HomeMy WebLinkAbout1997-06-03 CC Packet
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REVISED AGENDA **
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 97-14
Stillwater Public Library, 223 N 4th Street
June 3, 1997
REGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
STAFF REPORTS
1. Finance Director
2. Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. Consulting Engineer
8. City Clerk
9. Fire Chief
10. Building Official
11. City Attorney
12. City Coordinator
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - May 20, 1997, Special and Regular Meetings and Executive Session.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Library Board - Presentation of Centennial T-shirts
2. David Piggott, Metro East Development Partnership: Overview of MEDP activities
3. Resolution: Commending David Wettergren for service as Superintendent of Stillwater Area
Schools
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the
meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed.
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CONSENT AGENDA *
1. Resolution 97-127: Directing Payment of Bills.
2. Taxi License: Aspen Travel Services
3. Contract with Washington Co. for voice mail services
4. Purchase of weed whips and push mowers - Parks Dept.
5. Temporary 3.2% on-sale license - Ball Tournament at Lily Lake, June 21-23, Cat Ballous
6. Resolution 97-128: Employment of Temporary summer workers
7. Authorization for exemption from lawful gambling license - Church of St. Michael
8. Utility Bill adjustments
9. Authorizing Mayor and Councilmember to sign Certification of Local Performance Measures
10. Purchase of Preliminary Breath Tester - Police Dept.
11. Purchase of two computer work stations and printers - Police Dept.
12. Resolution 97-129: Employment of Secretary - Administration
13. 1-4 day Temporary On-sale Liquor License - St. Mary's Church, Sept. 7, 1997
14. Installation of temporary computer network - Building Dept.
PUBLIC HEARINGS
1. Case No. SUP/DR/97-23. This is the day and time for the public hearing to consider an appeal of
the Planning Commission's decision by Fred Francis for a special use permit for a hot dog stand
at 213 N Main Street in the CBO, Central Business District. Notice of the hearing was placed in
the Stillwater Gazette on May 23, 1997, and notices mailed to affected property owners.
City Council Meeting 97-14
June 3, 1997
2. Case No. SUP/97-26. This is the day and time for the public hearing to consider an appeal of the
Planning Commission's decision by Turett and Jill Lawson for a special use permit for the
modification of a bed and breakfast to increase the number of rooms from five existing to seven ..
at 807 Harriet Street in the RB, Two Family Residential District. Notice of the hearing was placed _
in the Stillwater Gazette oil May 22, 1997, and notices mailed to affected property owners.
3. Case No. V/97-19. This is the day and time for the public hearing to consider a variance to the
bluffland/shoreland setback from river at 422 East Mulberry Street (Stillwater Yacht Club) in the
CBD, Central Business District, Bluffland/Shoreland and Flood Plain Overlay Districts. Julianne
Fiedler, representing Marina Development, Inc., applicant. Notice of the hearing was placed in the
Stillwater Gazette on May 23, 1997, and notices mailed to affected property owners.
UNFINISHED BUSINESS
1. Ron Langness, Springsted
Resolution: Authorizing issuance, awarding sale, prescribing the form and details and providing
for payment of $705,000 General Obligation Capital Outlay Bonds, Series 1997A
Resolution: Authorizing issuance, awarding sale, prescribing the form and details and providing
for payment of $485,000 General Obligation Improvement Bonds, Series 1997B
2. Bob Ballantine, Compass Development - Sports Facility fundraising
3. Second reading of ordinance extending the moratorium on the granting of any permits for cellular
and PCS towers.
4. Resolution: Approving contract for grading of Meadowlark Park
5. Feasibility Study proposal for Browns Creek Improvement Project
NEW BUSINESS
1. Water Board Request for sale of water tank site in Block 2 of Oak Glen 7th Addition
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2. Pioneer Park Retaining Wall Reconstruction Project, Job. No. 9720
Resolution: Approving Plans & Specifications and Ordering Advertisement for Bids
3. 1997 Street Improvements (South 2nd Street and surrounding areas), Job No. 9716
Resolution: Approving Plans and Specifications and Ordering Advertisement for Bids
4. Report: Croixwood Boulevard
5. First reading of ordinance amending the Wild Animal Ordinance in City Code, Section 27.01
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
* All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one .
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
** Items in italics are additions to the agenda
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and Council
City Clerk
June 3, 1997
Additions to Council Packet and Agenda
ADDITIONS TO AGENDA:
Petitions, Individuals:
No.3: Resolution commending David Wettergren for service as Superintendent of
Stillwater Area Schools
Consent:
No. 11:
No. 12:
No. 13:
No. 14:
Purchase of two computer work stations for Police Dept.
. Employment of Secretary - Administration
1-4 Day Temporary on-sale liquor license - St. Mary's Church
Installation of temporary computer network - Building Dept.
ADDITIONS TO PACKET:
1. Revised Agenda
2. Consent Agenda
No.1: List of Bills
No. 11: Memo from Chief Beberg
No. 12: Resolution approving employment of Rose Holman as Admin. Secretary
No. 13: Application form for temporary on-sale liquor license
No. 14: Memo from Allen Zepper and Cindy Shilts
3. Public Hearing No.2:
Case No. SUP/97-26
Letter from Margaret Glennon
4. FYI:
FYI:
FYI:
FYI:
FYI:
Lumberjack Days schedule
Lower St. Croix Planning Task Force meetings
Metropolitan Council Metro Meetings
Metropolitan Council Environmental Services meeting
School Talk, Newsletter for District 834
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.MEMO
TO: MAYOR & CITY COUNCIL
FROM: DIANE DEBLON. FINANCE
DIRECTOR ~
DATE: May 30. 1997
SUBJECT: RFP for BOND COUNSEL
Pursuant to council direction at your May 6. 1997 meeting. staff has
prepared an RFP for Bond Counsel services. It is anticipated that RFP's
would .be sent out next week. The RFP's are due back on July 1. 1997.
Review and evaluation is scheduled for July & August. with a selection
and recommendation to council no later than September 30. 1997.
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CITY OF STILLWATER, MINNESOTA
204 North 3rd Street
Stillwater, MN 55082
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REQUEST FOR PROPOSALS
FOR
PROFESSIONAL BOND COUNSEL
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CITY OF STILLWATER
REQUEST FOR PROPOSALS
BOND COUNSEL
TABLE OF CONTENTS
I. INTRODUCTION
II. TIMETABLE
A. Submittal deadline.
B. Proposal review and interviews
C. Final selection and recommendation presentation
D. Anticipated start date
E. Length of term
ID. INSTRUCTIONS
A. General information
B. Proposal question inquiry
C. p:roposal question inquiry to other sources other than designated source
D. Number of proposal copies to submit
IV. REQUIRED CONTENTS FOR PROPOSALS
A. Title page
B. Table of contents
C. Firm Background
. D. Attorney Qualifications
E. Firm Qualifications
F. Fees
V. GENERAL MUNICIPAL BOND COUNSEL SERVICE REQUIREMENTS
VI. BOND COUNSEL SERVICES SUMMARY 1994-1996
VII. PROPOSAL EV ALUA TION AND APPOINTl\'lENT
A. Selection of
B. Appointment of
C. Reimbursement of proposer expenses
D. Rejection rights
VIll. CONFLICT OF INTEREST
. IX. CONTRACT ETHICS
CITY OF STILLWATER
REQUEST FOR PROPOSALS
BOND COUNSEL
L REQUEST FOR PROPOSALS FOR BOND COUNSEL
The City of Stillwater is requesting proposals for professional bond counsel from
qualified law firms with experience in bond counsel.
The City of Stillwater is a growing suburb with an estimated population of 15,650
located less than 20 miles east of St. Paul. The City of Stillwater has entered into an
annexation agreement with Stillwater Township to acquire 1,240 acres over the next
eighteen (18) years.
The City of Stillwater issues general obligation bonds pursuant to State Statute and City
Charter (without referendum), for general government, improvement and tax increment
activities. The General Obligation bonds are direct obligations of the City and pledge
full faith, credit and taxing power of the City. The general government bonds
outstanding are repaid from general tax levies. The improvement debt is expected to be
repaid primarily from special assessments to benefitted properties. The tax increment
bonds are to be repaid from pledged tax increment revenues.
IT. TIMETABLE
A. Proposals should be received by no later than July 1, 1997 at 4:30 p.m. at Board
of Water Commissioners, 204 North 3rd Street, Stillwater, MN 55082.
B.
The Finance Director and the City Attorney plan to review and analyze all
proposals in July and schedule interviews with one or more firms in late July or
early August.
C. The Finance Director and the City Attorney plan to make a final selection and
present their recommendation to the City Council before October 1, 1997.
D. The effective date of bond counsel representation is anticipated to begin no later
than November 1, 1997.
E. The term of the bond counsel shall be indefinite and subject to ongoing review by
the City Attorney, the Finance Director and the City Council.
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ID.
CITY OF STILL WATER
REQUEST FOR PROPOSALS
BOND COUNSEL
INSTRUCTIONS
A All law firms responding to this request shall submit a proposal to provide bond
counsel. Proposals submitted must provide complete information as indicated in
this request.
B. Questions regarding this Request for Proposal should be directed to the Finance
Director, Diane Deblo~ 204 North 3rd Street, Stillwater, MN 55082, 439-2351.
C. In order to ensure a fair review and selection process, law firms submitting
proposals are specifically requested not to make other contacts with the City staff
or Councilmembers regarding their proposals.
D. Nine (9) copies of the proposal should be submitted to Diane Deblon. Finance
Director. Board of Water Commissioners. 204 North 3rd Street. Stillwater.
MN 55082. Proposals must be received no later than 4:30 p.m. on Julv 1.
1997.
IV. REQUIRED CONTENTS FOR PROPOSALS
A Title page
Show the Request for Proposal subject, the name of the proposer's firm. Local
address, telephone number, name of contact person, and the date.
B.
Table of Contents
Include a clear identification of the material by section and page number.
C. Firm Background
1.
2.
3.
4.
5.
6.
Brief History
Knowledge of bond issuing procedures
Number of attorneys/specialties
Support Personnel
Office organization and support capabilities
Office location(s)
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CITY OF STILLWATER
REQUEST FOR PROPOSALS
BOND COUNSEL
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D. Attorney Qualifications
1. Identify each attorney and support personnel who will be supplying
services for which the City will be billed.
2. For each person identified, please state:
a. Relevant academic training and degrees
b. A description of their prior municipal experience in bond counsel.
c. Other background or experience which may be helpful in
evaluating your proposal.
3. A description of the proposed allocation of work between the attorney(s)
and support personnel identified (i.e., who will be the lead attorney and
what work will be handled by junior partners, associates, or paralegal).
4. Current principal responsibilities for the individual designated as lead
attorney including a statement indicating future availability.
E. Firm Qualifications
1.
Provide the names and telephone numbers of three client references who
the City may contact. Municipal references are preferred. If the firm has
represented any Minnesota municipalities or government agencies from
1993 to the present, state the name of the agency, and the name, title, and
telephone number of a reference at that agency whom the City may
contact. If the firm has represented such an entity, but does not wish the
City to contact the entity, list the name of the municipality or agency, and
state your reasons why no contact is requested.
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2. Specify whether the firm currently is a recognized bond counsel.
F . Fees
We request your proposal to be stated as a flat fee for legal services rendered
relative to bond issuance.
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CITY OF STILL WATER
REQUEST FOR PROPOSALS
BOND COUNSEL
V.
GENERAL MUNICIPAL BOND COUNSEL SERVICE REQUIREMENTS
A. Attendance at City Council meeting as requested by the City Councilor Finance
Director.
B. Drafting of legal opinion to be included in Official Statement.
C. Prepare legal opinion for special projects, as needed.
D. Assists in preparation of Official Statement, as needed.
E. Prepare documents involving the issuance of debt related instruments and related
opinions as required.
VI. BOND COUNSEL SERVICES SUMMARY FOR THE CITY OF STILLWATER
FOR THE YEARS 1994-1996
Bond Issue Type 1994 1995 1996 1997
Improvement $2,540,000 $0 $1,410,000 $485,000
General Government $170,000 $0 $5,530,000 $705,000
Tax Increment $4,800,000 $0 $810,000 $0
Not
Bond Counsel Cost $9,000 $0 $9,750 Available
. VII. PROPOSAL EVALUATION AND APPOINTMENT
A.
The City intends to retain the bond counsel services of the proposer evaluated to
be the best qualified to perform the work for the City, cost and other factors
considered.
B.
Based upon the evaluation by the Finance Director and the City Attorney, the
Finance Director and the City Attorney will recommend to the City Council the
appointment of a law firm judged to be the most responsive and responsible
proposer. The final approval of the law firm appointed will be made by the City
Council.
c.
The City will not reimburse the proposer for any expenses incurred by the
proposer including, but not limited to, expenses associated with the preparation
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CITY OF STILLWATER
REQUEST FOR PROPOSALS
BOND COUNSEL
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and submission of the proposal, and attendance interviews.
D. The City reserves the right to reject any and all proposals or to request additional
information from any and all proposers.
VIII. CONFLICT OF INTEREST
A. Indicate whether you or your law firm represent, or have represented any client,
which representation may conflict with your ability to serve as bond counsel for
the City.
B. Do you currently represent any real estate developers?
C. Do you currently represent any other units of government having jurisdiction
within, or contiguous to the City of Stillwater.
D. What procedures does your firm utilize to identify and resolve conflicts of
interest?
IX. CONTRACT ETIDCS
A. The firm shall not assign any interest in this contract and shall not transfer any
interest in the same without the prior written consent of the City.
B.
The firm shall not accept any client or project which places it in a conflict of
interest with its representation of the City of Stillwater. If such a conflict of
interest is subsequently discovered, the members shall at all times comport their
representation of the City with the Code of Professional Responsibility.
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C. The firm shall not approach Councilmembers or staff on an individual basis
regarding this proposal. Any contact shall be officially made through the Finance
Director who will in turn make all information available to all Councilmembers
for their final selection session.
D. The City requires affirmative action, and therefore, the firm selected shall not
discriminate under the contract against any person in accordance with federal,
state or local regulation, and shall certify such in their proposal.
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MEMORANDUM
TO:
Mayor and City Council
v
FR:
Steve Russell, Community Development Director
DA: May 30, 1997
RE: AVAILABILITY OF 24 ACRE SITE FOR COMMUNITY PARK
The 24 acre Rivard site located at the comer of Boutwell and CR 15 is available for sale. This
has previously been identified as a suitable site within the City of Stillwater for a community
sports ~.fi d~ facility. The site is relatively flat making it 100 percent usable. This site is on the
future~ystem for the area.
Other organizations interested in park/field facilities could be contacted for interest in the
potential purchase.
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET. SUITE #202. P.O. Box 438 . STILLWATER, MN 55082
TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641
DAVID T. MAGNUSON RICHARD D. ALLEN
MEMORANDUM
TO: Mayor, City Council and Staff
FROM: David T. Magnuson, Stillwater City Attorney ~ V
DATE: May 30, 1997
SUBJECT: Request for Authority to seek Abatement of Zoning Violation at 115 West Myrtle
Street
This week I received reports from the Building Inspector and Fire Chief with regard to serious
zoning violations at 115 West Myrtle Street. If you recall, this is the same property that the
Steeple Town residents complained about.
The latest violations involve the conversion of the property into a six (6) unit rooming house.
The property is located in a Two Family District and the six (6) units were fashioned into one (1)
room units, each with a microwave and a hotplate. There is only one (1) bathroom for each floor
and no sink or water closet apparatus in each unit so the residents who cook in their rooms walk
to the common bathroom to wash their dishes.
The Fire Chief thinks that the situation is very serious and is especially dangerous because the
units lack proper egress.
The Building Inspector and the Fire Chief concur that writing a citation to the owner would be
ineffectual in view of the length of time it takes to move these charges through the court system.
We, therefore, respectfully request that we be allowed to seek a Court Order to close the building
down until the building can be brought in compliance with zoning, building and fire codes.
DTM/ds
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET. SUITE #202. P.O. Box 438 . STILLWATER, MN 55082
TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641
DAVID T. MAGNUSON
RICHARD D. ALLEN
MEMORANDUM
TO: Mayor, City Council and Staff
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FROM: David T. Magnuson, Stillwater City Attorney ~
DATE: May 30, 1997
SUBJECT: Update on litigation concerning the Stillwater Bridge
FEDERAL COURT LITIGATION:
On May 23, 1997, Judge Montgomery surprised all of the litigants by canceling the oral
argument on MnDOT's Motion on the issue of whether the Department of Interior had exceeded
its' authority by determining that the proposed bridge ai. issue was a water resources project
within Section 7 of the Wild and Scenic Rivers Act. The Judge concluded that the Motion on file
did not contest the content of the Section 7 determination but reserved the right to bring a
separate motion challenging the adequacy of the determination based upon the administrative
record.
The Judge ruled that the administrative record was now available and briefs regarding the
authority for and the adequacy of the Section 7 determination should be briefed and argued in
one motion. She, therefore, denied the State's Motion without prejudice and will allow further
briefs. Since Motions for Summary Judgment on the authority and adequacy would be
dispositive motions, the scheduling order, in effect, requires that motions of this sort be noticed,
served and filed prior to October 1, 1997. I have not discussed MnDOT's intentions or schedule
for further briefs, but I will keep the Council informed.
DNR ADMINISTRATIVE APPEAL:
Judge Klein the Administrative Law Judge handling tht- DNR Bridge Permit Appeal has ordered
preliminary briefs with regard to the position of each party and their view of the issues and
position with regard to the scope of the inquiry. Briefs from all parties must be filed before
Monday, June 9, 1997. I attach, for the information of everyone, our rough draft of the brief that
we expect to file sometime next week. We would be happy to answer questions from anyone of
you.
DTM/ds
Attachment
ST ATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF NATURAL RESOURCES
In the Matter of the Appeal of Protected
Waters Permit #96-6165 for the Trunk
Highway 36 Bridge Spanning the
St. Croix River (Lake St. Croix (82-1P))
in Washington County, Minnesota
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MEMOJMNDuM(?,F;,',, ,
THECITY OF Sl'ILLWA.
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The City of Stillwater in its' appeal of the Ameng.ed Pro
Permit issued
February 25, 1997, contests only Special ProvisionsntiJ:'p.bers 1 an
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attempt to determine the fate of the historic,~tiiIwate~.~!B~g~:
Permit which
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site of the New Bridge which is the p:opef subject6fthe perhrlt}> t is the City's contention that
including conditions affectin"
at~rs Pe~t.i~s~ed by Kent Lokkesmoe, Director of the Division of
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Waters, Mihn:~sota Depar~~~~tofNatural Resources contains twelve (12) general and twelve
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(12) special provisions. The tWelve (12) general provisions are not at issue. Ten (10) of the
twelve (12) special provisions properly deal with matters related to the manner and method of
construction of the New Bridge and controls necessary to minimize the environmental impact of
that construction. These conditions are clearly necessary to protect the citizens and the
environment of the State and are within the specific grant of authority provided by applicable
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Minnesota Statutes and the rules promulgated thereto.
Special Provisions numbers 1 and 11, however, are a different matter because they
attempt to deal with an unrelated issue; the future of the Historic Stillwater Lift Bridge. These
provisions attempt to require the destruction of this federally protected historic stl]<?ture. Special
provision 1 to the Protected Water Permit provides as fdlows:.
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"By commencing the construction authorized by ~sPermit, ~~PJ~k
thereby agrees to remove the old Stillwater Brid~~\complet~.~Y'from the'
river within ten (10) years after completion of c()~Cti?~1:6f the new au
bridge. This provision is subject to the completiogR~W~::review process
contained in Section 106 of the National HistoricP~se&iatiQn Act of 1966, as
amended, and the associated Federal ImplementiI:1.g;R~~!S't'r;h, ~.(See
36CFR800). ,,' .,
Special provision 11 also deals with ~~4i~i>~~iti()#()[the Hi;t()~E:Sridge and provides:
"Prior to removal of the old Stilhy~t~~~rid~~,:~~j~~~l~n~'~h~ll convene a
meeting with the Department of . Natural Resources to.idiscuss construction
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techniques. Since the appli9~~P mateg~s contaiI:1..;:{o plans relating to the
removal of the old structur~!fsuch pl~.shall bes~hmitted to the DNR and
approved by the Regional:Hydrologi~{" rior to~oInmencing the removal work."
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. empt to 'illeCta'protected historic structure nearly one (1)
,.~e clearly unrelated to the construction of the bridge
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authoritj?granted to the}:>,i'Iu#issioner by Minnesota Statutes and even beyond the specific rules
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the Commissioner has p~()~ulgated as the standards for issuing such permits.
!he statutory'authority requiring that a permit for construction in protected waters be
obtainedfr()tn.th~ Commissioner of the Department oP~atural Resources is found at M.S.
S 103G.245, Subd. 1, which provides that any individual must obtain a Public Waters Permit to
perform any act to which would change or diminish the course, current or cross section of public
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waters by any means, including filling, excavating or placing of materials in or on the beds of
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public waters. Thus, it is undisputed that prior to the construction of this bridge, a Protected
Waters Permit is required. The statute also provides that the effect of any such project on the
environment must be considered and mitigated as set forth in M.S. ~103G.245,
"a. A Public Waters Work Permit may be issued
minimum encroachment, change, or damage to
ecology of the waterway.
provides as follows:
b. If a major change in the resource is justified, a......m .... ..' .aters Work Permit
must include provisions to compensate for the d~trlrri~rlmr~~p~cts of the change." 1
M.S. ~103G.315 governs the issuance and
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Protected Waters Permits and
Subd. 6.
may deny
provides in relevant part:
"Subd. 1. Commissioner's general authority.
issuing permits and issue permits with or without
:;~:(t::'~,:~,
a.
ermit........<.ii./t:.!lS, the A.pplic~rhas the burden of proving that
'~oposea P~9J~~!:~t~{easonable, practical, and will adequately
9tpublic ~~Ietyandpromote the public welfare.
".,r':._~~:;.~.:;>.." ",' __'.''_,
~Jr{'ifJiif~~.aOPermit,theCOmmiSSioner may include in it terms and
.. rese~~Iions~lJ~lltthe method and manner of the use or appropriation or
method ot~()IiStfuction or operation of controls that appear reasonably
necessary'fo;ffi~ safety and welfare of the people of the State. . . .
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b.
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Subd. 15. Rules for issuance and denial of permits. The Commissioner shall
lIt is unclear from the Permit if the Commissioner has determined the bridge to be a
"minimum encroachment" or a "major change". For purposes of the City's Memorandum, this
distinction is irrelevant as the remaining provisions of the Permit as issued include provisions to
compensate for the detrimental aspects of the proposed bridge structure. See Permit Special
Provisions 2,3,4,5,6, 7, 8, 9, 10, and 12.
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adopt rules prescribing standards and criteria for issuing and denying water use
permits in public waters work permits."
In determining propriety of an agency's decision, the starting point is that the actions of
the agency must be within the scope of the authority granted to it by the legislature. M.S.
~ 1 03G.315, Subd. 6, provides the authority for the Commissioner to include conditions on a
Waters Permit it chooses to grant. It also, however, specif1f~~Y limitstll.~ii'~<5oI'e and content.
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The careful reading of Subdivision 6(b) establishes thatth7 conditi()~tvhicli~~rrl:)~attacl1~4to
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a permit deal with the site and manner of the proposed c()~trUcti9n itself. The ultrmat~ .
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disposition of the Historic Stillwater Bridge is entirely unrelate\1;';the amount and manner of
the use", the "method of construction" or "operati()I1of90R-trols" to,., Struction or "to
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provide for the safety and welfare of the people 'of the State".'fi[hus, the provisions relating to the
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Stillwater Lift Bridge are beyond the sc():pe of authority grantgdto the Commissioner.
The rules the Commissioner7ha~; promtih~ated pursu.ant to M.S. ~ 1 03G.315, Subd. 15 to
tandards and.cri~e~j.~:for the iss~c;~ofw~ter use permits further evidence the limits.
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t leastiilitii~bty~~as acknowledged with respect to its water permits
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'il!~~115:62~8)pr'().yides specific criteria for a permit allowing
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construcfioh~ofa bridge'~cross p~()tected waters. Subpart 1 of Minnesota Rule 6115.0230
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provi?es the goals ofthedep~ent with respect to bridge crossings and provides as follows:
"It is the goalofthe department to allow crossings of protected waters, . . . only
when less dettiInental alternatives are unavailable or unreasonable, or when such
facilities adequate protect public health, safety and welfare."
With respect to this goal, the City does not dispute that the new bridge crossing meets this goal
and that all provisions of the permit relating to the construction and mitigations for the effect of
4
./
that construction in the bridge corridor are a proper and appropriate use of the Commissioner's
authority .
Subpart 5 of Minnesota Rule 6115.0230 provides the following general criteria which
must be met before a permit can be granted and provides as follows:
"Subp. 5. Permits required. Permits shall be requir.e. d..........for the.....c.,..o.in.......s...t.....'..ru..........c.ti... .on or
reconstruction of any bridge, culvert, intake, outfalh.'8Fother ct2~~~Rgofprotected
waters except as provided in subparts 3 and 4, an4,~hall meet thefoll()\Vipg
criteria: . ,
A. The project will involve a minimum of eD.I'c>s~ent, change, or
damage to the environment including but 'Il~~"iiiliiiedto fish and
wildlife habitat, navigation, water supply.,'anCl ter
retention.;
,.,:.;
B. Adverse effects on the physicalan~J:>i~logic:~ character? waters shall be
subject to feasible and practical measUre~'!~~.' at~;::~eeffects.
',-' .,-.,,-----,,--. .._....___.cc
" .','.,." .......;...-,--,. ...'....,.-'
C. The proposed crossin~.:h~ll be consi;tent ~~appIicable
floodplain, shorelanct,:,iuia wild and scenic ri.~ers management
; <'''i:{?L-:'.-:> :,:-t:,-' 'c'':
standards and ordinances for the waters involved.
e<,':-.-.;"{j
'A"",O'"
E. ,C~6ss1I1~S"?fp~otect~d.waterbasins or wetlands shall be allowed
only \\'herethereis no feasible and practical alternative which does
not require filling, excavating, or the placement of a structure in
protected waters."
/:;.,
First, as the introductory language of Subpart 5 provides, the provision deals with the '
construction or reconstruction of bridges and other "crossings". Thus, this provision which
explicitly deals with bridge construction provides criteria only related to work in the actual
crossing corridor which is the subject of the permit. The rules promulgated never contemplate
5
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.
.
.
.
.
the actions affecting land or structures nearly one (1) mile away. This is no surprise because as a
matter of common sense, there is no rational relation to the construction of a bridge and the
ultimate disposition of a historic structure nearly one (1) mile upstream.
Further and more importantly, as evidenced by the specific language of Subparts C
through E, the rules applicable to bridge permit determinatiol}s. are limitJd;tq.~:>"proposed
,<,. ,._:::':: c',
>;:'~<~'.<;~
crossing" or "crossing" point across the river and the propqsed constru9tibn:
,...,~,.
';'4 c;-::A\"
specifically impacted area. A reading of the authorizing~tute~th.e rules specfally:related to
t' ,-""i'- '-'..:
bridge crossings evidence a clear intent that while the C
granting such permits and placing conditions on them,fiiose con
.;;;.:,'
! ".,'. -"",'J..
construction itself and its impact on the immeclia.1~cf()~~irigsite.
~.,.. . ,- >-. .. - ,'" ,,': .<~, '. '. . . ." ~
to a permit for bridge construction are, th~~efore, outside iI1~g()tTItWssioner' s authority and, as a
>",::'~','.::""+J"'-,
~:i:{.':,::~::;,,:<>'"
matter of law, should be stricken fr
03G furgl~r evidence that the special conditions dealing with
. , ' .. .
~:):-: .-
the Histo .
.S. ~103G.315, Subd. 13 provides that the Commissioner
orized construction and in any event that time "must not
exceed five,(~).ythe permit." M.S. ~103G.315, Subd. 13 (b). Special
.;,<<,~;vr'v
Provisioit'number 1 states~'t~eHistoric Bridge must be removed within ten (10) years after
:;)?7 'c:.~;"/'
completion of the new bridge. Thus, the Protected Waters Permit at issue here would most likely
have expired longl?efore any possible removal of the Historic Bridge. This fact is recognized in
Special:provision number 1 which notes any such actions effecting the Historic Bridge are
subject to superseding federal legislation pursuant to the National Historic Preservation Act of
1966. Thus, the very language of the Commissioner apparently requires agreement by the parties
6
,../
to complete an act which the Commissioner itself cannot authorize. Thus, not only the absurdity,
but also the lack of authorization to set this condition is readily apparent.
.
Special Provision 11 provides further evidence that such a condition has no part of the
contemplated Protected Waters Permit. Special Provision number 11 sta~es that "[~Jince the
~,' i;'>-""
>':""':,,-, ..,:.."'.j
application materials contain no plans relating to the remova!",Rf the ol~gtrticn#~, such plans
;;..L'
shall be submitted to the DNR and approved by the Regio,nalHydrologis . pn6r'c;,
f':,'/
'~':nn
,>f:-'>
the removal work." Thus, the Commissioner seeks to cq
remove an historic structure when the Permittee has prov
removal is in the very interests the Commissioner is obligated
accomplished in such a way that does not do
resource then leaving
it in place.
Finally, and perhaps more
.. ,_,,'>c
,-_. .,....
ively,the Co~~~ioner's attaching Special Provisions
':'lA
. It to the new.bridge i~';direct1y contrary to its own rules. The
> ~.: .~' ,- .:;.,/'..-.
......,
s 6115. d23Q,.whi~h deals specifically with bridge construction
:>,~ "'~~,<':>'<,'.Y~:':.:;:'7
"Subp.2.', "",.{TfieconstriiCtion or reconstruction of any bridge, culvert,
ipwkf~'outfali' 3t;:!?~~i:F].'9~sing of protected waters shall be subject to the
:;:provisions of this~8.ftT{~!Xb'andonment or removal of all crossings and structure
ie, governed by this parfsliall require a permit pursuant to 6115.0211. Subp. 8.
(Emphasis added).
.
Thus, the Commissioner's own rules provide that any removal of a crossing or structure across
protec~ed waters, such as the Historic Bridge, require a separate permit governed by its own
specific rule and established standards. The two (2) acts are separate and distinct. Specifically,
Minnesota Rule 6115.0211, Subd. 8, entitled "Removal of Structures" provides as follows:
7
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"Where the Commissioner has determined that a structure is no longer functional,
constitutes a public nuisance or has a ternavigation or poses a threat to public
health or safety, the structure shall be removed from protected waters under the
applicable provision of these rules."
A review of the Protected Water Permit request and the approved permit itself fails to
establish in any way that the Historic Bridge is no longer functional, is a.public~uisance, it is a
f>'::::'(/)/-;;if'?
threat to navigation or poses any threat to the public's heal~.#rsafety. ",',",
c~';.',i>)'> ,..:;~n'>';'~
the future the Commissioner establishes sufficient facts tg~~ake suclj'~'hndm ,
separate process under which removal of a structure is to,a<i:, This process is ~eparate and
distinct from that in allowing a new bridge crossing whi~h'is
issued in the instant case. Therefore, special
must be removed from the Permit.
Dated:
matter of law,
Richard D. Allen (#200979)
Assistant Stillwater City Attorney
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
612/439-9464
8
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STAFF REQUEST ITEM
DEPARTMENT: Engineering Department
DATE: June 3. 1997
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Transfer decommissioned police car to engineering department for miscellaneous staff
use. Estimated vehicle life is six years.
Also. recommend selling current engineering car (1985 Mercury) at county auction in
June.
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)
Budget included trade-in-value as revenue. Therefore. a $4.000 to $5.000 revenue
shortfall could result. Note that council approved up to $25.000 for utility vehicle.
Purchase price was $22.000. Therefore. budget impact could be $1.000 to $2.000
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
::::~:~::# ~~ DATE~50 /?7
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MEMORANDUM
TO: Mayor and Council
FROM: City Coordinator
SUBJECT: Aiple and Lowell Park plans
DATE: May 30, 1997
Discussion:
As I pointed out in the memo I gave to Council for the workshop on park management the City
previously developed a master plan for the renovation and improvement of Lowell Park and a
conceptual plan for the use of the Aiple property. The Aiple property plan is conceptual in
nature. However, as I said have said before, the plans are used by City staff as a guide for the
activity that is currently taking place.
F or example, the adopted Lowell Park improvement plan was (and continues to be used) for the
Corp levee project including the restructuring of Mulberry Point. The plan was also used to
obtain $200,000 of Lawcon funds to help the City purchase railroad property to enlarge Lowell
Park (and public parking areas). Because the Lawcon funds were given to the City to improve its
parks system it is necessary to construct a park or the City may have to return the funds.
Therefore it is imperative that the City understand the plans and proceed accordingly.
In order to better understand the plans (for Lowell Park and for Aiple Park) I would recommend
that the Council set a workshop for the June 17th meeting at 4:00 p.m. Steve can give you an
overview of the plans, what has been accomplished to date and what needs to be done in the
future. Further, the Aiple lease expires in September, 1998 and I believe the City should begin
development of a more definitive plan in order to have a timely development of Aiple Park. If the
City wishes to apply for State, Federal or foundation funds it is essential that we have a definitive
plan in place. Council can give staff direction on the Aiple Park based on the discussion at the
workshop.
I should also be prepared to present the Council with the prioritized "Potential Projects" list that
you recently completed. This should also help guide the City in future actions related to public
improvements including acquisition and development of parks.
Recommendation:
Set a workshop for 4:00 p.m., June 17, 1997 to discuss Lowell Park and Aiple Park.
/J1~
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.1
135/22/97 14: 19
NO.418 P1303
C'Co ~'117
BILL LUTHER
SIXTH DISTRICT. ~ESOTA
AHoKA. WASHINGTON AND CENTRAL DUOTA CDlJNTl!$
*
1'7 CANNoN Housl Oma flIAOING
WASMNGTON. D.C. 20515
1202J 22S-2271
FAX. t2lI21 22S-3368
181' WlIIl D~IVI
SUITt 150
WOODlUOY. MN 55125
16121 73l)..f849 (V/TTYI
FAX: Ifl12J 730.0507
COMMmEE ON SCIENCE
COMMmEE ON SMALL BUSINESS
AAIu.IlG M_EIl
SUICO_TTlE ON REGUlA TQRY
REFORM ANQ PAPE_ RIDUCTION
<!rongrtBB of tlJt JtniUb &taUs
Jll1UBt of Iqn-tsentatiutlJ
Jlaslfington, 11.C!t. 20515-2306
May 21, 1997
teII.bin@mait.house.go.
hnp://www.hou....gov/lulher
REGIONAL WHIP
The Honorable Vic Fazio
Ranking Member
Energy and Water Development Subcommittee
House Appropriations Committee
2113 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Fazio:
I am writing to urge your support for repair of the levee wall system on the St. Croix River at
Stillwater, Minnesota. The complete repair of this levee is of vital important to the citizens of my district.
I urge you to note the determination by the Army Corps of Engineers that the project will require federal
funding for Stage II construction during FY1998. I urge that you support the funding level of$2M
requested by Stillwater Mayor Jay Kimble and include it in the FYI 998 Energy and Water Appropriations
bill.
I am writing in support of the written testimony submitted to your Committee on March 31, 1997,
by the Mayor of Stillwater, Jay Kimble. As Mayor Kimble's testimony states, completion of the levee
wall system is extremely important to the property and safety of many Minnesota residents. I have
attached for your convenience a copy of Mayor Kimble's written testimony, which well outlines the broad
scope of the problem and the need for the levee.
