 p 4 ose whatsoever. The Bond Registrar, as paying agent hereunder, shal al of and premium, if any, and interest on the Bonds only to the Holder or t N ders of the Bonds as shown on the bond register, and all such payments shall b fective to fully satisfy and discharge the City's obligations with respe o the p cipal of and premium, if any, and interest on the Bonds to the extent of the sum • ums paid. (v) Upon delivery y the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced 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 "). 2121342v1 3 (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 registr agreement, shall agree to take any actions necessary from time to time to comply w the requirements of the Letter of Representations. (c) Termination of Book -Entry Only S ' em Disco tinuance of a particular Depository's services and termination of the boo (i) The Depository may respect to the Bonds at any time by gi responsibilities with respect ther= n services of the Depository wit no longer able to carry out it system of book -entry tran City or the Beneficial my system may be effected as follows: scontinue providing its services with notice to the City and discharging its d . . pplicable law. The City may terminate the Bond if it determines that the Depository is securities depository or the continuation of the the Depository is not in the best interests of the (ii) Upon to . do f the services of the Depository as provided in the preceding paragraph, and i bstitute 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 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 2121342v! 4 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 August 1, 2008, 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 2009 2010 2011 2012 5. Redemption. The Bonds are not sub advance of their respective maturity dates. 6. Bond Registrar. U.S. Ba appointed to act as bond registrar and Registrar "), and shall do so unless a pursuant to any contract the City The Bond Registrar shall also s duly appointed. Principal an record holders) of the Bonds in t to redemption and prepayment in Association, in St. Paul, Minnesota is with respect to the Bonds (the "Bond essor Bond Registrar is duly appointed, all egistrar shall execute which is consistent herewith. agent unless and until a successor paying agent is he Bonds shall be paid to the registered holders (or r 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: 2121342v1 5 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER R- $ GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2008A Interest Rate Maturity Date February 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: Date of Original Issue CUSIP February 15, 2008 THE CITY OF STILLWATER, WASHINGTO ► OUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value rec.. e..: ,• ises to pay to the registered owner specified above, or registered assigns, in the anner her after set forth, the principal amount specified above, on the maturity date spe ove, and to pay interest thereon semiannually on February 1 and August 1 of each • _ (each, an "Interest Payment Date "), commencing August 1, 2008, at the rate per sp ed above (calculated on the basis of a 360 -day year of twelve 30 -day months) until 1 sum is paid or has been provided for This Bond will bear interest from the mo ece nterest Payment Date to which interest has been paid or, if no interest has been p ' : " th • ate of original issue hereof The principal of and premium, if any, on this Bond a - . n presentation and surrender hereof at the principal office of U.S. Bank Natio al s ciation in St. Paul, Minnesota (the "Bond Registrar "), acting as paying a • o cessor paying agent duly appointed by the Issuer. Interest on this Bond will be .:.� on ea e Interest Payment Date by check or draft mailed to the person in whose name this Bon . eg red (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by th and 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. 2121342v1 6 Redemption. The Bonds of this issue (the "Bonds ") are not subject to redemption or prepayment in advance of their respective maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,445,000, 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 and laws of the State of Minnesota, the Issuer's charter and a resolution adopted by the City Council on February 4, 2008 (the "Resolution "), for the purpose of providing money to finance the Issuer's 2008 capital outlay projects. This Bond is payable out of the General Obligation Capital Outlay Bonds, Series 2008A 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 Reso ution) and are exchangeable for fully registered Bonds of other Authorized Denominations in al aggregate principal amounts at the principal office of the Bond Registrar, but only in the and subject to the limitations provided in the Resolution. Reference is hereby ma to the olution for a description of the rights and duties of the Bond Registrar. Copies o e olution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable . s d 'n person or by the Holder's attorney duly authorized in writing at the principal offi • e e and Registrar upon presentation and surrender hereof to the Bond Registrar, bye to the terms and conditions provided in the Resolution and to reasonable regulati s o s er contained in any agreement with the Bond Registrar. Thereupon the Issuer sha ' d e an" the Bond Registrar shall authenticate and deliver, in exchange for this Bon. r <F o •re new fully registered Bonds in the name of the transferee (but not registered i o Barer" or similar designation), of an Authorized Denomination or Denominati in ag a gate principal amount equal to the principal amount of this Bond, of the same maturity a °ti ng 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. 2121342v1 7 Qualified Tax - Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Issuer's charter to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds describ the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIAT St. Paul, Minnesota, as Bond R Regis by: U.S. BANK NATIONAL ASSOCIATION at: [J.S. BANK NATIONAL ASSOCIATION STILLWATER, GTON COUNTY, INNESOTA By Authorized Signature Mayor City Clerk 2121342v1 8 • 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 (Cult) 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, ass Bond and does hereby irrevocably constitute and a on the books kept for the registration thereof, wi Dated: Notice: Signature Guaranteed: nsfers unto the within attorney to transfer the Bond wer of substitution in the premises. e to this assignment must correspond s it appears upon the face of the within Bond , without alteration or any change whatever. Signature(s) must be guarante by a na _final bank or trust company or by a brokerage firm having a membership in one of aj stock exchanges or any other 'Eligible Guarantor Institution" as defined in 17 CFR 2 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.) 2121342v1 9 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AUTHORIZED AMOUNT SIGNATURE OF HOLDER 2121342v1 10 8. Execution; Temporary Bonds. 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 executi " of the Certificate of Authentication on the Bond and, by inserting as the date of registration ' he space provided, the date on which the Bond is authenticated, except that for purposes of m g the original Bonds to the Purchaser, the Bond Registrar shall insert as a date s := egistra the date of original issue of February 15, 2008. The Certificate of Authentica s-xecuted on each Bond shall be conclusive evidence that it has been authenticate s ;s elivered under this resolution. 10. Registration; Transfer; Excha office of the Bond Registrar a bond register in the Bond Registrar may prescribe, the and the registration of transfers of B provided. Upon surrender for tra City shall execute (if necessar registration (as provided in paragr or transferees, one or more new Bon will cause to be kept at the principal , subject to such reasonable regulations as rar shall provide for the registration of Bonds be registered or transferred as herein B nd at the principal office of the Bond Registrar, the and Registrar shall authenticate, insert the date of of, and deliver, in the name of the designated transferee 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. 2121342v1 11 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. Ea exchange for or in lieu of any other Bond shall carry and to accrue, which were carried by such other B nd delivered upon transfer of or in is to interest accrued and unpaid, 12. Interest Payment; Record Date. Inte on any Bond shall be paid on each Interest Payment Date by check or draft mai n in whose name the Bond is registered (the "Holder ") on the registration b City maintained by the Bond Registrar and at the address appearing thereon at t los: business on the fifteenth day of the calendar month next preceding such Interest P _` e ' Dat „3 he "Regular Record Date "). Any such interest not so timely paid shall cease a• b ; . e to the person who is the Holder thereof as of the Regular Record Date, and sha le to the person who is the Holder thereof at the close of business on a date (the rd Date ") fixed by the Bond Registrar whenever money becomes available for a ent o :!the defaulted interest. Notice of the Special Record Date shall be given by the Bond '` : •i s to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator /Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Outlay Bonds, Series 2008A Fund" (the "Fund "), to be administered and maintained by the Administrator /Treasurer as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be 2121342v1 12 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 accrued interest received thereon, 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 pl dged and there shall be credited to the Debt Service Account: (i) all accrued interest receiv upon delivery of the Bonds; (ii) any amount paid for the Bonds in excess of the minimum " collections of all taxes herein or hereafter levied for the payment of the Bonds and in fi : est the ; (iv) all funds remaining in the Construction Account after completion of the Pro 4 payment of the costs thereof; (v) all investment earnings on moneys held in the Debt Account; and (vi) any and all other moneys which are properly available and are a.prop d by the governing body of the City to the Debt Service Account. The Debt Servic ®�' ' 1 be used solely to pay the principal Y pY p P and interest and any premiums for redemption ends and any other general obligation bonds of the City hereafter issued by t ade payable from the Debt Service Account as provided by law. No portion of the procee higher yielding investments or higher yielding investments, e needed for the purpose for which amount not greater than five percent ds shall be used directly or indirectly to acquire fu 1 s which were used directly or indirectly to acquire a reasonable temporary period until such proceeds are ds were issued, and (2) in addition to the above in an 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 2121342v1 13 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 2008 -2014 2009 -2015 See attached Levy Schedule The City has heretofore levied $220,000 in 2007 for payment of the principal and interest on the Bonds in 2008, a direct 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. 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, division 3. 17. Defeasance. When all Bonds have be disc ed as provided in this paragraph, all pledges, covenants and other rights granted by t resolutio o the registered holders of the Bonds shall, to the extent permitted by law, ceas ity may discharge its obligations with respect to any Bonds which are due on any date by ocably depositing with the Bond Registrar on or before that date a sum suffici • the ent thereof in full; or if any Bond should not be paid when due, it may neverthe harged by depositing with the Bond Registrar a sum sufficient for the payme er- in full with interest accrued to the date of such deposit. The City may also at any ti i arge obligations with respect to any Bonds, subject to the provisions of law now authorizing and regulating such action, by depositing irrevocably in escrow, . ; ;table banking institution qualified by law as an escrow agent for this purpose, . o u es described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interes able . r such times and at such rates and maturing on such dates as shall be required, witho ; F to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, otice 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 2121342v1 14 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" describes the Reimbursement Regulations for .:. each Reimbursement Expenditure shall and will be m ,�� with following (but not prior to) the issuance of the Bonds and in all events within th . . eriod - g on the date which is the later of three years after payment of the Reimburseme xp diture or one year after the date on which the Project to which the Reimbursement E ure relates is first placed in service. (d) Each such reimbursement all made in a writing that evidences the City's use of Bond proceeds to reimburse the ' ur ment Expenditure and, if made within 30 days after the Bonds are issued, shall b ed ,made on the day the Bonds are issued. Provided, however, that the City ma this paragraph upon receipt of an such action will not impair the contrary to any of the foregoing covenants in its Bond Counsel for the Bonds stating in effect that tus of the Bonds. 19. Continuin Disclo e City is the sole obligated person with respect to the Bonds. The City hereby agrees, in a .rdance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. 