Mr. Chairman, federal assistance for this project is badly needed. The recent devastating floods in
North Dakota, Minnesota, and South Dakota, only further highlight the need for full repair of this levee.
The existing double levee wall was built in 1937-8; a 1991 Corps of Engineers study determined that
more than one-third of the lower levee wall had disintegrated. Your assistance on this important issue
would be greatly appreciated.
BIe LUTHER
Member of Congress
encl.
cc:
The Honorable David R. Obey
PRINTED ON REcYC\.ED PAPER
..... ..
.
.
e
::,_1;' GC-./'::: ( .~""! _..1::1
NO.418 P002
~ ~/rq7
117 C_ Hou8i OFFICE BUilDING
W"'_TON. D.C. 20516
12021 22S-2271
FAX. I2ll2I 225-J3lIll
BILL LUTHER
SIXTH DIS1llIC!. MINIilUOT...
ANOlCA. WASI<INGTON A-.o CIImw. DAXOT'" C<!ut<nES
It
1811 WElIlDIlIIIE
SUITE 150
WOODeUttY. MN 55125
1ll12.1 730-4949 IV/TTY)
FAA' 16121 73O-Cl!107
COMMITTEE ON SCIENCE
COMMITTEE ON SMALL BUSINESS
fIAN1<lNG MEMIIER
SUlICOMMITTU ON REGul.ATllIl't'
REfORM "'''0 PAPEIlWOIIl< AWl/eTlO"
Clrnngrrss of t1Jr llnitrb l'tatrs
){ouse of Iqresmtatfue.s
BU.61yingtDn, B.C!!. 2DS15-23n6
May 21, 1997
tell.boll@mail.ho.....gov
hnp://_.house.gov/Iulhe'
REGIONAL WHIP
The Honorable Joseph M. McDade
Chairman
Energy and Water Development Subcommittee
House Appropriations Committee
2362 Rayburn House Office Building
Washington, DC 20515
Dear Chairman McDade:
I am writing to urge your support for repair of the levee wall system on the St. Croix River at
Stillwater, Minnesota. The complete repair of this levee is of vital important to the citizens of my district.
I urge you to note the determination by the Army Corps of Engineers that the project will require federal
funding for Stage II construction during FY1998. I urge that you support the funding level of $2M
requested by Stillwater Mayor Jay Kimble and include it in the FY1998 Energy and Water Appropriations
bill.
I am writing in support of the written testimony submitted to your Committee on March 31, 1997,
by the Mayor of Stillwater, Jay Kimble. As Mayor Kimble's testimony states, completion of the levee
wall system is extremely important to the property and safety of many Minnesota residents. I have
attached for your convenience a copy of Mayor Kimble's written testimony, which well outlines the broad
scope of the problem and the need for the levee.
Mr. Chairman, federal assistance for this project is badly needed. The recent devastating floods in
North Dakota, Minnesota, and South Dakota, only further highlight the need for full repair of this levee.
The existing double levee wall was built in 1937-8; a 1991 Corps of Engineers study detennined that
more than one-third of the lower levee wall had disintegrated. Your assistance on this important issue
would be greatly appreciated.
BILL LUTHER
Member of Congress
encl.
cc:
The Honorable Robert A. Livingston
PRINTED ON RECYCLED PAPER
......
CL (, /3/77
. . NO.273 P0El1
~,..,. B4/28/97 11:4&5
POIt-lr Fax Note 7671 Oats
To I(j 'PO FEB 1 S 199;
Co.
Phone . Phone .
. IX'
00-
Febn1vy 13, 1997
TO
Hem. William Luther
Attention: Matthew Beh
noM
SU&1ECT
Azn.rican Law Divilion
Whether Brid.. May be ConatructAd in Wild and Scenic:
Rlver Corriclor.
Youihav. ..bel whether bridIU are prohibited from heln, built acrOH
ri'IVI m~uded by Congreu in the National WUd and &emc: BivvI System
undw tJ>> WJJcI aDd ScenJe ltiwn Act, J whether 88 . "water telO\U'09 project"
u that -= ia uaed in f7 or the Act or othenrite.
.
TM WUd aDCl80eDh7 m".... Act
WbU. aD Importani part of ~ Wild and 80emc RiV8l" Act prohibita the
coanruction of damI and other tadliti.. that would atTect the flee-flowing
eharacteriatiaa of cleeilnated rivers, the Act also addr"... cllftlopment of th.
banb ud immediate lUn~dinp of a claipt.tcl river conidor. The
Conar~ clec1aration gf policy in uation 1(b) of tbt Act Rates:
. It u hereby declared to be the policy ot the United State. thai
eertafn llleoted riftl'l of the Nation which, with IAei1' ~
~, poue.. outltandtn,ly remarkabl. IC8Dic, recreational,
awolapc, ftlh and wildlife, hiftoric, cultural, or other elmilaT vatu..,
iha11 be prtarv'8c:lln free.ftowinr condttton. and that I~ tmd tAeir
~ fIWiroM1t11t8 ,Mll be prottcted tor the henefIt and
~nJoymem of pntent and future pneratioDl ....s
"Free-ftowin( it denned by 116 of the Act.. "lIl.tin, or tlowin, in natural
condition without impcnmdment, diversion, atrairhtenlnf, riprappm" or other
Aut otOc:taber 2,1988, Pub. L. No. 90-642, 82 Stat. 906, codlfte4 at 16
U.s.C. H~l n "V.
I 16 U.8.C. 11271 <emphuia added).
. A?R-2E-97 MON 11:40 AM
P. 1
04/28/97 11: 40
NO.2?3 POO2
. ~
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CRS-2
mocl1t1cation of the waterway.,.jJ Tbi. definition it important to & diSCUJlion ot
whether bridcu art or are not prohibited by the Act.
~ you mow, the Wild and Se,nic RiY8l'l Act protects liV'ers and river
"pienta undtr three cluaitlcatione: Wild, Scen1~ and Recreational. These
clauiacationl dIltJDI"d,h UQoq d"ipt.d rivtn d.p.nelia, 013 the ute.al to
which tht riVWrl U1d their hanks are natural or developed at the time of
du1JD&ti~n and dw txt.m to wbich IUbeequent dsvelopmeni will be allowed ..
appropriate to the Y8lu.. for which the rivar waa afforded protection under the
Act. "Wild" it tho IDOIt natu!'al, l.ut-developed clUlifteation and .rteftA~ona1n
il the mOlt de....loped.
Two.llctioDl of'th, Act are llpecially impottant to manapment iouI. and
to your queRion. Section '7 addrtaee8 water reaourcu projects and "~D 10
ad~ manapm.IDt or a prottcttd river or ri....r nement corridor.
.
.
Section 7 reIatel to water f810Ul'C8I prajectl. Section 7(a) probibitl the
FederatED_" &l\l1atol')' ComminioD (oripully the Federal Power
Cormniation) from RClIDting au,. dam. water conduit, reeervoil', powerhouse,
transmililcm Iin., or oth.r project wora OD or cUrectlY affectin, aay dHilJl1at8d
river. In addition, no "department Ql' .nay of'tht United Statu Ihalluaiat by
loan, pant, JieeDle, or othlll'WiM in the con.tructioD or any water n.our..
project tliat would have a direct and adverse effect on the value. fbr whioh IUch
river waa eltablim.d, 81 determined by the Secretat;y chal'pd with itl
admlnisttatloll." Similarly, DO department or apncy of the United State. is to
recommend autborl..tlon or Of appropriationa for any water l'MOUt'Ct1 project
that would have a direct and ad"ms .ffect on th. vatu.. for which the river
w&I utabU.hed without ad\'isi11l the rolevant Secretary and CoDer'" of the
intention to do 10 and Mttil1C out in writing "in what rnpect ccmltruction ot
auch p1"Qject would be in conflict with the purpose." ot the Act and how
co~ction would aft'ect the component and thIt valu.. to be protected under
th. Act. · .
.
The Act dOlI DOt deft.ae "water rBo\U'Ce project: Early river protect1on billa
lOCUM on curtaiUn. dllDl and other impoundments; the Senate bUlla the 90th
Congr.. only acldreaed facilfti.. llcenHd by FERC. AI enacted, however, the
scope ot the '7 prohibition I. mucb b~r, tbouih 8till addreesed to "water
rIIOUrctl.p1'OjKt8." Section 7(a) mClntioDl powerhouse., transmi.sion line., and
other project works and allO 'pealu of projects that would "have a direct and
ad",J'H .a.ct all tAt valu.." tbr which the rivet we. deaipted. It "em' fair
to interpret thia lanauap u applytn" at a minimum, to prqject. that would
alFec:t th.. ftw-8ow of. river. Lookil1' to the deOaition of fhe-flowinr in the
Act, this ;would Include projectl that impound md a1Io projec:ta that would
I
16 V.S.C. 11287(b).
4 18 U.S.C. 11278(a). Other provialona in'7 apply to projects above or
below a d81ignated lecUon or on itl tributaries and to riven bain, studied tor
po_ibl, i~Ulion In tbe System.
A?R-2E-97 MON ll:4: AM
P. 2
.
~.
~ 11:40
t<<J. Z?J FeW
cn.s.a
.'
modify the waterway. Theretore, a bri~p mlaht be included within .water \y
telO\l.l'Ct project" it it modified the waterway ~- e.g. 8 bridp that required
cbanne11aation and luppart ialanda in the rivtr bed. COnVIIl'Nly, a brid,. milht ~
not mocli~ the waterwq or afrect ftote-f1owe at all and would not be consldend
a water i'eIourct prajeet within the mean.iDI of the Act.' ht that caMs other'
m~ent provi.ionl of th. Act com. into play.
Section 7(b) aJ.o appU.. timiJar prob1bitiorJI otwatu l'iJOUle' prqjecta to
rivm beinlatudild tbr poIIible inclution in the Syttem.1 River ltudie. an 1;0
iDduda, tmon, other ~, "lb. reasoDably rore...able potential UfU of the
land and water which would be enhanced, torecloled, or cut'tailed if the area
went ~uded in tlw national wild and scenic river. I)'ItIm. 111 Therefore,
proIp8eti". tmprowmeDtl and dtYllopment that misht be Qlrtailed would be
coDlidared by CoIJllWl Wore a atudy river i. jneJuded in the Syetem.
Nota that riftl'l an added to the SyItem only by eon"... and Con"..
may, ot ecune, modit'Jr the pneral proviaiol28 of the Act &ad. provide lpeoial
lD8D8JI~t pnm.ion. tar a particular rive:.
Homer, even if a bridp mlJht Dot b, probtbited a. a water relOUrcl)
projlCt uilder '7, it may nOD.th.I... b. disallowed under the mana,.ment
proviai~ or 110.
~J,t
.
Seeiion lO(&) ttat.. that manapmeut p)8DI tar a rivet or HiDlent may
tttabli8h \oaryfng de...." of prottctJon and dneJopment bued on the .pedal
attributll: or the 11'18 and that other UItI will Dot limited if'they art l!oDUtent
with the proteeUOD and .DhaDctmtDt at the vaJuee for wbich the river ....
d..ip~:
~h component ot the national wild &ftCi scenio rivers 8;YIt8m Ihall
~ a~ in JUeb manner.. to protect md enhance the values
which caueecl it to be inc1ue!ecl in we! eynem without, il1lOfar II iI
CODIiIteQt therewith, Jimitinr oth.... UN. that do not substantfally
interftrt with pubUc u.. and etijoym.ent of dwae values. In lueh
admlniltratloD priuwy emphuil IhaIl be pW8l1 to prot.ctin, its
.nhetic, R8mc, hiltoric, arch.eotaBle, and. lCientific featuNI.
Manapment plant for any web component may ..tablUlh varyinr
I Some cammeatatore haV1l dtld the Itatl8ment in Sen. Rep. 88-l207
(1974> wI:aioh atatll at 83 that "[tlhe only UH atrictly prohibiWd i8
impounclzzwnt; the r1"1' Hgmant must remain ft.. dowinl" Note, howevu,
that tht Itatutol'Y definition of free.t1owing includH other mocijfieationa of the
waterway in addition to impoundm.nt.
· 18 U.s.C. f1278(b).
T 18 V.S.C. 11275(8).
. A?R-2E-97 MON 11:43 AM
" 3
04/2S/97 11 : 4El
NO. Z73 Pl2l0"
CRS-4
: delf"l ot intlDlity for ItJ prottetion and dnvlop%D8I1t bued on the
IptOial attributu of the ana.' ,
Maliapment plaQl -,hall addrna l'tIouret pl'Otection, development or lands
and facUltiu, user capac1tin, and other maza.pm.nt Facti. neceaary or
<lteirab!e- to achieve the PurpolItI or thi. [Act]."
Thet.tor., whethlT coDltruetion and operation of. bridp would be allOwtd{
W1dtr the manapment direct10n ot f10 would .eem k) be nabaated on a cue. ..,.;
~ bail. depeDdJDf 011 the cJusjflcation ot the riVlf m quatJon and the
valuu for which it wu iDcluc:1ed in the W'sld aZld Scenic RiV81'l Syatem.
It alto should be noted tbat f 18<r> of the Act &uthoNH the appropriate ;
Secmtr1. to p'w -_.ntl and rilhil-of-way -Upon, ow,., under, 8UOtI. or
throup _ component ottht natioul wUd and ICIDle riwraQBtem,. provtdtd ' 'wi
that .~ ooDditiODl precedent to IftIntin,lUcb .8Hm8J1U and rilbta-ot.wq
,haD be N1ated to the llOUoy 8Dd pul'p0ll ot W, c:hapttr.- (Emphuie adcled.)
Be., 117, 10, and 18<&) topther II1d. to the iDterpretatioll tba1: bridpl
are Dot"' H prohlblt8d u water rtIOUI'CI praject:l Ul)der IICtlOD 7, tboulb tbI)'
may be tf the CODItruClticm of the bridl' would atrect the t'r8e-lJowing
C~CI of the river iD quutioll. hide from wbetber a brid,. could be
d8lC1'thecl.. a water t't1O\lJ'CI projeet, a bridp !II1lY Of mq not he alloweci within
a deeip1ated "1D1I1l't depending on whIther the bridp iI appropriate
eoalic:l~ the elauiftcatiOD of the riYel' and the valu.. f'w which it was
protec:t.dJl1
Tbat this it matt likely the proper interpretation or the .tatutory laDlU",
j. bom. o~t by the lecillative hiatory of the Act.
;
LellUu? Biatoq
ID 198i, the bi~rtiJan Outdoor Recnltion KaIoUfCU Review CoM1atMion
1"8ClOIDDle1ld1Ci that:
Certain riW1'8 of unuaual loimtiftc, utbetic, md recreational value
ebauld be .Uowed w remain in their tne.f1owlng .tate and natural
~nr without 1J18nmade alteratioDl.
.
18 tJ ,8.C. 11281(1).
l~ U.s.C. 11274(d).
.
10 'llhl. interpretation buically C!Omportl with the rtltatemeni of the
man.pm.nt nuibllity stated in S. Rep. 98-1207 at 33 (1974). which etated tb<<t
mOlt tradi~ob&l UHI, including roadI and bridps lMy'be allowed. <Emphui.
added.) .
A?R-2E-97 MON 11:44 AM
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04/28/97 11: 4e
NO. Z7~ PIile5
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.
In 1963, the Secrttarl.. of the Initrior and Asnc:ultur. undertook a "Wild
Hi"" Study" to in~ipte the need to conserve wild riVll'l and to develop
criteria Cor tvaluatiD, pouible candidatel. Thil study wu ccmlpleted in 1964.
M the oo~pt or protectinG certain or our riVt1'8 in their trH t1owinlltat8
piDed wpport, th. l.pIativt propoul. moved &om aD initIal foCUB on limply
lIfOh1bl~1 dama and other t'aci1itiee that would block and interflre with the
t10w otwateJ' to a broader concept orprotlctiOD that would encolllpaA the river
corridor .- 1andI u WIlli 88 ....t.r. Because of obJectiOI18 to .. blanket
"wilder..- approach that misht ",met all de",lopment, a .yttem of
clUB1ftaatioD of riV81'l wu developed to l'8Copize both differences in the extent
to which ri~ alt8&dy had dev.lopmena at the time of ct..iptton and the
extlnt to which modifications and r.cilliiea might be Allowed after desiption.
A 8.utl bill (S. 1448> W8I puHCl in 1968 durinl the 89th Conpa, but
wa not p8N8d by the HOUR. The but would have proteeted certain "wild- liven
or rift!' ..pmltI. A ,tmUar meaeur. 'Nitb certain chanpe wu reintroduced by
Sen. ChU1ch (with sa COIpODIOf,) in the 90th CoftIrIII u S. 119. The Senate
bill in the 90th Co..... deftnecl two type. or rivera: -...ad- and -ecemc." The
bill establlahecl a policy ot pt'Otectm, "om. of the trn-t1owin1 river. of the
'United SYtII ancl n1ated actiaeent land areas: Similarly, the ddnition. otwilci
and IClDie rivert meation the 1'11atecl a~acel1t landI. Stotiou 6 ot'the bill would
~ prohibited damI or other project worlu by the Federal P~r CommiIBiOD
[now l'DCl, but wol1ld not otberwi.. expreu1y prohibit wMerTUOuree FOJectI.
Section 5(c) related to mamapment of dHipted river corrlc:lort and ezpreuJ;y
ptl1lLi*~ ooQItNctlon ot toadl and bridpa. TM committee report noted tbl.
tact anel ,taWd:
The bill bu been retarred to 88 an 8ltt8ntlon or COfOUary ot the
Wlldtme.. Act, but its provilionl are not nearly u remictive. A
national wild or IC8nic riftZ' area will bt IdminiIwred tor ita eet1wtic,
1IC8Dic, hiItoric, fDh and wildlife, archaeologic:, _enUnc, and
1'ecreational featu"" band 012 the special attributea of the ena.
Howtvtl', it will not prohibit the construction of roads Of bri.,
timber hanwaijnc and Iivntock crum& ano otber \Jill that cia nat
wbltantiaUy interfere with public USI and 81\foyment or thee. mua
~.ull
Th18. lanFap and commlutl repeatini the lanF'" on the Boor art
.ometim-. cited.. IUpport for the propo'Ition that the wlld and Scenic Biftl'l
U $.1bp. 90-491 (198'7). The .&me provilion W'U in 8.1446 in the 89th
Conan-. repteUnl wh1ch the committee report .tatad: 1t Is allO the intent at
the conmtittee that notbinlln the bUt .hould ehanp txittlns t&W8 with rupect
to the conatruction ot brl. or neecied TOad.. In pven ca., the co'IDIDlttee
felt that property owners milht need 1CC118 to botb ,idetl of the rivet." S. Rep.
89-192 (1986), printed at 112 Cong. RIc. 581 (1968).
. .' A?R-2E-g7 UOH 11: 15 All
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NO. 273 PEIEll5
cas..e
Act dott DOt prohibit bridpe SCrotl d..ipttd riven. II However, it mult be
pointed out thai ibe Senate bill laniUap IZprtlaJy allowing bridps and road8
waa tak8n out oC the bill betore enactm.nt. in favor or the more flexible
laQIUaP II1aCtIci in nO of the Mt. Thenfan, tbe nport lanauap ,a Dot
iftdicatiw of ConptllioD&l illtent: and the contrary arpment WI be made ..
that: CoDII'tII rtjeeted l*' I' a110W8nC8 of bridpl and roadI.
StCttoll a or tbe Senate bill would have created I Review Board to conaid.r
whether to contbN. or modify the proWctiOD of al1'88cly deaiJDatMi areas.
The HOUle bill, H.R. 18260, wu a clean bill introduced to ret1ect the work
ot the r81evant commJttee on 17 other wild or .eeaic riVU'1 billl and all
ameudmentl. The bill provided tor three cluliftcationa: Cl... t II, and m
"_hie. riftl'I, "'biob were de&ed .. the CUl'1'8At (WUd, Scenic, and
Rec:natloMl) claHUlcatiODl an. Section 7 011 water nIOurces proJlCtI and
MCdon laCs> on JDaqtJDeDt were Ylrtua1JJ the .IIIJII8 .. the .nacted lan,uap.
The ..vticm by IlICItion dumption in tb. committee report cioeI Qgt elaborate on
what colUltitutela WIICIr resource project. As to the '10 manapment lan,ua,.,
the repo~ ItatN:
8ectiOD 10 provides for tht ldmiDiatraticm of the PAtioaal K8Dic riven
~_ tUin.lnto ooDlidtration other WIll, but emphufma the
protection &Ad enhancement or tbI valu.. which C8W1ed the river or
~epstDt thl1'8Of to be Included in the 1,YItem.
The ~U that ultimately p..tci WII much oJOfIr to the HOWIe ""ion,
incJudtn8 the Impap or netion. 7 and 10. The taet that Janl\1a. apren1y ~
al10wma ~... III1d roadI wu replaced with mon Dexible l8DIU8P on taldng
into CODIiGtratiOIl other u... while emphuWn, protection ot the valu.. for . J
which a 11;,... wu deaipttd ,upportl the intwpntation that bridpa ~ 01' )It'
JDq Dot bit aUOWId. dtpendin, on the cl...Ulcatioa of the river and the va1u81
aou,ht to be proieetId by itl inclusion 1~ the Wlld and 8cmic Ri"m'l Syatem. ,
You have ukld \11 to take I particular look at what wu Hid reprdinl
bridp. or water rlaauree projects durin. the d.Datt.. TJ:U. discWllloIl tallows.
II 8ft, I.,., the opinion oC the Auodate Solicitor, Pirkl and Recreation
to the Director. Bureau of Outdoor R.c:nltiOIl, U.S. Departmellt orebe Interior,
omce of the Solicitor, February 7, 1989. Thia opinion at " .tatu that .[t]h....
i. DO quniiou, in our iwlpaent,. that _ctioD '1 waa not intendec:l to apPl1 to
tTaDI1D1uion 111181 (detpitt the fIct that IKtiOft '7 axpnuly mmtlona
b'aDlmlaibn Un.), or to biibway lAd bridp ClOlWtructioll Kfotll delilA.tad OT
Ituciy riven. The opinloll rested tbil COnclUlioD OD the Senate "port quoted
above, witPout autin, that the report 18lattd to 1..... that wu "1Il0ved
t'ro1:Q the i.plattoD blfare enactment. Tbe opinion 1110 coDClua.d that water
relource projlCtll1'8 thON that affect th, 1r...nOwt of a river, but the opiaion
did not reOOnlider wtMtber a brielp lIU,ht do 80, d.pelldil1l 011 it. conatruc:tion.
A?R-2E-97 MON Il:47 AM
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04/28/9'7 13: 52
NO.284 POO2
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S.~ra1 Mtmbere commented on IDanapmlnt .11 in pneral and llmite
Oft water fUO\U'Ct projtetl in parcjewar. Membtn' eonuDeutl reflect cont\&8ion
on 10m. poinD, pvhapl becauH HVetal versioDl of thl J',alation had baa
OOl2Iid,Nd and there milht have bien .om. uncertainty rePldinC the three
clUllftc8tiolY otriwn and Dl8Dapmtnt in thl Houn but.
In prwentm, the Senate biU, StD. Churcb retelnd to the fact that both the
river and tbt "rivvr area- 'ftN addreeaed, but aJIo repeated th. language from
the San.. report, fUpl'G that ~rmittecl bridp..1I
Stn~ Ne1Ion Doted that ibelimitecl po..,.r otftdval condmmution provided
by the bID wu to be UIId to "proteet leeUie and wild ri~ A-ozn commercial and
indumial dtItrQotioftr Dot for iDd1lc:riminate acquiattion. The bill . not a land
~ and the cODdemnaiion power I. primarily tor acquiaition ot appropriate
public .... Iitee."M
OIl the HOUle tide, ..vera! Members commmted OIJ the atent to which
dtvelopa>>= alon, a protIoted riYlJ' apt be .UOW9d. Bel'. KyJ apob apiDlt
incJudin'Vl17 many riven in the ltgislation on the srounda that clenlopment
on the riYwi and their banb would b. ew'tailed:
You oumot have a ICecic riVlr, tor jJ2ltanoe, with a _erie. of dam. tor
flood contlal, or for any otbv PUrpael. You cannot have a hilh17
protected 808D!c rinr and at the ame time haw new hlcfustrJal
II'owt:b tical ita baub, or new J'elidmtial growth ...."
.
AD ~ between Bept. AlpiDaU aad Hanha Ir1dieated the belief that
-bil. a FERC UCIDHCf dam would be helel'up durIn, the time a mer wu btin,
ltuditd, ~DIWction ot. Jarp flooel coDtroll'Uenott by the ~ Ccnpe of
Ea,mem'ltOu1d not be.lt Tbia appean incorrld WMIer thl JaDgU8g8 ot H.R.
.18280, wbieb -- Ilmilar to curreDt law. A later uchanp indUlated thai future
projletl by the Corps Or the Bureau of Reclamation would be Iff'ected by the
bin. J7 .
Whq: Rep. J\aqua liked it & private citizen could build a pil" ~io a
de.i_taG river, Hap. Sttipr indicated that tbis activity ... permJ-ible
becaun ouly tIdIl"al AmctioDt would be affected. Hcnqv.rJ wv note that a
la
113 Coer. Rec. 21,742. 21,7"3 (1987).
lis CaDI-1ft. 11,'180 (1987).
lU CoI1', IlIe. 21,456 (1988).
14-
114 Con,. Reo. 21,4G6 (1988)Cttat.mem. otRepl. Stet...., Taylor, and
14
15
18
"
L8vtd.
. A?R-2E-97 MON 1:52 PM
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04/28/97 13: 52
1'D.264 PeEO
CRS.8
,
federal permit or approval might be n8C8llary tor pie, construction and that pier
construction mipt be eurlaiJed, depending 011 th, cil'CUlDJtanc88.1'
The Joaplt aplanatioDl of the HOUItI bill do not addreu the iaue of
briclpl, but did I'IVin the varioua clUliAeatioDl ohi.,., and that mlllapmmt
would take into ooJaiclenttou other U....11 Stveral CDIlUDeIlU rarerred not only
to the ~~ion of riwrs themae1ftl ft001ll development, but alto th.ir bmb.
SolDe Kfmben emphaaiHd the proteotioDB the bill would provide, but at oth.-
timu plIyecl clown the txteni to which rivtrl would be *locbd up."
For 'exampl., Rep. Aapinall indicated that tbe bill would protect .till
priltinel'iven from indultrial development, but alBo Doted that the riverl would
Dot be "locked up. btcauae the Corpe ot Enpeel'a could int'ofm ConlN" of
dttincl deftlopmmt aDd Coqnu could authorial it.1O Rep. Saylor
that the lqillation would not "appreciabl)' dtcreue* t1M opportunity b- new
i~OD, but would praride a II" otaatunl place, the Il'tIt treuurI.
ot .hoNUDI aJoq ID8.DY of our unde9eloptcl rivers azacl Itreami. II Rep.
Edmondlon ....n.d that the overall tA'tet ot f1 would be w halt primvily the
aotiona of thl ".....1 Power ColDmi"ion and act:ionl of the deparimen1:8
without Doace belnr liven COUJl'.... an IIIIItIIDInt with which Rep. Aapbwl
concurred.- Rep. McClure nctod that the drawing of boundaries for may
riven and the clevelopment ot plaDl would provide the tlaibUity to "1D8ka
aceptioli to thOle .t:rtamBide dtvtlopmenta which .houlcl not be disturbed.....
Rep. JolmIau azul otbtrllOuibt to amend the bUI to !'lillO'll certain nwr
Hpwntl;U Rwiyrmr. in order to &J1ow lndumi&J d...Jopment alODgth. river
to proC"L Rep. Stratton, 'P'akina in ta'lOr of el1m1DaClDg the SuaquahanDll U
. ~ ~".. apreaM concern about the ,&eta of tbe Rudy deaiption on I
propoHd hwa,y alon, part or the river. "Would it, for 8DIIIPlt, prevent aQ)'
river clWml1 8~ to facilitate bridp buildla, alon. the route 0( the
fteeway. What would it do to poIIible cleWna or debrS. from the river wound
Oneonta, U WIt doae a few JMZ'I ., to pr...nt devutatiAB noodmg in
Ol1lOnta'; tizth ward.8M
.
.
II
1,14 Cong. Reo. 21.456 (1968).
8ft, remarka or Rep. Tqlor at 21,469 and Rap. Sa,lor at 21,460.
114 Con.. Bee. 26,G90 (1968).
ld., at 26,591.
Id., at !1l,594.
Id., It 28,696.
II
.,
21
II
II
14 ld., at 28,804. Rep. RobilOn alJo waated the Su.quaha.nna removed
at . .tu~ riVlr btcauH of CCll1CerDl that watershed proJecw might be aft'ected.
The SU8qwabpnna wu amended out.
A?R-2E-g7 MON 1:54 PM
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04/25/97 13:~
f\() . 284 Pe04
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..
Tbe HoUH bill W8I ~ Oft September 12, 1988, then the Senate bill.",.. t. ~
azMuded to aqhltitute the tat of the House bill and PUltd.3I )
The lVmara otMembtnr did &1Clt fbcUI on the qutltion orbridps, but could
be ohuuteril8fSu rtfIlCtinI an awarenee. that themanapment of a clNipated
nl'W or'river Mpaftli mfpt or milht not includ. approval of particular
t'aclliU.. BUch 81 bridpa. W. note &pin thai th. SeDate lanl'lap apreul;;L
aJlowiDB' bJoid,.. wu replaced by more flaible HouN Ianruap on manapment;'~ #. ~ ~-or
l\.,d-ha1itnu.. materiall
Som. apocy intet'pntat!OD ot theu iuuts exiGI. fonat Service
r8I'llationa .tate that the term water rtIOurce proj.ot meana:
.n 8C1 dam, water conduit, J'IHlYOir, powIfbouse, trammiIliOG~'I3e,
or other projeet woru UDder the Federal Power Aet (418tat. 1063) as ~.r'
am8DdedJ or other conltNotion ot d8'f8IoPDW1ta which would .,
the ftoee.f1owiDg cbar8cteriltic. of. Wild aad 8cemc River 01' Study
: Blvtr.-
Th1a d.flDitloll cloet n~ addntI bridp. per II, but rather loob to whether
any typt or coDltruction would afreet the ftee-t1owiq characterlttiOl of a
deaiptld nYW'. A8 diIcuHtcl abov., the Act deftnH flI..f1owin, u aiatlnl or
t1owtn, ill -natural condition without ... =odiflcatiOD ohbe waterway."
.
ADother nrlUlatton provideI that:
: The 8eclrttary of Agriculture will CODHnt to the 181uance or any
Fed8l'81 meal', permit, or other authorization if, .. a ftndiDI of fact.
; it i. dttIrmintd that:
,
(1) The water rI8OU1'C8I PredICt will not baw . dJ10eet and adwzw
e.t on the vaJUH tor wbich a WUc:l anclScenic River or Study
:amr ViII d8llpted, wlw1 .,. portion of the project ia within
the boundari.. of laid river, n.
Thel'eCon, it appears that the Fonlt Serrtct would oppoee a bridp - u .
watft "IOUmI project - if it atTected the eree-oowing characterlJtica of the river
8ftd would have a dinlci and adverae efl'ect on ~be value. for which the riY8r waa
detlpatta. AI dilcUllad, bow"'.f, approval of . new brldp ia aJ.o a
--~l"IIent iAue uDdttr flO, nprdIeu afw~thm' tM bridp COD.b'uction may
b. chanctariZ4Ki Ie . water J'9IOUne pl'Oject.
.
Ido, at _,806. 28,607, 28,811.
131 CJP.It. '297.3.
:38 C.F.R. 1.7.8W.
.
iT
.; A?R-2E-97 MON 1: 55 PM
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e,v28/97 13::53
NO.284 PEIBS
CRS-IO
Cumnt BLM rtl\ZlatlOD' do nOi deflae the term "water ....ource project."
Ho....r, the BUf baa pt'OpoIId atw regulatioQl on wtId and scenic: riven tba~
among other thinp, deftn. -water rtI01UC8I project. u a project under the
Fedenl fo\VIr Act, or:
. n. other CODltruction of dnwlopmentl whic:h lZIiV atTect th. tn.-
tlowina Wuaracteriatla ot a Wild ami Scenic Ri\'8r or Study lUV81'.
,Lampl.. could tnctude, amon, other., cWu, water conduIC8,
: relmroln, powerbOUHt, trlmmil.ion Una. watar dlver.ion projlCtJ;
cJndp and fill Optl'atiODl, ft.htri.. habitat and watenh,d
rutoratioallftftamemant projeGtli bridf, GIUI other ~
COMlnldioN1'rC'07J6t1'UC1ion Projec"i henk .tabWaation projects;
:elumrMlUaation Projectli recreation t'aci1iti. IUCb u boat ramp. and
.f11hq lien and activitf. web .. Nation clredtinr UIOCJated with
lIliDiU;.
The National Puk Service dote not have pnel'al wild and lCl812io river
reaWatio~.
In 1$82. the 8emtarit. ot the munor and A,rfculture published tma1
rhiled pldelinea fbr the ltudy ot potencial riven &Dei the lD8Dap!Qmt of
deeiptlcl river.... We have been told that tbue IUidalinel are Rill in etfect
aad provide the tUlibiUty criteria for candidate riYU'l. On c:laHifYingri~ the
guidelin. ltate tbat Wwiler nYII' area "will not eonta1n roedl, rai1road.t. or other
~orY tor .wucullD' tram within tbe ri1'81' area.... Thl. appura to mtan
that ODe 01' 1Dor8 roadI Bad brldpt would cUtquaUty a HpWnt from bem,
c:JauUi1d .. "wild. D "Scenic river area- IU'I mOlt with Iaraaly undtVIlopecl
.honliDet; "but aco.eible in placee by road.. - 'l'bia i. expJab:a.d u m"."izw
-that 10adt IDay racb the rivw ..... and occufoD8lJ.y brtdp the river."
RecnatioEial river arlU "1ZU\Y contain alItm,panlltl t'Oade or raib'oada 1n cloae
pJ'ozimi~ to one or both baab of the riqr u well II bridl' CI'OIIlnp and roads
fordiD, 01' tncUq at the riWI'.... Theretore, riwn with brid... may quaJ1t)r u
SClniC or rtereationaJ riVWI. TbJ. tact ~ sfft IO!D8 support tor the 8rsument
that ne.... brid", over Iucb riven IDB1 be allowlci in 101118 iMtanct" dependinr
.
.
it 61 Fed. RIa. 47,726 - 47,728 <September 10, 1896)(E]npbaaie added).
The COnmulnt pltl'iod em the PJ'OPOnd reguJatiom ... extended to Dec:eD:lbtr 4,
1996, but bas now oJoaecL The explanatory m&terial.tatQ that the propoaed
reaulation ....ould harmonize BtM'. proceduru and d.ftDitions with tbOH ofch.
U.S. FOllll Service."
· 41 FeeL .,. 89.464 (September 711~2).
GO
Jd., .t 39,457.
01
,
Id.
Id.
..
A?R-2e-g7 MON j:56 PM
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CRS.l1
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011 the elauiflcatioD. or the rivef and the valUII tor 'he prot.ctJoa of which it
wu desipwted.
On the IUbject ot ID8Dq'8m8nt, the SUhitliJs.. do not addrete it and when
brid,. milbt be allowed, but interpret 110Ce) ortb. Act u "a ncm.dell'adatioD
and nb_Dealtat poliq for all deaipated river areu,'" .uch that rllOurce
UI88 should not "'nety impact or deJl'lde the valul8 or a protected I1ftf.
'I'bl. mipt meaa that a widp would not b, allowed acrou a "wild" riV4Jr
btcauae that would ctqraclt the river down to "lCenic" cJaeitloation. "SplCit1c
mana....t .tratella wfJJ vary accordiD, to clutiflcatioD. but will aJW&yI be
daiPed :to protect and AIlhAltCl8 the valu.. of the river area. Land u... aad
devvJopmmta OIl private Janct.1rithin the tivt, art. whicb were fA aJ..nee
-hill the riftr WAIl deei~ may be pmIlltteci to coatinue. New land uau
muQ be lWIJuaMt tar their COIIIpatWlity with the PurpaIM ot the Act. ...
Otheir praYjliou aJao 11287 nJate to t&. iMue otbridpt. ~ trarlel
on luui ,. .... 11 pumalIy permitted in wild, I08Dic ami ncnational ril'W
artu, bue will be f8Itrieted or prohihiqd where DItWI&r,y to protect the \'&lUll
for which the river IIlN WAI deeipt<<t:" -m the ablence ot nuoD8bl.
alternative routel, new public udJity rJfbtl-Ot-way on Ftcierallandl atrectiq a
Wild - aOlafc mer .... 01' Itudy arta win be permittld. When JaW riahta.ot.
way are ~'VOidabIe, lacatioM cel aoDltructfon techDiqu. will be ttlectecl to
D1fnimiH :aclvtne ef!'tcta on .mc, recreational, 8th aad 'trild1irt and other
wluee or __ riYIr I1'IL ..
The ~p1don1 011 Army Corp. otBllpllMI" pll'mitl tbr atruotu1'tl 01' wort
in or afI'IGt.fq navipbI, watIr8 or the United Stat.ee (lDc1udiq pi'fI, PUiIlllI
neial WlaudI, aDd IlI11 other obttaelu or obttructioQa ill the waterway) rtqufn
an lYaluaticm ot the public interelt, including CODIidlU'lltiOD ot the tfJ'tata the
pl'OpOIed structure or activity ma,y haft on ftlu.. such u thon - .me.. otbert
- 811CCiat4ld writh wi1ci U1d ICOnic riftn,"
We .. DO infbrmatiOI1 AI to whether or bow often bridp. haw beeu
allowed ua.der tbe lllADaplDent plant developeclfor th. variOU8 riVftI ciNipate4
by the Act. fA IOIU of t.h.1aWl ~1D.tfnr nV8!'l tor incluaioD in the National
.
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rtf, at 38,489.
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88 C.F.R. II 320.4(1) and 322.
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Wild ~d Scenic Riven Syat8m, ConJl'8Ia baa 8pecifically allow.cl bridpt.-
'I'Jn. rad may Ilnd IUpport to the wlUment thai bridp. ara prohibited, or it
may reflect the ambllUity ot tb. Act OD thi. _u, and th. fact that whether a
bridp would b, aJlotNd wtdv tht management plan deVlloped for a particular
proteotlcl river corridor it \UlCertai12. ThI. option of lepJatively addreufn, the
illU. ot wh.ther bridpI hi pneral or . Mi. In P81'ticuIar will be allowed ii,
ot eourte, 81..,. aftiIabJ. to Conar-. ,
.
COIlaIuIaza
TbeiquqtiOIl ofwbether brJcIps ~~tecl or PIl'DliUed under the Act
ja not ::= ~ in t!ii'WQd Die Ri'VVI Act. The .trwlture, _
tat. and &tift biator,y ot b Act ...m to support an Uztlrpntation that
bridpt m., or may not be allowed ICr'OII . dtlipaW "pwnt cI8pendinc aD
tha l8IUltI of a .....b.r-cue aDaJ,lil. Althou,h it 8pp88!'I that bnq. would
not UlUaUy be witbin the ml&DiQc of "water I'eICNrCe project: and h'Dee
probibiWd P8l' It uDder '7 ot the Act, . bridp mipt qualifY .. IUCb a project,
8ACl htnCt hi probibited, depadiq on whether ita comtructiall afl'eeta the rr...
tlowina abaract.r of the ri'VWr by 1IIOdif)ia, the watarwa,.. It AOt prohfhited
uucfer n, . bridal mlJ1 be aUOWICl UDder thl ~ auidance of 110.
depediD,l on whether the bridp 18 appropriate c:oD8Iclerm, the eJutfftcatlon or
the ri'lft' 8IId tM VBka8I ftno t1w proteettOD of which inc1uaioD in the National
W"Ild.. Sc.D1c Riven SJeteID wu Jl'U1ted.
Btc&UII ottbe uncertainty aurrouDdingth,.. olwbethtr & bridp lllifhi
be allowed fD ID,Y ,.n:Icular iutaDce, eor.- .. wilh to lip( ..ly adclntu.
II it baa in. IODl8 inatancea, the qutltion of bridp. in CODJItction with
dtapaatipn ot a plUiiauJar "..nt.
II Set, .... '708 otPub. L. No. 96-625, 92 Stlt. 8467, _9, which added
the Saint JOI, Idabo Hpatftt aDd ltattd that the cl....ftcatlan ot the Saint Joe
Rivei' an~ the'IUblequeat dneJopment plan (Ol'the rivtr -,han at no time ...
Interfere with or ftltrict ,""nt u.. of or fUture construction of bridpe &Croll
that portion of the Saint Joe and ita tributary .treama in their entirety ...._
Section _Cd) at Pub. L. No. 94-488, 90 SCat. 2827, 2S28 with rupect to the
Klaouri JlrtaJu J'ne.ftowing River, autboriad the Stcmary otthe Interior "to
penult tJie canRruet10n ot. brJdp acroa &be riVlr in the pneral vicinity or the
COIDJIlunijy ot WiDifrtd, Montana, In order to accommodate the llow ot
northloutb 1ratlIc. Such coDltructfon .balI be in accordance with a plan which
ia J21utualJy acceptable to the SecretafY ad Stat. and local b1&hway omct.J.,
and ....bicb iI collliHmt ..ntb the pW'pO'" of &hi. Act and the Wild and SClnic
Rivetl Act.- Pub. L. No. los.aoJ lOG Stat. 3G6 directecl that deaip1ation ot part
ot the MiHourl Riwr not place., additional ~lrtmentl on the pl8Gement
of bridlll. Other acta haw authorilld other actiYitftl, including thate that
otharwfa, would be prohibited u waar I'tIOQrce proJectI.
A?R-2E-97 MON 1:59 PM
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.
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A?R-2E-97 MON 1:59 PM
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W81bope uu. iDf'onaation " beJptuJ to you.
NO.484 Paae
Y1!~~
Pamela Balclwln
LeP1atlYl Attorney
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-13
May 20, 1997
SPECIAL MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble at 4:30 p.m.
Present: Councilmembers Cummings, Zoller and Mayor Kimble
Absent: Councilmembers Bealka and Thole
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Parks Director Thomsen
City Engineer Eckles
Community Development Director Russell
City Planner Fitzgerald
Administrative Assistant Cordes
City Clerk Weldon
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
1.
Workshop: Park and Recreation Board and Joe Gurban, Minnesota Recreation and Park
Assoc.
Dave Junker, Park & Recreation Board Chair, introduced Jon Gurban, Executive Director
of Minnesota Recreation and Park Association. Junker also acknowledged the presence
of Park Board members Del Peterson, Leah Peterson, AI Liehr, Linda Amrein, Nancy
Brown, and Ken Meister. He also noted the presence of representatives from ISD 834,
V AA, Hockey Association, Open Space Committee, and Friends of Stillwater Parks.
Mr. Gurban played a video presentation on the benefits of parks and recreation.
Councilmember Cummings presented a ward by ward listing of park issues identified by
the COullcilmember representing that ward.
Discussion related to use, maintenance, planning, acquisition, and fundiijg followed. Mr.
Gurban recommended developing a comprehensive approach to planning and seeking
funding.
Motion by Councilmember Cummings, seconded by Councilmember Zoller directing staff to
discuss a comprehensive approach to park management and funding and return with report. All
in favor. (Thole, Bealka absent)
2.
Bob Ballantine, Compass Development - Update on Sports Facility fundraising
1
City Council Meeting No. 97-13
May 20, 1997
Mr. Ballantine summarized the information gathered regarding community support and
feasibility offundraising for the community sports facility. He will return to Council
with a recommendation at the June 3 meeting.
Mayor recessed the meeting at 6:20 p.m.
Attest:
Mayor
City Clerk
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City Council Meeting No. 97-13
May 20, 1997
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-13
May 20, 1997
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble at 7:00 p.m.
Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Community Development Director Russell
City Engineer Eckles
Police Captain Bell
City Clerk Weldon
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
APPROV AL OF MINUTES -
Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the minutes
of the April 29, 1997 Special Meeting and the May 6, 1997, Regular and Recessed Meetings and
Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
Mayor Kimble announced the request for public hearings Case Nos. PUD/97-13 and
SUB/97-14 have been withdrawn by the applicant, James Blichfeldt.
Motion by Councilmember Bealka, seconded by Councilmember Thole to remove Public
Hearings Case Nos. PUD/97-13 and SUB/97-14 from agenda, as requested by applicant. All in
favor.
1.
Friends of Stillwater Parks - Stillwater Bicycle Classic
Pam Johnson, Chair of Stillwater Bicycle Classic, and Tom Sullivan, President, Pro
Events International, presented information regarding the bike tour scheduled for Sunday,
September 21, 1997 from 7 a.m. to 4 p.m. He explained the event is sponsored by
Friends of Stillwater Parks and a portion of the proceeds will go to the organization. Pam
Johnson, Chair of Stillwater Bicycle Classic, and Judy Gulden, Friends of Stillwater
Parks, were also present.
3
City Council Meeting No. 97-13
May 20, 1997
Motion by Councilmember Thole, seconded by Councilmember Zoller approving Stillwater
Bicycle Classic, contingent upon approval of Police Department. All in favor.
OPEN FORUM
.
A resident explained he wants to build a garage on his property, but the lot would not allow for
required setbacks. He requested information regarding "grandfathering in" older properties for
exemption from setback requirements.
Mayor Kimble explained all property owners requesting exemption must follow the process of
applying for a variance through the planning department; there are no "grandfathering"
prOVISIOns.
CONSENT AGENDA *
Motion by Councilmember Thole, seconded by Councilmember Bealka approving consent
agenda.
Ayes: Councilmembers Zoller, Bealka, Thole and Mayor Kimble.
Nays: None.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Resolution 97-116: Directing Payment of Bills.
Resolution 97-117: Purchase of Engineering Dept vehicle
Payment of administrative billing to Middle St. Croix River WMO
Emergency lighting and related equipment for two squad cars
Purchase of lap top computer and related equipment - Police Dept.
Resolution 97-118: Employment of Jennifer Collumbien as Senior Account Clerk
Resolution 97-119: Employment of seasonal part time laborers - Parks Dept.
Resolution 97-120: Employment oflifeguards - Lily Lake
Purchase of pressure washer - Parks Dept.
Purchase of computer - Finance Dept.
Hang Banner: St. Michaels Parish Festival, July 8-21, 1997.
.
STAFF REPORTS
1. Finance Director Deblon introduced Tom Koop and Mike Lyonais of Larson, Allen,
Weishair & Co., LLP. Mr. Kluk presented the Independent Auditor's Report, explaining
the audit process and the summary of results. He concluded the financial position of the
City, as of December 31, 1996, and the results of its operations and cash flows of its
proprietary fund type for the year then ended are in conformity with generally accepted
accounting principles.
2. Community Dev. Director Russell informed Council the City/Stillwater Township Joint
Planning Board will meet Wednesday, May 28, at City Hall to discuss the AUAR and
joint parks planning.
3.
City Engineer Eckles reported street cleanup work was behind schedule due to additional
.
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City Council Meeting No. 97-13
May 20, 1997
workload resulting from the spring flooding; therefore, a contractor has been hired to
sweep streets.
City Engineer Eckles requested authorization to begin the hiring process for an
engineering technician (in 1997 budget).
Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the City
Engineer to begin the hiring process for an engineering technician. All in favor.
City Engineer Eckles also requested authorization to purchase a one-ton truck for the
Streets Department (in 1997 budget) and presented quotes from Grossman Chevrolet,
Brookman/Chrysler, Boyer Ford, and Stillwater Motors.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-
121, authorizing purchase of one-ton truck for Streets Department.
Ayes: Councilmembers Zoller, Bealka, Thole and Mayor Kimble.
Nays: None.
PUBLIC HEARINGS
1.
Case No. PUD/97-13. This is the day and time for the public hearing to consider a
planned unit development for four twin homes located at 1321 S. Fifth St. in the RB, Two
Family Residential District. James H. Blichfeldt, applicant. Notice of the hearing was
placed in the Stillwater Gazette on May 9, 1997, and notices mailed to affected property
owners.
The Mayor reported the applicant has withdrawn his request; Council removed the item
from the agenda at the beginning of meeting.
2.
Case No. SUB/97-14. This is the day and time for the public hearing to consider a
subdivision of Lots 15, 16, 17, 18, 19, and 20, Block 1, Churchill's Second Addition and
Lots 21 and 22, Block 1, Churchill's Addition to Stillwater into 8 lots (Rose Ridge) in the
RB, Two Family Residential District. James H. Blichfeldt, applicant. Notice of the
hearing was placed in the Stillwater Gazette on May 9, 1997, and notices mailed to
affected property owners.
The Mayor reported the applicant has withdrawn his request; Council removed the item
from the agenda at the beginning of meeting.
UNFINISHED BUSINESS
1. AUAR: Approval of contract with BRA for additional services
Sherri Buss, BRA, updated Council on the AUAR and explained the draft agreement
which would cover the preparation of a basic grant proposal as well as a detailed grant
application for Met Council water quality initiative grant.
5
City Council Meeting No. 97-13
May 20, 1997
Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 97-
122 approving agreement with Bonestroo, Rosene, Anderlik, & Associates, Inc., for consulting
services related to additional AUAR grant proposals and studies, Job No. 9626.
Ayes: Councilmembers Zoller, Bealka, Thole and Mayor Kimble.
Nays: None.
2. Update: Territorial Prison site project
City Coordinator Kriesel reported a request has been received by TCI developer John
Lang for an extension ofthe May 30 closing date for the redevelopment of the territorial
prison property. Mr. Lang stated a letter of interest had been received from a funding
consortium to provide acquisition and rehabilitation funds necessary to complete the
project, but closing would not be possible in less than 60 days.
City Coordinator Kriesel reported all the City's responsibilities have been met; the only
thing left is for the developers to obtain financing.
Motion by Councilmember Cummings, seconded by Councilmember Zoller granting 90-day
closing date extension (to August 30, 1997) to Territorial Coalition, Inc., for Territorial Prison
redevelopment project. All in favor.
3. First reading of ordinance extending moratorium on granting of permits for cellular and
PCS towers.
City Attorney Magnuson reported the Planning Commission and city staff study of tower
ordinance revisions are not complete and recommended extending the Moratorium on
Tower Permits and Construction for another ninety (90) days.
Motion by Councilmember Zoller, seconded by Councilmember Thole to have first reading of
ordinance extending the moratorium on the granting of any permits for cellular and PCS towers.
All in favor.
4. Licenses for use of Mulberry Point property and rescinding Res. 7491.
City Attorney Magnuson presented municipal licenses prepared for Stillwater Yacht
Club, Mulberry Point Dock Association, and PD Pappy's for use of land formerly leased
to these entities. Because the licenses provide very limited rights, no fee would be
required. He stated he had not yet contacted the entities, so he did not have their
response. He stated all parties have been privy to the development of plans for Mulberry
Point Park and its contents and impact on their operations.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution
97-123, approving Municipal Licenses with Marina Development Inc., dba Stillwater Yacht
Club; Mulberry Point Dock Association; and Stillwater River Inn, Inc., dba PD Pappy's for the
use of land formerly leased to these entities.
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City Council Meeting No. 97-13
May 20, 1997
Ayes: Councilmembers Zoller, Bealka, Thole and Mayor Kimble.
Nays: None.
He also recommended rescinding Res. 7491 in order to clarify future actions related to
the present Co~ project and future construction of Mulberry Point Park. He also stated
all parties have been privy to the development of plans for Mulberry Point Park and its
contents and impact on their operations.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution
97-124, rescinding Resolution 7491, Assuring Paul Sherber certain rights in a parcel of land in
his purchase of Muller Boat Works.
Ayes: Councilmembers Zoller, Bealka, Thole and Mayor Kimble.
Nays: None.
NEW BUSINESS
1. Request for Reappointment of James O'Brien to Water Board
Council received a request from Jim McKnight, on behalf of the Board of Water
Commissioners, for the reappointment of James O'Brien as a member of the Board. Mr.
O'Brien was appointed on February 6, 1996, to fill the unexpired term of James Weaver,
and his term expires on June 30, 1997.
Clerk Weldon reported the City Charter requires vacancies on Board and Commissions
must be advertised in the City's official publication (Stillwater Gazette) a minimum of 30
days before a vacancy is filled. A notice of vacancy will be published and appointment to
fill the vacancy could then be made at the July 2 meeting.
Motion by Councilmember Bealka, seconded by Councilmember Thole directing publication of
Notice of Vacancy on Water Board and Human Rights Commission. All in favor.
2. Planning permit fee review
Community Development Director Russell reported the planning fee structure was last
updated in July of 1993. He recommended amending the fee structure and also
establishing an escrow account to cover staff time for project or development review.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-
125, setting amended fees for processing planning permit reviews and appeals of the City of
Stillwater.
Ayes: Councilmembers Zoller, Bealka, Thole and Mayor Kimble.
Nays: None.
3. Reconveyance of Outlot A, Highlands Sixth Addition.
7
City Council Meeting No. 97-13
May 20, 1997
City Attorney Magnuson reported a letter had been received from Ground Development,
Inc., explaining a parcel of land that was intended for the homeowner's of Highlands 6th
Addition had been mistakenly conveyed to the City. Magnuson recommended this parcel
be reconveyed to the Homeowners' Association in accordance with the restrictive
covenants and other promises made to the homeowners by Ground Development.
.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 97-
126, authorizing reconveyance of Outlot A, Highland's of Stillwater 6th Addition, to the
Highlands of Stillwater Homeowners Association.
Ayes: Councilmembers Zoller, Bealka, Thole and Mayor Kimble.
Nays: None.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
Frederick Francis requested information regarding his appeal of Planning Commission decision
for a special use permit for a hot dog stand.
Mayor Kimble explained that, due to public notice requirements, the appeal would not be heard
at this meeting but would be heard at the June 3 meeting.
COMMUNICA TIONSIREQUESTS
1. Pastor Lee Sather, Trinity Lutheran Church, and Arba-Della Beck, Family Service of St.
Croix - Request to extend special use permit for Food Shelf trailer.
City Coordinator Kriesel reported a request had been received to extend the special use permit
for the Food Shelf trailer located in the Trinity Lutheran Church parking lot for 1- 2 years.
The current permit expires June 1997.
Motion by Councilmember Thole, seconded by Councilmember Bealka referring request for
extension of special use permit for Food Shelf trailer to Planning Commission for review and
recommendation. All in favor.
.
COUNCIL REQUEST ITEMS
Councilmember Cummings noted Dave Palmer had requested a street sign at Rivercrest and also
expressed concern with ravine erosion.
STAFF REPORTS (continued)
City Attorney Magnuson updated Council on actions necessary to initiate a contested case to
open the railroad crossing at Mulberry Street. He recommended Dave McKenzie, SEH, be
authorized to describe the crossing and work up the request needed to go forward with a
contested case.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to
work with Dave McKenzie, SEH, to prepare necessary report for request to open railroad
crossing at Mulberry Street. All in favor.
el
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City Council Meeting No. 97-13
May 20, 1997
Motion by Councilmember Bealka, seconded by Councilmember Thole to adjourn to executive
session at 8:30 p.m. to discuss labor relations issue. All in favor.
Mayor
Attest:
Clerk
Resolution 97-116: Directing Payment of Bills
Resolution 97-117: Purchase of Engineering Dept vehicle
Resolution 97-118: Employment of Jennifer Collumbien as Senior Account Clerk
Resolution 97-119: Employment of seasonal part time laborers - Parks Dept.
Resolution 97-120: Employment oflifeguards - Lily Lake
Resolution 97-121: Authorizing purchase of one-ton truck for Streets Department.
Resolution 97-122: Approving agreement with Bonestroo, Rosene, Anderlik, & Associates, Inc.,
for consulting services related to additional ADAR grant proposals and studies, Job No. 9626.
Resolution 97-123: Approving Municipal Licenses with Marina Development Inc., dba
Stillwater Yacht Club; Mulberry Point Dock Association; and Stillwater River Inn, Inc., dba PD
Pappy's for the use ofland formerly leased to these entities.
Resolution 97-124: Rescinding Resolution 7491, Assuring Paul Sherber certain rights in a parcel
of land in his purchase of Muller Boat Works.
Resolution 97-125: Setting amended fees for processing planning permit reviews and appeals of
the City of Stillwater.
Resolution 97-126: Authorizing reconveyance of Outlot A, Highland's of Stillwater 6th
Addition, to the Highlands of Stillwater Homeowners Association.
9
1996 RESULTS
1996 was a year of change for Metro
East Development Partnership
(MEDP). It redefined its mission and took measures to
live up to that mission in its daily activities. A new
executive director took over the organization's reins,
and a study was conducted to establish MEDP's direc-
tion. This study, completed in August, revealed several
opportunities for improvement, such as reviewing and
refining basic goals and program components. These
suggestions are currently being implemented.
Relationships with the Saint Paul Area Chamber of
Commerce and the Capital City Partnership were clari-
fied and outlined to avoid duplication of effort. The
cooperative marketing and development agreement
with the Chamber, the Saint Paul Port Authority, and
the Saint Paul Department of Planning and Economic
Development was strengthened through regular meet-
ings and the establishment of guidelines to dissemi-
nate information between the partners.
GOALS AND ACTIVITIES FOR 1997
.. .
MISSION
In addition, MEDP is now represented on the
Board of Directors of the Saint PauVMetro East
Development Corporation. MEDP continues to work
with the Dakota County Partnership and the St. Paul
Progress Corporation.
To better market the area, MEDP published a new
demographic profile for the region. In addition, MEDP
produced a six-page, fold-out map along with new ads
and new program brochures. MEDP also entered the
technological age with its new Internet web page at
http:/www.medp.org. .
For the coming year, the Board directed MEDP to
strengthen its focus on business retention and attrac-
tion. As the 1996 scoreboard below illustrates, this
focus will build upon MEDP's strength.
Overview of New 1996
Marketing Brochures
Assistance with Site Location Decisions
FINANCIAL OVERVIEW
Preliminary Balance Sheet for Period Endinf!, December 31, 1996
ASSETS
CURRENT ASSETS
Cash
Membership Dues receivable
Other Receivable
Total Current Assets
The Metro East Development Partnership is a regional economic development organization whose mission is
to stimulate the growth and diversification of the economic base in Dakota, Ramsey and Washington counties.
The Partnership works in conjunction with over 100 public and private entities.
GOALS
Goal No.1: Expand the economic base of the
three county region
· Achieve capital investment of $60 million
· Increase the property tax base by $3.5 million
· Create or retain 3,000 quality jobs
Goal No.2: Utilize the region's financial and
business resources to assist business growth
· 75% of successful deals will be financed using the
region's financial resources
· 3 projects will be financed by SPMEDCO
· 1 project will be financed by St. Paul Progress
· 10 private sector members will have new clients
referred to them from MEDP
· Successfully complete 6 projects from the
entrepreneurial program
..
1997 MEETING SCHEDULE
The Site Location Assistance Program provides
businesses with an efficient, comprehensive method
to identify and evaluate sites and establish relation-
ships with the greater Saint PauVMetro East area
communities and its members.
bll~mationfur~m~sDeciswns
The Business Information Program provides
entrepreneurs and businesses with access to informa-
tion resources, supporting quality decision-making
essential to job growth.
The Small Busmess/Entrepreneurlal
Mentoring Program
Provides professional business advice to existing
small and new companies that show significant job
growth potential.
.
Monthly Meetings
Executive Committee
Second Thursday of every month
Small Business/Entrepreneurial Mentoring Committee
First Tuesday of every month
Committee Meetings
Second Thursday of the month
Marketing and Public Relations Committee
May, November
Membership Committee
March, June, September, December
ospect Committee
anuary, April, July, October
Goal No.3: Create an awareness that the region
is a profitable place to conduct business
· Respond to 300 requests for assistance from
businesses
· Achieve a business start ratio higher than the state
average
· Attain a regional unemployment rate lower than
the state average
· Attain regional wage rates higher than the state
average
OFFICE EQUIPMENT, at cost
Less Accumulated Depreciation
Total Office Equipment
TOTAL ASSETS
LIABILITIES AND FUND BALANCE
CURRENT LIABILITIES
Accounts Payable
Accrued Expenses
Deferred Program Revenue
Unearned Membership Dues
Total Current Liabilities
Goal No.4: Maintain a high level of satisfaction
with our stakeholders and clients
· Achieve an 80% good to excellent satisfaction
rating
· Maintain membership base and expand the
budget by 10%
FUND BALANCE 113,859 + (64,376)
TOTAL LIABILITIES AND FUND BALANCE
.
$ 64,620
4,275
o
68,895
69,112
(32,642)
36,470
$ 105,365
16,185
2,106
o
37,591
55,882
49,483
$ 105,365
Co-Chairs
Dick Hanson and Craig Waldron
1997 Preliminary Budget
REVENUE
Subscriptions
Interest
Program
In-Kind Contributions
TOTAL
$ 300,000
5,000
1,000
45,000
$ 351,000
Mary Fahey and Brian MacDonald
EXPENSES
Personnel
Operations
Administration
Programs
In-Kind
TOTAL
Co-Chairs
Kevin Frazell and John Jensvold
$ 198,160
61,500
14,000
32,000
45,000
$ 350,660
Anita S. Duckor and (open)
Lee Bennett and Jerry Larson
Note: In-kind contributions are:
St. Paul Pioneer Press
Advertising
St. Paul Chamber
Parking, furniture, phones and lines
Printing and Design
.
$25,000
$15,000
$5,000
.
1997 EXECUTIVE COMMITTEE AND BOARD OF DIRECTORS
.
EXECUTIVE COMMITTEE
Tanya Bell
Managing Director
CB COMMERCIAL
Lee Bennett
Vice President, Claims Division
THE ST. PAUL COMPANIES
Craig Bollum
Senior Vice President
FIRST BANKS
Will Branning
Commissioner
DAKOTA COUNTY
Norm Coleman
Mayor
CiTY OF SAINT PAUL
Patrick Donovan
Regional President
NORWEST BANKS
Anita S. Duckor
Director, Electric Delivery
Marketing, Community and
Economic Development
NORTIiERN STATES POWER CO.
Mary Fahey
Project Director
BLUECROSS BLUESHIELD
BLUEPLUS OF MN
eevin Frazell
ity Administrator
CiTY OF COTTAGE GROVE
Dick Hanson
Director, Community Affairs
Vice President, 3M
Foundation
3M
Bill Hargis
Mayor
CiTY OF WOODBURY
Jerry Larson
Vice President, Engineering
ANDERSEN CORPORATION
David J Piggott
Executive Director
METRO EAST DEVELOPMENT
PARTNERSHIP
.
Craig Waldron
City Administrator
CITY OF OAKDALE
Dennis Welsch
Community Development
Director
CITY OF ROSEVILLE
BOARD OF DIRECTORS
Tanya Bell
Managing Director
CB COMMERCIAL
Robert Benke
Mayor
CITY OF NEW BRIGHTON
Lee Bennett
Vice President, Claims Division
THE ST. PAUL COMPANIES
Craig Bollum
Senior Vice President
FIRST BANKS
Will Branning
Commissioner
DAKOTA COUNTY
Michael Bromelkamp
CPA
OLSEN, THIELEN AND
COMPANY, LID.
Tom Burt
City Administrator
CiTY OF ROSEMOUNT
Norm Coleman
Mayor
CiTY OF SAINT PAUL
Lou Collette
Interim President
SAINT PAUL AREA CHAMBER
OF COMMERCE
Guy de Lambert
Vice President
MINNESOTA MUTUAL LIFE
Ron Dodd
Vice President, Operations
STATE FARM
Patrick Donovan
Regional President
NOR WEST BANKS
Chuck Dorsey
President
SIGNAL BANK
Anita S. Duckor
Director, Electric Delivery
Marketing, Community and
Economic Development
NORTIiERN STATES POWER CO.
Tom Egan
Mayor
CITY OF EGAN
Mary Fahey
Project Director
BWECROSS BWESHIELD
BLUEPWS OF MN
Kevin Frazell
City Administrator
CITY OF COTTAGE GROVE
Dick Hanson
Director, Community Affairs
Vice President, 3M Foundation
3M
Bill Hargis
Mayor
CITY OF WOODBURY
Dennis Hegberg
Commissioner
WASHINGTON COUNTY
John Jensvold
Director of Marketing
KRAUS-ANDERSON
CONSTRUCTION CO.
Ken Johnson
President
ST. PAUL PORT AurnoRITY
Jay Kimble
Mayor
CiTY OF STILLWATER
Jerry Larson
Vice President, Engineering
ANDERSEN CORPORATION
Kent Larson
Director of Sales
NORTIiERN STATES POWER CO.
Mike Marinovich
Executive Associate
KOLL
METRO EAST DEVELOPMENT PARTNERSHIP
1997 MEMBERSHIP LISTING
Richard Nowlin
Partner
DOHERTY RUMBLE AND BUI'LER
. Iii
LOCAL GOVERMENT/ St. Paul/Metro East McGladrey & Pullen TCF Bank FSB
CHAMBERS/DEVELOPMENT Development Corp. 3M Western Bank
CORPORATIONS
City of Vadnais Heights Minnesota Mutual Life
City of Apple Valley Washington County REAL ESTATE! CONSTRUCTION/
City of Arden Hills Northern States Power CO. DEVELOPMENT
City of West Saint Paul
City of Cottage Grove Olsen, Thielen & Adolfson & Peterson, Ine.
White Bear Township Company, Ltd. Airlake Industrial Park
Dakota County HRA City of Woodbury Oppenheimer, Wolff &
Dakota County Partnership Donnelly Bor-Son Companies
City of Eagan CORPORATE/SMALL BUSINESS Progressive Rail CB Commercial
Advanced Resources for Real Estate Group
City of Hastings The Saint Paul
Development, Ine. Companies, Inc. Commercial Real Estate
City of Lake Elmo Services, Inc.
Andersen Corporation Saint Paul Pioneer Press
City of Lakeville Ashland Oil, Ine. Corporate Real Estate, Inc.
State Farm Insurance
City of Mahtomedi AT&T Capital Corporation Eberhardt Commercial
The Stroh Brewery Company Real Estate
City of Maplewood Bonestroo Rosene Anderlick
City of Mounds View & Associates Tautges, Redpath & Co., Ltd. Edina Realty, Inc.
City of New Brighton Briggs & Morgan Tushie Montgomery & Gilbert Construction
Associates, Inc.
City of North Saint Paul Camas America/Shiely Griffin Companies
US West Communications
City of Oakdale Company Kellison Company
Wilkerson, Guthmann +
Progress Plus/Cities of Dakota Electric Association Johnson Koll
South Saint Paul and Deluxe Corporation Kraus-Anderson
Inver Grove Heights District Energy St. Paul FINANCE Construction Company
Ramsey County Doherty, Rumble & Butler Eastern Heights Bank McGough Construction
Company, Inc.
City of Rosemount Economic Development First Bank N.A. .
City of Roseville Services Firstar Bank Oakdale Crossing
City of Saint Paul Ernest & Young Heritage National Bank Opus Corporation
The Saint Paul Area Chamber Fortis Liberty State Bank Ryan Construction of
of Commerce Minnesota, Ine.
H.B. Fuller Company MidAmerica Bank Towle Real Estate
Saint Paul Port Authority KPMG Peat MalWick LLP Midway National Bank
City of Shoreview United Properties
Land O'Lakes, Ine. NOlWest Banks Wellington
City of Stillwater Lethert, Skwira, Schultz and Premier Bank Management, Inc.
Stillwater Area Company Signal Bank Welsh Companies
Economic Development
John Olinger
City Administrator
CITY OF MAHTOMEDI
David J. Piggott
Executive Director
METRO EAST DEVELOPMENT
PARTNERSHIP
John Ray
Senior Vice President
H.B. FULLER
Victoria Reinhardt
Commissioner
RAMSEY COUNTY
Peter Ridder
President/Publisher
THE SAINT PAUL PIONEER PRESS
Bill Short
Town Clerk
WHITE BEAR TOWNSHIP
Craig Waldron
City Administrator
CITY OF OAKDALE
Dennis Welsch
Community Development
Director
CiTY OF ROSEVILLE
Mike Werner
Mayor
CITY OF HAsTINGS
Ed Wollerman
Vice President
PREMIER BANK
Kristin Wood
Executive Director
ST. PAUL/METRO EAST
DEVELOPMENT CORP.
EXECUTIVE DIRECTOR
David J Piggott
MANAGER, BUSINESS
DEVELOPMENT
Deborah J Barkley
~
OFFICE MANAGER
Roberta C. Jones-Doering
METRO EAST DEVELOPMENT PAR1NERSHIP
First National Bank Building
332 Minnesota Street, Suite N-205
Saint Paul, MN 55101
Fax: (612) 223-5484 Web Site: www.medp.org Email: meteast@medp.org
.
Phone: (612) 224-3278
,\ I! I 1< /) Ii" I
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td q~
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C([OI members
committed to
strengthening the
economy of the
greater Saint Paul
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 97-127
Amdahl, Chris Service Call
American Flagpole Flagpole
American Pump Co. Pumps/Hose
~nkeny Kell Architects Design Service
~dahl, Ron Flag
B&B Office Furniture Furniture Rental
Beachler Enterprises Keys to the City
Burmaster, Russell Janitorial Services
COP Staples
Campbell, Craig Library Sculpture Exhibit
Capitol Communications Repair Radio
Carrot Top Industries Flag
Century College Crabapple Trees
Charlsen Trucking Service Moving Services
City of Hopkins Meeting Registration
Clarey's Pike Pole
Conati, John Meal
Consolidated Plastics Bottles
Copy Cat Graphics
The Courier Council Proceedings
Desch, Mark and Gloria Parking Lease/Main1.
Ecolab Pest Removal
Eddy Brothers Valve Assembly
Emergency Apparatus Repairs
Equipment Supply Service Call
Express Photo Photo Processing
First Quality Fence Replace Backstop
Fox Valley Systems Field Marking Paint
Gopher State One Call March Calls
Graphix Shoppe Graphics
_anson, Eric Animal Trapping
eritage Printing Building Permit Forms
i-Tech Signs Banner
Human Services Psychological Exams
I.C.B.O. Building Codes
Images of the Past Camera
Jacobson, Cindy Mileage/Parking
Johnson, Ron Copy Paper
Justice Planning and Mgm1. Class Registration
Lake Country Chapter Seminar
Lametti & Sons Industrial Marine Yacht Club Dredging
LMC Insurance Trust Municipal Insurance
Legislative Associates Consultant Services
MCFOA Membership Fee
Maids of S1. Croix Cleaning Services
Magnuson, David Legal Services
Maple Island Hardware Hardware
.etro Athletic Supply BaseslTennis Nets
etropolitan Council Lily Lake Monitoring
MinnComm Paging Service
MN APA Registrations
Minn. Pollution Control License
20.00
372.75
27,210.04
1,478.75
36.95
448.00
100.00
250.00
59.02
486.00
124.39
143.50
150.00
100.00
17.00
45.00
6.00
153.13
53.10
51.50
979.65
219.36
42.73
466.91
29.66
50.97
1,525.00
163.25
20.00
401.13
105.00
1,281.33
191.70
300.00
159.85
261.51
51.80
25.55
275.00
70.00
60,883.80
50.00
7,575.00
30.00
977.67
8,630.33
11.56
1,120.11
860.00
36.74
39.00
23.00
MN City/County Managers Assoc.