2121342v1 15 (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these 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 prom nd full payment of the principal and interest on the Bonds, as the same respectively becom- he full faith, credit and taxing powers of the City shall be and are hereby irrevocab ►ledg- If the balance in the Debt Service Account is ever insufficient to pay all primal < d inte est then due on the Bonds and any other bonds payable therefrom, the deficienc e promptly paid out of any other funds of the City which are available for such purpose, an - h other funds may be reimbursed with or without interest from the Debt Service Ac ► n sufficient balance is available therein. 21. Certificate of Registratio_ . copy of this resolution with the Coun such other information as the Count certificate that the Bonds have be tax levy required by law has be y Clerk is hereby directed to file a certified ashington County, Minnesota, together with require, and to obtain the County Auditor's in the County Auditor's Bond Register, and that the 22. Records and Certite e officers of the City are hereby authorized and directed to prepare and furnish to the rchaser, 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; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross 2121342v1 16 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 if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety -five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a gove tal unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax empt bon (other than private activity bonds) issued by the City (and all subordinate en es reof, and all entities treated as one issuer with the City) during the calendar year in wh he Bonds are issued and outstanding at one time is not reasonably expected to excee 10, all within the meaning of Section 148(f)(4)(D) of the Code. 25. Designation of Qualifi as "qualified tax - exempt obligations' City hereby makes the following fa t Obligations. In order to qualify the Bonds eaning of Section 265(b)(3) of the Code, the tements and representations: (a) the Bonds are ed afte • ugust 7, 1986; F,> (b) the Bonds are not "p e 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 2008 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code. 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. 2121342v1 17 26. 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. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted February 4, 2008. Attest: City Clerk 2121342v1 18 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 $1,445,000 General Obligation Capital Outlay onds, Series 2008A. WITNESS my hand on February 4, 2008. 2121342v1 19 2121342v1 RIVER CITIES David Nelson River Cities Inc. 100 Harriet Island Road St Paul, MN 55107 January 18, 2008 Larry Hansen City Hall 216N 4th St Stillwater, MN 55082 Mr. Hansen: I have enclosed six copies of the River Cities brochure / DVD and annual cruise itinerary. Hopefully this will be sufficient for the mayor and council members as well as yourself. Please watch the 14 minute introduction on the DVD for a quick overview of the River Cities lifestyle. After watching the DVD you will understand how our residents will participate in Stillwater commerce. The residents of the Marquette will not only eat at your restaurants, shop in your stores, but those same businesses will be filled with your local residents wanting to see the largest inland passenger vessel in the world — it will be an impressive sight in your town! Our itinerary is July 28 -30, 2009 or possibly 2010 depending our sales progress. This date can be changed in the event of any conflicts. Hopefully our communities will greet one another yearly in our annual cruise route for many years to come. ards, avid Nelson CEO River Cities z F= 0 J Living on the water, your outlook on life will How River Cities Operates change. Weather, wildlife and the river itself River Cities® will be building and selling homes aboard our attractive and affordable floating are all alive and in constant motion. Your inner w !C s. Once we have built condominium commu currents will match the slow pace of the river, your home. River Cities will staff each vessel and you'll understand what people mean when with pilots, crew and managers who will safely they say, "You're on river time now." navigate between ports to provide you with a worry -free, yet adventurous living experience. ro fU Ln O rum a) -0 an a) > C - O- ro O , i i O L � �, E c/1 - �- OJ C s W C aJ a) E L -= Fri a)Ul - o - D Ul a, j. roLn ro ro . w ro W ro ▪ "' i--i ro 00 E v a, +o o — L -0 E +� L 4- >- 0 E in O u aJ 0 C a) C aJ u W L O fa } C C to E culn -E "E u o a) -10 > c 0 u < O O � N co o 0 i_n ro ao u, C C r Q1 C Vl O a) U _> O > i--, 0 o U O w L.rl > rn L u + u co 0 W 4- condo is like any other, except that it floats. Residents share the costs of fuel, staff salaries, 4- i -> a o = 0 = o >- +� CU Lj 0 0 ro a) 4- 0) o O >.E --->' a--, ro j o E o E u Q E a, E oCU o U aJ - o } 4 -, U in in C • a) 4- ro CU in 4- u - V) > cr - manages and maintains the housing complex and all land and water transportation. After a cruising expenses and leave the rest to the River pleasant day cruising the waterways, we will have cars and buses ready and waiting for your shore travel; the choice of activities is up to you. LJ w w E • Concierge and Special -assistance Service rg 1 • Shore Travel - Cars and Buses • Two Restaurants, Two Lounges and Deli • Grocery Store • Theaters • Hot Tubs and Pools • Fitness Equipment • Jogging and Walking Area • Half -Acre Chipping and Putting Golf Area • Below -deck Storage • Spa, Beauty and Hair Care 0 ra c oc r5 on s La dia ra ar in L u 1. d 4, ra • M e. LJ w u c w on E A helipad on the roof of your River City (9 NI ci.r - +. VI _CD. _ ru u '+` :F -= Li 113 0JCU m 7 _CT.0 o elevators will make nearly all parts of the vessel accessible to those with mobility limitations. River Cities will be ADA-compliant whenever possible. Medevac service: ECOMIN ; N ❑WNER M 0 0. 0 N O E 0 1 Gl 4-1 0 N N f0 0 .0 0 Onboard 6 months a year s 3 C o i G -• O ra ` 0 aJ O t >-- _0O L .0 0. c aJ o.n i o C aJ ul L LJ -0 O 0.1 a1 a) In c— C - 0 0 E • � = — ' 0. 3 E aJ rho 0 LL LJ = -0 0 r0 0 aJ 0_ 0 aJ 0_ LI- aJ Can aJ C 0 0_ 0 In This schedule is ideal for snowbirds who want to see the waterways at a who would like to travel in their RV when they are O C C1 aJ o E ,_ c Ln -4 +-, o ro aci Lf C a--' aJ C 0 r° L c E Ln -I-, O L C ='- CU 0 in E a, o 4-- rr00 = > 0 0 ro in L 0 L 4- - aJ w - = tin 3 in L 4- C C u O Cu aJ Ln in 0- -0 Ln L Ln tn L C m cu 1- 0 i E C i O 0 C 0 0 r0 L 4- 0 r0 10 L 0 a--+ r0 O L 0 0 L C C L 4--, 0 -c CO O E o -o aJ E — aJ 0 +�-' 4-- CV) L) aJ VI iui •� CO > L CO i L 0 0J . 0 E 4-,- Z aJ o CCo TO aJ C C = >- 4--,f0 u, a--, § aJ } 3 o Ln 4-, = aJ u on 4-,aJ c 0 C c -= C >- aJ aJ 4 c -= Q Ln 0 '> CO In 0 O O QJ Li 4-14-,i 0 > aJ O iLu = >- "C i CU EE1 aJ E aJ E L 0 c_ aJ C > LJ O 0 a 4 Z °J _O oI In 0 +-, ro 0 O aJ aJ 0 0 0 ru O aJ 0_ 0 EL - in aJ 0 4' f0 L O E O 4- aJ L aJ r0 0 u CO 0_ aJ Q ro Ln aJ r0 0 0 u aJ a--+ aJ 0- ro ro o_ L aJ 0 4- ro L hot and humid summers. Aboard the Marquette, lf1 r0 Ln aJ E v t 0 aJ 4--, ro aJ o_ 0 a--, aJ L a--+ O aJ 5 0 >- Financial Benefits River Cities for the waterways — an RV for the highways • No property taxes. • River Cities is economical for long-term 0 i-J > > ro ro } ro N U L v C OJ �^ E CU - 0 L 0 0J CU <!1 � C r0 CO u aJ __ L ro QJ C > -- ro E 0 Ln O yam. C b. CU C w _-0 O t in U G a) CL lE >+ 0_ L > i 41 QJ aJ CO O 0 - O a ro - C ro O 2 O = ownership with another River Cities resident. Your home and vacation residence will aJ 0 0 0 CU _� 0 0 4- 4— re a--, CU -47 aJ 12( be one and the same. CJ 13 1n Q) 4— + ; CU CU E 0 +-, V1 CJ r0 0 C- U vi CU CU O 4-- Ul CU U ) r0 tu1 .cc_ 0 4- 0 0 u CU S Q▪ J ru 0 0 U • and manage RV ownership exclusive of River North and the South. Cities participation. ai QJ 0 X QJ C 0 0 + 4 10 ro u u f0 ro > > O Q1 Q▪ J 011 � C C 4- 0 ro O a - 0 - C) OJ tn 04I— Z • re 1n C 0 4— C) 0 0 1n ro re Ln C Ln C) River Cities condominium and not share ro Cities lifestyle with RV travel Combine the Rive their RV with another resident. see all of North America in two very different ways. i4ONOW. iilal I 1 11„n1111; IVAIMttt4u' USIC AND CULTURAL EVENTS ONBOARCLACTIVITIES i r TANDA' ' CONDOMINIUM DE I N . 4- 4- ro CO 0 QJ o O ro O -0 a--, i v 0) ro Q) l i .i m m a--' O) O r- - O Tennessee 4— Ln co ro 4) i ro ro a) 0 LL 4- ro * O a E N a_ - a--; LO a) 0 4- m C Ln 4— o - O O o ro LPI LO O L-L Q1 r L° n-j E CO ra m ro O CO) r �o ros_ 2 O L O ro 12IQl i-ro ▪ Q) 0 C - U To E m m C of p o — O 1— LL * 0 O -a O en a L 4- - tr N Q -, O en CH in O — 00 O ro LO (-NIO 0m ) 1-n s_ • ro ro LO 4— • 0 L O - ro - ro .0 }' Y ro E C O ro LJ -I-10 = Ul - CO C D ▪ 0 LL *These are estimated final prices. Speak with a sales representative for all the details. y I AVID . ELSO 0. 0 J W W 0 ro Q1 CE C O u O_ 0 aJ 0J 'D C ro O L) u ro C 0 CO C aJ 0J 0 0J > f0 L ro cu 0l fV 0 LL On O 0 t u Q C 0Jcu v Ln 0J Ero ro O L C 0 u +-, Ln C 0 LJ 0J C m E C ro ro C 0J in a., and have served in the US Army and Peace Corps. These experiences, along with years of living on the water, have contributed to my vision of a River Cities community. I am grateful to the many consultants and long - 0 O O_ aJ u C 0 Ln L D▪ J- l C _0 C ro 0J ro 0J i aJ E 0J O_ 0J L 0J ro L O 0J 4--, ro 0 0- J E rhythms of the river - its wildlife, weather, and wonderful community of 0J CO Ln 0 4--, CO 116 in 0J U aJ >_ C QJ 0 0 0) Q • OUR WATERWAYS: TENNESSEE RIVER CUMBERLAND RIVER w o Q z_ ARKANSAS RIVER MISSOURI RIVER ATCHAFALAYA RIVER INTRACOASTAL WATERWAY TOMBIGBEE WATERWA 5,500 MILES OF RIVERS 1.100 MILES OF INTRACOASTAI.. ww. `iver ti- C. .. xK•ui -: • 6-891-250 " -65 -344- • 7 , L z MEMORANDUM To: Mayor and City Council From Shawn Sanders, Director of Public Works Date: January 28, 2008 Re: Snow and Ice Control Policy DISCUSSION : Over the past couple of years, staff has been working on a snow and ice control policy for the City of Stillwater. Staff has been working on the policy over the two past winter seasons. Advantages of having a snow and ice control policy would: o Establish priorities for snow and ice control operations o Ensure the safety of the Public and City employees o Provide an understanding to the Public on expectations during a snow or ice event o Maintain a uniform snow and ice control procedure throughout the City o Serve as a vehicle for training and continuous improvement RECOMMENDATION It is recommended that Council consider and adopt the Snow and Ice Control Policy for the City of Stillwater. ACTION REQUIRED If Council concurs with the recommendation they should pass a resolution adopting RESOLUTION ADOPTING SNOW AND ICE CONTROL POLICY RESOLUTION ADOPTING SNOW AND ICE CONTROL POLICY WHEREAS, the City of Stillwater believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on City streets; and WHEREAS, reasonable snow and ice control is necessary for routine travel and emergency services; and WHEREAS, the City will provide such control in a safe and cost - effective manner, keeping in mind safety, budget, and personnel and environmental concerns; and WHEREAS, the City will use City employees, equipment and /or private contractors to provide this service; and WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Stillwater. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Stillwater, Minnesota that said Snow and Ice Control Policy is hereby approved and adopted. Adopted by the City Council this 4th day of February 2008. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER SNOW AND ICE CONTROL POLICY 1. INTRODUCTION The City of Stillwater believes that it is in the best interest of the residents for the City of Stillwater to assume basic responsibility for control of snow and ice on City streets. Reasonable ice and snow control is necessary for emergency services and routine travel. The City of Stillwater will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City of Stillwater will use city personnel, and City equipment in normal snow removal operations, in large snow events; private contractors may be used if needed to help provide this service. 2. ICE AND SNOW CONTROL OPERATIONS The safety of the traveling public is the main concern of the City of Stillwater Public Works Department. Our goal is to have all city streets passable within a reasonable period of time after a snowfall has stopped. Intersections, hills, and curves will be treated with the intermittent application of salt and sand between intersections. This should keep our streets in relatively safe driving condition if motorists exercise caution and drive with care. At times, the Public Works Department may pre -treat main intersections and hills with salt and /or chemicals in anticipation of a snow event to help prevent snow -pack and ice buildup. The Public Works Superintendent (Superintendent) shall determine when to begin snow and ice control operations. Employees of the Stillwater Police Department may contact the Superintendent after normal department hours, advising him /her if the roads become impassable. The Superintendent will then make the decision on when to call in employees to plow; this will depend on driving hours already logged that day by employees. Snow and ice operations, are expensive and involve limited personnel and equipment, will not be generally conducted for snowfall less than 2 inches. Conditions that will determine a snow plowing or ice control operation are as follows: A. Snow accumulation of two inches of snow or more. B. Drifting of snow that causes problems for travel. C. Icy conditions which seriously affects safety and travel. D. Time of snowfall in relationship to heavy use of streets. 