Mobile Vision
Motorola
National Fire Protection Assoc.
Onset Computer
On-Site Sanitation
Over E-Z Dive Center
Pointe Business Printing
Service Environmental
Sprint
St. Croix Office Supply
Stefan/Larson Associates
Stillwater Area Chamber
Stillwater Equipment Company
Stillwater Motor Company
Thompson Publishing Group
Strategic Mortgage Services
Tomahawk Live Trap Co.
Treadway Graphics
Viking Industrial Center
Viking Office Products
Visionary Systems
Warning Lites
Washington Co. I.S.
Winter, Gary and Paula
Wipers and Wipes
Wybrite
Yocum Oil
Zoller, Terry
MANUALS - MAY 1997
Blue Cross/Blue Sheild Premiums
MN American Planning Associatio Workshop Registration
MN Department of Revenue Sales/Use Tax
Pitney-Bowes Postage
Washington County Vehicle Titles
ADDENDUM
AT&T
AT&T Wireless
NSP
U.S. West
Membership
Mobile Video Cameras
Maintenance Contract
Fire Education Books
Software
Unit Rental/Service
Dive Equipment
Forms
Olive Street Dump
Long Distance
Office Supplies
Tax Base Revit. Grant
Dinner Meeting
Lights/Siren
Jeep Cherokee
Employers Handbook
Credit Reports
Animal Control Pole
D.A.R.E. Items
Replace Sensor
Office Supplies
Software Support
Signs
Parcel Listing
Grading Deposit Refund
Towels
Maintenance
Heating Oil
Taxis/Meals
Phones/Long Distance
Cellular Phones
Gas/Electric
Phones/Long Distance
Total Due:
Approved by the City Council this 3rd Day of June, 1997.
APPROVED FOR PAYMENT
60.77
20,804.90
204.52
1 00.15
589.67
596.85
632.88
426.90
897.50
6.28
97.82
98,140.15
60.00
983.53
22,010.37
237.00
40.00
81.21
132.89
149.10
757.80
149.00
689.98
227.15
1,500.00
76.15
14.25
173.69
98.26
.
19,650.91
25.00
353.00
3,000.00
48.00
.
52.80
158.04
6,355.37
1.460.08
299.204.71
.
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DONALD L. BE BERG
CHIEF OF POLICE
TIMOTHY J. BELL
CAPTAIN
THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
M E M 0 RAN DUM
TO:
MAYOR KIMBLE AND CITY COUNCIL
FROM:
D.L. BEBERG, CHIEF OF POLICE
DATE:
JUNE 2, 1997
RE:
BUDGETED DEPARTMENT PURCHASE
--------------------------------------------------------------------
WE WERE GIVEN PERMISSION IN THE 1997 BUDGET TO PURCHASE 2 COMPUTER
WORK STATIONS AND PRINTERS, WITH THE COST NOT TO EXCEED $2,500.00. I
AM ASKING PERMISSION TO ORDER THESE UNITS AS THE OFFICERS WILL NEED
THE TWO EXTRA WORK STATIONS WHEN THE DEPARTMENT MOVES INTO THE
REMODELED SQUAD ROOM.
97-25
212 North 4th Street · Stillwater, Minnesota 55082
Business Phone: (612) 351-4900 · Fax: (612) 351-4940
Police Response/Assistance: 911
RESOLUTION NO. 97-129
APPROVING FULL-TIME EMPLOYMENT OF
ROSE MARY HOLMAN AS SECRETARY
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the full-
time employment of Rose Mary Holman as Secretary, from and after June 18, 1997, for a
probationary period of six months, is hereby approved; and that as compensation for services
the said Rose Mary Holman shall receive wages and benefits as specified in the agreement
between the City of Stillwater and AFSCME Local 517, Council 14.
Adopted by the Council this 3rd day of June, 1997.
Jay Kimble, Mayor
Attest:
Morli Weldon, City Clerk
NOTE TO COUNCIL:
This position was previously held by Diane Ward. Diane will now be the secretary for the
Engineering Department.
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Minnesota Department of Public Safety
LIQUOR CONTROL DIVISION
444 Cedar St./Suite 100L
St. Paul, MN 55101-2156
(612)296-6439 TOD (612)282-6555
e
APPLICA nON AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
(Organization or location limited to 3 permits in a 12 month period)
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION
DATE ORGANIZED
STREET AD RESS
407 South Fifth Street
NAME OF PERSON MAKING APPLICATION
Deacon Ron Goetz
DATES LIQUOR Wll.,L BE SOLD (1 to 4 days)
9-7-97
ORGANIZATION OFFICER'S NAME
MaRY Kratz Trustee
ORGANIZATION OFFICER'S NAME
CITY
Stillwater
BUSINESS PHONE
61 439-1270
TYPE OF ORGANIZATION
o CLUB 0 CHARITABLE)([XRELIGIOUS o OTHER NONPROFIT
ADDRESS
Stillwater
ADDRESS
ORGANIZATION OFFICER'S NAME ADDRESS
Deacon Ron Goetz Administrator Stillwater
Location where . cense will be used. If an outdoor area, describe
Church Parking Lot - 407 S. 5th St. Stillwater
Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor license providing the service.
No
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(NOTE: Insurance is not mandatory) ye s
APPROVAL
APPUCATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITfING TO UQUOR CONTROL
CITY/COUNTY
DATE APPROVED
CITY FEE AMOUNT
LICENSE DATES
DATE FEE PAID
GNA TURE CITY CLERK OR COUNTY OFFICIAL
APPROVED LIQUOR CONTROL DIRECTOR
TE: Do not separate these two parts, send both parts to the address above and the original signed by this dh:ision
will be returned as the license. Submit to the City or County at least 30 days before the event.
PS-09079(8/95)
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Ie
Memorandum
To:
Mayor and Council
From: Alan Zepper ~
Cindy Shilts -Q.M
Date: June 3, 1997
Re: Computer Networking for Building Department
Background
City staffhave been working on the planning process for the installation of a City Hall local area
network (LAN) that will address the increasing need to share information between the Building,
Planning, Engineering, Finance, and Administration departments. It is our understanding that the
current schedule anticipates a LAN in place by the end of August of this year. However, the
Building department currently has a pressing need for some kind of connectivity between our
three computers prior to the anticipated City Hall networking date.
Since January of this year, the Building department has invested $10,000 in a permit and
inspections software package designed by the Tautges and Redpath firm, which will eventually
be tied into a Geographic Information System (GIS). The software is designed to automate and
improve the efficiency of the permitting process, and, more importantly, act as a centralized
database for all permitting information and other relevant parcel data. Unfortunately, without a
LAN in place, the database can currently be accessed only through the Inspector's computer; our
system cannot be brought "on-line" until all three staff members have access through their own
computers.
However, since the cabling is already installed in the building, Imagineering, our LAN
consulting firm, can put together a temporary, limited network that will connect the computers in
the Building Department, and allow us to take advantage of the significant investment we have
made in the Perm it Works software. The cost for the equipment and installation of this "mini"
network is as follows:
Three network cards
$477
$ 72
$417
$190
rNQ (approx)
Network hub
Print server
Two Win95 upgrades
Labor and travel time
Total
$1,856
All of the equipment and software purchases can be recycled into the permanent network.
Building Department also has monies available in the Capital Outlay budget to cover
Imagineering's labor costs.
Recommendation
Council approval of the installation of a temporary computer network, limited to the three
personal computers in the Building Department which require access to the PermitWorks
software.
The
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A.ATION FOR TAXI CAB LICENSE
.
." .'. ", '., ,.;,1 "I;~.., ':
NAME OF APPLICANT
r,J(rz:te'lda It ~
,4' At ~d / 1.t"YtJ. /, i J1(
COMPANY NAME
I}SIJtl1 /"1t:UA9/ !;PAU7ce-t;,
967 6re~'wCUj lJl/e tV #. ~ol r Da/cohL M,.j 6512.tf'
6""76"- 6772-
/1/,/3/11
ADDRESS
TELEPHONE NUfvtBER
DATE
MAKE MODEL STYLE YEAR VIN NO. LICENSE SEATING LoeA TION FEE CBRT. POLICE POLlCE
NO. CAP ACITY VEHICLE . PAlD OF VEHICLE BACK-
STORED $15.001 INS. IN SPEC. GROUND
CAD , CHECK
])odlJlt. Inhe-oid ~ _ J_. q.Pj '-I 5/d'J/7 v 5/ .d3/ tJ~ DK-
I
LNEW
~RENEWAL
TRANSFER.
SrGNATUR~S ;~
ADDRESS
j:- Z 2 -9.7-
Dt- # 11 5.50- o2JI-; '?:;-7-- 766
Memorandum
. To: Mayor and Council
From: Marcy Cordes
Date: May 30, 1997
Re: V oice Mail Installation
Background
City staffhas been working with Barb White and Washington County Information Services to
establish City access to the County's voice mail system. I believe that in past Council
presentations, Barb White has pointed out that City purchase of a portion of the County's voice
mail capability will result in substantial savings over the cost of installing our own independently
operated system. Attached is a cooperative agreement negotiated between the City and the
County which lays out the terms and monthly costs of networking with the County's voice mail
system. In addition, there are a few initial set-up charges that will be incurred from Vicom, our
telephone vendor, and from U.S. West. Monthly County charges and additional installation costs
are summarized below.
Included in these costs is the purchase and installation of a T -1 line between the County and the
City which will be used to carry computer data information, and will be needed by staff to
establish connectivity to the County's AS400 system and GIS data once our local area network is
installed. By including the data T -1 line with the T -1 needed for voice mail capability, the City
will save approximately $1,000 in future installation costs.
.
The following represents an outline of all expected charges for the installation and use of
Washington County voice mail services:
Monthly charges
$100 Service, programming, and training (County)
$200 V oicemail boxes, approx. (County)
$219 T-l1ine use (U.S. West)
$519 Total anticipated monthly charges
.
(Note: The Police Department is currently paying $150 per month for access to County Sheriffs
information systems via a 56K line. With the installation of the above referenced voice capable
T-lline, the Police Department's expenditure for the 56K line can be eliminated.)
Installation charges
$1 ,000
purchase and installation ofT-1 voice switch card (Vicom)
$1,200
installation of voice T-lline connection to County voice mail system (U.S. West)
$2.825
installation of T -1 line for data integration (Vicom)
$5,025
Total
Recommendation
Council direction to proceed with the voice mail installation process, including the retention of
Vicom and U.S. West to provide data/voice line connectivity to Washington County, and
approval of the attached service and maintenance agreement with Washington County for voice
mail services.
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COOPBRAT:IVB AGRBBIIEII'.r
CITY OF STILLWATER
AND
WASHINGTON COUNTY
This agreement is entered into June 2, 1997, and will
December 31, 2002, by and between the City of
(hereinafter "City") which is the receiving agency and
County (hereinafter "County") the sending agency.
go through
stillwater
Washington
WHEREAS, both the County and city through this cooperative
agreement can save money by sharing resources; and
WHEREAS, the County has adequate voice network, voice mail space
available to accommodate the city needs requirements, can add
the city to its existing service/maintenance contract. The
county will charge a usage charge to be held aside for future
equipment, software, technology upgrades; and
WHEREAS, the City has purchased new telephone system which can be
networked with county equipment for voice mail services,
service maintenance services, and call overflow & long
distance services, at a cost savings to the City;
WHEREAS, this agreement is entered into in the interest of
cooperation and cost containment between the County and city;
NOW THEREFORE, the parties agree as follows:
I. The County will provide the following services to the City:
1. The County will provide the slot for one T-l card on its
2400 DXH telephone switch;
2.
The County is responsible to purchase a NEC 24 CCTA T-l
Card for $4,875.00 and one MUX/FlexComm 7500 STI-Tl for
$2,825.00 for connectivity between the two telephone
switches;
3.
The County will schedule telecommunications service
/maintenance for the City on the County's normal service
days, when that fits the City needs.
a. The City will pay to the County $32.50 (one half of
vendor trip charge) upon submission to the City of
an invoice when the City takes advantage of joint
maintenance scheduling.
b. If the City utilizes the service on days other than
the County's normal service days, the City shall
pay directly to Vicom for the service/maintenance
it requests. Normal Service days are Tuesday and
Thursday each week unless changes are scheduled in
advance.
4. The City will pay to the County $100.00 per month for
order processing for the contract period at the signing
of this agreement upon submission to the City of an
invoice.
5. The County will be responsible for maintaining
connectivity to the City through the contract period.
If/when there are connectivity problems that affect the
City the County will care for problems in a timely basis,
but will not be held liable for any loss of service to
the City.
II. In order to receive the services under this Agreement, the
City shall:
1.
Purchase of an NEC 24 DTA T-1 switch Card and a FlexComm
7500 ST1-T1/MUX from vicom, which Vicom will install on
the City NEC 2000 telephone switch. The City will pay to
the vendor (Vicom) for the card, MUX, and installation
upon submission to the city of an invoice. .
2. The City will be responsible for the payments of both the
USWest T-1 installation and monthly charges for the
connection between the City and County. The City will
pay to USWest for services after installation and monthly
thereafter upon submission to the City of an invoice;
3. The City will be responsible to pay the County $100.00
per month for service order processing, voice mail system
administration, and initial voice mail set up,
programming, and maintenance. The City will pay to the
County $100.00 per month for service order processing
upon submission to the city of an annual invoice.
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I.
4.
Because vicom Incorporated ~aintains the Washington
county CCIS network, the city agrees to contract with
Vicom Incorporated for telecommunications maintenance
within the Washington County CCIS network. Washington
county has a contract with an NEC vendor with certified
NEC trained technicians. Except for the trip charge
referenced in 3.a. above, the city shall be responsible
to pay vicom directly for telecommunications maintenance
service it uses.
5. The Cost to the City for the Services provided by the
county under this agreement shall be:
a. Standard Mail Box $ 5.00/Month
b. Standard Mail Box w/FWD $ 7.00/Month
c. Expanded Mail Box $ 10.00/Month
d. Information Only Mail Box $ 5.00/Month
e. Treed Mail Box $ 10.00/Month
Tree Trailer Mail Boxes $ 3.00/Each/Month
The city will be invoiced by and make payments to the
County on an annual basis for voice mail service at the
beginning of each year. Mailboxes added or deleted will
be prorated for that time period at the year closing.
6. This contract may be amended by written agreement of both
parties from time to time for future service.
7. Either party may terminate this agreement with 60 days
written notice by either party.
8.
The parties agree that washington County is not an agent
of Vicom and that Washington County shall not be
responsible for any acts or omissions of Vicom.
Washington County
City of stillwater
By:
By:
Myra Peterson, Chair
Board of commissioners
Jay Kimble, Mayor
By:
Jim Schug,
County Administrator
Approved as to Form:
By:
For Richard Arney,
County Attorney
STAFF REQUEST ITEM
.DEPART1vlENT Parks
DESCRIPTION OF REQUEST (Brieny outline \vhat the request is)
NtEETINGDATE June 3 1997
Request to purchas~ weed whips and push mowers
FINANCIAL I1vrP ACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
- :::'"-
Budgeted for under C/O Machinery for 1997
.
ADDITIONAL INFORMATION A IT ACHED
YES
NO~/
ALL COUNCIl. REQUEST ITEMS MUST BE SUBMITIED TO THE CITY CLERK A
MIN1MUlv1 OF FIVE WORKING DAYS PRIOR TO TIIE NEXT REGULARL Y SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN TI-IE COUNCIL MATERIAL PACKET.
SUBMITIED BY ~.. ~.-~- DATE ~h~/<?/7
.
STAFF REQUEST ITEM
DEP ARTNfENT Parks
NfEETING DATE June 3-1997
.
DESCRIPTION OF REQUEST (Briefly outline what the request is)
On June 21st-22nd-and 23rd Kurt Zaspel with the Cat Ballou's
Ball Team are requesting to have a ball tournament at Lily
Lake and to sell 3.2% beer for there fund raiser.
FINANCIAL 11v1P ACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
----
This Team has had ball tournament at Lily in the past and
they will be paying the $150.00 tournament fee.
.
ADDITIONAL INFORMATION A IT ACHED
YES
NO~
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO THE CITY CLERK A
MWllv1UlV1 OF FIVE WORKil'TG DAYS PRIOR TO THE NEXT REGULARL Y SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL Ml..TERIAL PACKET.
SUBMITIED BY ,.::z::;?? _~.;C~~----- DATE) - :2;; - ~~7
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MEMO
May 30, 1997
TO:
Mayor and City Council
FROM:
Klayton H. Eckles
City Engineer /~e--
SUBJECT:
Approval of Temporary Seasonal Labors
DISCUSSION:
The 1997 budget includes an items for seasonal labor for the Public Works Department. After
reviewing the applications received, staff is recommending that Council approve the hiring of Michael
Slusher and Charles Ratledge at a starting salary of $8.00 per hour as temporary seasonal laborers.
RECOMMENDATION:
Staff recommends that Council approve the hiring of Michael Slusher and Charles Ratledge
as temporary seasonal laborers at an hourly rate of$8.00 per hour.
ACTION REQUIRED:
If Council concurs, they should pass a motion adopting Resolution No. 97- , APPROVING
THE EMPLOYMENT OF MICHAEL SLUSHER AND CHARLES RATLEDGE AS
TEMPORARY SEASONAL LABORERS FOR THE PUBLIC WORKS DEPARTMENT.
KHE:dfw
LG220
(AMI. .u:<IIX3)
Minnesota Lawful GambUng
Application for Authorization for
Exemption from Lawful Gambling License
FOR BOARD USE ONLY
FEE CHK
INIT DATE
Fill in the unshaded portions of this application for exemption and
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Organlzallon Name Currenllprevious license number Currenllprevious exe~t nulTber
CHURCH OF ST. MICHAEL llX-82027~95-002
218 E. Willard St.CIty Stillwater g}fe ~code 55082
Street
County .
Wash1.ngton
Chief executive OUIcer Daytime Ph~ ftu~ Treasurer
M1.cnael C. Skluzacek ( ) \:liZ-4j9-4400
'iiIP~p.1I1!e~~.Pr.fJ~~~9#~~9#...." "",....
Daytime Phone NulTber
( )
Check the box below which indicates your type of organization
o Fraternal
o Veterans
:l{] Religious
o Other non-prolit
GamolbijiSite).:;:....;.
Name at sle where adMty will take place PARISH CENTER AND
218 E. Willard St., Stillwater, MM. 55082
Street City.. - eo -.. - eo - .. - -Township
Check the box that indicates your proof of nonprofit
status and attach a copy of the proof to the application.
o IRS designation
o Certification of good standing from the Minnesota
Secretary of State's office
o Affiliate of pal'8nt nonprofit organization (charter)
.....:...;...>:.;;:;:;:::;:::::::::;:-:::;:::;:;;;:;::::-::;:::;:;:::;:;:::::::::.;.:;;;:.:.:-:............
. ..................
SCHOOL BLDG.
State ~ code
UN
Dale(s) of actlvlty (for ralfles. indicate the date of the drawing)
TYPes~:r~~~1;;]y.?2<i((Z........,...,.....,....,'.,.".."",',',.,'"
Game(s) """'..................~~.~i!........................................
Bingo 0
Raffles gj
Paddlewheels fiG
Ti boards 0
Pull-tabs 0
I declare all information submitted to the
Gambling Control Board is true, accurate,
and complete.
..~tfW19%!~9~H..""",. ,
~~f'~t~..F~~{~rtliltX,..
.
...........--.,.-..............-........,"....'..,.'.....-............-..,--.-.-_. ......','.......,..
. ,..-. .,.........,. .... .....-.... -.., , . ,.
':-;"':-:'';''';':-:-:-:':-:-:-:::''''-:-:':'';':-:-:---:'.-:-:':':-:::-::-:::-:.-;.....:...;..-:.
. .............-."'...... ....... "'"
..-..........-- ............,,-. --.. .....
-.... ....-. .. ..-- .......'"
... ........... ". ..- -,-...- - .....
.... '.....--...-..... ,.
...,... .... .-- .....
.-.. .. ..........
Michael C. Skluzacek
.~ili.~ij:;;io~;.&6~ent.AC1cnowiedgmeiii......<,...,....,~I.' ExeCUtlveOmcer's'Slgriatur. ,,'..,
I have received a copy at this application. This appllcallon wi. be reviewed by the Gambling Control Board and will become etledlve 30 days Irom the date 01
receipt by the eM}' or county. unless the local unll 01 goverrvnent passes a resolution to spedflcaJ/y prohlba the adlvtty. A copy 01 that resolution must be received
by the GambUng Control Board wahln 30 days 01 the date IIRed In below. Cales 01 the first dass have 60 days In which to disallow the adlvtty.
C or COUnty Township Township is
City coun!y name T ownshlp name 0 . ed
. organlz
o unorganized*
o unincorporated*
* Attach letter
5-27-97
Signature 01 person receiving appllcallon
TRle
Date Received
51 3t>
This f will be made available
in alter ative format (Le. large
print. braille) upon request.
9
Mail with $25 permit fee and copy of
proof of nonprofit status to:
Gambling Control Board
1711 W. County Rd. B, Suite 300 S.
Roseville, MN 55113
White - Original .
Yellow - Board returns to
organization to complete
shaded areas
.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council ~
Diane Deblon, Finance Director ~ ~
May 30, 1997
Utility Bill Adjustments
Description Recommendation
1. Leaky outside faucet fixed in Reduce April 1997 & future to prior
January. 2 year average of20/gallon per quarter.
2. Leaky kitchen faucet and Reduce July 1997 & future to prior
bathroom toilet that were fixed 2 year average of 12/gallon per quarter.
in March.
... Leaky toilet fixed in February. Reduce July 1997 & future to prior
:J.
2 year average of 12/gallon per quarter.
4. Leaky faucet fixed in April. Reduce July 1997 & future to prior
2 year average of 18/ gallon per quarter.
. 5. Leaky water pipes repaired Reduce July 1997 & future to prior
January and March. 3 year average of 48/gallon per quarter.
6. Furnace fixed in March. Reduce July 1997 & future to prior
2 year average of ll/gallon per quarter.
7. Water used for ice rink. Reduce April 1997 & future to prior
2 year average of 26/gallon per quarter.
8. Leaky toilet fixed in March. Reduce July 1997 & future to prior
2 year average of 24/gallon per quarter.
9. Leaky toilet fixed in March. Reduce July 1997 & future to prior
2 year average of 17/gallon per quarter.
.
.MO
FROM: DIANE DEBLON, FINANCE
DIRECTOR IJA
TO: MAYOR & CITY COUNCIL
DATE: MAY 28, 1997
SUBJECT: Local Performance Aid
The city of Stillwater is scheduled to receive $17,645 in 1997 for "Local
Performance Aid" from the State of MN. The monies are available because
the city has agreed to develop and report on performance measures on a
yearly basis. In order to continue to receive the aid monies, the city
must send in a certification stating that we are in the process of
developing performance measures.
Staff recommends the council sign the certification regarding the
development of performance measures.
.
.
Fone- CI
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Certification of Local Performance Measures
for Local Performance Aid Payable in 1998
.
Complete and return to: Minnesota Department of Revenue. Property Tax Division. Mail5taUon 3340.51. Paul, Minnesota 55146-3340 Phone: (612)296-5141
Name and mailing address of governmental unit Name of person filling out form
City of Stillwater Diane Deblon
T4~~~0~~51
216 North 4th St.
Stillwatert MN
55082
CQunty of loc;ltion
WaSnl ngton
1. Does your city have a system of performance measures for services provided by the city,
and are these measures regularly compiled and presented to the city council at least
once each year?
NO
x
YES
2. If the answer to question 1 above is no, is your city in the process of developing and
implementing a system of performance muasures?
YES
x
NO
This form must be returned to the Minnesota Department of Revenue, Property Tax Division, by June 30, 1997 in order for your city to be
eligible to receive Local Performance Aid payable In 1998.
tliW.~We do hereby certify that, to the best of our knowledge and belief, the facts presented In this certification are true and correct.
::1r.~~1 Signature 01 Mayor
Signature of City Council Member
Date
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MEMORANDUM
TO:
Mayor and Council
FROM:
City Coordinator
SUBJECT:
Purchase of PBT
DATE:
May 30, 1997
Discussion:
At a recent Police Chiefs conference Chief Beberg was able to acquire a Preliminary Breath Tester
(PBT) for $100~00. The PBT is valued at $585.00 (see attached purchase order used to purchase 2
PBT's @ $585.00 each). Chief Beberg is willing to sell the PBT to the City at his cost (i.e.,
$100.00). I have discussed this with the City Attorney and he says there shouldn't be any problems
with the purchase.
Recommendation:
Purchase PBT from Chief Beberg at a cost of $100.00 (this item is on the Consent Agenda).
1A
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Dept.
"^j PURCHASE ORDER
CITY OF STILLWATER
POLICE and FRIENDS OF POLICE
216 N. FOURTH STREET
STILLWATER, MINN. 55082
ORDER NO 16099
BATCH NUMBER
VENDOR #
INVOICE #
.
ORDERED BY BEBERG
DATE 050797
FUND
ACCOUNT See Below
19_
INTOXIMETERS
QUANTITY DESCRIPTION UNIT AMOUNT
PRICE
IMPORTANT
Orders are not valid unless rendered on 2 Aleo-Senso1l IV "PBT Units" $585.0 $1,170.0
this form and property signed.
500 Mouth pieces for above $ 100.0
Sales TS:l\ $ 82.5
Place this order number on your claim. $1,352.5
4060-53.00 $900.00 (Police)
PLEASE INCLUDE SALES TAX 4205-53.00 $452.55 ("Friends')
Shippin3 included
o
o
5
5
SIGNED
1\
,P\
. ,i\)
!/
MAIL INVOICE TO
(Dept. Listed Above)
216 N. Fourth Street
Stillwater, Minn 55082
612-439-6121
I
I
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TITLE Fin.qnce I); rpr ~nr
--------:--- ..~_.~-.=-:::..:::::..-
----~-_.,.
BOOKKEEPING
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MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director f.--
DA: May 30, 1997
RE: APPEAL OF PLANNING COMMISSION DECISION APPLICATION
SUP/DR/97-23
The Planning Commission reviewed the request at their meeting of May 12, 1997. Attached to
the report is the letter of appeal, staff report and minutes from the meeting. The Planning
Commission action was a denial on a 3-2 vote.
Recommendation: Decision on request.
Attachments: Letter of appeal, staff report Case No. SUP/DR/97-23 and minutes ofCPC 5-12-
97.
<'
,
PLANNING REVIEW
CASE NO. SUP/DRl97 -23
Planning Commission Date: May 12,1997
.ject Location: 213 North Main Street
Comprehensive Plan District: Central Business District
Zoning District: CBD
Applicants Name: Fred Francis
Type of Application: Special use permit/design review
Project Description: Special use permit for a hot dog stand.
Discussion: The Special use permit request is to sell hot dogs, chips and pop on the veranda behind
Thumbelina's Gift Shop facing Water Street. The applicant intends to purchase a New York Style Hot Dog
stand which is basically a small (2 ft x 3 ft) dark green cart with a dark green umbrella. A light will be hung
in the inside of the umbrella. The cart has an electrical outlet. Signage would consist of a small menu
board. Hours of operation will be from 10 am to 1 :30 am. The cart will be moved onto a trailer and off site
every night.
Conditions of Approval:
1. The building official shall inspect all electrical connections on site.
2. This application shall be reviewed on a regular basis.
3. The applicant shall locate a trash receptacle (reviewed by staff) on site.
4. The site shall be kept in a clean and neat appearance.
5. The special use permit shall be reviewed by the Planning Commission if complaints about the
business are received.
. No additional signage.
~commendation: Approval as conditioned.
Findings: In approving a special use permit or conditional use permit, it shall be determined by the
Planning Commission that:
1. The proposed structure or use conforms to the requirements and the intent of this title, and of the
Comprehensive Plan, relevant area plans, and the riverway regulations where approptiate.
2. That any additional conditions necessary for the public interest have been imposed; and
3. That the use or structure will not constitute a nuisance or be detrimental to the public welfare of the
community.
Attachments: Application Form
.C Meeting: May 5.1997. +6-0 approval
~c Meeting: May 12, 1997,3-2 denial
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May 13, 1997.
City of Stillwater
Mayor and council members, my name is Frederick Francis. I am writing this
letter as part of the appeal process. On April 25th I paid $170.00 for a
special use permit for a new York style hot dog stand. This stand will be
located on the veranda behind Thumbelina's gift shop.(PRIVATE
PROPERTY).
I have complied with all of the city planning commission stipulations
concerning this business. On May 12, the planning commission voted down
my use permit, 3 opposed vs. 2 for the project. My appeal is based on two
concerns.
1) The city planning commission was swayed to look at this hot dog stand in
a negative way. The owner of Coney Island was opposed to the idea of a hot
dog stand. He stated that if the board let me have the special use permit the
city would become a "circus". This in itself is not true. I seriously believe that
this will not happen. The special use permit process alone will discourage
most people. I did not get the chance to mention to this gentleman that the
cart is on private property.
2) The board did not take into consideration the conditions of approval. I
have included these in the planning review letter. These conditions are
placed on me, the owner, in order to insure the community, that the stand
will be operated in a manner that is not detrimental to the public welfare. One
of the board members was making up some scenarios that their would be
drunk people" hanging out to all hours of the night". If he would have taken
the conditions of approval into account he would have realized that would
put my permit at risk, and his decision may have been different.
I n conclusion, I am a recent college graduate from Mankato State. My goals
are much higher than a hot dog stand, I will use the revenue from the stand
to finance my pilot carrier. I have a full time job at Catballous as a bartender
and I am now a resident of Stillwater at 14759 62nd ST. apartments. I will
provide a service that is needed, and will help attract more people to the
area. I am asking for a chance, I will not let you down.
Thank you.
~k Anthony Francis.
L~PtZ ~b
Case No:dJf)Pj?.) 97 -),3
Date Filed: L./ - l ~ - 9)
Fee Paid: 17 D . Dc)
Receipt No.: c.:; (.nlf gLf
.~
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PLANNING ADMINISTRATION FORM
ACTION REQUESTED:
COMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance
CITY OF STILLWATER K Conditional or Special Use Permit
216 NORTH FOURTH STREET K Design Review
STILL WATER, MN 55082 _ Planned Unit Development
Variance
_ Comprehensive Plan Amendment
_ Zoning Amendment
Subdivision
Resubdi vision
Total Fee
FEE(1)
~
~
-0-
$270
$70
$300
$300
$100+$50 lot
$50
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application.
PROPERTY IDENTIFICATION
Address of Project d I~ :b ~i,V\ :s{. . Assessor's Parcel No.
Zoning District C f) D Description of Project l-Lr-t lbj -S'tL~'" ~ ,
"l hereby state the foregoing statements and all data, information and evidence submitted herewith in all
respects, to the best of my knowledge and belief true and correct. Ifurther certify I will comply 'rvith the permiT
.. it is granted and used. II l J
/) Ai! L l? jJ;';:; F"'~' ~ l- " c! h-s,
perty Owner ~<..,-,-l We' rtf, ~ Representative 1f~ f'e A rJ c.. ~~ . Mailing
Address cO/3 ~. Mu..'.,^ Mailing Address1lj~ ~ n; A\J~ IJo 5:J-~ Puu-t /1-(/\ 5So'7S
Telephone No. 'it../.., 1;;)3(.,
(' J,;re:ephone,NO. '-130- 3D';)'iS //r. - d .
~L . / / 'L Signature ~ a ~
SITE AND PROJECT DESCRIPTION
Lot Size (dimensions) _ x_
Land Area
Height of Buildings: Stories
Principal
Total building floor Area
Existing
Proposed
Paved Impervious Area
sq. ft.
sq. ft.
sq. ft.
Feet
sq. ft.
(I)ADDITIONAL ENGINEERING COSTS MAYBE REQUIRED AS PART OF APPLICATION REVIEW
I.
Revised 9/19/95
.
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-.,
Record of Action
Date
Application Filed
4(> (. ( J ~ i 7 17
Decision Authority
Date of Action by Decision Authority
Appeal Period Ended
Appeal Files
Appeal Decision
Zoning Permit Issues
Zoning Permit Signed by Owner
Zoning Permit recorded with Washington County
Development Certified as Completed Meeting all Conditions
of Approval
Comments 'L L-U:~ L! ke.,fa tJ~+ ?{ ~rpe~:oD ~f1~ p~r"" :+
10 ,<;e[( /6,1 ~jA" ~op I ~ cL:p~ ('M 7r.e -Sloop ~
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rptl'lN'-[i~ .(;o"vt LJ,\.~L-.;"''j~()ft GUfl.-{Y 1"1 h,ih"'-(~ c..'">-('
~pp~I~i/()/, ..-.J',ll kX' -((.-::IV'-? 10,(;11_ f:3<);(,Q Ik~ f\oiAr4.....
(-0."'- toL Lo..,r l:4...~ do""':-)\. ~.(' JJe~c..d. 'I. v.y, (( e.e. ()pe.',,1
-+fovn 1'--\.c.:....'1 ~ C')c..4o ~L(
Put your hot food sales on a roll with
Stars IIHot Deliciousll foodservice cart.
From American. Mexican. Italian. Chinese or Hot Dogs,
the Star Hot Delicious food cart is ideal for school
foodservice, amusement parks. arenas, convention
centers, cinema complexes and anywhere hot
delicious food is served. Easy to customize to any
menu, theme, or foodservice venue!
}-.l q hTT" t rO
V", J:, es l..-l...A
Built to NSF and UL standards utilizing NSF and UL
approved components.
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Available in electric or gas models. the Star hot food
cart features:
--
Two 1 2 x 20 stainless steel hot food wells (gas or
electric)
1 .7 cubic foot ice chest wth sliding stainless
steel top
2.8 cubic foot insulated cold compartment
Stainless steel 3 basin sink
Welded tubular steel frame (.060 gauge cold rolled
steel)
Stainless steel trim and countertop
Abrasion resistant graphic panels
Heavy Duty Casters - 6"
5 gallon fresh water tank
7.5 gallon waste water tank
72" umbrella
Front View
b3\:trrt:. ~l 1\)9
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Just call Star
A leader In foodservlce for over 71 years!
o
Back View
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Star Manufacturing International, Inc. . 9325 Olive Boulevard' St. louis, MO 63132 . 314-994-0880 . FAX: (314)994-0406
9025
standard Cart Features:
Two 12 x 20 stainless steel hot tood wells (gas or electric)
1 .7 cubic toot ice chest wth sliding stainless steel top
2.8 cubic toot insulated cold compartment
Stainless steel 3 basin sink
Welded tubular steel frame (,060 gauge cold rolled steel)
Stainless steel trim and countertop
Abrasion resistant graphic panels
Heavy Duty Casters - 5"
5 gallon tresh water tank
7.5 gallon waste water tank
72" umbrella
Tempered glass sneeze guard with stainless steel shelf
Locking dry storage, cold compartment, end door and
battery compartment door
Stainless steel folding end shelf (12") and front shelf (8")
Nickel plated push handle
"Hot Delicious" graphics
Vinyl or fabric caster skirt
Electric Cart Specifications:
Two 750 watt hot food wells
125 volt with twist lock connector rated at 20 amp
2.5 gallon (9.5 liter) hot water heater, 375 watts
Gas Cart Specifications:
._00 BTU (8,500 BTU per burner)
. one system consists of 20 lb. tank with two manual control
ves and spark ignition, regualtor and quick-disconnect
112 gallon hot water heater with 125 psi pressure relief valve
9.5 AH 12 volt sealed lead acid battery (120V battery charger
Included)
Battery operated water pump, Automatic demand range at
45-60 psi - Ul/CSNNSF
Optional Equipment:
I .
Custom graphics
Canopy (wagon or gable style)
Model 135R Roll Warmer Kit
Model 126 Roll Top Cover
Model 131 2-Pot Adaptor Top
Model 132 4-Pot Adaptor Top
#9 Combination Inset (2 insets wlcovers - 7 quart each)
# 10 Combination Inset (2 insets wI covers - 4-1/8 quart each &
2 insets wlcovers - 2-1/2 quart each)
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Approximate Weight: Installed: 425 Ibs.
Shipping: 500 Ibs.
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NOTICE OF PUBLIC HEARING
SPECIAL USE PERMIT AND DESIGN REVIEW
Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will
meet on Tuesday, June 3, 1997, at 7 p.m. in the Margaret Rivers Room at the City
Public Library, 223 North Fourth Street, to consider an appeal of the Planning
Commission's decision by Fred Francis for a special use permit for a Hot Dog Stand at
213 North Main Street in the CBD, Central Business District. Case No. SUP/DR/97-23.
All persons wishing to be heard with reference to this request will be heard at this
meeting.
Steve Russell
Community Development Director
Publish: May 23, 1997
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
.
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~iI~ate~
THE BIRTHPLACE OF MINNESOTA ~
May 23, 1997
RE: SPECIAL USE PERMIT AND DESIGN REVIEW
Dear Property Owner:
Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will
meet on Tuesday, June 3, 1997, at 7 p.m. in the Margaret Rivers Room at the City
Public Library, 223 North Fourth Street, to consider an appeal of the Planning
Commission's decision by Fred Francis for a special use permit for a Hot Dog Stand at
213 North Main Street in the CBD, Central Business District. Case No. SUP/DR/97-23.
All persons wishing to be heard with reference to this request will be heard at this
meeting.
Steve Russell
Community Development Director
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
... ',.
lJ/Lt-1T 5=/'--17
.
Mr. Russell suggested adding a fifth condition of approval that the
structure be converted back to a garage if the current owner sells the
property.
Mr. Rheinberger moved approval of the Special Use Permit and variance
with the five conditions of approval. Mr. Zoller seconded the motion; all in
favor.
Case No. V /97-22 A variance to replace an existing garage with a 20 x 22
garage having a 3-foot side and rear yard setback (5 feet required) at
'309 S. Fourth St. in the RB, Two Family Residential District. Richard and
Patrice Nordstrom, applicants.
Mrs. Nordstrom was present. Mr. Fontaine asked if there was a reason the
garage couldn't be moved on the property to meet setback requirements.
Mrs. Nordstrom pointed out they were bringing the garage in three feet
from the location of the current structure. Mr. Russell noted if the garage
were moved another two feet, the applicants would have to swing around
the house to gain access to the garage.
Karl Karlson, the neighbor directly south of the Nordstroms, spoke in favor
of the request.
Mr. Zoller, seconded by Mr. Rheinberger, moved approval as conditioned; all
in favor.
ase No. SUP/DR/97-23 A Recial use permit for a hot dog stand at 213 S.
Main St. in the CBD, Central B iness District. Fred Francis, applicant.
Mr. Francis was present and showed photos of the proposed location and
style of cart. He said he had permission from the property owner to
operate the stand at the proposed location.
Chuck Wiessner, owner of the Coney Island food establishment in the
Staples Mill, and Sandy Hudson, owner of Stillwater Grill, both spoke
against allowing the use of portable food units.
Mr. Francis said he understood the business owners' concerns and would be
willing to limit his hours of operation in order to satisfy their concerns.
He said he had talked with Washington County Public Health officials in
response to Mr. Wiessner's concern regarding a potential health hazard.
j.
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Mr. Valsvik said while he respected Mr. Francis' entrepreneurship, he felt
it is important to support the existing merchants in town, merchants who
pay rent, taxes, etc. Mr. Valsvik, seconded by Mr. Zoller, moved to deny the .
request. Mrs. Bealka spoke in favor of the request.
Motion to deny passed 3-2, with Mr. Valsvik, Mr. Zoller and Mr. Fontaine
voting in favor of the motion.
Case No. SUP/V-97-24 A special use permit for residential use and
variance to the parking requirements for renovation and addition of a
second floor at 124 S. Second St. in the CBD, Central Business District. Jon
Whitcomb, applicant.
Mr. Russell said the applicant had requested a continuance of the case.
Wayne Wohlers and Larry Kraft, owners of Kinsel's Liquor Store, 118 E.
Chestnut St., expressed their concern about the proposal. Their primary
concern is with the parking situation and the potential for adding to the
problem with this proposal.
Case No. V/97-25 A variance for construction of a 214-square-foot
storage shed accessory structure at 1530 Amundson Lane in the RA, One
Family Residential District. Christine Wichser, applicant.
The Spencers, owners of the property, were present for the discussion.
LaVyrl Spencer said the request is for an architecturally designed
playhouse for their grandchildren. The storage shed was something of an
afterthought; the storage shed can't be seen from the street. The Spencers
own lots 28-32.
Mr. Zoller, seconded by Mr. Rheinberger, moved approval as conditioned; an
in favor.
.
Case No. SUP/97-26 A special use permit for the modification of a bed and
breakfast to increase the number of rooms from five to seven at 807
Harriet St. in the RB, Two Family Residential District. Truett and Jill
Lawson, applicants.
Mr. and Mrs. Lawson were present for the discussion. Mr. Lawson showed
photos and talked about the uniqueness of the site and the fact that their
B&B involves two separate structures and two special use permits. He
suggested the 6-0 vote of the Heritage Preservation Commission in
support of the request indicates the proposal is not "an ordinance buster."
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Ie
MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director A--
DA: May 30, 1997
RE: APPEAL OF PLANNING COMMISSION DENYING SPECIAL USE AND
VARIANCE FOR TWO ADDITIONAL ROOMS (SEVEN TOTAL) FOR JAMES
A. MULVEY RESIDENCE INN CASE NO. SUPN/97-26
The request is to construct two additional rooms in the carriage house bringing the total rooms to
seven for the Mulvey residence Inn. The property is different in that the house structure and
carriage house are on separate lots. The carriage house was previously converted from a
garage/storage structure to a one-guest room structure in 1992 (Case No. SUPN/92-62).
Since that time, the bed and breakfast ordinance was amended to allow a maximum of five guest
rooms per bed and breakfast and 900 ft. separation between bed and breakfasts.
If the two lots are considered separate bed and breakfasts, then they don't meet the separation
requirement. If they are considered one, then the requested seven rooms exceed the maximum
five room requirement.
There is a lot of pressure and interest in bed and breakfasts in the community. A major intent of
the bed and breakfast regulations is to allow bed and breakfasts to preserve and allow the public
enjoyment of the older homes but most importantly to preserve the residential character of the
neighborhoods.
A letter of appeal has been filed by the owner, Mr. Lawson.
Recommendation: Consideration of appeal and planning commission denial.
Attachment: Staff report and ~SUPN/97-26 and letter of appeal 5/16/97
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City of Stillwater
Attention: Sue Fitzgerald, Staff
Steve Russell, Staff
Gerald Fontaine, Chair of Planning Commission
We do want to thank you all for the preparation of our application for two additional
rooms in the Bed and Breakfast.
Chairperson, Gerald Fontaine, runs a ~ good meeting. We were impressed with the
process of business, though the agenda became rushed.
We must express our concern that the core issues we were raising in our application
were never discussed. At the same time, one of the planning commission members
stated what seems to us to be clear misinformation - that we had been back with
requests Nmany times- for our properties' B&B use. This comment seemed pe;orative to
us. We first applied for five rooms in our B&B in December of 1991; we were granted
four and told to reapply for the fifth after a year of acceptable operation. We reapplied
in December of 1992 as we were instructed. At no time have we sought to improperly
overload the City with multiple applications.
The other point we wish to raise is the statement of our case in the meeting agenda. We
believe the case statement is stated inaccurately and may have prejudiced the
commission against our case for two additional rooms at 807 Harriet. MCase No.
SUP /97 -26. A special use permit for the modification of a bed and breakfast to increase
the number of rooms from five existing to seven at 807 Harriet Street in the RB, Two
Family Residential District. Truett and Jill Lawson, applicants."
We are not applying for seven rooms at 807 Harriet - we are applying for three. We
were granted a special use permit for this structure on December 4, 1992, for the
operation of one B&B room. We are asking for two additional rooms. Yes, our
operation includes four rooms at 622 Churchill, and that is indeed relevant, but we
believe we have been given special use permits for each structure by action of the
council on January 7, 1992, and December 4, 1992, and believe our case should reflect
the legal status of our two properties.
Thanks for considering these issues.
Sincerely,
..-...,,", ,l o:.'~
_..\:-~~ - ------
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Truett and Jill Lawson
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7/2--97
Mr. Valsvik said while he respected Mr. Francis' entrepreneurship, he felt
it is important to support the existing merchants in town, merchants who
pay rent, taxes, etc. Mr. Valsvik, seconded by Mr. Zoller, moved to deny the
request. Mrs. Bealka spoke in favor of the request.
.
Motion to deny passed 3-2, with Mr. Valsvik, Mr. Zoller and Mr. Fontaine
voting in favor of the motion.
Case No. SUP/V-97-24 A special use permit for residential use and
variance to the parking requirements for renovation and addition of a
second floor at 124 S. Second St. in the CBD, Central Business District. Jon
Whitcomb, applicant.
Mr. Russell said the applicant had requested a continuance of the case.
Wayne Wohlers and Larry Kraft, owners of Kinsel's Liquor Store, 118 E.
Chestnut St., expressed their concern about the proposal. Their primary
concern is with the parking situation and the potential for adding to the
problem with this proposal.
Case No. V/97-25 A variance for construction of a 214-square-foot
storage shed accessory structure at 1530 Amundson Lane in the RA, One
Family Residential District. Christine Wichser, applicant.
The Spencers, owners of the property, were present for the discussion.
LaVyrl Spencer said the request is for an architecturally designed
playhouse for their grandchildren. The storage shed was something of an
afterthought; the storage shed can't be seen from the street. The Spencers
own lots 28-32.
.
Mr. Zoller, seconded by Mr. Rheinberger, moved approval as conditioned; all
in favor.
Case No. SUP/97-26 A s ,ecial use permit for the modification of a bed and
akfast to in e number of rooms from five to seven at 807
Harnet t. In the RB, Two Family Residential District. Truett and Jill
Lawson, applicants.
Mr. and Mrs. Lawson were present for the discussion. Mr. Lawson showed
photos and talked about the uniqueness of the site and the fact that their
B&B involves two separate structures and two special use permits. He
suggested the 6-0 vote of the Heritage Preservation Commission in
support of the request indicates the proposal is not "an ordinance buster."
.
.
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i.
He further noted the square footage of both the structures and lot exceed
ordinance requirements.
Betsy Glennon, 812 Harriet St., spoke in opposition to the request. She said
she lives directly across from the carriage house, which would have the
requested increased usage. She spoke of problems with turn-around traffic
that often drives on her property and on-street parking, and she said it
was not her intent when she purchased the property to be at the end of a
commercial cui de sac. She also provided photos.
Mr. Lawson said he wanted Ms. Glennon's concerns addressed. He said the
turn-around traffic is not from the B&B guests. He said the Lawsons would
be willing to put up a fence of Ms. Glennon's choice to prevent U-turns. And
he said he did not think the request would result in much increased
traffic. He said he thought Ms. Glennon's concerns were manageable issues.
Mr. Russell pointed out the current ordinance limit of five guest rooms is
to limit impact on residential areas.
Mr. Valsvik noted that Ms. Glennon's statements amount to a formal
complaint that need to be addressed. Mr. Rheinberger moved to deny the
request based on the current ordinance. Mr. Valsvik seconded the motion.
Mr. Zoller agreed that the Lawsons site and B&B operation is unique and
said he might be able to support the request if the parking issues are
addressed. Mr. Fontaine noted that many months had been spent working on
the B&B ordinance. Motion to deny passed by unanimous vote, 5-0.
Long L~ke use ioint Park Board/Planning Commission meeting
Present from the Planning Commission were Mr. Fontaine, Mrs. Bealka, Mr.
Rheinberger, Mr. Valsvik and Mr. Zoller. Present from the Park and Rec
Board were chairperson David Junker, members Linda Amrein, Nancy
Brown, Rich Cummings, AI Liehr, Rob McGarry, Ken Meister, Del Peterson
and Leah Peterson.
Also present were Community Development Director Steve Russell;
Engineer Klayton Eckles; Molly Shodeen of the DNR; Lee Miller, David Fabio,
Eileen Gordon, Jon Engelking, Don McKenzie, all of the Long Lake
Homeowners Association; and Paula and Robert Kroening, property owners.
Also present was Ward 4 Councilman Gene Bealka; he left prior to the
beginning of the discussion due to a concern that his presence along with
Mr. Cummings and Mr. Zoller would constitute a quorum of the City Council.
.
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PLANNING APPLICATION REVIEW
CASE NO. SUP/DR/97-26
Planning Commission Date May 12, 1997
Project Location: 807 Harriet Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: Jill and Truett Lawson
Type of Application: Special Use Permit
Project Description: Special Use Permit for the modification of a
bed and breakfast to increase the number of bedrooms from five to
seven.
Discussion
On January 7, 1992, City Council approved the Lawson's Special Use
Permit for a four bedroom bed and breakfast. On December 4, 1992,
they were approved for an additional bedroom in their carriage
house that is behind the main house and has an address of 807
Harriet Street. They are requesting two additional rooms in the
carriage house (see attached floor plan) .
The request violates the ordinance as it is written now, but the
applicant has ~closed a letter listing their rationale and
reasoning for the request (see attachment).
Conditions of Approval
Should the Commission grant approval of the request, staff
recommends the following conditions of approval:
1. Visitor parking shall all remain on the applicant's property,
not on Harriet Street or Churchill Street.
2. All present conditions apply (V/SUP/91-62).
Recommendation
Denial
Findings
The proposal does not meet the intent of the Bread and Breakfast
Ordinance. Five rooms total are permitted by the current ordinance.
Attachments
Application Form
Letter From Applicant
Floor Plan
Parking Plan
HPC MEETING - MAY 5, 1997 - APPROVAL +6-0
L:-(?L- .4vf1{.~
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Case No: ~t/17q1~
Date Filed: ;;
Fee Paid: .tJ. 7f)
Receipt No. :5k!f1!.--
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PLANNING ADMINISTRATION FORM
ACTION REQUESTED:
COMMUNITY DEVELOPMENT DEPARTMENT _ Certificate of Compliance
CITY OF STILLWATER A- Conditional or Special Use Permit
216 NORTH FOURTH STREET _ Design Review
STILL WATER, MN 55082 _ Planned Unit Development
Variance
_ Comprehensive Plan Amendment
_ Zoning Amendment
Subdivision
Resubdivision
Total Fee
FEE(lJ
m-
~
-0-
$270
$70
$300
$300
$100,$50/lot
$50
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application.
PROPERTY IDENTIFICATION
Address of Project ~ 0 7 ld-6.Y'r' \'~ + Assessor'_s Parcel No.Oct Q 95' - L{ q ~ ()
Zoning District ~ Description of Project:.e..- <:'S ( v.... y--e..c: '-t
h v-e.. e... ~ ~ VV'\ " ~, c \, u..S~ e-v v'^ \.:;;( v-~-\:A-D
~ 0.... V o...y. l ~ <.....e.. o.r C) '^ e ('~)~. I,.N'-. t~, \ 1 d-
"1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all
respects. to the best of my knowledge and belief, true and correct. 1 further certify 1 will comply with the permit
.. it is granted and used. "
w,roperty Own~0 En + <:.)\. ~L U~Jo(A.Representative Mailiil!!
Address ~ ~ '- w. C,^u..v-OAl..l.l Mailing Address ,.Sl:.dJV\ e.. <; 4- ~-U u-- c,~ 5' <;""'0 ~'2-
-rt ",~ Telephone No.\. u,!"2 ,I
4-~ 0 ~ t...{ 15'J Telephone No. (j.t- rs 4 ~o <g Ga:Y , '
~~~~,'--" i ~ Signalf'S) '-~) "U -tru->-~-<-",
SITE AND PROJECT DESCRIPTION
Lot Size (dimensions) I ZOx I '70 Total building floor Area 2-CcG() sq. ft.
Land Area Existing v/ sq. ft.
Heigh~ o~ Buildings: S,tories Feet _ :+ Proposed .y ,"-I tA- sq. ft.
Pnncipal ~ 2 cD .ft-- 5 {~\-Paved ImperviOUs Area sq. ft.
-4-Wc~~ ~C(4 - jO-Yc'
_ADDITIONAL ENGINEERING COSTS MA Y BE REQUIRED AS PART OF APPLICA nON REVIEW
R~viscd 9/19/95
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Date: April, 1997
To:
City of Stillwater
From:
Truett and Jill Lawson
Owners of the James A. Mulvey Residence Inn
Subject:
Request for two additional guest rooms in the Carriage House -
807 Harriet
Our request and its history (Case 9162)
On January 7, 1992, with the approval of the City Council, we began our bed and breakfast
with four approved rooms in the main house (622 W. Churchill). On December 4, 1992, we
were granted an additional variance for special use and one bed and breakfast room in our
Carriage House (807 Harriet). We have since operated our Inn to the highest standards on
this basis.
We are now requesting two additional rooms in the Carriage House. We appreciate your
consideration. We believe our site is somewhat unique and that the granting of these
additional rooms is within the city's ordinance, state codes, and the design of our historic
property.
Rationale and information
1.
This request does not violate the city bed and breakfast ordinance, nor does it violate
the state fire codes for residential bed and breakfast use. Our request is to increase
Carriage House (807 Harriet) rooms from one to three.
2. Our site is ideal for bed and breakfast use. The total property is 1.2 acres (5 city lots).
Both the main house and the Carriage House have their access from Harriet Street,
which is a dead-end 250-foot street perpendicular to Churchill (see site plan).
Because of this unusual location, no negative neighbor impact of the Inn has been
experienced and our neighbor relationships are excellent.
3. We are a quality leader in the Stillwater lodging industry. We were co-founders of the
Stillwater Bed and Breakfast Association (a 501-C3 corporation) which has raised
thousands of dollars a year for tourist marketing through the Victorian Teas. We have
twice been cover pictures on major lodging guide publications - most recently the State
Department of Tourism's NExplore Minnesota, Guide to B&B's and Historic Inns" (see
attached pictures). We have been a cooperative member of the business community.
.
.
I.
4.
Approving these rooms will enhance the financial feasibility of our Inn and with it,
longevity of ownership - a definite problem in the Stillwater B&B industry. Frequent
turnovers in B&B ownership are not good for this young lodging communityl This is a
labor-intensive business with high maintenance costs connected with historic property
development. The IRS MSSP(Market Segment Specialization Program) Audit Guide
refers to a recent survey:
Bed and breakfasts with less than four guest rooms do not make
money. With up to seven rooms, an average profit would be
about eight percent annually.
We want to create a viable business which will bring financial returns that warrant our
continued hard work.
5. Healthy bed and breakfasts in Stillwater have given the city a new strategy to
encourage the restoration of large historic properties. We believe these pristine
properties have encouraged the revival of other Victorian home restorations in our
town.
6. Finally, there is an operational precedent for what we bring to you. The Rivertown Inn
operates with 8 rooms out of its main house and carriage house. Any speculation on
operational problems based on two separate buildings on the site would not appear to
be substantiated in practice.
We are committed to continue operating a quality B&B in Stillwater. We hope you can see
that our request is a reasonable next step in our business in Stillwater with no downside for the
city or the neighborhood.
TML:cjv
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Minnesota Bed & Breakfast Guild
An Affiliate of the
Minnesota Hotel & Lodging Association
Minnesota Office of Tourism
,
.
812 S. Harriet Street
Stillwater, Minnesota 55082
June 2, 1997
City Council of the City of Stillwater, Minnesota
c/o Steve Russell
Community Development Director
RE: Case No. SUP/97-26
To The Mayor and Council Members:
I am unable to appear at the Tuesday, June 3, 1997, City Council
meeting with reference to the request from Jill and Truett Lawson
for a special use permi t for the modification of a bed and
breakfast to increase the number of rooms. My concerns regarding
their request were presented to the Planning Commission at their
meeting last month. At that time I indicated that my primary
concerns about expanding the James Mulvey House facilities were:
1. the inadequate parking situation on the one-block long
dead-end street on which my home, which I purchased from Truett
Lawson's family less than one year ago, is the only residential
dwelling;
.
2. my concerns for my property, as vehicles turn around both
in my driveway, and over my lawn, to make the turnaround in the
dead-end to leave the cul-de-sac to exit onto Churchill;
3. my concerns for safety, as Harriet dead-ends into the
undeveloped ravine, and that end of the street is unlighted; adding
more commercial traffic into the dead-end heightens my concerns as
the parent of an elementary school aged child;
4. my concerns about the dumping which has occurred into the
city-owned ravine between my property at the end of Harriet, and
the carriage house directly across the street which is owned by the
Lawson's, and for which the expanded commercial use is requested.
Since the Planning Commission meeting I have spoken wi th the
Lawsons on several occasions about how we could reach a mutually
agreeable arrangement about their plans to go forward with their
commercial development. Among the items we discussed were:
.
1. requesting that the city post a "No Outlet" sign at the
corner of Churchill and Harriet to deter traffic from entering the
dead-end;
2. that the Lawsons add motion detector lighting to the
carriage house garage to illuminate the dead-end and cul-de-sac/new
parking area;
~
.
3. my interest in fencing my yard to prevent vehicles which,
because the street is unpaved and has no curb, from driving over my
lawn while turning around in the dead-end;
4. the expansion of the semi-circular driveway at the bed and
breakfast to accommodate guest parking in the driveway to help keep
the street clear during all seasons.
I told the Planning Commission that the facility is a lovely one,
and beautifully maintained. I can understand the business
interests the Lawsons have for expansion. However, during the
negotiations for my home purchase there was no discussion of their
plans for expansion, and my assumption was that a stable tenant
would continue to rent the upper level of the carriage house for
nine months of the year on an ongoing basis.
The other home on Harriet is not owner-occupied. The tenants who
lived in the house at the time of the Planning Commission hearing
had four vehicles, two trucks and two cars. One of the trucks
remained parked in the yard over the winter. Since their eviction,
new activity at the house has brought two boats, a truck and a car
into the yard, and additional vehicles into the street and driveway
of the home. In short, the parking situation has gone from bad to
worse. The Lawsons have made an effort to encourage their guests
to park in the semi-circle at the bed and breakfast, and this is
appreciated.
I have obtained estimates for fencing or walling off my yard, and
have received an offer from the Lawsons to pay $500.00 (about half)
toward my costs. Please see the attached letter which Truett
presented to me at 9:45 p.m. last Wednesday evening and to which I
was unable to respond by his deadline.
.
I must decline the Lawson's generous offer because the quid pro quo
seems to be that I will throw my total support behind the expansion
plans. I cannot do this because my concerns are not alleviated. In
reference to Truett's letter:
1.
owned by
dumpster
dumping;
The dumping in the ravine occurred between properties
the Lawsons over the past several years; any clean-up and
costs should be borne by the party responsible for the
2. Cutting trees on the city property would certainly
facilitate snow removal ~nd access to the Lawson's property - it
would not impact mine - so any costs of clearing this land are in
the commercial interest of the Lawsons and should be borne by them;
3. As landlords and innkeepers, the Lawsons should
security lights on their property for reasons of good
management and premises liability;
have .
risk
.
.
.
4 .
basis,
expand
The parking situation should be
and not tied to the success of
the bed and breakfast.
addressed on an ongoing
the Lawson's request to
During my discussions with Truett Lawson I made it clear that my
mission in life is not to have to go before the Planning Commission
and/or City Council repeatedly in an effort to preserve my
interests as a homeowner living in the midst of businesses; I hope
this won't be necessary. I would simply like to see some response
to the legi timate concerns I have prior to the City Council
allowing expansion of this business. As members of the Planning
Commission succinctly stated: the ci ty ordinance limi ting the
number of rooms in a bed and breakfast to five was very carefully
thought out and it has been reviewed and maintained several times.
Thank you in advance for your consideration.
~er~~
Margaret E. (letsy) Glennon
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MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director /L----
DA: May 30,1997
RE: PUBLIC HEARING ON VARIANCE FOR CONSTRUCTION OF EXISTING
DECK WITHOUT REQUIRED REVIEW SETBACK V/97-19
The planning commission reviewed the application at their meeting of May 12, 1997, and
approved the variance. In order for the council to approved the variance, the finding on the
attached page must be made, "It can be demonstrated that the deck will be visually inconspicuous
in summer months as viewed from the river."
The planning commission's recommendation included a condition to remove a portion ofthe
deck and plant a hedge to screen the deck.
Since the planning commission meeting, a second letter from DNR has been received.
The council action on the variance will need to be approved by the commissioner of the DNR
before the council action takes effect.
Recommendation: Consideration of planning commission recommendation and required finding
and decision on variance request.
Attachments: Staff report and minutes from planning commission meeting of May 12, 1997 and
DNR letters of 5-6-97 and 5-20-97.
--
areas that are available or not available for public use. Outside the minimum setbacks
with the St. Croix Riverway, signs that are otherwiee lawful are permitted, provided
they will be visually inconspicuous in summer months as viewed from the river.
e. Stairways and lifts to enable access from bluffland properties to the water on steep
slopes may be allowed by the local authority, provided the disruption of vegetation
and topography is kept to a minimum and the structure will be visually inconspicuous
in the summer months as viewed from the river.
9. Substandard Lots. Lots recorded in the office of the County Register of Deeds prior to
May 1, 1974, that do not meet the requirements of No. 7 above may be allowed as
building sites when:
a. The proposed use is permitted in the zoning districts.
b. The lot has been in separate ownership from abutting lands since May 1, 1974.
c. It can be demonstrated that a proper and adequate sewage disposal system can be
installed in accordance with the provision of No. 11.
d. The dimensional standards of the Bluffland and Shoreland Section are complied with
to the greatest extent practicable.
10.
Substandard Structures. All structures legally in existence prior to the effective date of
adoption of the Bluffland Shoreland Subdivision that do not meet the structure or sewage
treatment system setbacks requirements or other dimensional standards of the ordinance
are considered substandard structures and shall be subject to the following conditions:
-
~
a. Substandard structures that contain nonconforming uses shall not be enlarged or
expanded.
b. Substandard structures and substandard sanitary facilities shall be allowed to
continue.
c. In no instance shall the extent to which a structure or sanitary facility violates a
setback standard be increased.
d. An extension, enlargement or alteration of an existing substandard structure may be
permitted on the side of the structure or facility facing away from the river or
luffline.-
An alteration or expansion of a substandard structure which increases the horizontal
or vertical riverward building face shall not be allowed unless it can be demonstrated
that the structure will be visually inconspicuous in summer months as viewed from
.!he river as determined by the Council after a public hearing. _
f. Exterior decks attached to the structure which do not extend any roof or foundation, ,
may be permitted to extend laterally (parallel to the river or bluffline) at the same \./
setback as the substandard structure if said deck is visually inconspicuous in summer
months as viewed from the river and the deck has no roof or building foundation.
g. If a substandard structure needs replacing due to destruction, deterioration or
Chapter 31 - 62
-.
.
-
Conditional Use Permits
Amendments to Riverway Bluffland Shoreland
Ordinance
PH- WA-FD
PH - W A - FD
Amendments to District Boundary
PH - W A - CC
Plats and Cluster Developments
PH - W A - FD
Variances
PH - W A - CC
LP - Permit issued by the local authority in accordance with this Ordinance and all other local
permits.
CC - Certification by the Commissioner of Natural Resources prior to final local approval.
PH - Public Hearing necessary by the local authority giving 20 days notice of meeting to the
Commissioner of Natural Resources and other agencies listed in Subd. 17(1)(B).
FD - Local authority forwards any decisions to the Commissioner of Natural Resources within
the 10 days after taking final action.
W A - The Commissioner of Natural Resources shall submit, after notice of public hearing and
before the local authority gives preliminary approval, a written review and approval of the
project.
Variances.
a. Variances shall only be granted where there are particular hardships which make
the strict enforcement of this ordinance impractical. Hardship means the proposed
use of the property and associated structures in question cannot be established
under the conditions allowed by this ordinance, the plight of the landowner is due
to circumstances unique to his property, not created by the landowners after May
1, 1974; and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone shall not constitute a hardship for the
reasonable use of the property and associated structures under the conditions
allowed by this ordinance. In addition, no variance shall be granted that would
permit any use that is prohibited in this ordinance in which the subject property is
located. Conditions may be imposed in the granting of a variance to insure
compliance and to protect adjacent properties and the public interest, especially in
regard to the view from the river.
b. The public hearing for a variance shall be held by the Planning Commission and
Council set forth in the Zoning Ordinance.
Chapter 31 - 67
II
It
I
~
b. The applicant for any permit requiring a public hearing shall submit to the
Community Development Director at least 30 days prior to such hearing, an
abstractors certificate showing the names and addresses of all property owners
within 350 feet ofthe affected property, and any local governments, within two
miles of the affected property. This requirement does not apply to amendments to
the text of the Riverway Bluffland Shoreland Ordinance.
c. Notice of the purpose, time and place of such public hearing shall be mailed to all
property owners and local governments listed in Subd. 17(l7)(B) at least ten days
prior to the date of the hearing.
d. Notice of the purpose, time and place of any such public hearing shall be
published in the official newspaper of the affected communities at least ten days
prior to the date of the hearing.
Certification of the Commissioner of Natural Resources.
a. Before any zoning district ordinance amendment or variance becomes effective,
the governing body shall forward the decision to the Commissioner. The
Commissioner shall certify in writing that the proposed action complies with the
intent of the Wild and Scenic Rivers Acts and the Master Plan for the Lower St.
Croix River within 30 days of receipt of final decision on the manner specified i
Department of Natural Resources Regulations Minnesota Rules Part 6105.054
3. Forwarding a Final Decision.
a. The clerk shall forward decisions within 10 days of final action on all conditional
use permits, planned unit developments and subdivisions to the Commissioner of
Natural Resources.
4. Permit Process.
St. Croix Riverway Ordinance
Permits District
Urban District
Building Permits
LP
Septic Permits
LP
Grading Permits
LP
Tree Cutting Permits
LP
Chapter 31 - 66
.
M ~eQ~~J& BtrWrh~IJtJiP, t8tu~t,lJ;~!~~sources
Telephone: (612) 772-7910 Fax: (612) 772-7977
~ J R1S~"fgijYJErp
I
~..l i....MAy..,2.~{\::1997'
I '''-'~, '-_'! XJ.:.~
Stillwater City Council
Stillwater City Hall
216 North Fourth
Stillwater, MN 55082
-. - ~-:" -~.=- ~~.:- -- -.~.~--- - .
Re: Stillwater Yacht Club After-The-Fact Variance Requests
Dear Council Members:
I apologize for not making the May 12, 1997 hearing on time, but I assume my May 6, 1997 letter was entered into the
record and spoke for itself. The May 12, 1997 staff report erroneously stated that there is a new owner and the work
was done under a previous owner. The primary ownership has not changed since Muller sold the marina, only some of
the financial partners and management staff have changed over time. The agencies and city have historically been
requested to compromise for after-the-fact operation at this facility. The new operators are attempting to address all of
the outstanding regulatory issues. By continuing to hold the applicants to a lesser standard of ordinance enforcement,
the city promotes, encourages and perpetuates the conduct, as well as sending the message to others.
.
Section 31.03 Subd.l0 (C) states: In no instance shall the extent to which a structure or sanitary facility violates a
setback standard be increased. Subd. 10 (F) allows decks to be attached laterally (parallel to the bluIDine or river) at
the same setback as the substandard structure if it is determined to be visually inconspicuous. Mr. Russell has
determined that the deck would be visually inconspicuous, however, it is not lateral. The deck was attached to a
substandard structure (the clubhouse) per Subd. 10 of the ordinance. We encouraged the city to require an alternative
location for the deck that met the standards of Subd. 10(F). Instead, it was recommended that a small portion be
removed and planting done to further screen the deck. This recommendation is not consistent with the ordinance
language or intent. Subd. 10 (F) is your only ordinance guidance on deck additions to substandard structures.
We do not agree that it is proper to just negotiate a settlement rather than enforcing the substance and intent of your
ordinances. We request that the city follow proper procedure and document its fmdings on hardship and ordinance
compliance by providing findings offact and conclusion uyou uphold the Planning Conunission recommendation. The
DNR is opposed to the granting of the deck variance and request the city to order it placed in conformance with the
ordinance.
If you have any questions, please contact me at 772-7910.
Sincerely,
~o\l \- ~~()vl~
Molly Sho~en
Area Hydrologist
c: Julianne Fiedler
Obi Sium
Steve Johnson
Jim Harrison
Dave Magnuson
Jerry Fontaine
.
DNR Information: 612-296.6157. I-X()()-7h6-6()()() . TTY: 612-2%-)4:-:4. I-HOO-657-3LJ2LJ
:\n Equal ()pportUIIII~ Fmpl\l~ l.:'r
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PLANNING COMMISSION
May 12, 1997
?j/L 5'-/7-- ~1'7
{J~
Present:
Jerry Fontaine, chairman
Glenna Bealka, John Rheinberger, Don Valsvik, and Terry Zoller
Others:
Steve Russell, Community Development Director
Absent:
Dave Charpentier~ Kirk Roetman, Darwin Wald and Tom Wiedner
Chairman Fontaine called the meeting to order at 7 p.m.
Mr. Valsvik, seconded by Mr. Rheinberger, moved approval of the minutes of
April 14, 19 . vor.
A v ranee to the bluffland/shoreland setback for
10US surface and deck setback from river at 422 E.
Mulberry St. (Stillwater Yacht Club) in the CBD, Central Business District~
Bluffland/Shoreland and Flood Plain Overlay Districts. Julianne Fiedler,
representative for Marine Development Inc., applicant.
As the applicant was not present, the Commission on a motion by Mr.
Rheinberger, second by Mr. Zoller, voted to delay the case until later in the
meeting. Jack Heschler, representing the Aiples, property owners directly
north of the Yacht Club, said the Aiples would like the Yacht Club to
replace the existing chain-link fence along the property line with a
wooden fence similar to that enclosing the pool area.
Ms. Fiedler arrived at 7:05 p.m. Ms. Fiedler, counsel for the new owners of
the Yacht Club, said the request is for after-the-fact approval of the deck
and impervious surface area. She said the new owners are trying to deal
with the mistakes of the prior owners, nothing more.
Mr. Fontaine asked if the conditions of approval would satisfy the DNR. Mr.
Russell said he is not certain what the DNR's position will be. Mr. Russell
said the city is dealing with an existing situation, and he said he feels
comfortable with the staff recommendations/conditions of approval.
Mr. Heschler restated the Aiples' request for the new fencing on the
property line to protect their view of the Yacht Club property. Mr. Fontaine
suggested that the fence issue could be dealt with "as neighbors." Ms.
Fiedler said the Yacht Club owners Would be open to discussions on the
issue.
..-
.
.
I.
Linda Amrein, 307 E. Laurel St., raised the philosophical question of the
City's dealing with prior mistakes and at what point the City should
require that the mistakes be "undone."