3. SNOW AND ICE CONTROL PROCEDURES It is the intention of the Public Works Department to review the following procedure on an annual basis in order to make changes necessary to maximize safety and efficiency. The start of snow and /or ice control operations for any storm is dependent upon immediate and anticipated conditions. Because of the many weather variables encountered, maintenance requirements differ for each snow and ice event. General winter maintenance requirements have been established for different snow and ice events as follows: • Freezing rain, sleet, black ice, and freeze /thaw. These types of events are based on changing weather conditions. The Superintendent will determine the required ice control response based on current and forecasted conditions. The response may vary from one unit to full fleet applying ice control material. • Snowfall of less than 2 ". General snowplowing may not be necessary and normal ice control procedures may be adequate to produce safe winter driving conditions. The Street Maintenance Supervisor may deem plowing necessary if a series of less than 2" snowfalls has caused a buildup of snow on City streets. • Snowfall of 2" to 6 ". Typically, snow removal begins as soon as practical after snowfall has ended. Depending on the timing of the snowfall event, every effort is made to provide motorists with safe winter driving conditions prior to critical time periods. The most critical time periods are weekday morning and evening rush hours. The City will attempt to remove ice and snow from the City maintained collector and priority streets prior to rush hour periods. Normally, collector and priority streets are plowed first. Once the collector and priority areas are plowed and opened, the remaining streets in the residential, commercial, and industrial areas will be plowed and ice control applied. • Snowfall greater than 6 ". Each plow route has a system of collector, priority, and secondary streets that link neighborhoods, major arterials, and facilities such as schools, health care facilities, etc. Depending upon the duration of any snowfall event, it may be necessary to continually clear priority streets in order to assure public safety. Once snowfall has ended, priority streets within each route will be cleared before snow removal begins on secondary streets. Ice control measures will follow once streets are plowed full width. A. PLOWING PROCEDURES Each Stillwater city street is classified based on the street function, traffic volume, and importance to the welfare of the community. Those streets classified, as "Main Routes" (Exhibit A) will be plowed first. These are high volume streets that connect major sections of the city and provide access for schools, fire, police, and medical services, which include hospitals, fire and police stations. The remainder of f the City is divided into 11 plow districts and 2 cul -de -sac routes (Exhibit B). The first priority in each district is collector streets that connect to "Main Routes ". The second priority streets are non - collector streets. The third priority areas are city parking lots. Depending on the time of day when snowplowing operations begin downtown city parking lots may be plowed first. Hilly areas are often given higher priority than flatter areas. Snow will be plowed in a manner so as to minimize any traffic obstructions. The snow will be pushed from left to right. The discharge shall go onto city right of way of the boulevard. Snowplow trucks will begin at the opposite ends of the City to expedite the snow plowing process. Snowplows will make right hand turns, this will speed up snow removal operations and minimize spill over at intersections. In cul- de- sacs, 1- ton trucks will try to minimize snow windrows in driveways and push the majority of the snow on to the boulevard. After a normal snowfall all city streets, cul -de -sacs, and parking lots will be plowed from curb to curb in approximately ten to twelve hours. Heavier snowfalls will take additional time to clear. Drivers will assist in other zones if their zone is completed ahead of schedule and will do any cleanup work if necessary. B. ICE CONTROL PROCEDURES City's trucks are sent out under the same priority criteria as plowing procedures: Main routes first, then commercial and residential streets. City -owned parking lots are included. Hilly areas are often given higher priority than flatter areas Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of City employees and equipment. Factors that may delay snow and ice control operations include: strong winds and blowing snow that would limit visibility and pose a safety hazard to employee or the public. Operations will also be delayed or suspended if existing or anticipated conditions indicate the operations will not be effective. Any decision to delay or suspend operations shall be made by the Public Works Superintendent based upon the actual and anticipated weather conditions. Each year the Public Works Department will review and make changes as deemed necessary showing the city maintained street system and snow plow routes. Equipment is assigned to each route based on availability and the effort required for the control of snow and ice. The routes will be periodically revised to correspond with the budgetary, equipment, and personnel resources available. Within each route, the collector and priority streets are defined along with streets and highways within the city limits that are maintained by other government agencies. Streets and highways within the community that are maintained by Washington County and the Minnesota Department of Transportation will be maintained under the county and state maintenance policies. 4. CITY TRAILS and SIDEWALKS Designated trails and sidewalks (Exhibit C) are normally plowed when the measured snowfall depth exceeds two inches. Snow removal should commence approximately 24 hours from the end of any snowfall with an accumulated depth exceeding two inches. The designated trails should be cleared approximately 48 hours after the commencement of snow removal. Designated trails should be cleared as thoroughly as possible but need not be cleared of all ice and snow nor need they be maintained to bare pavement. Salt and sand may be used in the snow removal process. Snow removal should normally be done by park maintenance employees. Snow removal may be conducted on a 24 -hour a day basis, which may result in snow removal equipment being operated in residential areas during the evening and early morning hours. 5. SNOW REMOVAL The Superintendent will determine when snow will be removed by truck from the area. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel, and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. Snow shall be pulled away from the curb and placed in windrows near the center of the street. From this point the windrows will be picked up and hauled away. Snow pickup shall be accomplished using such personnel, equipment and methods appropriate to maintaining a reasonable and safe passage of vehicles and pedestrians at all times. The Public Works Superintendent or designee may restrict traffic and parking as conditions may dictate. The Superintendent or designee shall be responsible for contacting the Police Department in order to coordinate snow removal and hauling operations with law enforcement's tagging and towing duties. Signs will be placed (NO PARKING SNOW REMOVAL) 24 hours in advance of snow removal operations. Snow and ice removal operations will be conducted only when weather conditions do not endanger the safety of employees or equipment and operations are effective. Under severe conditions, limited visibility, or where weather patterns suggest additional ice and snow, streets may not be plowed "full width" and plowing in some areas may be delayed. Factors that may delay snow and ice control operations may include severe cold, significant winds, limited visibility, and rapid accumulation of snow. 6. EQUIPMENT and MAINTENANCE The City of Stillwater will acquire, maintain, repair and replace equipment on a timely basis, as the established budget will allow. To provide for utilization of equipment in a cost effective manner, the city may use city trucks, motor graders, front end loaders and other regular equipment as may be useful for control of snow and ice. For snow removal on cul -de -sacs, a one -ton truck will be used. Exceptions may be made depending on personnel available and equipment conditions. Before any piece of equipment is put into operation, Public Works Department personnel will complete a D.O.T. inspection log on vehicles that require it. This includes checking all fluid levels, belts, tires, and lights to ensure all equipment is in good operating condition. Any unsafe equipment or repairs that are needed should be reported immediately to the Public Works Supervisor. 7. WORK SCHEDULE FOR SNOWPLOW OPERATORS Snowplow operators are expected to work eight -hour shifts. In severe snow emergencies, operators at times may have to work in excess of eight -hour shifts. However, because of budget and safety concerns, no operator shall work more then twelve -hour shift in any twenty - four hour period. 8. USE OF SAND AND SALT AND OTHER CHEMICALS The City will use salt and sand, and other chemicals when there are hazardous icy conditions. The City of Stillwater is concerned about the effect of salt on our environment and will limit its use for that reason. Salt and sand with salt are stored in a manner to minimize run -off and every reasonable effort will be made to protect public waters. 9. PROPERTY DAMAGE Snow and ice control operations may cause property damage even under the best of circumstances and care on the part of the operators. The major types of damage are to improvements in the road right -of -way which extends approximately 10 -13 feet beyond the curb location. The intent of the right -of -way is to provide room for snow storage, utilities, sidewalks, and other City and Public uses. Mailboxes — Where mailboxes are placed adjacent to the street it shall be the policy of the city that snow be plowed as close as practicable to the curb to allow for passage of traffic and mail delivery. It shall be the responsibility of the property owner or resident to keep piled snow away from mailboxes so mail can be delivered. Where damage to the mailbox occurs, the Public works Superintendent or designee shall investigate such damage. If it is determined that the weight of the snow caused the damage, the city will not assume responsibility for repair of the mailbox. Where evidence indicates that physical contact between the plow and the mailbox occurred the City will repair or replace the mailbox, providing it's a standard design that conforms to U.S. Postal specifications and MN Statute 169.072, MN Rule 8818. Damage to non- standard mailbox will not be repaired or replaced. Some examples of non - standard boxes are: brick planters, custom design or lettering, or larger then standard installations. Mailbox damage must be reported to the Public Works department within 72 hours for verification. Boulevard Sod — It shall be the policy of the City to repair any damage to sod caused by plowing, the Public Works Department will repair the damage by relaying the turned up pieces or placing black dirt and grass seed. The property owner may elect to do the repair using commercial sod. The City will reimburse the property owner the cost of the sod (no labor). Reimbursement must be approved by the City prior to the commencement of the corrective work or purchasing of sod. The City will repair /replace sod damaged by its snowplows during snow removal operations if reported to the Public Works Department by June 1, of the following winter. The city will not replace sod damaged due to the application of salt, sand or other deicing chemicals. Landscaping, including nursery and inanimate materials that are installed or encroach on City owned right -of -way are permitted but the owner assumes all risk of damage. The City will assume no responsibility for damages incurred as the result of snow removal and ice control activities except that the City will repair or replace sod only on City owned right -of -way that is removed as the result of plowing activities. The City will assume no responsibility for damage to underground lawn sprinkling systems, exterior lighting systems, underground fencing, and similar landscaping installed in the City owned right -of -way. Damage to personal vehicles will be considered only if they are legally parked and only if physically contacted by City equipment. 10. REGULATING PARKING Stillwater City Code Section 51 -5 regulates parking on City Street- Beginning 12:01 A.M. November 1st, through midnight April 1st, all vehicles parked on City streets must be parked on the side of the street that bears addresses that are odd and /or even according to the day., except as specified in the Stillwater City Code Section 51 -5 On the odd numbered days, vehicles must be parked on the odd addressed side of the street and on even numbered days, vehicles must be parked on the even addressed side of the street. Between the hours of 7:00 P.M. to midnight you must move your vehicle to the side of the street where parking is allowed for the next day. 11. RESPONSIBILITIES OF RESIDENTS Snow storms create numerous problems and inconveniences. This policy has identified streets, sidewalks, trails and parking lots that the City will clear. Residents also have certain responsibilities. These include clearing their own driveways, sidewalks abutting their property, private sidewalks, clearing areas for trash pickup, clearing mailboxes, and /or newspaper delivery tubes. These areas should be cleared without depositing any snow into the street. Trash cans and other temporary obstacles should not be stored on the street surface. One common perception is that snow is intentionally deposited in driveways and walkways. In fact, it is a result of normal plowing operations. Most of the City's mainline plowing vehicles are equipped with a front plow and side wing for two pass plowing of residential streets. Plows are angled to the right for plowing from the centerline of the street to the curb. For this reason, a certain amount of snow will be deposited in driveways and sidewalks. Operators are instructed to attempt to minimize these instances. However it is not practical to eliminate this situation. Residents should be aware they may have to clear their driveway or sidewalk a second time after their street is plowed. The City will not plow private streets, driveways, or walkways. Snow from public streets will be plowed onto boulevards. Building obstructions on boulevards ultimately increases costs to taxpayers because of equipment breakage and additional time required to complete snow removal operations. Residents are allowed a mail /media box within the boulevard area. All mail /media boxes must be located behind the curb line and /or shoulder of the road. It is the responsibility of the resident to maintain their mail /media box in a state of good repair. Mail /media boxes should be of sufficient strength to withstand normal maintenance operations. 12.ASSISTING STRANDED MOTORISTS The Public Works Department may assist stranded motorists by contacting law enforcement /emergency personnel. Public Works personnel will not attempt to remove stuck vehicles from ditches, snow banks or any other impediment. 13. QUESTIONS and COMPLAINTS Complaints regarding snow and ice control or damage shall be taken during normal working hours and handled in accordance with the City's normal complaint procedure. High priority complaints (those involving access to property or problems requiring immediate attention) shall be handled on a priority basis. Response time should not exceed twenty -four (24) hours for any complaint. It should be understood that complaint responses are to ensure that the provisions of this policy have been fulfilled and that all residents of the City have been treated uniformly. It is the intention to log all complaints and upgrade this policy as necessary in consideration of the constraints of our resources \ \ I \ Von >_ 02 2 EE o_ l\ N toe ; 3* 0 111 11 1) 1 "1 iz 0 LI 5 ci) ©cm e • \N..* f-42222 r s1/4 u.) 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AVM DELMO ,, ,..,,..„..q., * - A.„ d, "..,,, ' *4ki, so.° 1%.* 1 ij 51253111 a 1.2 N. it 11N `T' 3 i 6j _.. -,-.-...-.,--■ 52.,/i 9 ... _J f..)— °,1 NO NW/5,0NaCl ilfi N3AVIV1 I 1441 18 N tip 4 tlize 35V 8 .1110 maim 11 1S , v � ■ �' lOH In lig� ® ■� Elie ENE S ® apane � ®■ ���■ 19 - 111 3 Nei Aimp®® ®® ® a Wind ,s` CORPORATE RESOLUTION FOR BROKERAGE INVESTMENT ACCOUNT Account Number: Office Registered Rep.'s Name: Registered Rep.'s Number: Name for Filing EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER MINNESOTA HELD: FEBRUARY 4, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council (the Council) of the City of Stillwater (the City), Washington County, Minnesota, was duly called and held at the City Hall in the City on February 4, 2008, at 7:00 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2008- RESOLUTION AUTHORIZING AN INVESTMENT ACCOUNT WITH BNY CLEARING SERVICES, LLC BE IT RESOLVED, by the City Council (the "Council ") of the City of Stillwater, Minnesota, (the "City ") as follows: Section I. Recitals. 1.01. The City, pursuant to Minnesota Statutes, Sections 118A.01 through 118A.08, has authority to invest "Public Funds" as defined in Minnesota Statutes, Section 118A.01(4). Stillwater Page 1 1.02. Public Funds may be invested in the manner and in the securities detailed in Minnesota Statutes, Sections 118A.04 and 118A.05. 1.03. Minnesota Statutes, Section 118A.02(1) permits the City Council to authorize the treasurer or chief financial officer to make investments. 1.04. The City of Stillwater is a "Government Entity" as defined in Minnesota Statutes, Section 118A.01(2). 1.05. Subject to compliance with Minnesota Statutes, Section 118A.04(9), the treasurer or chief financial officer may purchase securities through a broker - dealer. Section 2. Approval of Account/Investments. 2.01. The City Administrator, who is the City's "treasurer ", is authorized to open and maintain an investment account with BNY Clearing Services, LLC, a Bank of New York Company ( "BNY ") through Northland Securities, Inc. ( "NSI "), and any BNY or NSI affiliate, subsidiary, or successor corporation, for the purpose of buying and selling such securities as may be permitted by Minnesota Statutes, Sections 118A.01 through 118A.08. The trading of options, trading on margin, and selling short is not authorized. 2.02. The City Administrator or any duly appointed deputy thereto, including the Finance Director are authorized to act on behalf of the City with respect to the BNY/NSI investment accounts without any limitations. This authority includes, but is not limited to, the authority to open and close investment accounts, to execute documents on behalf of the City, to order securities transactions, to order assignment or transfer of securities and distribution of proceeds, and to otherwise make investment decisions on behalf of the City with respect to any investments or investment accounts. 2.03. That BNY/NSI and all transfer agents are authorized to rely upon the oral or written instructions of the Administrator without further inquiry into that person's authority to act on behalf of the City. Furthermore, BNY/NSI and all transfer agents may continue to exercise such reliance until the City provides BNY/NSI with a certified copy of a resolution of the City revoking or modifying this resolution. Stillwater Page 2 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon voted being taken thereon, the following voted in favor thereof: and the following voted against the same: 2008. Whereupon said resolution was declared duly passed and adopted on February 4, Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA ) )SS COUNTY OF WASHINGTON) I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Washington County, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the preceding extract of minutes of a meeting of the City Council of said City held on the date therein indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said minutes relate to the topic described in the title of the resolution set forth in the extract. WITNESS my hand officially and the official seal of the City on February 4, 2008. Diane F. Ward, City Clerk (SEAL) Stillwater Page 3 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 01/29/2008 Re: Downtown Parking Commission I have received an application from David Korte expressing his interest to serve on the Downtown Parking Commission. Staff has been continually advertising for applicants for this Commission, as well as placing information on the City's web site and has only received Mr. Korte's application so far. Mr. Korte's application would be for the resident vacancy on the commission. At the December 18 meeting the following information was presented to Council. DOWNTOWN PARKING COMMISSION — 2 EXPIRED TERMS — Martin, Tilsen No applicants Need five (5) applicants — 1 resident, 4 business /property owners. Council has changed its process of appointments to a commission, therefore I request direction if the Council wishes to interview Mr. Korte or appoint him at this time. 3515 Pine Hollow Place Stillwater, MN 55082 -3455 January 5, 2008 City of Stillwater c/o Diane Ward, City Clerk City Hall 216 N. 4th ST. Stillwater, MN 55082 Re: Application For Appointment to the Downtown Parking Commission I am writing to express my interest in the above position. In 2005, at age 54, I retired from the Department of Corrections -Oak Park Heights and have since been pursuing community activities that intrigue me. The City of Stillwater community is such an interest and I would love the opportunity to participate at this level. Sincerely, a David Korte davidkorte @comcast.net 651.342.0977 4 CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, FEBRUARY 11, 2008 The City of Stillwater Planning Commission will meet on Monday, February 11, 2008, at 7 p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street. AGENDA 1. CALL TO ORDER 2. APPROVAL OF December 10, 2007 and January 14, 2008 MINUTES 3. PUBLIC HEARINGS 3.01. Case No. 07 -51. A preliminary plat that subdivides one lot into four lots, a rezoning from AP, Agricultural Preservation, to LR, Lakeshore Residential, and a variance to the lot width requirements located at 1133 Nightengale Blvd. Damon Francis, Advent Builders, representing Bryan and Joni Heller, applicant. Continued from the January 14, 2008 Planning Commission Meeting. 3.02 Case No. 08 -05. A variance request for a handicap accessible ramp located at 1007 South 2nd Street in the RB, Two Family Residential District. Alan Karoff, applicant. 3.03 Case No. 08 -06. A variance request for the replace of a roof with design modifications, replace siding and the construction of a garage located at 2310 Boom Road in the RA, Single Family Residential District and the St Croix Riverway Overlay District. Marlys Gould and Todd Olson, applicants. 4. OTHER BUSINESS 2/4/2008 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions FEBRUARY 12 County Board Group Photo FEBRUARY 19 Regional Rail Authority The Board will meet as the Regional Rail Authority for the following items: Hold election of ChairNice Chair for 2008; Metro Transitway Development Board 2008 State Legislative Package; and Metro Transitway Development Board Washington D.C. Trip. Workshop — Review Impact of Land and Water Legacy Program on Local Tax Base FEBRUARY 26 Workshop — Review Technology Infrastructure Improvement The Information Technology Department will review technology infrastructure improvements that have been done and will need to be one to adequately position the county for the future. MARCH 1 National Association of Counties (NACo) Conference — March 1 — 5 Commissioners Hegberg and Pulkrabek will be attending the NACo Conference in Washington D.C. MARCH 11 Regional Rail Authority — Central Corridor Update The RRA will hear a presentation on the Central Corridor. Workshop — Enterprise Content Management Review recommendations of the consultant [merge. MARCH 18 (Commissioner Hegberg — Absent: AGRIP Conference) FUTURE Comp Plan Updates — Periodically During the Planning Process Introduction of Sherry Broecker, Newly Appointed Metropolitan Council Member Representing District 12 Workshop - Review the Land and Water Legacy Operating Policies BID OPENINGS February 7 -48 VDC Power Systems for 800 MHz Radio Equipment Sheriff's Office February 26 Landscape Maintenance Services Public Works M: \USERS\ADM\PRRADDA \W PWG E N DA \Workshops\Preview. doc Summary of Proceedings Washington County Board of Commissioners January 22, 2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Myra Peterson, District 4. Absent none. Board Chair Hegberg presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Peterson — Asked that Mark Furhman be invited to speak on the Central Corridor at a future Regional Railroad Authority meeting; March 5 is Transportation Day at the Capital; She stated that at a recent AMC Board of Director's meeting she inquired if any counties sold ads in their newsletter and no one at the meeting did; - Commissioner Pulkrabek — Reported that last week he received the School District 622 community education newsletter and there were ads in that; and he received his driver's license renewal in the mail and they also had advertisement in the envelope. Community Corrections Approval of the following actions: - Appoint Sheila Colbert, Cottage Grove, to the Community Corrections Advisory Board; - Amend Policy #1032 to include the Joint Mediation Session Fee of $103 for 2008. Community Services Approval of the fallowing actions: - Appointment'sof Robert Rafferty, AMI Representative, to the Mental Health Advisory Council; Contract with the American Red Cross, transportation services for adults using waivered services; 2008 — 2011 contract with Avalon Programs, LLC, adult outpatient chemical dependency treatment; 2008 — 2011 contract with Human Services, Inc., adult and adolescent outpatient chemical dependency treatment; 2008 — 2011 contract with Cedar Ridge, Inc., adult residential chemical dependency treatment; 2008 — 2009 contract with Working on Life's Fulfillment, Inc., home and community based services for persons with developmental disabilities; Amendment to contracts with HIRED, Employment Action Center, and Workforce Resource, Inc., to modify the annual budget with the Andersen Windows Dislocated Worker Project. Financial Servicls Approval to revue Policy #2506, Petty Cash and Change Funds to create a change fund for the Community Corrections Sentence to Service Program. General Administration Approval of the following actions: - January 8, 2008 Board meeting minutes; Resolution No. 2008 -011, authorizing the execution of a Joint Powers Agreement with Dakota, Carver, and Olmsted Counties for a 2008 Residential Survey; - Letter of support to City of Oakdale for special legislation to provide for 35 year tax increment financing redevelopment districts to reverse the trend of blight and decay that exists in certain areas of Oakdale; - The county to use the appointment process to fill the vacancy of Commissioner District 5; the date for appointment will be February 5; and persons interested in appointment should send a letter of inter:: °st and resume to the Office of Administration by Tuesday, January 29, 2008; Board consensus to televise Commissioner District 5 interviews on TV prior to the Board meeting on February 5; - Board correspondence was received and placed on file. Public Works Approval of the following actions: - Lease agreement with Michael and Courtney Bengston for county owned property located within Lake Elmo Park Reserve; - Workshop for an update on the Cottage Grove Southwest Area Transportation Study. Sheriffs Office Approval of the fallowing actions: - 800 MHz radio site license agreement with T- Mobile Central LLC for co- location on their Hugo tower site located on 147th Street; Contract award to Vinco, Inc. for construction services for the Hugo T- Mobile radio use; - Resolution No. 2008 -012, 2008 criminal gang strike force and narcotics task force grant, narcotics division; Resolution No. 2008 -013, 2008 criminal gang strike force and narcotics task force grant, gang strike force. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62' Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners January 15, 2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Myra Peterson, District 4. Absent none. Board Chair Hegberg presided. Commissioner District 5 - The Board Chair asked for a moment of silence in memory of County Commissioner Greg Orth, who died on January 12, 2008; - Resolution No. 2008 -005, in memory of Commissioner Gregory Orth. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: CommissionF.r Kriesel — Will attend a meting this evening at the Stillwater Public Library to discuss Xcel Energy's desire to place fly ash in West Lakeland Township. Community Corrections Approval of agreement with Tubman Family Alliance, services provided to victims and families of domestic violence. Community Services Approval of the following actions: Re- certification application for adult rehabilitative mental health services through the Department of Human Services; 2008 — 2011 contract with Haven Chemical Health Systems, LLC, adult residential chemical dependency treatment and adult outpatient chemical dependency treatment; 2008 — 2010 contract with REM Minnesota, home and community based services; 2008 contract with Hope House of St. Croix Valley, home and community based services. General Administration Approval of the following actions: - Commissioner committee assignments for 2008; Operations grant to the Washington County Agricultural Society for 2008; - The Board Chair welcomed the Stillwater Area High School group with students from Kathleen Ferguson Quinn and Brad Benson's Social Studies Classes; Appointment of Kuchen Meyer, Afton, to the Housing and Redevelopment Authority Board of Commissioners. Board correspondence was received and placed on file; Workshop held to discuss the Comprehensive Plan update 2030; Workshop to review printing and advertising options for the Staying in Touch Newsletter. Human Resourc 'es Approval of the fallowing actions: - Ratify a three -year 2008 -2010 agreement with the Attorney Association; Ratify the 2008 health insurance for Supervisor's Association; - Revise Policy #5003 Employee Recognition Program to include IRS requirements regarding gift cards and taxable income; - Revise Policy #5014 Comparable Worth to reflect change in the responsibilities of the committee. Property Records and Taxpayer Services Approval of the following actions: - Amendment #1 to assessing contract with the City of Forest Lake; Amendment #1 to Joint Powers Agreement with Minnesota Counties Computer Cooperate; and reappoint Ke -in Corbid as delegate, and Kristin Tuenge and Joanne Helm as alternate delegates to the MCCC; Resolution No. 2008 -010, conveyance of tax - forfeited lands for an authorized public use. Public Health and Environment Approval of the following actions: Appointments to the Groundwater Advisory Committee as follows: Jon Whitcomb, Rick Vanzwol, and Julia Welter; Appointments to the Public Health Emergency Preparedness Advisory Committee as follows: Mary McComber, Robert Livingston, and Stacy Bohl; Accept 2008 funding in the amount of $50,000 from UCare Minnesota for expansion of the aging health promotion activities. Public Works Approval of the billowing actions: Resolution No. 2008 -006, acceptance of a grant from the Hardenbergh Foundation for the Historic Courthouse; - Resolution No. 2008 -007, acceptance of a grant from the Hubbard Broadcasting Foundation for the Historic Courthouse; - Resolution No. 2008 -008, bid award for Law Enforcement Center cooling tower replacement to Master Mechanical, Inc. Contract with Fluid Interiors for provision of technical services for modular furniture at various county facilities; Resolution No. 2008 -009, Cottage Grove Ravine land exchange agreement with Metropolitan Council; Information on design credits for service center construction amendments in the amount of $165,3898.88 to be applied to other design work of county projects; Agreement with Metropolitan Council for the partial reimbursement of acquisition costs at Grey Cloud Island Regional Park; Washington .:Conservation District Award to county Parks staff for the Outstanding Conservationist certificate for 2007; Recognized Louise Smallidge who received the 2007 Outstanding Supervisor Award. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners January 8, 2008 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Greg Orth, District 5. Absent none. Board Chair Hegberg presided. Board Chair and Vice Chair for 2008 Commissioner Hegberg was elected Chair and Commissioner Peterson elected Vice Chair for 2008. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner- Peterson — Attended the organizational meeting of a coalition that will be advocating fe- the Hastings Bridge; She encouraged Stillwater to get a coalition up and running for the Stillwater Bridge; She will be attending two MICA meetings this month on January 16 and 23; March 5 is the Transportation Alliance meeting at the Capital and encouraged all Commissioners to attend; Commissioner Pulkrabek — Will be meeting with constituents on January 9; - Commissioner Orth — Discussed a flood meeting he attended in Woodbury last Friday; and, FEMA will be holding a meeting to discuss the National Flood Insurance Program, FEMA Flood Maps, and insurance issues at the Government Center on January 23; and 3M will be holding a PFC meeting in Woodbury on January 10; Commissioner Hegberg — Reported that the bus service from Forest Lake to Minneapolis started on January 7 and stated they had overflow parking; Commissioner Kriesel — Reported he has been working with the Veterans Rest Camp on their 2008 budget; he also met with the Mayor of Lakeland to discuss the County Road 18 project. Community Corrections Approval of the fillowing actions: Agreement V ith Human Services, Inc. for domestic abuse assessment and treatment with: P.L.A.C.E. phgram in Stillwater, the Community Options Program and the VOICES program; Renew agreement with White Bear Lake Community Counseling Center, Forest Lake Youth Service Bureau, and the Youth Service Bureau, Inc.; Renew contracts for Multi Systemic Therapy, a research -based intensive in -home therapy program and alternative to juvenile placement; Resolution No. 2008 -002, accept a Title II Juvenile Justice grant from the Office of Justice Programs. Community Services Approval of the following actions: - Contract with Alpha and Omega USA (dba) Travelon Transportation, transportation services for adults using waivered services; - 2008 contract with American Red Cross Twin Cities Area Chapter, emergency social services and crisis resronse services; - 2008 — 2011 contract with Bachmann & Associates, Inc. adult outpatient chemical dependency treatment; Amend contract with Blue Plus, care coordination services for enrollees of the Managed Care for persons with disabilities program; - 2008 — 2011 contract with Burkwood, Inc. for adult residential chemical dependency treatment; - 2008 — 2011 contract with CommonBond Communities, financial case management, a home and community -based service; - 2008 — 2011 contract with Dakota County Receiving Center, adult residential chemical dependency treatment and detoxification services; 2008 — 2010 contract w /Family Means, home and community -based services; 2008 — 2011 contract with Kinnic Falls Alcohol -Drug Abuse Services, Inc., adult residential chemical dependency treatment; - 2008 — 2010 ';ontract with Metro Social Services, Inc., provide home and community -based services; 2008 — 2011 contract with On Belay of Minnesota - Anthony Lewis Center, adolescent outpatient chemical dependency treatment; - 2008 — 2010 contract with People, Inc., provide home and community -based services; - Contract with Twin Cities Transportation, Inc., provide transportation services for adults using waivered services; 2008 — 2011 contract with "We Care Counseling Center, adult outpatient chemical dependency treatment; - Plan for administration of the Child Care Assistance Program for January 1, 2008 through December 31, 2009. General Administration Approval of the fallowing actions: 2008 Board meetings set for the first four Tuesdays of each month (excluding any Tuesday which is a legal holiday) at 9:00 a.m. December 18, 2007 Board meeting minutes; Resolution No. 2008 -001, award of 2008 newspaper publications bids; 2008 citizen appointments /reappointments to advisory committees: District 1 - Lloyd Knudson, Community Corrections Advisory Board; Bo Bogotty, Community Development Block Grant Citizen's Advisory Committee; Gary Vidlock, Library Board; Christopher Ness, Parks and Open Space Commission; Terry Smith, Public Health Emergency Preparedness Advisory Committee; District 2 - Todd Bruehl, Community Corrections Advisory Board; Manley Ellertson, Historic Courthouse Advisory Council; District 3 - Richard Gustafson, Community Corrections Advisory Board; Marguerite Rheinberger, Public Health Emergency Preparedness Advisory Committee; District 4 - Sheila Colbert, Historic Courthouse Advisory Council; Daniel Bigham, Public Health Emergency Preparedness Advisory Committee; District 5 - Je`an Brown, Historic Courthouse Advisory Council; At Large - Ja'iice Meyer, Audit Committee; Richard Adams Adjustment & Appeals; Susan Kaintz, Community Development Block Grant Citizens Advisory Committee; Raymond Stevens, Groundwater Advisory Committee; Bonita Sindelir, Library Board; Joyce Welander, Minnesota Extension Committee; Becky Meyer, Minnesota Extension Committee; Vincent Anderson, Personnel Board of Appeals; Dr. David Hale, Public Health Emergency Preparedness Advisory Committee; Debra Esse, Public Health Emergency Preparedness Advisory Committee; Jon Mueller, Public Health Emergency Preparedness Advisory Committee; Robert Byerly, Public Health Emergency Preparedness Advisory Committee; SheriffBill Hutton, Public Health Emergency Preparedness Advisory Committee; Bo Bogotty, Forest Lake, Public Health Emergency Preparedness Advisory Committee; James Keller, Public Health Emergency Preparedness Advisory Committee; Katherine Grimm, Public Health Emergency Preparedness Advisory Committee; Joseph Bauer, Public Health Emergency Preparedness Advisory Committee; _ The County board affirms the following committee appointments: Bill Sullivan, Community Corrections Advisory Board; Travis Schwantes, Community Corrections Advisory Board; Sheriff Bill 1 .utton, Community Corrections Advisory Board; Mary Waldkirch, Community Corrections Advisory Board; Sonnie Smith, Community Corrections Advisory Board; Linda Eckhardt, Mental Health Advisory Council; Suzanne Hurlburt, Mental Health Advisory Council; Peggy Herzog, Mental Health Advisory Council; Anja Kuehne - Welsh, Mental Health Advisory Council; Bruce Eisenmenger, Mental Health Advisory Council; Kathleen Downing, Mental Health Advisory Council. Memorial Day appropriation of $100 each, upon request, for Washington County Posts & Barracks; Policy #6009, Travel Policy for Elected Officials, including Airline Travel Credit; Commissioner appoints for 2008 made as follows: MELSA, Commissioner Peterson; Metropolitan Emergency Services Board, Commissioners Orth and Peterson; Metropolitan Mosquito Control; Commissioners Hegberg and Peterson; Board correspondence was received and placed on file; Workshop he<d to discuss the 2008 Commissioner Committee assignments; Workshop he'd to discuss Comp Plan issues on housing and library siting. Housing and Relevelopment Authority Approval of the following actions: - Public hearing held to consider a request to modify redevelopment area and create a housing Tax Increment Financing District in Forest Lake; - Public hearing to consider a request to modify redevelopment area and create a housing Tax Increment Financing District in Forest Lake continued to February 5, 2008. Human Resources Approval to amend county's cafeteria plan language of dependent to include unmarried children under the age of 25 regardless of student status. Library Approval of contract for service provided to Stillwater Public Library for 2008. Property Records and Taxpayer Services Adoption of Resolution No. 2008 -004, sale of tax - forfeited land to the City of Cottage Grove for an authorized public purpose. • Public Health and Environment Approval of the following actions: - Resolution No. 2008 -003, grant agreement with the Minnesota Department of Public Safety for the Safe Communities Coalition; - Agreement with Xcel Energy for the authority to operate a fluorescent lamp recycling and reimbursement program; - Agreements with contracted wellness program staff for on -site county employee wellness activities: Mary Hanf, Laura Holmes, Therese A. May, Lucinda Pepper, Carla Schoenecker, and Shawn Svendon- Cates. Sheriff's Office Approval of the following actions: - Additional 1.0 FTE Deputy Sheriff Patrol Officer; - Motorola Change Order #9 to the radio service agreement for a three month extension through March 31, 2008. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 °d Street N., Stillwater, Minnesota. January 24, 2008 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Linda Countryman, Supervisors Jim Doriott, David Johnson, Sheila -Marie Untiedt and Clerk Pat Bantli. Also, Treasurer Carol Collins, Attorney Soren Mattick and Engineer Paul Pearson. 1. AGENDA - M /S /P Johnson / Doriott moved to approve the agenda as amended. (4 ayes) 2. MINUTES - M /S /P Untiedt/Johnson moved to approve the 1/10/08 Stillwater Town Board meeting minutes as written. (4 ayes) 3. TREASURER - a. Claims were reviewed and checks #18529 through #18538 were approved for payment. b. Clarification - The 9/27/07 minutes show that the board members moved to accept a price of $12,000.00 for the Haines Tree Service to remove trees that have been marked in the township right -of -way. The Raleighs cutting trees is a different issue. c. It was brought up that a meeting rate is to be paid no matter how short the meeting is. The meeting rate would still be double for town board meetings lasting longer than 4 hours. d. The treasurer will look into getting the maintenance contract on the copier lowered. 4. ATTORNEY - a. Watson CUP - The Washington County approved the Conditional Use Permit for the Watson Kennel Permit contingent upon the following: 1. The septic system for the animals be inspected. The last inspection was in the 1980's. 2. An annual review of the kennel regarding the possibility of noise and bacterial run -off. b. Meinecke Boat Situation - The judge' ultimatum is that Mrs. Meinecke must get rid of the boat by July 1, 2008. It must be burned up, moved, or sold. c. Bruggeman Issue Our attorney has no answer at this time. ENGINEER - a. Victory Pass Subdivision - M /S /P Johnson /Doriott moved to release the $19,150.00 escrow related to a potential 116th road extension for Victory Pass Subdivision based on a previous precedent that had been set. (4 ayes) b. Washington County Public Works Meeting - Supervisor Untiedt agreed to attend a meeting on February 25th regarding the concept of an intersection at Manning and Highway 36. Stillwater Town Board Meeting - 1/24/08 Page Two 6. PARK COMMITTEE - Town board members will take over making decisions about ball field reservations at Otto Berg Park. 7. BOOMSITE PARK FUTURE - David Johnson will attend _a meeting called for by state officials on January 31, from 6:30 p.m. - 8:30 p.m. at Washington County Offices for discussion. The township's position is to have a role in the decision making but not a primary one. 8. PEOPLE PORTION - a. Conditional Use Permit For Church - Diane and Brian Grigg were present to discuss plans for the placement of a church on a 5 acre parcel of land on Newgate Avenue North in Stillwater Township that will require a CUP. Fees will be required up front before looking into the CUP. Additionally a sign permit will be part of the CUP. Building the church would riot start for several years. The prospective developers expect to be at a town board meeting for more discussion in the beginning of April. b. Bergmann Construction - Jack Kramer will oversee the process of an accessory structure being built on the Bergmann property. 9. COMMUNICATIONS MEETING - Discussed: The website, newsletter, annual meeting information, the possibility of Barbara Medinger as a speaker regarding the Stone Bridge for the annual meeting, Heavy Metal Day coming up, grants for renovating old barns in the township, firewise idea, and the clerk to pursue an updated address list for homes in the township. 10. ADJOURNMENT - Meeting adjourned at 8:40 p.m. Clerk Chairperson Approved Community Volunteer Service and Senior Centers Connecting People January 25, 2008 Mr. Larry Hanson City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Hanson, Enriching Lives Please accept my sincere thanks for your 2008 first quarter contribution of $4,062.50! We received your contribution on January 10, 2008. Your contribution to Community Volunteer Service and Senior Centers allows the board, staff and volunteers to continue forward progress toward our mission of promoting, supporting, and encouraging volunteerism to serve the needs of the community. Through direct and indirect services we impact issues of poverty, volunteer management, and senior involvement and isolation. We sustain volunteerism by connecting people and enriching lives. Community Volunteer Service and Senior Centers believes in our vision which is a community where people care about each other. Our role in this community is to foster community engagement, encourage people to use their talents for the good of their families and neighbors, and to provide volunteer driven prorams and services that help people meet real needs. Our six primary programs operate within this framework every day. Community Volunteer Service and Senior Centers can not operate without the support of the community. Contributions like yours help to ensure that our work can continue. Each year, the Board, staff and volunteers of CVS work hard to generate the resources we need to maintain the quality programs and services we offer to the community. Thank you for making our work easier through your contribution. Thank you for the trust you place in us to be good stewards of your gift and good service providers for your neighbors. We do not take our role lightly and are bolstered in our efforts by your support. Thank you for your contribution. Sincerely, Valerie A. Jones Executive Director a 1 �h )Di— 1 P.S. Please retain this letter for tax purposes as no goods or services were exchanged for this donation. 2300 Orleans St. W. Stillwater, MN 55082 , 651- 439 -7434 • www.volunteercvs.org N't% i�hing yi' Senior Ce' 2007 SPECIAL EVENTS HAPPENING IN STILLWATER, MN Frozen Bocce Ball Tournament Sunday, February 24th This is Brine's Bar & Restaurant 15th Annual Frozen Bocce Ball Tournament. Brine's is located at 219 South Main Street, downtown Stillwater and the event is from 10 am to 10 pm. Tussie Mussie Stroll Event Saturday, April 14th Stroll along Main Street in downtown Stillwater and stop at participating stores to collect a free individual flower or herb until you have composed a Tussie Mussie bouquet of flowers. The event runs from 10 am to 5 pm. March of Dimes WalkAmerica Saturday, April 29th Join the walk that saves babies from premature birth, birth defects and other infant health problems. With your support, there's hope! Visit http: / /walkamerica.org or call 952 -835- 3033 for more information. Teddy Bear Park 2007 Summer Programs Teddy Bear Park is geared to children ages 6 months to 7 years. It includes a small amphitheater, a gazebo, themed play structures featuring antique toys and Stillwater's history, a sandbox with a train station, and climbing walls. It is located on the southeast corner of Second and Nelson streets near Downtown Stillwater. The park is opened from 8 am to 8 pm starting April 16th - October 15th. Special programs for children will begin on May 10th. Click here for a listing of the programs. A more detailed list of the each performance taking place in Teddy Bear Park is available here. Hope House of St. Croix Valley Auction Saturday, May 12th Hope House of St. Croix Valley, an adult foster care home for people living with AIDS, will be holding their 12th Annual Benefit Auction from 10:00 to 2:00, rain or shine, at 451 North Everett Street in Stillwater, MN. For more information call 351 -0496 or visit their website at www.hopehousescv.org. Household Hazardous Waste Day Saturday, May 19th at Lily Lake Park located off Greeley Street in Stillwater. Collection hours are 9 am to 3 pm. For more information call 651 -430 -6770. McKusick Lake Day Saturday, May 19th The McKusick Lake Water Association would like to invite families to stop by the McKusick Lake Park located at the corner of Laurel & Owen Street to learn more about McKusick Lake. There will be guided walking tours around the lake, a picnic style lunch will be provided and you can help partake in cleaning up around the lake too. For more information contact Colleen at 439 -1215. Rivertown Art Festival Saturday & Sunday, May 19th & 20th Come see some wonderful works of art in Lowell Park located in downtown Stillwater. The event is from 10 am to 7 pm on Saturday and 10 am to 6 pm on Sunday. For more information visit the www.ilovestillwater.com home page or contact the Greater Stillwater Area Chamber of Commerce at 651- 439 -4001. Memorial Day Celebration Monday, May 28th A Memorial Day salutation will be held at the Stillwater Veterans Memorial located at the Upper Riverview Parking Lot on South 3rd Street from 11 am to 12 pm. Stillwater Farmers Market Every Saturday beginning June 9th through October 30th Throughout the season this market is full of locally grown fresh produce, plants and goods. It is held in the Riverview Parking Lot on South 3rd Street. Stop on by between 7:30 am and noon. Visit the Stillwater Farmers Market website for more information. White Pine Festival June 20th - 23rd The White Pine Festival is a nonprofit arts festival that will be presented in the St. Croix Valley Area. The festivities begin with a Night Reception free and open to the public at the Stillwater Public Library from 10 pm to Midnight on June 20th. After the concert, enjoy a late -night drink and the spectacular view of downtown Stillwater from the terrace of the recently renovated Stillwater Public Library while mingling with festival artists and fellow audience members. For more information visit www.whitepinefestival.org Great River Energy Bicycle Festival Sunday, June 24th The Stillwater Criterium has an international reputation as the toughest criterium in North America, thanks to Chilkoot Hill, the brutal climb to the fmish. The Stillwater course features two lung- busting hill climbs on each lap. And heart stopping downhill turns that will stretch the riders' bike handling skills to their limits. Bring your friends and family to watch these incredible athletes as they test the limits of their bodies and their bike handling skills. Check out the Nature Valley Grand Prix website for more information. Christian Praise and Worship Concert Sunday, June 24th Come and enjoy "Alive in Worship" hosted by Trinity Lutheran Church. This is a free concert for the entire community featuring Laren Redpath, a contemporary christian artist and a full band. This wonderful event is from 3:30 pm to 6:30 pm American Diabetes Association Fishing Event Wednesday, June 27 Professional anglers will take participants out for a day of fishing on the St. Croix River to help raise funds for the American Diabetes Association. Fish weigh -ins will be at 4 pm with trophies presented to top winners. For more information please contact 952- 443 -3443. Community Theater presents "Sabrina Fair" Friday, June 29th and Friday, July 6th St. Croix Classics Theater Company presents "Sabrina Fair" a romantic comedy theatrical performance held outdoors in Pioneer Park. The production runs 2 Fridays only from 6 pm to 9 pm. It is open free to the public so come and enjoy! Summer Tuesdays in the Park Tuesdays in July & August Come down to Lowell Park in Historic Downtown Stillwater for music, movies and fun!! The market is open from 4 - 8 p.m. Featured music will go from 7:30 - 9 p.m. with the movie beginning at 9:15 p.m. or when dark enough to show! In case of rain, music and movie will be moved into the Water Street Inn ballroom. For more information, to go www.summertuesdays.com Civil War Rededication Tuesday, July 3rd from noon to dusk Wednesday, July 4th from Sam to 5 pm This is a rededication of the restored Civil Ware Monument. There will be a Civil War re- enactment camp on grounds, lectures, music by military bands and the rededication ceremony at 1 pm on July 4th. The event will take place at the Historic Courthouse grounds and the Veterans Memorial in the Riverview Parking Lot on South 3rd Street. Independence Day Celebration Wednesday, July 4th Enjoy the best fireworks around over the beautiful St. Croix River in downtown Stillwater! Orchestra concerts in both Lowell Park and Pioneer Park along with kid activities in Lowell Park are planned. Musically choreographed fireworks simulcast on 1220 AM and through a full sound system in Lowell Park to begin at dusk. Make sure to come early to get your spot! Rumble on the Deck Thursday, July 12th 12th Annual custom motorcycle show at the Freight House located at 305 Water Street, downtown Stillwater from 6 pm to 10 pm. Visit www.rumbleonthedeck.com for more information. Lumberjack Days July 19th -22nd Lumberjack Days is Stillwater's annual summer celebration. Most of the festivities are held in Lowell Park adjacent to the beautiful St. Croix River in historic downtown Stillwater. There is no admission fee. National -act concerts and lumberjack shows along with one of the largest musically choreographed fireworks shows in the United States are just a sample of the free entertainment waiting for you at Lumberjack Days '07. Call St. Croix Events at 651 -430- 2306 for more information or visit their website at www.lumberjackdays.com Day Out With Thomas August 4th, 5th, 6th, 7th, 10th, 1 l th & 12th All aboard for Thomas the Train and Friends. Come meet Sir Topham Hat, ride with Thomas and enjoy story telling, live music and more at the Minnesota Zephyr Train Station located downtown Stillwater on North Main Street. For more information visit their website at http:// www .minnesotazephyr.com/tracks.php Gopher to Badger Half Marathon Saturday, August llth The race starts at 8 am in at the Browns Creek Trails parking lot off of McKusick Road & Neal Avenue and runs through Stillwater ending in Hudson by about 11 am. For