Mr. Russell noted the new owners are cooperating with the City, which has
not always been the case with previous owners. He also noted that if the
neighbors can't come to an agreement on the fence issue, the City will be
informed.
Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as conditioned;
all in favor.
Case No. V /97 -20 A variance to the front yard setback (28 feet requested,
30 feet required) for construction of a front entrance at 501 Edgewood
Lane in the RA, One Family Residential District. Ross Schrankler,
applicant.
Mr. Schrankler was present for the discussion. He noted the agenda was
incorrect; he is requesting a 4 and one-half foot variance, rather than the
two foot variance indicated in the packet. Mr. Schrankler explained the
request is to make the entrance more usable and comfortable. He said he
had talked with neighbors, none of whom had objections.
Mrs. Bealka, seconded by Mr. Zoller, moved approval as conditioned; all in
favor.
Case No. SUP/V /97-21 A special use permit and variance to convert an
existing garage into a pottery studio at 709 S. First St. in the RB~ Two
Family Residential District. Carl and Rebecca Erickson, applicants.
The Ericksons were present for the discussion. Mr. Erickson explained the
only changes to the existing structure would be the addition of a skylight,
some insulation and wiring improvements. He said none of the changes
would be permanent; the structure would be turned back into a garage if
they sell the property. He said they had also talked with neighbors
regarding their plans.
Mr. Rheinberger asked about odors. Mr. Erickson said there is a slight
sulfur odor which quickly dissipates. He said they previously had a shop in
Marine next to a dentist office and cafe and there were no complaints.
PLANNING APPLICATION REVIEW FORM
CASE NO. V/97-19
Planning Commission Date: May 12, 1997
.roject location: 422 East Mulberry Street
Zoning District: Bluffland Shoreland
Applicant's Name: Julianne Fiedler
Type of Application: Variance
Project Description: A variance to the bluffland/shoreland regulations for a deck addition setback
from the river (40' from bluff edge required, 0' feet existing) and percentage of impervious surface
land coverage for paved parking lot.
Discussion: The city has become aware of Yacht Club development that occurred in the past
(previous owner) in violation of city bluffland/shoreland setback regulations and lot coverage
requirements.
The two developments became apparent to the DNR and the city over a year ago. Recently the
Yacht Club owners and the city received a letter from the DNR describing the need for the variances.
The improvements were made in the past, at least two years ago, before the current owner
purchased the property. The improvements include paving a surface area to the north of the dry
_tack storage building as generally shown on the Yacht Club Master Plan map. The maximum lot
coverage (impervious surface) is 20 percent. The lot previous to the unauthorized paving exceeded
the 20 percent figure. The area that was paved is used for boat storage. The surface before paving
was compacted gravel resulting in little saturation of rain water.
A previous permit for paving another part of the boat parking lot was approved by the city and the
DNR. A storm water siltation basin was constructed as a mitigation to the paving. As a part of this
permit review, the city engineer will review the siltation basin to make sure it is working as intended.
A second improvement that occurred without the proper city review was the construction of a 24" tall
deck off the east side (between the club home and the river) of a club house. The
bluffland/shoreland regulations require a 100 foot setback from the ordinary high water mark and 40
feet from the bluffline. The deck is located up to the edge of the river bank (bluff) and 20 feet from
the water's edge. A light color 8 foot fence has also been constructed enclosing the club and pool
area from the parking area (see map).
The 24" tall deck has minimal visual impact from the river. The fence is visible from the river but not
uncharacteristic of a yacht club developments. City codes require secure fencing around swimming
pools.
.review of possible deck alternatives include removal of deck or portion of deck, removal of fence or
I inting of fence or determination that deck is visually inconspicuous as viewed from the river.
Recommendation: Staff recommends that with the removal of 3 foot of deck along the bluff edge
and planting of a low growth 3 foot high evergreen hedge the deck will be inconspicuous as viewed
, from the river. It is also recommended the white or light colored fence be painted brown to match the
color of the clubhouse.
.pproval with Conditions:
1. The siltation basin shall be reviewed and approved by the city engineer to make sure it is effective
as designed as a siltation basin (the basin may need to be enlarged).
2. The clubhouse deck shall be cutback 3 feet from the edge of the bluff and screening evergreen
hedge planted to block the view of the deck from the river as approved by the Community
Development Director.
3. The light colored fence between the clubhouse and rear shall be painted brown to match the
clubhouse color.
Attachments:
Mn DNR letter of 5-6-97
Application
Yacht Club Master Plan Map.
.
.
.
.
i.
PETITION FOR LOCAL IMPROVEMENT/ORDINANCE VARIANCES
Stillwater, Minnesota
April 22, 1997
TO: THE CITY COUNCIL OF STILLWATER, MINNESOTA:
Julianne M. Fiedler, as counsel for Marina Development, Inc., d/b/a Stillwater Yacht
Club (hereinafter "SYC"), Property Identification Numbers 9028-0020, 10690-2150 and 11999-
2300, hereby petitions, pursuant to Minn. Chap. 429 and the City of Stillwater ordinances,
for the following:
(1) the issuance of a permit and after-the-fact approval of the existing deck structure on
SYC's property, as more fully illustrated on the attached plat drawing; and
(2) the issuance of an Order/Variance, in accordance with the City of Stillwater
ordinances, granting approval of the existing impervious surface coverage areas, as indicated on
the attached plat drawing.
Respectfully submitted,
FIEDLER LAW OFFICE, P .A.
.~2~
Julia e M. Fiedler, #215909
Att ney for Plaintiff
13 Fifth Street S.E., Suite 326
Minneapolis, Minnesota 55414
(612) 379-3616
cc:
Mr. Daniel B. Hawkes, Stillwater Yacht Club
Mr. Maurice J. Wagener, Marina Development, Inc.
, APR-22-97 rUE 15:46 MORRIES BROOKLYN PARK FAX NO. o1~IHI:iO(jO
FROM : FIEIX..ER lAJ OFFICE lE...: 612 379 3617 APR. 22. 1997
---!4!E!.!:..997 ._~.: ~1 4300918 c:nv a: Sl"ILLWATER
.
.
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4:46 PM P 1
PAGE 81
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:sTRATION FORM
AC110N UQVlSTED,
COMMUNITY DEv&..orM>>tt Dltl"AAnmNT _ ~ ofCompllanac
CITY OF' STILL W AnR _ CondWOD81 or spcoial Vae ?et.aUl
216 NORTR rot1RTH STREET _ Dalp 1(eVl~
STILLWATER, MN 5508~ _ Planned Unit D$Velo~nt
-L VJdaM.
_ ~eoaive l'lan A.u:\erHJment
VIA J'ACSIMILX _ ZoQinJAutend1nent
PERMIT lIEE TO BR PAID AT 4/23/97 MEETING _ SubdMslon
_ kuubdlviBioD
'total PeG
J'E~u,
110-
$70/17Q
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11 QQt-SSO lilt
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Tbe appUe.llnt II reapoll.lble for' the CllJJ1I)'Iletmeu "nd al:curuy oran fol'b1' aQd supporlfne Jb.terl.1
IDbmltted iu eGbJl.ttion with any applkatlbn.
PROPER.TY IDEN1'IJl'ICATION
Address ofProjoct" 42.2 E. Mulbel:'r.Y Sl:. Assessor's Paau! NQ. --$(" p P..H ~i..fi"q
Zonlng DistrioL DMcdptioD Qt'ProJ~t. After-t'fu,,-fn..t ApP"a1TA'J ?f A'q.f rt1M8 deall
struetu1;e: iQsu~ca of Ot:4ee1VRl"1.11nl't' S...."t-.h.K "P9l:~.al '9f Qlds!ling :ba,erv! 8
5urfacQ coYarag~ ou
IIJ hI,.,by rIot, flu jprttolng 6kltMl4'I1h and all dtzta, inform(llkJlf 4ttd mdtnc~ IUbmiJ/ed heJ'k.'Wlth In all .~<
..l"~Bd.r, '0 the bur 01 my knDWfedg. Qnd be1lft It'll' Qnd correcl. J fiirlhBr certffy 1 will comply With 1M "rmlt
if(t II f?1J1f"d and used. "
Ineot R.e.p~tlv~ Jul:fen~e N. 'FiPtll&r, RAq.M.lIlna
B Ad~$ DB F'Ht:q StroqT 1;'/ T1' , q"" tQ 3:l6
TeJepbOJ1eNp. (fiU) u9-3616
Dan1al . Haw~eB
Director of OpClrat181'l'll: AND PRO
Lot Size (dimen:lions) _ X_
Land Area
Halaht of Bulldh>gs; StorlC&
PrincIpal
Tow buUdfna floor Arca
~l~. sq. ft.
I'roposed ~ ~ :sq. ft.
PlMd hnpat\'lo\la Area '1. ft.-- IlllpArvious
Surface COVQragA Area 8a tndic8tdd OD attachad
IllADDITIONAl.. ENGlNJU~IUNG coS'rS MA"l( BE EU:QUmED AS J"ART 07 APX>UCA1l0N R,fVIEW Plat
_ sq. ft.
Feet
Iltmd ~19m
Minnesota Department of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul,:MN 551.06-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
Ms. Julianne Fiedler
1313 Fifth Street SE, Suite 326
Minneapolis, MN 55414
RE: DNR Permit No. 79-6214, Stillwater Yacht Club, Lake St. Croix (82-1)
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March 27, 1997
. --.....--..... - --------...-----
Dear Ms. Fiedler:
This is a follow-up to our voice mail conversations regarding the cleanup of the debris left from
the excavation project. You informed me that you will have it taken care of immediately. We're
concerned that rising flood waters that will carry the creosote-treated wooden debris downstream.
We also noticed that the new wall is uniformly about S'landward of the old wall. Please have
your contractor submit in writing exactly what conditions were encountered that required placing
the wall 5 feet landward, instead of the 2 feet that was allowed in the permit. We want to assure
that there is no outside dry storage of the larger boats as you have had in the past. We will stop
by the marina office to inform the marina of our presence.
~
We have not seen any paperwork from the City of Stillwater regarding the status of the ordinance
violations (deck and impervious surface coverage). Please inform us of your timetable to resolve
these issues with the City of Stillwater. If the issues are not resolved in a timely fashion, the
Department will have no choice but to pursue legal action against the City of Stillwater for failure
to properly administer their ordinance.
Please feel free to contact me at 772-7910 if you have any questions.
sZt?~
.(d,v Molly Shodeen
Area Hydrologist
c:
Jim Van Hoven, Lametti and Sons
Ralph Bache, Mulberry Point Yacht Harbor
Stillwater Yacht Club, Peter Coughlin
City of Stillwater, Nile Kriesel and Steve Russell
U.S. Army Corps of Engineers, Ralph Augustin
Washington County Soil & Water Conservation District
Middle St. Croix Water Management Organization
DNR Conservation Officer Wayne Eller
DNR Wildlife, Bob Welch
DNR Fisheries, Dave Zappetillo
O'.;R Intormalion: 612-246-61 :;-. l-lWO-766-6000 . TTY: 612-2l)6-54K-1.. l-XOO-657 -3Y2tJ
DNR Ecological Services, Wayne Barstad
Central Waters, Steve Johnson
Central Waters, Ron Anderson
St. Croix River File
I.
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. APR-22-97 rUE 14: 39
MORRIES BROOKLYN PARK
TEL: 612 379 3617
APR.22.1997 3:37 PH P 1
FROM : F I EIX..ER LAJ OFF I CE
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SENT BY: DNR METRO;
5- 6.97 14:00; 6127727573->
#2/3
4308809;
J\..1~nc~ta nenm:tnlcnt of NatLJptl RCSilllrCeS
etrO alCi's~ZOOWamcr Koaa. St: :Paul, ~~$1O(j-67'))
Telephone: (612) 772.7910 Fax: (612) 772-7977
May 6, 1991
Mr. Steve Russel!
Stillwater City Hall
216 North Fourth
Stillwater. MN 55082
Re: Stillwater Yacht Club After-The.Fact Variance Requests
Dear Mr. Russell:
This letter responds to the public hearing notice we received May I, 1997 to consider a variance
for structure setback. from the river and bluftJine for a deck construction at the blufiline and for an
impervious surface variance for paving beyond the amount allowed by prior variance. These
issues are finally being dealt with by the current managing partners of this manna. The previous
management staff conducted activitie$ lit will, without following State and City procedul'es and
pennit programs. We therefore find ourselves in a situation of considering projects that were
completed several years ago. After-the-fact variance decisions however, are to be made as
though the construction had not yet occurred.
OECK
St~tkm 31.03 Subd.IOO states: In no instance shall the extent to which a structure or sanitary
facility violates a setback standard be increased. Subd. 10 (F) allows decks to be attached
laterally (parallel to the bluftline or river) at the same setback as the substandard structure ifit is
determined to be visually inconspicuous. It is my recollection that the marina also constructed a
privacy fence at the bluffiine. It is unknown if that would fit the test of visually incon!\picuous RS
determined by the Council. It is not likely that the DNR would certify an encroachment upon the
setback area. We have a strong record of not allowing riverward encroachment within the
Riverway District. We would encourage the city to require an alternative location for the deck
that meets the standards of Subd. 10.
l\1PER VlOUS SURFACE CQVERAGE
There is little purpose served in pursuing any kind of restoration for this provision. The pre-
e,osling gravel surface was probably so compacted that it functioned as impervious prior to
paving. As part of the previous variance approval, a sedimentation pond was to be maintained.
The city engineer should look. at the design to determine if the "pond" is adequately sized to
Di'R Illf",m;lIi')'.I: n!}:".)(, (d~'. l.x(lI.l.76t).fiOoo . Try: 1;1:l..'.I.l";.S4l<-1. I liO!) h~7 'l'J'()
;\1"1 f:.Il-II,11 OpPi.'I\\UU1..... I;Jlq.II'~\T
~'ll<1 V.\lu\"~ L\i~I.:!i\il~
... 1""1'111"'..J vU )(.:'..~1.:h~.i 1':'I'~~l'{'I):lU:."ltl~.1
'-~ MlIlIlf\~IIJ\ llf HI'.:: Pfl"l ('ftl'hl,tnH" ~'i\"\"
- SENT BY: DNR METRO;
5- 6.97 14:01; 6127727573 =>
4308809;
#3!3
.
Mr. Steve Russell
May 6, 1997
Page Two
accommodate the additional runoff The goal was to try to reduce overland flow directly into the
river from the paved areas. Ifthe applicant hilS a way of addressing these concerns, we would be
wiJJing to consider a proposal.
If you have any questions, please contact me at 172-7910.
Sincerely,
\\0\\ \ '~\Nll~~
Molly Shodeen
Area Hydrologist
c. Julie Fiedler
Obi Sium
Steve Johnson
Jim Harrison
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JUN, - 02' 97 (MON) 14: 48 WI LKERSON, GUTHMANN &
p, 002
TEL:612-349-2958
:=J
John G. Hoeschler, P.A.
ATl'OI'lHEY
420 Pillsbury Center. 200 South Sixth Street
Minneapolis. Minnesota 55402-1403
612.337.9292 (Fax) 612.337.9220
c
June 2, 1997
Stillwater Mayor and City Council
clo Mr. Steve 'Russell
City Hall
216 North Fourth Street
Stillwater. Minnesota 55082
re: Aiple I Stillwater Yacht Club
Dear Mayor and Council Members:
I represent Frank and Elayne Aiple7 the owners of the: property immediately north of the Stillwater
Yacht Club property. The new owners of the Yacht Club have petitioned the City (or variances for a deck
that is built too close to the river and for excess impervious surface.
I appeared before the Planning Commission to express a separate concern about the debris and
mechanical equipment that is located on Yacht Club property directly adjacent to the Aiple line. We do not
object to the variances as recommended by the staff and Planning Commission. We would request.
however, that you add the following as a further condition to whatever you eventually approve:
That the Yacht Club or its successor in title construct along
tbe Aiple property line a fence sirnila1' to the fence (in size,
design and color) that now surrounds the Yacht Clu.b pool.
Such a fence will hide from the Aiples the jumble of debris and mechanical equipment that is
currently hidden from the Yacht Cub membership and will be consistent with the fence scheme used
elsewhere on the Yacht Club property.
Thank you very much for your consideration and assistance.
Yours very truly,
~~M&
cc: Mr. and Mrs. Frank Aiple
Ms. Julianne Fiedler
C\N!llI~~'_
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AWARD:
.lE:
Bidder
85 E. SEVENTH PLACE, SUITE 100
SAINTPAUL,MN 55101-2143
b 12-223-3000 FAX 612-223-3002
//
~
SPRINGSTED
Public Finance Advisors
$705,000
CITY OF STillWATER, MINNESOTA
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1997A
(BOOK ENTRY ONLY)
NORWEST INVESTMENT SERVICES, INC.
June 3, 1997
Interest
Rates
Price
Moody's Rating: A2
Net Interest True Interest
Cost Rate
$135,037.08 4.7609%
NORWEST INVESTMENT SERVICES, INC.
3.80% 1998
4.25% 1999
4.40% 2000
4.50% 2001
4.60% 2002
4.65% 2003
4.70% 2004
4.75% 2005
4.80% 2006
4.90% 2007
$701,122.50
DAIN BOSWORTH INCORPORATED
.
3.90% 1998
4.10% 1999
4.20% 2000
4.30% 2001
4.40% 2002
4.50% 2003
4.60% 2004
4.70% 2005
4.80% 2006
4.90% 2007
$697,950.00
$134,842.50 4.7673%
SAINT PAUL, MN . MINNEAPOLIS, MN . BROOKFIELD, WI . OVERLAND PARK. KS . WASHINGTON. DC . IOWA CITY. IA
(Continued)
Interest Net Interest ..
True Interest
Bidder Rates Price Cost Rate
CRONIN & COMPANY, INCORPORATED 4.00% 1998 $700,523.25 $136,668.63 4.8196%
4.20% 1999 .
4.40% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.75% 2004
4.80% 2005
4.90% 2006
5.00% 2007
FBS INVESTMENT SERVICES, INC. 4.00% 1998 $699,783.00 $136,720.33 4.8246%
4.20% 1999
4.35% 2000
4.45% 2001
4.55% 2002
4.65% 2003
4.75% 2004
4.80% 2005
4.90% 2006
5.00% 2007
JOHN G. KINNARD & COMPANY 3.75% 1998 $699,430.50 $137,394.50 4.8508%
INCORPORATED 4.20% 1999
4.35% 2000
4.50% 2001
4.60% 2002 .
4.70% 2003
4.75% 2004
4.80% 2005
4.90% 2006
4.95% 2007
JURAN & MOODY, A DIVISION OF 4.00% 1998 $699,642.00 $137,826.75 4.8656%
MILLER, JOHNSON & KUEHN, INC. 4.25% 1999
4.40% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.85% 2005
4.90% 2006
4.95% 2007
DOUGHERTY DAWKINS, INC. 4.00% 1998 $698,739.60 $139,199.15 4.9171%
4.20% 1999
4.40% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006-2007 (Continue.
, . .'. Interest Net Interest True Interest
Bidder Rates Price Cost Rate
PIPER JAFFRAY INC. 3.90% 1998 $700,029.75 $139,495.67 4.9229%
4.30% 1999
. 4.50% 2000
4.60% 2001
4.70% 2002
4.80% 2003
4.85% 2004
4.90% 2005
4.95% 2006
5.00% 2007
BERNARDI SECURITIES, INCORPORATED 4.45% 1998 $697,956.95 $140,827.63 4.9884%
4.60% 1999-2001
4.65% 2002
4.75% 2003
4.80% 2004-2007
-----------------------------------------------------------------------------------------------------------------------------------------------------------------
These Bonds are being reoffered at par.
BBI: 5.67%
Average Maturity: 4.03 Years
.
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.. 85 E. SEVENTH PLACE, SlIlTE 100
SAINT PAUL, ,\IN 55101-2143
612-223-3000 FAX: 612-223-3002
#'
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SPRINGSTED
Public Fi1U1JU:e Advisors
~
$485,000
CITY OF STillWATER, MINNESOTA
GENERAL OBLIGATION IMPROVEMENTS BONDS, SERIES 1997B
AWARD:
(BOOK ENTRY ONLY)
NORWEST INVESTMENT SERVICES, INC.
.lE:
June 3, 1997
Moody's Rating: A2
Bidder
Price
NORWEST INVESTMENT SERVICES, INC.
DAIN BOSWORTH INCORPORATED
I.
Interest
Rates
Net Interest True Interest
Cost Rate
4.25% 1999
4.40% 2000
4.50% 2001
4,60% 2002
4.65% 2003
4.70% 2004
4.75% 2005
4.80% 2006
4.90% 2007
5,00% 2008
$481,726.25
$142,595.63 4.8720%
4.10% 1999
4.20% 2000
4.30% 2001
4.40% 2002
4,50% 2003
4,60% 2004
4.70% 2005
4.80% 2006
4.90% 2007
5.00% 2008
$479,665,00
$142,537,50 4.8806%
(Continued)
SAINT PAUL. MN . MINNEAPOLIS, MN ' BROOKFIELD, WI OVERLAND PARK, KS . WASHINGTON, DC . IOWA CITY. IA
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
FBS INVESTMENT SERVICES, INC. 4.20% 1999 $481,411.00 $143,821.08 4.9148%
4.35% 2000 .
4.45% 2001
4.55% 2002
4.65% 2003
4.75% 2004
4.80% 2005
4.90% 2006
5.00% 2007 -2008
CRONIN & COMPANY, INCORPORATED 4.20% 1999 $481,503.15 $144,137.27 4.9259%
4.40% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.75% 2004
4.80% 2005
4.90% 2006
5.00% 2007 -2008
JOHN G. KINNARD & COMPANY 4.20% 1999 $480,538.00 $144,822.21 4.9561%
I NCORPORA TED 4.35% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.75% 2004
4.80% 2005 .
4.90% 2006
4.95% 2007
5.00% 2008
JURAN & MOODY, A DIVISION OF 4.25% 1999 $480,271.25 $145,543.33 4.9831%
MillER, JOHNSON & KUEHN, INC. 4.40% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.85% 2005
4.90% 2006
4.95% 2007
5.00% 2008
DOUGHERTY DAWKINS, INC. 4.20% 1999 $479,783.25 $146,830.08 5.0296%
4.40% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006-2008
(Continue_ I
"'" ., "'-
Interest
Rates
Price
Net Interest True Interest
Cost Rate
Bidder
BERNARDI SECURITIES,
~ INCORPORATED
4.70% 1999-2000
4.75% 2001-2002
4.80% 2003-2004
4.85% 2005-2008
$479,670.45
PIPER JAFFRAY INC.
4.30% 1999
4.50% 2000
4.60% 2001
4.70% 2002
4.80% 2003
4.85% 2004
4.90% 2005
4.95% 2006
5.00% 2007
5.05% 2008
$480,635.00
These Bonds are being reoffered at par.
.
.
$146,562.88
5.0308%
$147,054.38
5.0333%
BBI: 5.67%
Average Maturity: 6.05 Years
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CERTIFICATION OF MINUTES RELATING TO
$705,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1997A
Issuer: City of Stillwater, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held June 3, 1997, at 7:00
o'clock P.M., at the City Hall, Stillwater, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 97-_
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $705,000 GENERAL OBLIGATION CAPITAL
OUTLAY BONDS, SERIES 1997A
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the bonds referred to in the title of this certificate,
certify that the documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal custody, from
which they have been transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of said corporation,
and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to
said bonds; and that said meeting was duly held by the governing body at the time
and place and was attended throughout by the members indicated above, pursuant
to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer June 3, 1997.
City Clerk
It was reported that _ sealed proposals for the purchase of $705,000
General Obligation Capital Outlay Bonds, Series 1997 A, were received prior to 11:00
a.m., pursuant to the Official Statement distributed to potential purchasers of the
Bonds by Springsted Incorporated, financial consultants to the Issuer. The proposals
have been publicly opened, read and tabulated and were found to be as follows:
See Attached
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Councilmember introduced the following resolution and moved
its adoption, which motion was seconded by Councilmember
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $705,000 GENERAL OBLIGATION CAPITAL
OUTLAY BONDS, SERIES 1997 A
BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. This Council, by resolution adopted on May 6,
1997, authorized the issuance and public sale of $705,000 General Obligation Capital
Outlay Bonds, Series 1997 A (the Bonds) of the Issuer to finance capital outlay
purchases and expenditures for various departments of the Issuer (collectively, the
Project), all pursuant to the provisions of Minnesota Statutes, Chapter 475 and
Sections 10.05 and 10.06 of the City Charter.
1.02. Sale. Pursuant to the Terms of Proposal and the Official
Statement prepared on behalf of the Issuer by Springsted Incorporated, sealed
proposals for the purchase of the Bonds were received at or before the time specified
for receipt of proposals. The proposals have been opened, publicly read and
considered and the purchase price, interest rates and net interest cost under the
terms of each proposal have been determined. The most favorable proposal
received is that of
of , , and associates (the Purchaser), to
purchase the Bonds at a price of $ plus accrued interest on
all Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser
and the Mayor and City Clerk are hereby authorized and directed to execute a
contract on behalf of the Issuer for the sale of the Bonds in accordance with the
terms of the proposal. The good faith deposit of the Purchaser shall be retained and
deposited by the Issuer until the Bonds have been delivered, and shall be deducted
from the purchase price paid at settlement.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, now existing, having happened and having been performed, it is
now necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The
Bonds shall be originally dated as of July I, 1997, shall be in the denomination of
$5,000 each, or any integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, and shall bear interest from date
of issue until paid or duly called for redemption at the annual rates set forth
opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
1998 $ 60,000 2003 $60,000
1999 135,000 2004 55,000
2000 105,000 2005 35,000
2001 100,000 2006 35,000
2002 90,000 2007 30,000
The Bonds shall be'issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond, the principal amount thereof shall be payable by
check or draft issued by the Registrar described herein; provided that, so long as the
Bonds are registered in the name of a securities depository, or a nominee thereof, in
accordance with Section 2.07 hereof, principal and interest shall be payable in
accordance with the operational arrangements of the securities depository. Interest
shall be computed on the basis of a 360 day year composed of twelve 30 day months.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the
Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange
pursuant to Section 2.06, the date of authentication shall be noted on each Bond so
delivered, exchanged or transferred. Interest on the Bonds shall be payable on each
February 1 and August I, commencing February I, 1998, to the owners of record
thereof as of the close of business on the fifteenth day of the immediately preceding
month, whether or not such day is a business day.
2.04. Redemption. Bonds maturing in 2006 and later years shall be
subject to redemption and prepayment at the option of the Issuer, in whole or in
part, in such order of maturity dates as the Issuer may select and within a maturity
by lot as selected by the Registrar (or, if applicable, by the bond depository in
accordance with its customary procedures) in multiples of $5,000, on February I,
2005, and on any date thereafter, at a price equal to the principal amount thereof and
accrued interest to the date of redemption. The Clerk shall cause notice of the call
for redemption thereof to be published as required by law, and at least thirty days
prior to the designated redemption date, shall cause notice of call for redemption to
be mailed, by first class mail, to the registered holders of any Bonds to be redeemed
-2-
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.
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at their addresses as they appear on the bond register described in Section 2.06
hereof, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by
such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,
become due and payable at the redemption price therein specified and from and
after such date (unless the Issuer shall default in the payment of the redemption
price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the owner
without charge, representing the remaining principal amount outstanding.
2.05. Appointment of Initial Registrar. The Issuer hereby appoints
in , Minnesota, as the initial bond registrar, transfer agent and
paying agent (the Registrar). The Mayor and Clerk are authorized to execute and
deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation
is a bank or trust company authorized by law to conduct such business, such
corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay
the reasonable and customary charges of the Registrar for the services performed.
The Issuer reserves the right to remove the Registrar upon thirty days' notice and
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
-3-
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly canceled by the Registrar and thereafter disposed
of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat
the person in whose name any Bond is at any time registered in the bond
register as the absolute owner of the Bond, whether the Bond shall be
overdue or not, for the purpose of receiving payment of or on account of, the
principal of and interest on the Bond and for all other purposes; and all
payments made to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon Bond to the
extent of the sum or sums so paid.
.
(g) Taxes. Fees and Char3'es. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
(h) Mutilated. Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the Issuer and the Registrar shall be
named as obligees. All Bonds so surrendered to the Registrar shall be
-4-
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canceled by it and evidence of such cancellation shall be given to the Issuer. If
the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision I, as amended.
2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clerk and shall be executed on behalf of the
Issuer by the signatures of the Mayor and the Clerk, provided that the signatures
may be printed, engraved or lithographed facsimiles of the originals. In case any
officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this Resoluti"on unless and until a certificate of authentication on the Bond
has been duly executed by the manual signature of an authorized representative of
the Registrar. Certificates of authentication on different Bonds need not be signed by
the same representative. The executed certificate of authentication on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been prepared, executed and authenticated, the
Finance Director shall deliver them to the Purchaser upon payment of the purchase
price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the
following terms shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond,
the person in whose name such Bond is recorded as the beneficial owner of such
Bond by a Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
York.
"DTC" shall mean The Depository Trust Company of New York, New
"Participant" shall mean any broker-dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
-5-
"Representation Letter" shall mean the Representation Letter pursuant
to which the sender agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each
stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds
shall be registered in the bond register in the name of Cede & Co., as nominee of
DTC. The Registrar and the Issuer may treat DTC (or its nominee) as the sole and
exclusive owner of the Bonds registered in its name for the purposes of payment of
the principal of or interest on the Bonds, selecting the Bonds or portions thereof to
be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all
other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected
by any notice to the contrary. Neither the Registrar nor the Issuer shall have any
responsibility or obligation to any Participant, any person claiming a beneficial
ownership interest in the Bonds under or through DTC or any Participant, or any
other person which is not shown on the bond register as being a registered owner of
any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with re-spect to the payment by DTC or any Participant of any amount
with respect to the principal of or interest on the Bonds, with respect to any notice
which is permitted or required to be given to owners of Bonds under this
resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect
to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the
Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede & Co. in accordance with DTC's
Operational Arrangements, and all such payments shall be valid and effective to
~.:]y satisfy and discharge the I.ssuer's ctiigations "'lith respect to the principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other
than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the Issuer to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the Bonds will be
transferable to such new nominee in accordance with paragraph (e) hereof.
(c) In the event the Issuer determines that it is in the best interest of
the Beneficial Owners that they be able to obtain Bonds in the form of bond
certificates, the Issuer may notify DTC and the Registrar, whereupon DTC shall
notify the Participants of the availability through DTC of Bonds in the form of
certificates. In such event, the Bonds will be transferable in accordance with
paragraph (e) hereof. DTC may determine to discontinue providing its services with
respect to the Bonds at any time by giving notice to the Issuer and the Registrar and
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discharging its responsibilities with respect thereto under applicable law. In such
event the Bonds will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by
the Mayor or Clerk is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted
under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished
upon receipt by the Registrar of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with
the provisions of this resolution. In the event Bonds in the form of certificates are
issued to owners other than Cede & Co., its successor as nominee for DTC as owner
of all the Bonds, or another securities depository as owner of all the Bonds, the
provisions of this resolution shall also apply to all matters relating thereto,
including, without limitation, the printing of such Bonds in the form of bond
certificates and the method of payment of principal of and interest on such Bonds in
the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 1997A
Interest Rate
Date of Original Issue
Maturity Date
CUSIP No.
July 1, 1997
REGISTERED OWNER: CEDE & CO.
PRINCIP AL AMOUNT:
THE CITY OF STILLWATER, COUNTY OF WASHINGTON, MINNESOTA
(the Issuer), acknowledges itself to be indebted and hereby promises to pay to the
registered owner named above, or registered assigns, the principal sum specified
above on the maturity date specified above with interest thereon from the date
hereof at the annual rate specified above, payable on February 1 and August 1 in
each year, commencing February 1, 1998 to the person in whose name this Bond is
registered at the close of business on the fifteenth day (whether or not a business
day) of the immediately preceding month, all subject to the provisions referred to
herein with respect to the redemption of the principal of this Bond before maturity.
Interest hereon shall be computed on the basis of a 360-day year composed of twelve
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30-day months. The interest hereon and, upon presentation and surrender hereof,
the principal hereof are payable in lawful money of the United States of America by
check or draft by , in , Minnesota, as Bond
Registrar, Transfer Agent and Paying Agent (the Registrar), or its designated
successor under the Resolution described herein. For the prompt and full payment
of such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $705,000
issued pursuant to a resolution adopted by the City Council on June 3, 1997 (the
Resolution) to finance capital outlay purchases and expenditures for various
departments of the Issuer and is issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapter 475, and the Charter of the Issuer. The Bonds are
issuable only in fully registered form, in denominations of $5,000 or any integral
multiple thereof, of single maturities.
Bonds maturing in 2006 and later years are each subject to redemption and
prepayment at the 'option of the Issuer, in whole or in part, in such order of
maturity dates as the Issuer may select and, within a maturity, by lot as selected by
the Registrar (or, if applicable, by the bond depository in accordance with its
customary procedures) in multiples of $5,000 on February I, 2005, and on any date
thereafter, at a price equal to the principal amount thereof plus interest accrued to
the date of redemption. The Issuer will cause notice of the call for redemption to be
published as required by law and, at least thirty days prior to the designated
redemption date, will cause notice of the call thereof to be mailed by first class mail
to the registered owner of any Bond to be redeemed at the owner's address as it
appears on the bond register maintained by the Registrar, but no defect in or failure
to give such mailed notice of redemption shall affect the validity of proceedings for
the redemption of any Bond not affected by such defect or failure. Official notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the redemption
price therein specified, and from and after such date (unless the Issuer shall default
in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
As provided in the Resolution and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the Issuer at the principal office
of the Registrar, by the registered owner hereof in person or by the owner's attorney
duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
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owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Bonds have been designated by the Issuer as "qualified tax-exempt
obligations" pursuant to Section 265(b )(3) of the Internal Revenue Code of 1986.
The Issuer and the Registrar may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof, whether this Bond is overdue
or not, for the purpose of receiving payment and for all other purposes, and neither
the Issuer nor the Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is
registered in the name of Cede & Co., as nominee of The Depository Trust
Company, or in the name of any other nominee of The Depository Trust Company
or other securities depository, the Registrar shall pay all principal of and interest on
this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or
other nominee in accordance with the operational arrangements of The Depository
Trust Company or other securities depository as agreed to by the Issuer.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that.all
acts, conditions and things required by the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation
of the Issuer in accordance with its terms, have been done, do exist, have happened
and have been performed as so required; that, prior to the issuance hereof, the City
Council has by the Resolution covenanted and agreed to levy ad valorem taxes on
all taxable property in the Issuer, which will be collectible for the years and in
amounts sufficient to produce sums not less than five percent in excess of the
principal of and interest on the Bonds when due, and has appropriated such ad
valorem taxes to its General Obligation Capital Outlay Bonds, Series 1997 A Bond
Fund for the payment of such principal and interest; that if necessary for payment of
such principal and interest, additional ad valorem taxes are required to be levied
upon all taxable property in the Issuer, without limitation as to rate or amount; that
the issuance of this Bond, together with all other indebtedness of the Issuer
.outstanding on the date hereof and on the date of its actual issuance and delivery,
does not cause the indebtedness of the Issuer to exceed any constitutional, charter or
statutory limitation of indebtedness; and that the opinion printed hereon is a full
and correct copy of the legal opinion given by Bond Counsel with reference to the
Bonds, dated as of the date of original delivery of the Bonds.
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This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Stillwater, County of Washington,
Minnesota, by its City Council, has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be
dated as of the date set forth below.
CITY OF STILLWATER, MINNESOTA
(facsimile signature - City Clerk)
(facsimile signature - Mayor)
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This is one of the Bonds delivered pursuant to the Resolution mentioned
within.
, as Registrar
By
Authorized Representative
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 the applicable
laws or regulations:
TEN COM -- as tenants
in common
UTM.A..... ............................ as Custodian for...................
(Cust) (Minor)
under Uniform Transfers to Minors Act ...... (State)
TEN ENT -- as tenants
by the entireties
JT TEN --
as joint tenants with right of survivorship and not as tenants in
common
Additional abbreviations may also be used.
ASSIGNMENT
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said
Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or
any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the
requirements of the Bond Registrar, which requirements include membership or
participation in STAMP or such other "signature guaranty program" as may be
determined by the Bond Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
Section 3. General Obligation Capital Outlay Bonds. Series 1997 A
Construction Fund. There is hereby established on the official books and records of
the Issuer a General Obligation Capital Outlay Bonds, Series 1997 A Construction
Fund (the Construction Fund), and the Finance Director shall continue to maintain
the Construction Fund until payment of all costs and expenses incurred in
connection with the construction of the Projects have been paid. To the
Construction Fund there shall be credited from the proceeds of the Bonds, exclusive
of unused discount and accrued interest, an amount equal to the estimated cost of
the Project and from the Construction Fund there shall be paid all construction costs
and expenses. There shall also be credited to the Construction Fund all ad valorem
taxes collected with respect to the Project, until all costs of the Project have been
fully paid. After payment of all construction costs, the Construction Fund shall be
discontinued and any Bond proceeds remaining therein shall be credited to the
General Obligation Capital Outlay Bonds, Series 1997 A Bond Fund of the Issuer.
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Section 4. General Obligation Capital Outlay Bonds, Series 1997 A Bond
Fund. So long as any of the Bonds are outstanding and any principal of or interest
thereon unpaid, the Finance Director shall maintain a separate debt service fund on
the official books and records of the Issuer to be known as the General Obligation
Capital Outlay Bonds, Series 1997 A Bond Fund (the Bond Fund), and the principal
of and interest on the Bonds shall be payable from the Bond Fund. The Issuer
irrevocably appropriates to the Bond Fund (a) any amount in excess of $697,950
received from the Purchaser; (b) any amounts remaining in the Construction Fund
after payment of all costs of the Project; (c) all taxes levied and collected in
accordance with this Resolution; and (d) all other moneys as shall be appropriated by
the City Council to the Bond Fund from time to time. If the balance in the Bond
Fund is at any time insufficient to pay all interest and principal then due on all
Bonds payable therefrom, the payment shall be made from any fund of the Issuer
which is available for that purpose, subject to reimbursement from the Bond Fund
when the balance therein is sufficient, and the City Council covenants and agrees
that it will each year levy a sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory limitation.
Section 5. Pledge of Taxing Powers. For the prompt and full payment
of the principal of and interest on the Bonds as such payments respectively become
due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are
hereby irrevocably pledged. In order to produce aggregate amounts which will
produce amounts not less than 5% in excess of the amounts needed to meet when
due the principal and interest payments on the Bonds, ad valorem taxes are hereby
levied on all taxable property in the Issuer. The taxes will be levied and collected in
the following years and amounts:
Levy Years
Collection Years
Amoun t
1997-2005
1998-2006
See attached Levy Computation
The taxes shall be irrepealable as long as any of the Bonds are outstanding and
unpaid, provided that the Issuer reserves the right and power to reduce the tax
levies in accordance with the provisions of Minnesota Statutes, Section 475.61.
Section 6. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
Resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
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Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal and
interest to become due thereon to maturity or earlier designated redemption date.
Section 7. Certification of Proceedings.
7.01. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Washington County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's-bond register and the tax required by law has been levied.
7.02. Authentication of Transcript. The officers of the Issuer and the
County Auditor are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all
proceedings and records relating to the Bonds and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and
marketability of the Bonds, as the same appear from the books and records in their
custody and control or as otherwise known to them, and all such certified copies,
affidavits and certificates, including any heretofore furnished, shall be deemed
representations of the Issuer as to the correctness of all statements contained
therein.
7.03. Official Statement. The Official Statement relating to the Bonds,
dated May 20, 1997, and the supplement thereto, relating to the Bonds prepared and
distributed by Springsted Incorporated, the financial consultant for the Issuer, is
hereby approved. Springsted Incorporated, is hereby authorized on behalf of the
Issuer to prepare and distribute to the Purchaser within seven business days from
the date hereof, a supplement to the Official Statement listing the offering price, the
interest rates, selling compensation, delivery date, the underwriters and such other
information relating to the Bonds required to be included in the Official Statement
by Rule l5c2-12 adopted by the Securities and Exchange Commission (the SEC) under
the Securities Exchange Act of 1934. The officers of the Issuer are hereby authorized
and directed to execute such certificates as may be appropriate concerning the
accuracy, completeness and sufficiency of the Official Statement.
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Section 8. Tax Covenants; Arbitrage Matters; Reimbursement and
Continuing Disclosure.
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8.01. General Tax Covenant. The Issuer covenants and agrees with
the registered owners of the Bonds that it will not take, or permit to be taken by any
of its officers, employees or agents, any actions that would cause interest on the
Bonds to become includable in gross income of the recipient under the Internal
Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations
(the Regulations), and covenants to take any and all actions within its powers to
ensure that the interest on the Bonds will not become includable in gross income of
the recipient under the Code and the Regulations. In particular, the Issuer
covenants and agrees that all proceeds of the Bonds deposited in the Construction
Fund will be expended solely for the payment of the costs of the Project or other
similar capital outlay purchases and expenditures. All property so financed will be
owned and maintained by the Issuer and used in its governmental operations. The
Issuer shall not enter into any lease, use or other agreement with any
non-governmental person relating to the use of the property comprising the Project
or security for the payment of the Bonds which might cause the Bonds to be
considered "private activity bonds" or "private loan bonds" pursuant to Section 141
of the Code.
8.02. Certification. The Mayor and Clerk being the officers of the Issuer
charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in
accordance with the provisions of Section 148 of the Code, and applicable
Regulations, stating the facts, estimates and circumstances in existence on the date of
issue and delivery of the Bonds which make it reasonable to expect that the proceeds
of the Bonds will not be used in a maTh.'1er that wodd cause the Bonds to be
" l' , ." .,. h ., 1... C' , n l'
aroltn.ge oonds \'v'ltnm t e meanmg or tHe oete 2-nG l\.egu atlOns.
.
8.03. Arbitrage Rebate Exemption. It is hereby found that the Issuer has
general taxing powers, that no Bond is a "private activity bond" within the meaning
of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to
be used for local governmental activities of the Issuer, and that the aggregate face
amount of all tax-exempt obligations (other than private activity bonds) issued by
the Issuer and all subordinate entities thereof during the year 1997 is not reasonably
expected to exceed $5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the
Code, the Issuer shall not be required to comply with the arbitrage rebate
requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
8.04. Oualified Tax-Exempt Obligations. The City Council hereby
designates the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b )(3) of the Code relating to the disallowance of interest expense for financial
institutions, and hereby finds that the reasonably anticipated amount of qualified
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tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which
will be issued by the Issuer and all subordinate entities during calendar year 1997
does not exceed $10,000,000.
8.05. Reimbursement. The Issuer certifies that the proceeds of the
Bonds will not be used by the Issuer to reimburse itself for any expenditure with
respect to the Project which the Issuer paid or will have paid more than 60 days
prior to the issuance of the Bonds unless, with respect to such prior expenditures,
the Issuer shall have made a declaration of official intent which complies with the
provisions of Section 1.150-2 of the Regulations; provided that this certification shall
not apply (i) with respect to certain de minimis expenditures, if any, with respect to
the Project meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or
(ii) with respect to "preliminary expenditures" for the Project as defined in Section
1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and
similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue
price" of the Bonds.
8.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide
for the public avairability of certain information relating to the Bonds and the
security therefor and to permit the original purchaser and other participating
underwriters in the primary offering of the Bonds to comply with amendments to
Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17
c.P.R. 9 240.15c2-12), relating to continuing disclosure (as in effect and interpreted
from time to time, the Rule), which will enhance the marketability of the Bonds,
the Issuer hereby makes the following covenants and agreements for the benefit of
the Owners (as hereinafter defined) from time to time of the Outstanding Bonds.
The Issuer is the only "obligated person" in respect of the Bonds within the
meaning of the Rule for purposes of identifying the entities in respect of which
continuing disclosure must be made. If the Issuer fails to comply with any
provisions of this section, any person aggrieved thereby, including the Owners of
any Outstanding Bonds, may take whatever action at law or in equity may appear
necessary or appropriate to enforce performance and observance of any agreement
or covenant contained in this section, including an action for a writ of mandamus
or specific performance. Direct, indirect, consequential and punitive damages shall
not be recoverable for any default hereunder to the extent permitted by law.
Notwithstanding anything to the contrary contained herein, in no event shall a
default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, "Owner" or "Bondowner"
means, in respect of a Bond, the registered owner or owners thereof appearing in the
bond register maintained by the Registrar or any "Beneficial Owner" (as hereinafter
defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such
beneficial ownership in form and substance reasonably satisfactory to the Registrar.
As used herein, "Beneficial Owner" means, in respect of a Bond, any person or
entity which (i) has the power, directly or indirectly, to vote or consent with respect
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to, or to dispose of ownership of, such Bond (including persons or entities holding
Bonds through nominees, depositories or other intermediaries), or (ii) is treated as
the owner of the Bond for federal income tax purposes.
.
(b) Information To Be Disclosed. The Issuer will provide, in the manner set forth
in subsection (c) hereof, either directly or indirectly through an agent designated by
the Issuer, the following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the Issuer,
commencing with the fiscal year ending June 30, 1997, the following financial
information and operating data in respect of the Issuer (the Disclosure Information):
(A) the audited financial statements of the Issuer for such fiscal year,
accompanied by the audit report and opinion of the accountant or
government auditor relating thereto, as permitted or required by the laws of
the State of Minnesota, containing balance sheets as of the end of such fiscal
year and a statement of operations, changes in fund balances and cash flows
for the fiscal year then ended, showing in comparative form such figures for
the preceding fiscal year of the Issuer, prepared in-accordance with generally
accepted accounting principles promulgated by the Financial Accounting
Standards Board as modified in accordance with the governmental
accounting standards promulgated by the Governmental Accounting
Standards Board or as otherwise provided under Minnesota law, as in effect
from time to time, or, if and to the extent such financial statements have not
been prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the Issuer, noting the
discrepancies therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the Issuer; and
.
(B) To the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period
most recently available of the type contained in the Official Statement under
headings: City Property Values, City Indebtedness; City Tax Rates, Levies and
Collections; Funds on Hand; Building Permits; and General Fund Budget
Summary, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements
are not available by the date specified, the Issuer shall provide on or before
such date unaudited financial statements in the format required for the
audited financial statements as part of the Disclosure Information and, within
10 days after the receipt thereof, the Issuer shall provide the audited financial
statements. Any or all of the Disclosure Information may be incorporated by
reference, if it is updated as required hereby, from other documents, including
official statements, which have been submitted to each of the repositories
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hereinafter referred to under subsection (b) or the SEe. If the document
incorporated by reference is a final official statement, it must be available
from the Municipal Securities Rulemaking Board. The Issuer shall clearly
identify in the Disclosure Information each document so incorporated by
reference. If any part of the Disclosure Information can no longer be
generated because the operations of the Issuer have materially changed or
been discontinued, such Disclosure Information need no longer be provided
if the Issuer includes in the Disclosure Information a statement to such effect;
provided, however, if such operations have been replaced by other Issuer
operations in respect of which data is not included in the Disclosure
Information and the Issuer determines that certain specified data regarding
such replacement operations would be a Material Fact (as defined in
paragraph (3) hereof), then, from and after such determination, the Disclosure
Information shall include such additional specified data regarding the
replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b )(1), then the Issuer shall
include in the next Disclosure Information to be delivered hereunder, to the
extent necessary, an explanation of the reasons for the amendment and the
effect of any"change in the type of financial information or operating data
provided.
(2) In a timely manner, notice of the occurrence of any of the following
events which is a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
securities; and
(K) Rating changes.
As used herein, a "Material Fact" is a fact as to which a substantial likelihood
exists that a reasonably prudent investor would attach importance thereto in
deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the
total information otherwise available to an investor from the Official Statement,
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information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, a "Material Fact" is also an event that
would be deemed "material" for purposes of the purchase, holding or sale of a Bond
within the meaning of applicable federal securities laws, as interpreted at the time of
discovery of the occurrence of the event.
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(3) In a timely manner, notice of the occurrence of any of the following
events or conditions:
(A) the failure of the Issuer to provide the Disclosure Information required
under paragraph (b)(l) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection
(d), together with a copy of such amendment or supplement and any
explanation provided by the Issuer under subsection (d)(2);
(C) the termination of the obligations of the Issuer under this section
pursuant to subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information or the
audited financial statements, if any, furnished pursuant to subsection (b )(2) or
(3) are prepared; and
(E) any change in the fiscal year of the Issuer.
(c) Manner of Disclosure. The Issuer agrees to make available the information
described in subsection (b) to the following entities by telecopy, overnight delivery,
mail or other means, as appropriate:
.
(1) the information described in paragraphs (I), (2) and (3) of subsection (b),
to each then nationally recognized municipal securities information repository
under the Rule and to any state information depository then designated or operated
by the State of Minnesota as contemplated by the Rule (the State Depository), if any;
and
(2) the information described in subsection (b), to any rating agency then
maintaining a rating of the Bonds and, at the expense of such Bondowner, to any
Bondowner who requests in writing such information, at the time of transmission
under paragraph (1) of this subsection (c), or, if such information is transmitted with
a subsequent time of release, at the time such information is to be released.
(d) Term; Amendments; Interpretation.
(1) The covenants of the Issuer in this section shall remain in effect so long
as any Bonds are Outstanding. Notwithstanding the preceding sentence, however,
the obligations of the Issuer under this section shall terminate and be without
further effect as of any date on which the Issuer delivers to the Registrar an opinion
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of Bond Counsel to the effect that, because of legislative action or final judicial or
administrative actions or proceedings, the failure of the Issuer to comply with the
requirements of this section will not cause participating underwriters in the primary
offering of the Bonds to be in violation of the Rule or other applicable requirements
of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory
thereto or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure
Information) may be amended or supplemented by the Issuer from time to time,
without notice to (except as provided in paragraph (c)(3) hereof) or the consent of
the Owners of any Bonds, by a resolution of this Council filed in the office of the
recording officer of the Issuer accompanied by an opinion of Bond Counsel, who
may rely on certificates of the Issuer and others and the opinion may be subject to
customary qualifications, to the effect that: (i) such amendment or supplement (a) is
made in connection with a change in circumstances that arises from a change in law
or regulation or a change in the identity, nature or status of the Issuer or the type of
operations conducted by the Issuer, or (b) is required by, or better complies with, the
provisions of paragraph (b )(5) of the Rule; (ii) this section as so amended or
supplemented would have complied with the requirements of paragraph (b )(5) of
the Rule at the time of the primary offering of the Bonds, giving effect to any change
in circumstances applicable under clause (i) (a) and assuming that the Rule as in
effect and interpreted at the time of the amendment or supplement was in effect at
the time of the primary offering; and (iii) such amendment or supplement does not
materially impair the interests of the Bondowners under the Rule. If the Disclosure
Information is so amended, the Issuer agrees to provide, contemporaneously with
the effectiveness of such amendment, an explanation of the reasons for the
amendment and the effect, if any, of the change in the type of financial information
or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure
provisions of the Rule and should be construed so as to satisfy the requirements of
paragraph (b )(5) of the Rule.
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Adopted this 3rd day of June, 1997.
Attest:
City Clerk
Approved:
Mayor
Upon 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.
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CERTIFICATION OF MINUTES RELATING TO
$485,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B
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Issuer: City of Stillwater, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held June 3, 1997, at 7:00
o'clock P.M., at the City Hall, Stillwater, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 97-_
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $485,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1997B
.
I, t.he undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been carefully compared with
the original records of said corporation in my legal custody, from which they have
been transcribed; that said documents are a correct and complete transcript of the
minutes of a meeting of the governing body of said corporation, and correct and
complete copies of all resolutions and other actions taken and of all documents
approved by the governing body at said meeting, so far as they relate to said bonds;
and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer June 3, 1997.
City Clerk
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It was reported that _ sealed proposals for the purchase of $485,000
General Obligation Improvement Bonds, Series 1997B were received prior to 11:00
a.m., pursuant to the Official Statement distributed to potential purchasers of the
Bonds by Springsted Incorporated, financial consultants to the Issuer. The proposals
have been publicly opened, read and tabulated and were found to be as follows:
See Attached
Councilmember introduced the following resolution and moved
its adoption, which motion was seconded by Councilmember
.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $485,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1997B
BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. This Council, by resolution duly adopted on May
6, 1997, authorized the issuance and public sale of $485,000 General Obligation
Improvement Bonds, Series 1997B (the Bonds) of the Issuer to finance the
construction of various improvement projects more fully described in the May 6,
1997 resolution (the Projects).
1.02. Sale. Pursuant to the Terms of Proposal and the Official
Statement prepared on behalf of the Issuer by Springsted Incorporated, sealed
proposals for the purchase of the Bonds were received at or before the time specified
for receipt of proposals. The proposals have been opened, publicly read and
considered and the purchase price, interest rates and net interest cost under the
terms of each proposal have been determined. The most favorable proposal
received is that of
In , and associates (the
Purchaser), to purchase the Bonds at a price of $ plus accrued interest
on all Bonds to the day of delivery and payment, on the further terms and
conditions hereinafter set forth.
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1.03. A ward. The sale of the Bonds is hereby awarded to the Purchaser
and the Mayor and City Clerk are hereby authorized and directed to execute a
contract on behalf of the Issuer for the sale of the Bonds in accordance with the
terms of the proposal. The good faith deposit of the Purchaser shall be retained and
deposited by the Issuer until the Bonds have been delivered, and shall be deducted
from the purchase price paid at settlement.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, now existing, having happened and having been performed, it is
now necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
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2.02. Maturities: Interest Rates: Denominations and Payment. The
Bonds shall be originally dated as of July I, 1997, shall be in the denomination of
$5,000 each, or any integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, and shall bear interest from date
of issue until paid or duly called for redemption at the annual rates set forth
opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
1999 $45,000 2004 $50,000
2000 50,000 2005 50,000
2001 50,000 2006 50,000
2002 50,000 2007 45,000
2003 50,000 2008 45,000
The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond, the principal amount thereof shall be payable by
check or draft issued by the Registrar described herein; provided that, so long as the
Bonds are registered in the name of a securities depository, or a nominee thereof, in
accordance with Section 2.07 hereof, principal and interest shall be payable in
accordance with the operational arrangements of the securities depository. Interest
shall be computed on the basis of a 360 day year composed of twelve 30 day months.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the
Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange
pursuant to Section 2.06, the date of authentication shall be noted on each Bond so
delivered, exchanged or transferred. Interest on the Bonds shall be payable on each
February 1 and August I, commencing February I, 1998, to the owners of record
thereof as of the close of business on the fifteenth day of the immediately preceding
month, whether or not such day is a business day.
2.04. Redemption. Bonds maturing in 2006 and later years shall be
subject to redemption and prepayment at the option of the Issuer, in whole or in
part, in such order of maturity dates as the Issuer may select and within a maturity
by lot as selected by the Registrar (or, if applicable, by the bond depository in
accordance with its customary procedures) in multiples of $5,000, on February I,
2005, and on any date thereafter, at a price equal to the principal amount thereof and
accrued interest to the date of redemption. The Clerk shall cause notice of the call
for redemption thereof to be published as required by law, and at least thirty days
prior to the designated redemption date, shall cause notice of call for redemption to
be mailed, by first class mail, to the registered holders of any Bonds to be redeemed
at their addresses as they appear on the bond register described in Section 2.06
hereof, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by
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such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,
become due and payable at the redemption price therein specified and from and
after such date (unless the Issuer shall default in the payment of the redemption
price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the owner
without charge, representing the remaining principal amount outstanding.
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2.05. Appointment of Initial Registrar. The Issuer hereby appoints
in . Minnesota, as the initial bond registrar, transfer agent and
paying agent (the Registrar). The Mayor and Clerk are authorized to execute and
deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation
is a bank or trust company authorized by law to conduct such business, such
corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay
the reasonable and customary charges of the Registrar for the services performed.
The Issuer reserves the right to remove the Registrar upon thirty days' notice and
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
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(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
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one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly canceled by the Registrar and thereafter disposed
of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat
the person in whose name any Bond is at any time registered in the bond
register as the absolute owner of the Bond, whether the Bond shall be
overdue or !tot, for the purpose of receiving payment of or on account of, the
principal of and interest on the Bond and for all other purposes; and all
payments made to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon Bond to the
extent of the sum or sums so paid.
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(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
(h) Mutilated, Lost. Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the Issuer and the Registrar shall be
named as obligees. All Bonds so surrendered to the Registrar shall be
canceled by it and evidence of such cancellation shall be given to the Issuer. If
the mutilated, destroyed, stolen or lost Bond has already matured or been
i.
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called for redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
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(i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision I, as amended.
2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clerk and shall be executed on behalf of the
Issuer by the signatures of the Mayor and the Clerk, provided that the signatures
may be printed, engraved or lithographed facsimiles of the originals. In case any
officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this resolution unless and until a certificate of authentication on the Bond
has been duly executed by the manual signature of an authorized representative of
the Registrar. Certificates of authentication on different Bonds need not be signed by
the same representative. The executed certificate of authentication on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this
resolution. When the Bonds have been prepared, executed and authenticated, the
Finance Director shall deliver them to the Purchaser upon payment of the purchase
price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
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2.08. Securities Depository. (a) For purposes of this section the
following terms shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond,
the person in whose name such Bond is recorded as the beneficial owner of such
Bond by a Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New
York.
"Participant" shall mean any broker-dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant
to which the sender agrees to comply with DTC's Operational Arrangements.
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(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each
stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds
shall be registered in the bond register in the name of Cede & Co., as nominee of
DTC. The Registrar and the Issuer may treat DTC (or its nominee) as the sole and
exclusive owner of the Bonds registered in its name for the purposes of payment of
the principal of or. interest on the Bonds, selecting the Bonds or portions thereof to
be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all
other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected
by any notice to the contrary. Neither the Registrar nor the Issuer shall have any
responsibility or obligation to any Participant, any person claiming a beneficial
ownership interest in the Bonds under or through DTC or any Participant, or any
other person which is not shown on the bond register as being a registered owner of
any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount
with respect to the principal of or interest on the Bonds, with respect to any notice
which is permitted or required to be given to owners of Bonds under this
resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect
to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the
Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede & Co. in accordance with DTC's
Operational Arrangements, and all such payments shall be valid and effective to
fully satisfy and discharge the Issuer's obligations with respect to the principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other
than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the Issuer to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the Bonds will be
transferable to such new nominee in accordance with paragraph (e) hereof.
(c) In the event the Issuer determines that it is in the best interest of
the Beneficial Owners that they be able to obtain Bonds in the form of bond
certificates, the Issuer may notify DTC and the Registrar, whereupon DTC shall
notify the Participants of the availability through DTC of Bonds in the form of
certificates. In such event, the Bonds will be transferable in accordance with
paragraph (e) hereof. DTC may determine to discontinue providing its services with
respect to the Bonds at any time by giving notice to the Issuer and the Registrar and
discharging its responsibilities with respect thereto under applicable law. In such
event the Bonds will be transferable in accordance with paragraph (e) hereof.
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(d) The execution and delivery of the Representation Letter to DTC by
the Mayor or Clerk is hereby authorized and directed.
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(e) In the event that any transfer or exchange of Bonds is permitted
under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished
upon receipt by the Registrar of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with
the provisions of this resolution. In the event Bonds in the form of certificates are
issued to owners other than Cede & Co., its successor as nominee for DTC as owner
of all the Bonds, or another securities depository as owner of all the Bonds, the
provisions of this resolution shall also apply to all matters relating thereto,
including, without limitation, the printing of such Bonds in the form of bond
certificates and the method of payment of principal of and interest on such Bonds in
the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILL WATER
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1997B
Interest Rate
Maturity Date
Date of Original Issue
CUSIP No.
.
REGISTERED OWNER: CEDE & CO.
July I, 1997
PRINCIPAL AMOUNT:
THE CITY OF STILLWATER, COUNTY OF WASHINGTON, MINNESOTA
(the Issuer), acknowledges itself to be indebted and hereby promises to pay to the
registered owner named above, or registered assigns, the principal sum specified
above on the maturity date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on February 1 and August 1 in
each year, commencing February I, 1998, to the person in whose name this Bond is
registered at the close of business on the fifteenth day (whether or not a business
day) of the immediately preceding month, all subject to the provisions referred to
herein with respect to the redemption of the principal of this Bond before maturity.
Interest hereon shall be computed on the basis of a 360-day year composed of twelve
30-day months. The interest hereon and, upon presentation and surrender hereof,
the principal hereof are payable in lawful money of the United States of America by
check or draft by . in , Minnesota, as Bond Registrar, Transfer
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Agent and Paying Agent (the Registrar), or its designated successor under the
Resolution described herein. For the prompt and full payment of such principal
and interest as the same respectively become due, the full faith and credit and taxing
powers of the Issuer have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $485,000,
issued pursuant to a resolution adopted by the City Council on June 3, 1997 (the
Resolution), to finance the costs of local improvements, and is issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota
thereunto enabling, including Minnesota Statutes, Chapters 429 and 475, and the
Charter of the Issuer. The Bonds are issuable only in fully registered form, in
denominations of $5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in 2006 and later years are each subject to redemption and
prepayment at the option of the Issuer, in whole or in part, in such order of
maturity dates as the Issuer may select and, within a maturity, by lot as selected by
the Registrar (or, if applicable, by the bond depository in accordance with its
customary procedures) in multiples of $5,000 on February 1,2005, and on any date
thereafter, at a price equal to the principal amount thereof plus interest accrued to
the date of redemption. The Issuer will cause notice of the call for redemption to be
published as required by law and, at least thirty days prior to the designated
redemption date, will cause notice of the call thereof to be mailed by first class mail
to the registered owner of any Bond to be redeemed at the owner's address as it
appears on the bond register maintained by the Registrar, but no defect in or failure
to give such mailed notice of redemption shall affect the validity of proceedings for
the redemption of any Bond not affected by such defect or failure. Official notice of
redemption having been given as aforesaid! the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the redemption
price therein specified, and from and after such date (unless the Issuer shall default
in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
As provided in the Resolution and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the Issuer at the principal office
of the Registrar, by the registered owner hereof in person or by the owner's attorney
duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
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maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Bonds have been designated by the Issuer as "qualified tax-exempt
obligations" pursuant to Section 265(b )(3) of the Internal Revenue Code of 1986.
The Issuer and the Registrar may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof, whether this Bond is overdue
or not, for the purpose of receiving payment and for all other purposes, and neither
the Issuer nor the Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is
registered in the name of Cede & Co., as nominee of The Depository Trust
Company, or in the name of any other nominee of The Depository Trust Company
or other securities depository, the Registrar shall pay all principal of and interest on
this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or
other nominee in accordance with the operational arrangements of The Depository
Trust Company or other securities depository as agreed to by the Issuer.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation
of the Issuer in accordance with its terms, have been done, do exist, have happened
and have been performed as so required; that, prior to the issuance hereof, the City
Council has by the Resolution covenanted and agreed to levy special assessments
upon property specially benefited by the local improvements financed by the Bonds,
which will be collectible for the years and in amounts sufficient to produce sums not
less than five percent in excess of the principal of and interest on the Bonds of this
issue when due, and has appropriated such special assessments to its General
Obligation Improvement Bonds, Series 1997B Bond Fund for the payment of such
principal and interest; that if necessary for payment of such principal and interest, ad
valorem taxes are required to be levied upon all taxable property in the Issuer,
without limitation as to rate or amount; that the issuance of this Bond, together
with all other indebtedness of the Issuer outstanding on the date hereof and on the
date of its actual issuance and delivery, does not cause the indebtedness of the Issuer
to exceed any constitutional, charter or statutory limitation of indebtedness; and that
the opinion printed hereon is a full, true and correct copy of the legal opinion given
by Bond Counsel with reference to the Bonds, dated as of the date of original
delivery of the Bonds.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
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I.
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Stillwater, County of Washington,
Minnesota, by its City Council, has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be
dated as of the date set forth below.
CITY OF STILL WATER, MINNESOTA
(facsimile signature - City Clerk)
(facsimile signature - Mayor)
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This is one of the Bonds delivered pursuant to the Resolution mentioned
within.
, as Registrar
By
Authorized Representative
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 the applicable
laws or regulations:
TEN COM -- as tenants
in common
UTMA.................. .............. as Custodian for. ..................
(Cust) (Minor)
under Uniform Transfers to Minors Act ...... (State)
TEN ENT -- as tenants
by the entireties
JT TEN -- as joint tenants with right of survivorship and not as tenants in
common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably
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constitute and appoint _ attorney to transfer the said Bond on the books kept for
registration of the within Bond, with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or
any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the
requirements of the Bond Registrar, which requirements include membership or
participation in STAMP or such other "signature guaranty program" as may be
determined by the Bond Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
Section 3. General Obligation Improvement Bonds, Series 1997B
Construction Fund. There is hereby established on the official books and records of
the Issuer a General Obligation Improvement Bonds, Series 1997B Construction
Fund (the Construction Fund), and the Finance Director shall continue to maintain
the Construction Fund until payment of all costs and expenses incurred in
connection with the construction of the Projects have been paid. To the
Construction Fund there shall be credited from the proceeds of the Bonds, exclusive
of unused discount and accrued interest, an amount equal to the estimated cost of
the Projects and from the Construction Fund there shall be paid all construction
costs and expenses. There shall also be credited to the Construction Fund all special
assessments collected with respect to the Projects, until all costs of the Projects have
been fully paid. After payment of all construction costs, the Construction Fund shall
be discontinued and any Bond proceeds remaining therein may be transferred to the
other funds or accounts established for construction of other improvements
instituted pursuant to Minnesota Statutes, Chapter 429. All special assessments on
hand in the Construction Fund when terminated or thereafter received, and any
Bond proceeds not so transferred, shall be credited to the General Obligation
Improvement Bonds, Series 1997B Bond Fund of the Issuer.
Section 4. General Obligation Improvement Bonds, Series 1997B Bond
Fund. So long as any of the Bonds are outstanding and any principal of or interest
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thereon unpaid, the Finance Director shall maintain a separate debt service fund on
the official books and records of the Issuer to be known as the General Obligation
Improvement Bonds, Series 1997B Bond Fund (the Bond Fund), and the principal of
and interest on the Bonds shall be payable from the Bond Fund. The Issuer
irrevocably appropriates to the Bond Fund (a) any amount in excess of $479,665
received from the Purchaser; (b) all taxes and special assessments levied and
collected in accordance with this resolution; and (c) all other moneys as shall be
appropriated by the City Council to the Bond Fund from time to time.
There are hereby established two accounts in the Bond Fund,
designated as the "Debt Service Account" and the "Surplus Account." There shall
initially be deposited into the Debt Service Account upon the issuance of the Bonds
the amount set forth in (a) above. Thereafter, during each Bond Year (i.e., each
twelve month period commencing on February 2 and ending on the following
February I), as monies are received into the Bond Fund, the Finance Director shall
first deposit such monies into the Debt Service Account until an amount has been
appropriated thereto sufficient to pay all principal and interest due on the Bonds
through the end of the Bond Year. All subsequent monies received in the Bond
Fund during the Bond Year shall be appropriated to the Surplus Account. If at any
time the amount on hand in the Debt Service Account is insufficient for the
payment of principal and interest then due, the Finance Director shall transfer to the
Debt Service Account amounts on hand in the Surplus Account to the extent
necessary to cure such deficiency. Investment earnings (and losses) on amounts
from time to time held in the Debt Service Account and Surplus Account shall be
credited or charged to said accounts.
If the aggregate balance in the Bond Fund is at any time insufficient to
pay all interest and principal then due on all Bonds payable therefrom, the payment
shall be made from any fund of the Issuer which is available for that purpose,
subject to reimbursement from the Surplus Account in the Bond Fund when the
balance therein is sufficient, and the City Council covenants and agrees that it will
each year levy a sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory limitation.
Section 5. Special Assessments. The Issuer hereby covenants and
agrees that, for the payment of the cost of the Projects, the Issuer has done or will do
and perform all acts and things necessary for the final and valid levy of special
assessments in an amount not less than 20% of the cost of each of the
improvements financed by the Bonds. The Issuer estimates it will levy special
assessments in the aggregate principal amount of $485,000. It is estimated that the
principal and interest on such special assessments will be levied and collected in the
years and amounts shown on Appendix I attached hereto. In the event any such
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assessment shall at any time be held invalid with respect to any lot or tract of land,
due to any error, defect or irregularity in any action or proceeding taken or to be
taken by the Issuer or by the City Councilor by any of the officers or employees of
the Issuer, either in the making of such assessment or in the performance of any
condition precedent thereto, the Issuer hereby covenants and agrees that it will
forthwith do all such further things and take all such further proceedings as shall be
required by law to make such assessment a valid and binding lien upon said
property.
Section 6. Pledge of Taxing Powers. For the prompt and full payment
of the principal of and interest on the Bonds as such payments respectively become
due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are
hereby irrevocably pledged. It is presently estimated that the collections of the
special assessments levied in accordance with Section 5 hereof, together with
earnings thereon, will produce amounts not less than 5% in excess of the amounts
needed to meet when due the principal and interest payments on the Bonds, and
therefore ad valorem taxes are not required to be levied at this time. Nevertheless,
if the balance in the Bond Fund is at any time insufficient to pay all interest and
principal then due on all Bonds payable therefrom, the payment shall be made from
any fund of the Issuer which is available for that purpose, subject to reimbursement
from the Bond Fund when the balance therein is sufficient, and the City Council
covenants and agrees that it will each year levy a sufficient amount of ad valorem
taxes to take care of any accumulated or anticipated deficiency, which levy is not
subject to any constitutional or statutory limitation.
Section 7. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
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the holder's option on such dates as shall be required to pay all principal and
interest to become due thereon to maturity or earlier designated redemption date.
Section 8. Certification of Proceedings.
8.01. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Washington County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register.
8.02. Authentication of Transcript. The officers of the Issuer and the
County Auditor are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all
proceedings and records relating to the Bonds and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and
marketability of the Bonds, as the same appear from the books and records in their
custody and control or as otherwise known to them, and all such certified copies,
affidavits and certificates, including any heretofore furnished, shall be deemed
representations of the Issuer as to the correctness of all statements contained
therein.
8.03. Official Statement. The Official Statement relating to the Bonds,
dated May 20, 1997, and the supplement thereto, relating to the Bonds prepared and
distributed by Springsted Incorporated, the financial consultant for the Issuer, is
hereby approved. Springsted Incorporated, is hereby authorized on behalf of the
Issuer to prepare and distribute to the Purchaser within seven business days from
the date hereof, a supplement to the Official Statement listing the offering price, the
interest rates, selling compensation, delivery date, the underwriters and such other
information relating to the Bonds required to be included in the Official Statement
by Rule 15c2-12 adopted by the Securities and Exchange Commission (the SEC) under
the Securities Exchange Act of 1934. The officers of the Issuer are hereby authorized
and directed to execute such certificates as may be appropriate concerning the
accuracy, completeness and sufficiency of the Official Statement.
Section 9. Tax Covenants; Arbitrage Matters; Reimbursement and
Continuing Disclosure.