more information visit www.raceberryjam.com Washington Square Programs August 2007 Washington Square has been renovated and features a large picnic shelter, small gazebo with tiered gardens, play structures and large open space with a ballfield. It is located on Greeley Street near Lakeview Hospital. Special shows for children are on Wednesday evenings at 6:30pm. Click here for show times. Ballet Dance Performance Thursday, August 16th Come and enjoy a free evening ballet/dance performance by the Ballet Jubilate dancers at Pioneer Park located on North 2nd Street in Stillwater. For more information please call 439 -3187. American Heroes Golf Classic Friday, August 17th An event to honor the memory of Bryan McDonough and help raise money to benefit the families of Minnesota National Guard Service men and women who have been affected by the war. This event will be held at the Oak Glen Golf Course in Stillwater from 6:30 am to noon. For more information go to www.americanheroesgolf.com The Great River Relay Saturday, August 25th An exhilarating long- distance relay race running from LaCrosse, WI to Minneapolis, MN will be passing through Stillwater in the early hours on Saturday. For more information go to GreatRiverRelay.com Woodbury Days Bike Ride Saturday, August 25th The Woodbury Days Bike Ride is a recreational ride for cyclists of all abilities and is not a race. The 10 -mile ride is on bike paths. The 30 & 60 mile rides are on public roads and it goes through beautiful City of Stillwater. This event is free to the public and is brought to you by Woodbury Days Council, an all - volunteer group. Visit www.woodburydays.com for more information Stillwater Firefighters 5K Fun Run Saturday, September 29th This 5K fun run is a fundraiser for the Stillwater Firefighters Relief Association. Contact the Stillwater Fire Department at 351 -4950 for more information. Americas Walk for Diabetes Saturday, October 6th Take an important step to help beat Diabetes! With every step, you'll help to find a cure for this devastating disease. Visit www.walk.diabetes.org or call 1- 888 - DIABETES (1- 888 -342- 2383) for more information. Fall Colors Fine Art & Jazz Festival Saturday & Sunday, October 6 -7th Stroll on through Lowell Park located downtown Stillwater and enjoy fine art provided by local artists and music of local artists and musicians. Event is open free from 10 am to 5 pm. For more information please contact the Greater Stillwater Area Chamber of Commerce at 651 - 439 -4001. Race for a Safe Place Saturday, October 13th This 5K run/walk is a benefit for the Hubman Family Alliance. The race begins at 9:00 am and will start and finish at Rutherford School in Stillwater. For more information, call Stillwater Fitness Club at 651- 430 -1584. St. Croix Harvest Festival Saturday, October 13th Come see the Giant Pumpkin Weigh -Off hosted by the St. Croix Growers Association and also enjoy some fun activities like apple bowling, kids pumpkin Painting, pumpkin carving contest, kids tractor pull and a hay bale maze all downtown Stillwater in Lowell Park. The hours of the event are 8 am to 9 pm. Contact the Greater Stillwater Chamber of Commerce at 651- 439 -4001 or www.ilovestillwater.com for more information. Jingle Jam Concert Saturday, November 24th, 2007 The event will be located at Lowell Park in downtown Stillwater. The concert begins at 3pm followed by the Twinkle Parade. For more information contact the Greater Stillwater Chamber of Commerce at 651- 430 -2306. Youth Ski Race Tuesday, January 1st, 2008 Ski out the old year and ski in the New Year! This is a kid's ski race and family fun ski event at Brown's Creek Park in Stillwater starting at 1:00 pm. The race is open to all kids 15 and under. Families are encouraged to join the kids skiing after the race. For more information check www.mysl.org Check back in 2008 for more information on another exciting year with some spectacular events in Stillwater! grw • iclo outirarx 4.30-.72,7/-7-v ,xA-41,/ ?'-3g-02,/rV 'i7 (P-e-.77-7°X A a / From the Commander Members of Lake Elmo V.F.W. Post #5725, Here's hoping everyone had a great summer. I for one am enjoying the beautiful fall. Things have been quiet at post meetings with the low member turnout. Very important note: Because Thanksgiving is the day after our November meeting, we are changing the meeting date to November 15th to allow people to be with family and at church functions. There are a few things happening in November: Veterans Day, November 1 lth with the annual commemorative dinner catered by The Grand on Saturday, November 10th at the Stillwater Legion with a social hour at 5:00 and dinner at 6:00. Cost of the prime rib and chicken dinner is $20.00. Call the Legion at 439 -1435 by November 7th. PLEASE: Members that have not paid their dues for 2008 - send them in as soon as possible. The VFW needs you. We have only 12 members left to be 100 %. Try to attend a meeting. Your input will be well appreciated. United State Bill No. (S.1877) was passed July 25, 2007 allowing veterans and service people not in uniform to salute the flag. Previous law stated that these veterans should place their hand over their heart. So, GI's and Vets, we can salute the flag whether in uniform or not! Wishing you all a healthy and joyous holiday season. Your Commander, Albert Mitchell POST & AUXILIARY DATES TO REMEMBER November 10th Joint Veterans Day Dinner November 11th 4th District VAMC Visitation — 1:30 p.m. November 11th Veterans Day November 15th Post & Auxiliary Meeting — 7:00 p.m. (NOTE CHANGE) November 17th 4th District Meeting — Cottage Grove, 9:00 November 19th Hastings Bingo December 1st Lake Owasso Christmas Party (tentative day) December 9th 4th District VAMC Visitation December 15th Children's Christmas Party — 12:00 -2:00 p.m. December 19th Post & Auxiliary Meeting — 7:00 p.m. Consumer Corner Bad Breath. Switch toothpaste. Research suggests that toothpaste containing hydrogen peroxide may be more effective controlling the germs that cause bad breath than ordinary Fluoride toothpaste. Perfect Flowers. Flowers from your garden don't need to flop in a vase. A plastic scouring pad placed in the bottom of the vase makes a great floral "frog ". They fit into odd - shaped containers, too. Hospital Stays. When you mail get -well cards to hospitalized friends, write their home address as the return address. That way, if they've gone home, the card will still reach them. MY PRISON BED My prison bed is three stories high, It's also two bed wide. I sleep up in the middle With another by my side. Two more sleep above me, Thank God there's none below. Because to sleep next to the floor, Just adds to a prisoner's woe. The beds are full of fleas and lice, An I almost forgot the bugs. I'd rather sleep on a nice clean floor Covered with rags or rugs. Our springs consist of bed boards, The mattress is of straw. Blankets are made of pulp wood Against which there should be law. Oh! To sleep on a spring bed With sheets of snowy white. Soft wool blankets to cover me, When I go to bed at night. All the people back home who complain, Are just crazy in the head. And should be made to sleep one night Upon my wooden, prison bed! Author - R.J. Elias, P.O.W. WWII .Sister of the Auxiliary Marlene Nelson and I wrapped and filled (15) fifteen boxes for Operation Christmas Child. Thank you to the members who donated mon=ey or items for this worthy cause. The auxiliary spent $105.00 for the shipping, casts. Other recent donations :inchrded_ VFW National Home for Children "nursery find Christmas Seals and Health and Happiness /Christmas Cheer Fund; Wreaths Across America and Washington County United Veterans Council dues. To the members who have not paid their 2008 dues: This is the Last newsletter you will receive. Most of you have been members for a number of years and we would not want to lose you. A check for $18.00 to our treasurer will make you a member in good standing again. Let your conscience be your guide. Warm wishes in the New Year, Judy Mitchell, President WINTER SAFETY Be prepared while traveling during this season of inclement weather. A "blizzard bucket" is a necessity. Items include: 3# coffee can, candle and matches, 30' of cord/rope, small sharp knife, plastic whistle, red bandana or cloth, large plastic garbage bag, snacks (high carb and protein), plastic flashlight and extra batteries and quarters. Store bucket inside your vehicle. Additional items to have are booster cables, basic tools, bag of kitty litter, shovel, road flares, blanket and extra caps and mittens. TROOP ITEMS Enclosed is a list of items requested by overseas troops. We will be collecting these items throughout the year at our meetings and send to our adopted servicemen /women. If you would Like to donate monies to purchase said items, send your check to Emily Urtet, made payable to Lake Elmo Auxiliary and earmarked, "Items for Troops ". If you have a relative serving overseas, call me with the name. We would like to adopt, if possible, those service people who have a connection with our post and auxiliary. TYSON LABELS The VFW National Home for Children is also saving Tyson product labels with the "Project A +" program noted. Each label is worth $.24! This fundraising project for the Home can bring increased revenue. Bring your labels to a meeting or send them to me. a31S311031:1 NOI133E1E103 SS3a ©b► Zi7099 eiosauuiW `ow13 0){E1 £91- X08 'Ord SZL9# 1SOd 'M'd'A 01113 3N1/1 From the Commander Members of Lake Elmo V.F.W. Post #5725, We are hoping everyone had a blessed Christmas and a Happy New Year. Judy and I will attend the Midwinter Conference in Minneapolis on January 18th -19th at the Marriot City Center. If you can, try to stop by. MEMBERSHIP: Dues reminders have been sent by the National organization to all of our annual members. PLEASE remit as soon as possible. If you are considering a Life membership, call our Quartermaster Elmer. He or I can also help with any concerns or problems you may have regarding membership or benefits. We must promote membership for our post and the organization. THANK YOU to the Life and Continuous Members who continue their membership in Lake Elmo Post. OVERSEAS TROOPS: If you know someone, please let me know so I can send phone cards to them. Your Commander, Albert Mitchell POST & AUXILIARY DATES TO REMEMBER January 5th 4th District Poppy Display Contest January 13th 4th District VAMC Visitation — 1:30 p.m. January 16th Post & Auxiliary Meeting — 7:00 p.m. January 18 -19th Dept. Mid - Winter Conference, Mpls. January 21st Hastings Bingo January 30th Auxiliary Audit Report Due to Dept. Office February 9th 4th District Meeting - Mendota @ 9:00 February 10th 4th District VAMC Visitation — 1:30 p.m. February 20th Post & Auxiliary Meeting — 7:00 p.m. Sisters of the Auxiliary Although our auxiliary is small and volunteer efforts are lessening, we do support our VFW programs as much as possible. At the June Dept. Convention we received numerous awards and citations for our support of Operation Uplink, Hospital, Stamp Collection, Community Service, Operation Christmas Child and Voice of Democracy/Patriotic Art. Recent monetary donations and items include: $100.00 to the local Food Shelf for MAKE A DIFFERENCE DAY, backpacks and school supplies for the Lake Elmo Elementary School, overseas troop supplies of squeegees and razors, Marcella Arnold Nursing Scholarship, Christmas at the Hospitals, Junior Girls Unit, National Home Activity Fund and $1180.00 to the Natl. VFW Auxiliary Cancer Aid and Research Fund. All of this is made possible from a portion of your dues used for community service and veteran's needs. By your continued membership in our auxiliary, we are and can MAKE A DIFFERENCE. When you receive your dues notice,.. please - remember this and pay your dues. An enjoyable time was had by all at the auxiliary's 60th Anniversary Party in September. Although the attendance was small, 20 ladies, everyone had a pleasant afternoon. It was especially wonderful to have Vi Erlitz, Past Lake Elmo and 4th District President in attendance. She lives in Amery, WI and doesn't travel far anymore. The annual Christmas Party for area children will be held on Saturday, December 15th from 12:00- 2:00 p.m. at the Stillwater VFW. Once again this year we will support this event both monetarily and volunteer -wise. We will be donating Americanism rulers for the apx. 200 bags handed out. Bring your family for a fun afternoon of food, games and of course, SANTA. Judy Mitchell President CUTTING AND SAVING We no longer are collecting manufacturer coupons for overseas troops. The postage has become far too costly. Do continue to save postage stamps. Keep a 1/4" margin around the stamp. Also, continue to save Campbell product UPC labels for the VFW National Home for Children. See the enclosed sheet for eligible products and see the sample for the proper cutting. O31S3(1O31:1 NO11331:1E103 SS31JOOOV Zi0SS eioseuuiW `owi3 9)1E1 SZLS# 1SOd '/1/'3'A 00113 3NV1 January 10, 2008 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Linda Countryman, Supervisors Jim Hiniker, Jim Doriott, David Johnson, Sheila -Marie Untiedt and Clerk Pat Bantli. Also, Treasurer Carol Collins, Attorney Soren Mattick, Engineer Paul Pearson, Planner Sherri Buss and Chief Of Police Steve Nelson. 1. AGENDA - M /S /P Untiedt /Hiniker moved to approve the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Untiedt/Doriott moved to approve the 12/13/07 Stillwater Town Board meeting minutes as written. (5 ayes) 3. TREASURER - a. Claims were reviewed and checks #18487 - #18528 were approved for payment. b. M /S /P Untiedt/Johnson moved to authorize Carol Collins to attend an auditors seminar. (5 ayes) c. There was discussion about outstanding escrows. Monthly billings will continue. 4. PLANNER - a. David Johnson warmly welcomed Sherri Buss to be the new township planner and discussed a procedure to be used with clients. Planning fees will be adopted as an ordinance that will require a public hearing. The hearing will be scheduled at the first meeting in February. An upfront escrow balance will be held aside for the duration of a project and any incurred expenses will be billed out monthly. Board members requested that meeting materials be distributed by the planner via e-mail for future meetings. b. Kennel Licenses - Currently as long as things are the same as stated in an approved Conditional Use Permit (CUP) for a commercial kennel, the CUP goes with the land and remains in effect. Some communities use a license rather than a CUP. The license is granted to the kennel owner, and does not run-With the property. c. The issue_ of future kennel licenses will go to the planning commission for discussion at their next meeting. d. Gohlike Property - Erosion control issues at the Outing Lodge will be monitored by our new planner. CHIEF OF POLICE REPORT - a. Monthly report circulated. b. No dog impounds. c. One hundred and eleven burning permits issued in 2007. d. Suggested sending the old trailer to the county auction. Stillwater Town Board Meeting - 1/10/08 Page Two e. Bruette property checked and everything is in order. f. Dog licensing coming up soon. g. Meinecke boat issue not yet resolved. 6. SNOWPLOWING ISSUE - RESIDENTS' COMPLAINTS - The Raleighs were not able to be present to discuss the matter. The engineer responded with information such as experimenting with more salt on the well traveled roads, and In areas with steep hills. This issue will be revisited after the Raleighs have experimented with different mixture of salt and sand. 7. 2008 SOIL AND WATER CONSERVATION DISTRICT CONTRACT - M/S/P Untiedt /Hiniker moved to sign a 2008 contract with layneen Thatcher of the Soil_ and Water Conservation District. (5 ayes) 8. OTTO BERG BALL FIELD RESERVATION REQUEST - Rick Hill of the Valley Athletic Association is requesting bail field use for 2008. The issue will be discussed at the next park committee meeting and an answer forthcoming by March 1. 9. BOOMSITE PARK - David Johnson led a discussion about possibilities for bringing life back to the park. He is committed to attending meetings and doing his part on behalf of the township to re -open the site and motivate other people, communities and agencies to join the bandwagon. 10. WEBSITE - COMMUNICATIONS - Linda Countryman reviewed information created by Fred Brandt and Bob Ranalia regarding the website development. 11. TOWNSHIP PICNI.0 - There was a discussion about having a town picnic at Otto Berg Park in 2008, possibly to coordinate with Minnesota's 150th birthday. Board members were supportive. 12. ADJOURNMENT - Meeting adjourned at 10:00 p.m. Clerk Chairperson Approved 2008 WASHINGTON COUNTY BOARD APPOINTMENTS TO COUNTY, STATE, METROPOLITAN, AND NATIONAL COMMITTEESBOARDS COMMITTEE Audit Committee, Member Community Corrections, Contact Community Services Advisory, Contact Disabled Veteran's Rest Camp Economic Development Committee, Member Finance Committee, Member Groundwater Advisory Committee, Contact Historic Courthouse Advisory Council, Contact Housing and Redevelopment Authority Law Library Board, Member Legislative Committee, Member Library Board, Contact Mental Health Advisory Council, Contact Minnesota Extension, Member Parks and Open Space Commission, Contact Personnel Committee, Member Planning Advisory Commission, Contact COMMISSIONER Dennis C. Hegberg Gary Kriesel, (alt.) Myra Peterson, (alt.) Gary Kriesel Gary Kriesel Bill Pulkrabek Gary Kriesel, (alt.) Bill Pulkrabek Dennis C. Hegberg Dennis C. Hegberg Myra Peterson, (alt.) Gary Kriesel Dennis C. Hegberg Gary Kriesel Bill Pulkrabek Myra Peterson Dennis C. Hegberg Gary Kriesel, (alt.) Gary Kriesel Dennis C. Hegberg Gary Kriesel, (alt.) Bill Pulkrabek Myra Peterson, (alt.) Bill Pulkrabek Gary Kriesel 2008 WASHINGTON COUNTY BOARD APPOINTMENTS TO COUNTY, STATE, METROPOLITAN, AND NATIONAL COMMITTEESBOARDS COMMITTEE Plat Commission /(Real Estate Acquisition Committee), Member Public Health Emergency Preparedness Advisory Committee, Contact Regional Rail Authority, Members Workforce Investment Board, Contact Andersen Community Advisory Committee Association of Minnesota Counties (AMC) (Delegates) AMC Board of Directors Association of Minnesota Counties Committees District X Representative Corrections Subcommittee Environment and Natural Resources Extension Committee General Government Health & Human Services Committee Legislative Steering Committee Public Safety and Corrections Transportation Community Action Partnership for Ramsey/Washington Counties COMMISSIONER Gary Kriesel Bill Pulkrabek, (alt.) Dennis C. Hegberg Bill Pulkrabek Gary Kriesel Myra Peterson Gary Kriesel Dennis C. Hegberg Bill Pulkrabek Gary Kriesel Myra Peterson Myra Peterson Dennis C. Hegberg Gary Kriesel, (alt.) Myra Peterson Dennis C. Hegberg, (alt.) Myra Peterson, (alt.) Dennis C. Hegberg Gary Kriesel Bill Pulkrabek Gary Kriesel Myra Peterson Myra Peterson Patrick Singel, Deputy Community Services Director (alt.) 2008 WASHINGTON COUNTY BOARD APPOINTMENTS TO COUNTY, STATE, METROPOLITAN, AND NATIONAL COMMITTEES/BOARDS BOARD COMMISSIONER I -494 Wakota Bridge Coalition, Member Myra Peterson Hastings Bridge Coalition MELSA, Member Myra Peterson Metro Alliance for Healthy Families Dennis C. Hegberg Myra Peterson, (alt.) Metropolitan Area Agency on Aging, Inc., Member Metropolitan Emergency Services Board Executive Committee, Member Metropolitan Emergency Services Board, Member Metropolitan Energy Task Force, Member Metro GIS Policy Board, Member Dennis C. Hegberg Gary Kriesel, (alt.) Marcia Wielinski, Citizen Representative Myra Peterson Myra Peterson Gary Kriesel Dennis C. Hegberg Molly O'Rourke, Deputy Administrator Metropolitan Mosquito Control, Member Myra Peterson Dennis C. Hegberg Metro Transitways Development Board Myra Peterson Dennis C. Hegberg, (alt.) Metropolitan Transportation Advisory Board, Member Myra Peterson Minnesota Association of Governments Investing for Counties, Dennis C. Hegberg Member Minnesota Counties Insurance Trust, Member Dennis C. Hegberg 2008 WASHINGTON COUNTY BOARD APPOINTMENTS TO COUNTY, STATE, METROPOLITAN, AND NATIONAL COMMITTEESBOARDS BOARD Minnesota Inter - County Association (MICA), Member Minnesota Transportation Alliance, Member National Association of Counties (NACo) Delegates NACo (Committees) Environment, Energy, and Land Use Public Lands Transportation Ramsey/Washington Resource Recovery Joint Powers Board - Members Red Rock Corridor, Member Regional Solid Waste Management Coordination Board, Members Rush Line Corridor, Member COMMISSIONER Myra Peterson Gary Kriesel, (alt.) Dennis C. Hegberg, (alt.) Bill Pulkrabek, (alt.) Myra Peterson Gary Kriesel, (alt.) Dennis C. Hegberg Bill Pulkrabek Gary Kriesel Myra Peterson Dennis C. Hegberg Bill Pulkrabek Myra Peterson Gary Kriesel Bill Pulkrabek Dennis Hegberg, (alt.) Myra Peterson, Chair Dennis C. Hegberg Gary Kriesel Dennis C. Hegberg Myra Peterson, (alt.) M:\ USERS \ADM\PRRADDA \WP\CommitteeBook\ CommissionerAppointments \2007Apts.doc anuwater i ownsnup Calendar Chair Countryman January 3 Planning Commission 7:00 PM January 10 Town Board Meeting 7:00 PM January 14 Park Committee 7:00 PM January 24 Communications Meeting 6:00 PM January 24 Town Board Meeting 7:00 PM Chair Countryman February 7 Planning Commission 7:00 PM February 11 Park Committee 7:00 PM February 14 Town Board Meeting 7:00 PM February 25 Dinner Meeting 6:00 PM February • 28 Town Board Meeting 7:00 PM Chair Doriott Chair Doriott Chair Doriott March 6 Planning Commission 7:00 PM March 10 Park Committee 7:00 PM March 11 Annual Meeting 7 :00 PM March 13 Town Board Meeting 7 :00 PM March 27 Town Board Meeting 7:00 PM April 3 Planning Commission 7:00 PM April 10 Town Board Meeting 7:00 PM April 14 Park Committee 7:00 PM April 24 Town Board Meeting 7:00 PM May 1 Planning Commission 7:00 PM May 8 Town Board Meeting 7 :00 PM May 12 Park Committee 7:00 PM May 22 Town Board Meeting 7:00 PM Board Supervisors may attend any or all of the above meetings. Id in the town hall unless otherwise specified. srrI • at Bantli December 30, 2007 Clerk, Stillwater Township STILLWATER TOWNSHIP January 24, 2008 Chair: Countryman Agenda: Adopt Minutes: Approve Minutes: Town Board Meeting January 10, 2008 Treasurer: 1. Report 2. Checks and Claims 3. Time and Accounting for Hours Planner: 1. Attorney: 1. Meinecke Trial Report Engineer. 1. Discuss Escrow for 116th Street for Victory Pass People Portion: 1. Planning Commission: 1. Park Committee: 1. Communication Meeting 1. Update if any Clerk: Old Business: New Business: 1/19/2008 Pat Bantli 1. 9:00 Roll Call Washington ounty 0°1****.arisof C eiromftstIssuuse BOARD AGENDA JANUARY 22, 2008 - 9:00 A.M. 2. 9:00 Comments from the Public Dennis C. Hegberg, Chair District 1 Bill Pulkrabek District 2 Gary Kriesel District 3 Myra Peterson, Vice Chair District 4 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 ask you to come to the podium, state your name and address, and present your comments. 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. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar 4. 9:10 General Administration — Jim Schug, County Administrator A. Support Request by City of Oakdale for Special Legislation to Provide for 35 Year Tax Increment Financing Redevelopment Districts B. District 5 County Commissioner Vacancy 5. 9:40 Commissioner Reports — Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 10:00 Adjourn 8. 10:05 Board Workshop with the Public Works Department to 10:25 Update on the Cottage Grove Southwest Area Transportation Study ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REMINDER' NO BOARD MEETING JANUARY 29, 2008 — 51/I TUESDAY Date January 22 January 22 January 23 January 23 January 24 January 28 January 31 MEETING NOTICES Committee Finance Committee Meeting Planning Advisory Commission Met. Mosquito Control Exec. Committee Regional Solid Waste Management Community Corrections Advisory Board Library Board Red Rock Corridor Commission Time 10:45 a.m. 7:00 p.m. 9:00 a.m. 10:30 a.m. 7:30 a.m. 6:30 p.m. 3:30 p.m. Location Washington County Government. Center Washington County Government Center 2099 University Avenue West 2099 University Avenue West — St. Paul Washington County Government Center 8595 Central Park — Woodbury 7516 80th Street South — Cottage Grove Assistive listening devices are available for use in the County Board Room if you need assistance due to disability nrlannuaae banner please call (6511 430-6000 C,TI IA1 CA ADI('V\ ACkIT lNC/Dl1DTI Ik IITV / A CCIOk A ATI\fC A r^TI(IAI CA ADI !WED WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 22, 2008 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the January 8, 2008 Board meeting minutes. Community Corrections Community Services Financial Services Public Works Sheriff's Office B. Approval to appoint Robert Rafferty, AMI Representative to the Mental Health Advisory Council to a first term expiring December 31, 2010. C. Approval to appoint Sheila Colbert, Cottage Grove, to the Community Corrections Advisory Board as a District 4 representative to fill an unexpired term to December 31, 2008. D. Approval of resolution authorizing a Joint Powers Agreement with Dakota, Carver, and Olmsted Counties for a 2008 Residential Survey. E. Approval to amend Washington County Policy #1032 to include the Joint Mediation Session Fee of $103.00 for 2008. F. Approval of the January I, 2008 to June 30, 2009 contract with the American Red Cross to provide transportation services for adults using waivered services. G. Approval of the 2008 -2011 contract with Avalon Programs, LLC for adult outpatient chemical dependency treatment. H. Approval of the 2008 -2011 contract with Human Services, Inc. for adult and adolescent outpatient chemical dependency treatment. I. Approval of the 2008 -2011 contract with Cedar Ridge, Inc. for adult residential chemical dependency treatment. J. Approval of the 2008 -2009 contract with Working on Life's Fulfillment, Inc. to provide home and community based services for persons with developmental disabilities. K. Approval of contract amendment number one with HIRED, Inc. to modify the annual budget and number of participants for HIRED's work with the Andersen Dislocated Worker Project. L. Approval of contract amendment number one with the Employment Action Center to modify the annual budget and number of participants for EAC's work with the Andersen Dislocated Worker Project. M. Approval of contract amendment number one with the Workforce Resource, Inc. to modify the annual budget for Workforce Resource's work with the Andersen Windows Dislocated Worker Project. N. Approval to revise Policy #2506, Petty Cash and Change Funds to create a change fund for the Community Corrections Sentence to Service Program. O. Approval of a lease agreement with Michael and Courtney Bengston for county owned property located within Lake Elmo Park Reserve. P. Approval of 800 MHz radio site license agreement with T- Mobile Central LLC for co- location on their Hugo tower site located on 147th Street. Q. Approval of contract award to Vinco, Inc. for construction services for the Hugo T- Mobile radio site. R. Approval of resolution, 2008 Criminal Gang Strike Force and Narcotics Task Forces grant with the State of Minnesota, Office of Justice Programs in the amount of $85,000. S. Approval of resolution, 2008 Criminal Gang Strike Force and Narcotics Task Forces grant with the State of Minnesota, Office of Justice Programs in the amount of $40,000. ' Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.