9.01. General Tax Covenant. The Issuer covenants and agrees with the
registered owners of the Bonds that it will not take, or permit to be taken by any of
its officers, employees or agents, any actions that would cause interest on the Bonds
to become includable in gross income of the recipient under the Internal Revenue
Code of 1986, as amended (the Code) and applicable Treasury Regulations (the
Regulations), and covenants to take any and all actions within its powers to ensure
that the interest on the Bonds will not become includable in gross income of the
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recipient under the Code and the Regulations. In particular, the Issuer covenants
and agrees that all proceeds of the Bonds deposited in the Construction Fund will be
expended solely for the payment of the costs of the Projects (or other improvements
authorized pursuant to Chapter 429). All improvements so financed will be owned
and maintained by the Issuer and available for use by members of the general public
on a substantially equal basis. The Issuer shall not enter into any lease, use or other
agreement with any non-governmental person relating to the use of the Projects or
security for the payment of the Bonds which might cause the Bonds to be considered
"private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code.
9.02. Certification. The Mayor and Clerk being the officers of the Issuer
charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in
accordance with the provisions of Section 148 of the Code, and applicable
Regulations, stating the facts, estimates and circumstances in existence on the date of
issue and delivery of the Bonds which make it reasonable to expect that the proceeds
of the Bonds will not be used in a manner that would cause the Bonds to be
"arbitrage bonds" within the meaning of the Code and Regulations.
9.03. Arbitrage Rebate Exemption. It is hereby found that the Issuer has
general taxing powers, that no Bond is a "private activity bond" within the meaning
of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to
be used for local governmental activities of the Issuer, and that the aggregate face
amount of all tax-exempt obligations (other than private activity bonds) issued by
the Issuer and all subordinate entities thereof during the year 1997 is not reasonably
expected to exceed $5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the
Code, the Issuer shall not be required to comply with the arbitrage rebate
requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
9.04. Qualified Tax-Exempt Obligations. The City Council hereby
designates the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b )(3) of the Code relating to the disallowance of interest expense for financial
institutions, and hereby finds that the reasonably anticipated amount of qualified
tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which
will be issued by the Issuer and all subordinate entities during calendar year 1997
does not exceed $10,000,000.
9.05. Reimbursement. The Issuer certifies that the proceeds of the
Bonds will not be used by the Issuer to reimburse itself for any expenditure with
respect to the Projects which the Issuer paid or will have paid more than 60 days
prior to the issuance of the Bonds unless, with respect to such prior expenditures,
the Issuer shall have made a declaration of official intent which complies with the
provisions of Section 1.150-2 of the Regulations; provided that this certification shall
not apply (i) with respect to certain de minimis expenditures, if any, with respect to
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the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or
(ii) with respect to "preliminary expenditures" for the Projects as defined in Section
1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and
similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue
price" of the Bonds.
9.06. . Continuing Disclosure. (a) Purpose and Beneficiaries. To
provide for the public availability of certain information relating to the Bonds and
the security therefor and to permit the original purchaser and other participating
underwriters in the primary offering of the Bonds to comply with amendments to
Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17
c.F.R. 9 240.15c2-12), relating to continuing disclosure (as in effect and interpreted
from time to time, the Rule), which will enhance the marketability of the Bonds,
the Issuer hereby makes the following covenants and agreements for the benefit of
the Owners (as hereinafter defined) from time to time of the Outstanding Bonds.
The Issuer is the only "obligated person" in respect of the Bonds within the
meaning of the Rule for purposes of identifying the entities in respect of which
continuing disclosure must be made. If the Issuer fails to comply with any
provisions of this section, any person aggrieved thereby, including the Owners of
any Outstanding Bonds, may take whatever action at law or in equity may appear
necessary or appropriate to enforce performance and observance of any agreement
or covenant contained in this section, including an action for a writ of mandamus
or specific performance. Direct, indirect, consequential and punitive damages shall
not be recoverable for any default hereunder to the extent permitted by law.
Notwithstanding anything to the contrary contained herein, in no event shall a
default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, "Owner" or "Bondowner"
means, in respect of a Bond, the registered owner or owners thereof appearing in the
bond register maintained by the Registrar or any "Beneficial Owner" (as hereinafter
defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such
beneficial ownership in form and substance reasonably satisfactory to the Registrar.
As used herein, "Beneficial Owner" means, in respect of a Bond, any person or
entity which (i) has the power, directly or indirectly, to vote or consent with respect
to, or to dispose of ownership of, such Bond (including persons or entities holding
Bonds through nominees, depositories or other intermediaries), or (ii) is treated as
the owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The Issuer will provide, in the manner set forth
in subsection (c) hereof, either directly or indirectly through an agent designated by
the Issuer, the following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the Issuer,
commencing with the fiscal year ending June 30, 1997, the following financial
information and operating data in respect of the Issuer (the Disclosure Information):
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(A) the audited financial statements of the Issuer for such fiscal year,
accompanied by the audit report and opinion of the accountant or
government auditor relating thereto, as permitted or required by the laws of
the State of Minnesota, containing balance sheets as of the end of such fiscal
year and a statement of operations, changes in fund balances and cash flows
for the fiscal year then ended, showing in comparative form such figures for
the preceding fiscal year of the Issuer, prepared in accordance with generally
accepted accounting principles promulgated by the Financial Accounting
Standards Board as modified in accordance with the governmental
accounting standards promulgated by the Governmental Accounting
Standards Board or as otherwise provided under Minnesota law, as in effect
from time to time, or, if and to the extent such financial statements have not
been prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the Issuer, noting the
discrepancies therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the Issuer; and
(B) To the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period
most recently available of the type contained in the Official Statement under
headings: City Property Values, City Indebtedness; City Tax Rates, Levies and
Collections; Funds on Hand; Building Permits; and General Fund Budget
Summary, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements
are not available by the date specified, the Issuer shall provide on or before
such date unaudited financial statements in the format required for the
audited financial statements as part of the Disclosure Information and, within
10 days after the receipt thereof, the Issuer shall provide the audited financial
statements. Any or all of the Disclosure Information may be incorporated by
reference, if it is updated as required hereby, from other documents, including
official statements, which have been submitted to each of the repositories
hereinafter referred to under subsection (b) or the SEe. If the document
incorporated by reference is a final official statement, it must be available
from the Municipal Securities Rulemaking Board. The Issuer shall clearly
identify in the Disclosure Information each document so incorporated by
reference. If any part of the Disclosure Information can no longer be
generated because the operations of the Issuer have materially changed or
been discontinued, such Disclosure Information need no longer be provided
if the Issuer includes in the Disclosure Information a statement to such effect;
provided, however, if such operations have been replaced by other Issuer
operations in respect of which data is not included in the Disclosure
Information and the Issuer determines that certain specified data regarding
such replacement operations would be a Material Fact (as defined in
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paragraph (3) hereof), then, from and after such determination, the Disclosure
Information shall include such additional specified data regarding the
replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(l), then the Issuer shall
include in the next Disclosure Information to be delivered hereunder, to the
extent necessary, an explanation of the reasons for the amendment and the
effect of any change in the type of financial information or operating data
provided.
(2) In a timely manner, notice of the occurrence of any of the following
events which is a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
m Release, substitution, or sale of property securing repayment of the
securities; and
(K) Rating changes.
As used herein, a "Material Fact" is a fact as to which a substantial likelihood
exists that a reasonably prudent investor would attach importance thereto in
deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the
total information otherwise available to an investor from the Official Statement,
information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, a "Material Fact" is also an event that
would be deemed "material" for purposes of the purchase, holding or sale of a Bond
within the meaning of applicable federal securities laws, as interpreted at the time of
discovery of the occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following
events or conditions:
(A) the failure of the Issuer to provide the Disclosure Information required
under paragraph (b )(1) at the time specified thereunder;
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(B) the amendment or supplementing of this section pursuant to subsection
(d), together with a copy of such amendment or supplement and any
explanation provided by the Issuer under subsection (d)(2);
(C) the termination of the obligations of the Issuer under this section
pursuant to subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information or the
audited financial statements, if any, furnished pursuant to subsection (b)(2) or
(3) are prepared; and
(E) any change in the fiscal year of the Issuer.
(c) Manner of Disclosure. The Issuer agrees to make available the information
described in subsection (b) to the following entities by telecopy, overnight delivery,
mail or other means, as appropriate:
(1) the information described in paragraphs (I), (2) and (3) of subsection (b),
to each then nationally recognized municipal securities information repository
under the Rule and to any state information depository then designated or operated
by the State of Minnesota as contemplated by the Rule (the State Depository), if any;
and
(2) the information described in subsection (b), to any rating agency then
maintaining a rating of the Bonds and, at the expense of such Bondowner, to any
Bondowner who requests in writing such information, at the time of transmission
under paragraph (1) this subsection (c), or, if such iniorlY',ado.r.. is transmitted with a
subsequent time of release, at the time such information is to be released.
(d) Term; Amendments; Interpretation.
(1) The covenants of the Issuer in this section shall remain in effect so long
as any Bonds are Outstanding. Notwithstanding the preceding sentence, however,
the obligations of the Issuer under this section shall terminate and be without
further effect as of any date on which the Issuer delivers to the Registrar an opinion
of Bond Counsel to the effect that, because of legislative action or final judicial or
administrative actions or proceedings, the failure of the Issuer to comply with the
requirements of this section will not cause participating underwriters in the primary
offering of the Bonds to be in violation of the Rule or other applicable requirements
of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory
thereto or amendatory thereof.
(2) This section (and the-form and requirements of the Disclosure
Information) may be amended or supplemented by the Issuer from time to time,
without notice to (except as provided in paragraph (c)(3) hereof) or the consent of
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the Owners of any Bonds, by a resolution of this Council filed in the office of the
recording officer of the Issuer accompanied by an opinion of Bond Counsel, who
may rely on certificates of the Issuer and others and the opinion may be subject to
customary qualifications, to the effect that: (i) such amendment or supplement (a) is
made in connection with a change in circumstances that arises from a change in law
or regulation or a change in the identity, nature or status of the Issuer or the type of
operations conducted by the Issuer, or (b) is required by, or better complies with, the
provisions of paragraph (b )(5) of the Rule; (ii) this section as so amended or
supplemented would have complied with the requirements of paragraph (b)(5) of
the Rule at the time of the primary offering of the Bonds, giving effect to any change
in circumstances applicable under clause (i) (a) and assuming that the Rule as in
effect and interpreted at the time of the amendment or supplement was in effect at
the time of the primary offering; and (iii) such amendment or supplement does not
materially impair the interests of the Bondowners under the Rule. If the Disclosure
Information is so amended, the Issuer agrees to provide, contemporaneously with
the effectiveness of such amendment, an explanation of the reasons for the
amendment and the effect, if any, of the change in the type of financial information
or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure
provisions of the Rule and should be construed so as to satisfy the requirements of
paragraph (b )(5) of the Rule.
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Adopted this 3rd day of June, 1997.
Attest:
City Clerk
Approved:
Mayor
Upon 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.
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OFFICIAL STATEMENT DATED MAY 20, 1997
NEW ISSUES
Ratings: Requested from Moody's
Investors Service
_- n the opinion of Dorsey & Whitney LLP. Bond Counsel, on the basis of laws in effect on the date of issuance of the Bonds, interest on the Bonds is not includable in gross
'_ come of the recipient for federal income tax purposes or in taxable net income of individuals, estates and trusts for Minnesota income tax purposes, but is includable in taxable
come of corporations and financial institutions for purposes of the Minnesota franchise tax. (See "Tax Exemption" herein.)
City of Stillwater, Minnesota
$705,000
General Obligation Capital Outlay Bonds, Series 1997 A
(the "Series 1997 A Bonds")
$485,000
General Obligation Improvement Bonds, Series 1997B
(the "Series 1997B Bonds")
(collectively referred to as the "Bonds" or the "Issues")
(Book Entry Only)
Dated Date: July 1, 1997
Interest Due: Each February 1 and August 1,
commencing February 1,1998
The Series 1997A Bonds will mature February 1 as follows:
1998 $ 60,000 2000 $105,000 2002 $90,000
1999 $135,000 2001 $100,000 2003 $60,000
The Series 1997B Bonds will mature February 1 as follows:
1999 $45,000 2001 $50,000 2003 $50,000
2000 $50,000 2002 $50,000 2004 $50,000
2004 $55,000
2005 $35,000
2006 $35,000
2007 $30,000
2005 $50,000
2006 $50,000
2007 $45,000
2008 $45,000
...
Common to Both Issues
The City may elect on February 1, 2005, and on any day thereafter, to prepay the Bonds due on or after February 1, 2006,
at a price of par plus accrued interest.
The Issues 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. Additional pledged sources of security are described herein.
A separate proposal must be submitted for each Issue along with a good faith deposit in the form of a certified or cashier's
check or Financial Surety Bond, for not less than the amount shown below, payable to the City.
Minimum Bid Good Faith Deposit
The Series 1997A Bonds $697,950 $7,050
The Series 1997B Bonds $479,665 $4,850
Rates shall be specified in integral multiples of 5/100 or 1/8 of 1% and must be designated in ascending order. The award
for each Issue will be made on a True Interest Cost basis (TIC).
The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of
1986, as amended, and 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 (the "Depository"). The Depository will act as securities
depository of the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and
integral multiples thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. (See
"Book Entry System" herein.) Bonds will be available for delivery at the Depository within 40 days following the date of the
award of the Bonds. Norwest Bank, Minnesota, National Association will act as Registrar for the Bonds.
PROPOSALS RECEIVED: June 3,1997 (Tuesday) until 11:00 A.M., Central Time
AWARD: June 3, 1997 (Tuesday) at 7:00 P.M., Central Time
)
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SPRINGSTED
Further information may be obtained from SPRINGSTED
Incorporated, Financial Advisor to the Issuer, 85 East
Seventh Place, Suite 100, Saint Paul, Minnesota 55101
(612) 223-3000
Public Finance Advisors
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 th: 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 have not
been included as appendices to the Official Statement or the Final Official Statement, they will
be furnished on request.
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.
..
\
.
CITY OF STillWATER, MINNESOTA
COMBINED STATEMENT OF REVENUES, EXPENSES AND
CHANGES IN RETAINED EARNINGS
ALL PROPRIETARY FUND TYPES
Year Ended December 31,1994
(With comparative totals for the year ended December 31, 1993)
1994 1993
$ 3,041,278 $ 2,956,232
46,461 72,374
$ 3,087,739 $ 3,028,606
$ 530,014 $ 483,686
110,270 117,075
2,238,378 2,071,689
92,049 112,205
13,373 11,318
0 27,542
16,908 16,908
43,109 42,057
98,055 98,107
175,647 175,503
34,465 25,534
12,836 12,611
5,301 1,543
14,156 12,129
$ 3,384,561 $ 3,207,907
($ 296,822) ($ 179,301)
$ 85,019 $ 68,505
0 (1 97)
(5,190) (3,354)
96,818 108,864
$ 176,647 $ 173,818
($ 120,175) ($ 5,483)
$ 2,556 $ 47,751
115,615 105,943
72,007 50,100
(17,151) (34,302)
$ 52,852 $ 164,009
175,647 175,503
$ 228,499 339,512
4,236,058 3,896,546
$ 4,464,557 $ 4,236,058
Operating revenues:
Charges for services
Other
Total operating revenues
Operating expenses:
Personnel services
Repairs and supplies
Contractual services
Utilities
Truck expense
Professional services
Parking lot leases
Administration charges
Depreciation:
On purchased assets
On contributed assets
Servicing customer installations
Office supplies and postage
Engineering services
Miscellaneous
Total operating expenses
Operating loss
Nonoperating revenues (expenses):
Interest income
Interest expense
loss on disposal of fixed assets
Other
Nonoperating revenues (expeneses), net
Net income (loss) before operating transfers
Other increases (decreases):
Operating tranfser from:
Captial Projects Fund
General Fund
Special Revenue Fund
Operating tranfser to:
Debt Service Fund
Net income
Credit for transfer to retained earnings
for depreciation
Net increase in retained earnings
Retained earnings, January 1
Retained earnings, December 31
IV-17
CITY OF STILLWATER, MINNESOTA
COMBINED STATEMENT OF REVENUES, EXPENSES AND
CHANGES IN RETAINED EARNINGS
ALL PROPRIETARY FUND TYPES
Year Ended December 31,1995
(With comparative totals for the year ended December 31, 1994)
.4)
1995 1994
Operating revenues:
Charges for services $3,169,856 $3,041,278
Other 46,564 46,461
Total operating revenues $3,216,420 $3,087.739
Operating expenses:
Personnel services $526,416 $530,014
Repairs and supplies 107,728 110,270
Contractual services 2,330,159 2.238.378
Utilities 99,655 92,049
Truck expense 6,059 13,373
Professional services 45,330 0
Parking lot leases 16.908 16.908
Administration charges 44 ,186 43,109
Depreciation:
On purchased assets 99,551 98.055
On contributed assets 200,749 175,647
Servicing customer installations 29,133 34,465
Office supplies and postage 13,818 12,836
Engineering services 14,904 5,301
Miscellaneous 22,736 14,156
Total operating expenses $3.557,332 $3,384,561
Operating loss ($340.912) ($296,822)
Nonoperating revenues (expenses):
Interest income $126,434 $85,019
Loss on disposal of fixed assets (18,383) (5,190)
Other 70,942 96,818
Nonoperating revenues (expeneses), net $178,993 $176,647
Net (loss) before operating transfers ($161,919) ($120,175)
Other increases (decreases):
Operating transfer from:
Captial Projects Fund $9,300 $2,556
Debt Service 0
General Fund 55,000 115.615
Special Revenue Fund 58,707 72,007
Operating transfer to:
Debt Service Fund (17,151)
Net income (loss) ($38,912) $52,852
Credit for transfer to retained earnings
for depreciation on contributed assets ____200,749_ _ 1J~E4 7
Net increase in retained earnings $161,837 228,499
Retained earnings, January 1 __ 4,46~~~_ ___ ~2}~!0~8
Retained earnings, December 31 $4 626 394 $4 464 557 /
=._.;_-= _ :- J==.--==-~..:-__ :.==-~-;.:.;~=,_ -.--:::.E.. ~ ~
IV-16
TABLE OF CONTENTS
Page(s)
$705,000 General Obligation Capital Outlay Bonds, Series 1997 A
Terms of Proposal. ...... ............ ....... ...... ...................................................................... i-iv
Schedule of Bond Years .................... ........................................................................ v
$485,000 General Obligation Improvement Bonds, Series 1997B
Terms of Proposal.......... ............... ..... ........................................................................
Schedule of Bond Years ............................................................................................
Introductory Statement.....................................................................................................
Continuing Disclosure.......................................................................................................
General Description... .......... .......................................,.............................................. .......
Book Entry Only System...................................................................................................
Optional Redemption........................................................................................................
General Obligation Capital Outlay Bonds, Series 1997 A ..................................................
General Obligation Improvement Bonds, Series 1997B.................................. ..................
Future Financing.............. ........................................................................................... ......
Litigation ................. .............. ............................................................................................
Legality..................... ....... .................................................................................................
Tax Exemption. ...... ........................................................................................ ...................
Bank-Qualified Tax-Exempt Obligations.................................................. ....... ..................
Ratings ............. ........ .................................................................... ................... ......... ........
Financial Advisor.. ........................................................................... .................................
Certification.................................................................................................................... '"
City Property Values............................................................................ .....,... ............ ........
City Indebtedness ........ .................................................................... .............. ...................
City Tax Rates, Levies and Collections.............................................................................
Funds on Hand........................................................... ...... ...................... .,........................
Cash and Investments................................................... .................. .................................
General Information Concerning the City........................... .............................. .................
Governmental Organization and Services......................... ............. ................ ...................
Proposed Form of Legal Opinions ..........................................................................
Continuing Disclosure Certificate ..................................... .............................. .........
Summary of Tax Levies, Payment Provisions, and
Minnesota Real Property Valuation............................ ..................... .....................
Annual Financial Statements ..................................................................................
vi-ix
x
1
1
2
2-3
3
4
4
5
5
5
5-6
6
6
6-7
7
7-8
8-11
12
12
12
13-15
15-17
Appendix I
Appendix II
Appendix III
Appendix IV
Proposal Forms
Inserted
-.
(This page was left blank intentionally.)
~
~
CITY OF STILLWATER, MINNESOTA
COMBINED STATEMENT OF REVENUES, EXPENSES AND
CHANGES IN RETAINED EARNINGS
ALL PROPRIETARY FUND TYPES AND COMPONENT UNIT
Year Ended December 31, 1996
(With comparative totals for the year ended December 31. 1995)
Primary
Government
Operating revenues:
Charges for services
Other
Total operating revenues
$2,632,788
82,810
$2,715,598
Operating expenses:
Personnel services
Repairs and supplies
Contractual services
Utilities
Truck expense
Professional services
Parking lot leases
Administration charges
Depreciation:
On purchased assets
On contributed assets
Servicing customer installations
Office supplies and postage
Engineering services
Miscellaneous
Total operating expenses
Operating income (loss)
$284,153
$59,208
$2,357,715
$31,724
$43,992
$18,558
$55,514
$45,914
$118,160
$3,754
$33,178
7,504
$3,059,374
($343,776)
Nonoperating revenues (expenses):
Interest income
Loss on disposal of fixed assets
Other
Nonoperating revenues (expeneses), net
Net (loss) before operating transfers
$79,189
43.901
$123,090
($220,686)
Other increases (decreases):
Operating transfers in
Operating transfer (out)
Total other increases (decreases)
89,098
$89,098
($131,588)
Net income (loss)
Credit for transfer to retained earnings
for depreciation on contributed assets
118,160
Net increase (decrease) in retained earnings
Retained earnings, January 1
Retained earnings, December 31
($13,428)
2,366,372
$2,352,944
IV-15
Component
Unit
$711,465
43,147
$754,612
$329,014
$107,352
$56,732
$5,080
$5,650
$66,942
$85,901
$31,806
$10,756
28,544
$727,777
$26,835
$43,538
(3,494)
43,301
$83,345
$110,180
$110,180
85,901
$196,081
2,259,995
~~,456,Q76 _
Totals
(Memorandum
only)
Reporting
Entity
$3,344,253
125,957
$3,470,210
$613,167
166,560
2,357,715
88,456
49,642
18,558
55,514
o
112,856
204,061
31,806
14,510
33,178
36,048
$3,782,071
($311,861)
$122,727
(3,494 )
87,202
$206,435
($105,426)
$0
89,098
o
$89,098
($16,328)
204,061
182,653
4.626.367
$4.809,(f~9
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THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS Will BE RECEIVED ON THE FOllOWING BASIS:
TERMS OF PROPOSAL
$705,000
CITY OF STillWATER, MINNESOTA
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1997A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, June 3, 1997, until 11 :00 AM., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, 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
Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 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 (612) 223-3000 or fax (612) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. Proposals may also be filed electronically
via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal,
within a one-hour period prior to the time of sale established above, but no Proposals will be
received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules
of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be
obtained from PARITY and such fee shall be the responsibility of the bidder. For further
information about PARITY, potential bidders may contact PARITY at 500 Main Street,
Suite 1010, Fort Worth, TX 76102, telephone (817) 885-8900. Neither the City nor Springsted
Incorporated assumes any liability if there is a malfunction of PARITY. 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 of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated July 1, 1997, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 1998. 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:
1998
1999
2000
2001
$ 60,000
$135,000
$105,000
$100,000
2002
2003
2004
$90,000
$60,000
$55,000
2005
2006
2007
$35,000
$35,000
$30,000
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,
-i-
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or
after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to
be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
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
1997 capital projects.
TYPE OF PROPOSALS
Proposals shall be for not less than $697,950 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 $7,050, payable to
the order of the City. If a check is used, it must accompany each 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 City will deposit the check of the purchaser, the amount of which will be deducted at
settlement 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 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.
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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 which the City determines to have failed to comply
with the terms herein.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of
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
which shall be received at the offices of the City or its designee not later than 12:00 Noon,
Central Time. Except as compliance with the terms of payment for the Bonds shall have 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
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or
prior to delivery of the Bonds.
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,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000.
The Official Statement, whem 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 up to 30 copies
of the Official Statement and the addendum or addenda described above. The City designates
- iii -
the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent
for purposes of distributing copies of the Final Official Statement to each Participating
Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby
that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall
enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes
of assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Dated May 6, 1997
BY ORDER OF THE CITY COUNCIL
/s/ Morli Weldon
Clerk
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SCHEDULE OF BOND YEARS
$705,000
CITY OF STILLWATER, MINNESOTA
GENERAL OBUGATION CAPITAL OUTLAY BONDS, SERIES 1997A
Year
PrinciDal
Bond Years
Cumulative
Bond Years
1998
$60,000
35.0000
35.0000
1999
$135,000
213.7500
248.7500
2000
$105,000
271.2500
520.0000
2001
$100,000
358.3333
878.3333
2002
$90,000.
412.5000
1,290.8333
2003
$60,000
335.0000
1,625.8333
2004
$55,000
362.0833
1,987.9166
2005
$35,000
265.4167
2,253.3333
2006
$35,000 c
300.4167
2,553.7500
2007
$30,000 c
287.5000
2,841.2500
Average Maturity: 4.03 Years
Bonds Dated: July 1, 1997
Interest Due: February 1, 1998 and each February 1 and August 1 to maturity.
Principal Due: February 1, 1998-2007 inclusive.
Optional Call:
Bonds maturing on or after February 1, 2006 are callable
commencing February 1, 2005 and any date thereafter at par.
(See Terms of Proposal.)
c: subject to optional call
- v-
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS Will BE RECEIVED ON THE FOllOWING BASIS:
TERMS OF PROPOSAL
$485,000
CITY OF STillWATER, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, June 3, 1997, until 11:00 AM., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, 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
Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 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 (612) 223-3000 or fax (612) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. Proposals may also be filed electronically
via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal,
within a one-hour period prior to the time of sale established above, but no Proposals will be
received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules
of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be
obtained from PARITY and such fee shall be the responsibility of the bidder. For further
information about PARITY, potential bidders may contact PARITY at 500 Main Street,
Suite 1010, Fort Worth, TX 76102, telephone (817) 885-8900. Neither the City nor Springsted
Incorporated assumes any liability if there is a malfunction of PARITY. 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 of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated July 1, 1997, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 1998. 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:
1999
2000
2001
2002
$45,000
$50,000
$50,000
$50,000
2003
2004
2005
$50,000
$45,000
$45,000
$50,000
$50,000
$50,000
2006
2007
2008
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
- vi -
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registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or
after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to
be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge special
assessments against benefited property. The proceeds will be used to finance various
improvements within the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $479,665 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 $4,850, payable to
the order of the City. If a check is used, it must accompany each 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 City will deposit the check of the purchaser, the amount of which will be deducted at
settlement 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 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.
- vii -
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 which the City determines to have failed to comply
with the terms herein.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of
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
which shall be received at the offices of the City or its designee not later than 12:00 Noon,
Central Time. Except as compliance with the terms of payment for the Bonds shall have 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
In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or
prior to delivery of the Bonds.
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,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 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 up to 20 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
- viii -
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for purposes of distributing copies of the Final Official Statement to each Participating
Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby
that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall
enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes
of assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Dated May 6, 1997
BY ORDER OF THE CITY COUNCIL
/s/ Morli Weldon
Clerk
- IX -
The City Coordinator, Mr. Nile L. Kriesel, is responsible for the general management of the City.
Official record-keeping functions are the responsibility of the City Clerk, Ms. Morli J. Weldon.
Financial management of the City is the responsibility of the Finance DirectorfTreasurer, Ms.
Diane Deblon. The Coordinator, Clerk and Finance DirectorfTreasurer are appointed by the
City Council and serve at the Council's discretion.
The City employs approximately 67 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 17 full-time officers. The Stillwater Fire Department,
comprised of seven full-time members and 30 volunteers, serves the City and some
surrounding communities. Stillwater has a class 3 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 Commissioners, all
of whom are appointed by the Mayor.
The water supply is taken from five wells. The combined pumping capacity for the wells is
4,250 gallons per minute. The system has a storage capacity of 2.1 million gallons. Daily water
demand for the City averages 1.5 million gallons per day; peak demand is estimated at 4 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 Waste Control Commission ("MWCC"), an agency of the Metropolitan Council.
The City is billed an annual service charge by MWCC which is adjusted the subsequent year
based on actual usage.
Electricity and natural gas are provided by Northern States Power Company.
Pensions
The City participates in the Public Employees Retirement Association (PERA) which covers
substantially all employees except those qualifying as temporary or seasonal employees.
PERA is administered by the State and coordinated with the Federal Social Security Retirement
Plan. State Statute requires the City to fund current service pension costs as they accrue.
Prior service costs are being amortized over a period of 40 years and funded by payments
determined as a percentage of gross wages paid by all participating employers. The amount of
unfunded prior service costs attributed to individual reporting entities is not determinable. The
City's contribution to PERA in 1996 was $229,319.
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 totaling $76,537 and no contribution was required to be made by the
City.
- 16 -
General Fund Budget Summary
1997 1996
.. Budget Estimated
Revenue:
Taxes $ 3,413,700 $ 3,214,000
Licenses and Permits 262,130 263,861
Charges for Services 659,576 546,563
Fines and Forfeits 130,000 148,640
Intergovernmental 1,248,641 1,827,601
Miscellaneous 187.750 302.250
Total Revenue $ 5,901,797 $ 6,302,915
Expenditures:
General Government $ 1,146,368 $ 1,059,210
Public Safety 2,511,588 2,410,453
Public Works 1,107,752 1,038,487
Unallocated 84,000 736,913
Capital Outlay 344.265 418.097
Total Expenditures $ 5,193,973 $ 5,663,160
Revenue Over (Under) Expenditures $ 707 .824 $ 639.755
Other Increases (Decreases):
Transfers In $ 320,965 $ 418,097
Transfers Out (1,058,789) (1,775,503)
Total Other Increases (Decreases) $ (737.824) $(1.357.406)
Net Increase (Decrease) in Fund Balance: $ (30,000) $ (717,651)
Fund Balance - January 1 2.757.344 3.474.995
Fund Balance - December 31 $ 2.727.344 $ 2.757.344
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for purposes of distributing copies of the Final Official Statement to each Participating
Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby
that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall
enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes
of assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Dated May 6,1997
BY ORDER OF THE CITY COUNCIL
/s/ Morli Weldon
Clerk
- IX -
SCHEDULE OF BOND YEARS
$485,000
CITY OF STILLWATER, MINNESOTA
GENERAL OBUGATlON IMPROVEMENT BONDS, SERIES 1997B
Cumulative
Year Principal Bond Years Bond Years
1999 $45,000 71.2500 71.2500
2000 $50,000 129.1667 200.4167
2001 $50,000 179.1667 379.5834
2002 $50,000 229.1667 608.7501
2003 $50,000 279.1667 887.9"168
2004 $50,000 329.1667 1,217.0835
2005 $50,000 379.1667 1,596.2502
2006 $50,000 c 429.1667 2,025.4169
2007 $45,000 c 431.2500 2,456.6669
2008 $45,000 c 476.2500 2,932.9169
Average Maturity: 6.05 Years
Bonds Dated:
July 1, 1997
February 1, 1998 and each February 1 and August 1 to maturity.
Interest Due:
Principal Due:
February 1, 1999-2008 inclusive.
Optional Call:
Bonds maturing on or after February 1, 2006 are callable
commencing February 1, 2005 and any date thereafter at par.
(See Terms of Proposal.)
c: subject to optional call
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OFFICIAL STATEMENT
CITY OF STillWATER, MINNESOTA
$705,000
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1997A
$485,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B
(BOOK ENTRY ONLY)
INTRODUCTORY STATEMENT
This Official Statement contains certain information relating to the City of Stillwater, Minnesota
(the "City") and its issuance of $705,000 General Obligation Capital Outlay Bonds,
Series 1997A (the "Series 1997A Bonds") and $485,000 General Obligation Improvement
Bonds, Series 1997B (the "Series 1997B Bonds"), collectively referred to as the "Bonds" or the
"Issues." 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 without limit as to rate or amount.
Additional pledged sources of payment are described in the following sections.
Inquiries may be directed to Mr. Nile Kriesel, Coordinator, City of Stillwater, 216 North Fourth
Street, Stillwater, Minnesota 55082-4898, or by telephoning (612) 439-6121. Inquiries may
also be made to Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul,
Minnesota 55101-2143, or by telephoning (612) 223-3000. If information of a specific legal
matter is desired, requests may be directed to John D. Kirby of Dorsey & Whitney LLP of
Minneapolis, Bond Counsel, or by telephoning (612) 340-5665.
CONTINUING DISCLOSURE
In order to permit bidders for the Bonds and other participating underwriters in the primary
offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the
Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended
(the "Rule"), the City will covenant and agree, for the benefit of the registered holders or
beneficial owners from time to time of the outstanding Bonds, in the Bond Resolutions, to
provide annual reports of specified information and notice of the occurrence of certain events, if
material, as hereinafter described (the "Disclosure Covenants"). The information to be provided
on an annual basis, the events as to which notice is to be given, if material, and a summary of
other provisions of the Disclosure Covenants, including termination, amendment and remedies,
are set forth in Appendix II to this Official Statement.
Breach of the Disclosure Covenants will not constitute a default or an "Event of Default" under
the Bonds or the Resolutions. A broker or dealer is to consider a known breach of the
Disclosure Covenants, however, before recommending the purchase or sale of the Bonds in the
secondary market. Thus, a failure on the part of the City to observe the Disclosure Covenants
may adversely affect the transferability and liquidity of the Bonds and their market price. The
City has never failed to comply in all material respects with any previous undertaking under the
Rule.
- 1 -
GENERAL DESCRIPTION
The Bonds are dated as of July 1, 1997 and will mature annually each February 1, as set forth
on the cover page of this Official Statement. The Bonds are being issued in denominations of
$5,000 and integral multiples thereof. Interest on the Bonds will be payable each February 1
and August 1, commencing February 1, 1998. Interest will be payable to the holder registered
on the books of the registrar (the "Registrar"), initially Cede & Co., as of the fifteenth day of the
calendar month next preceding such interest payment date. Principal of and interest on the
Bonds will be described in the section herein entitled "Book Entry System." Norwest Bank,
Minnesota, National Association will act as Registrar for the Issues and the City will pay for
registration services.
BOOK ENTRY ONLY SYSTEM
The Depository Trust Company ("OTC"), New York, NY, will act as securities depository for the
Bonds. The Bonds will be issued as fully registered securities registered in the name of Cede &
Co. (OTC's partnership nominee). One fully registered Security certificate will be issued for the
Bonds, in the aggregate principal amount of such issue, 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 17 A
of the Securities Exchange Act of 1934. OTC holds securities that its participants
("Participants") deposit with OTC. DTC also facilitates the settlement among Participants of
securities transactions, such as transfers and pledges, in deposited securities through
electronic computerized book entry changes in Participants' accounts, thereby eliminating 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 owned by a number of its Oirect Participants and by the New York Stock
Exchange, Inc.; the American Stock Exchange, Inc.; 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 and trust companies that clear through or maintain a custodial relationship
with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules
applicable to OTC and its Participants are on file with the Securities and Exchange
Commission.
Purchases of Bonds under the DTC system must be made by or through Direct Participants,
which will receive a credit for the Bonds on DTC's records. The ownership of each actual
purchaser of each Security ("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, but Beneficial Owners are 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 Bonds are to be accomplished by entries made on the books of
Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive
certificates representing their ownership interests in Bonds, except in the event that use of the
book entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered
in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and
their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has
- 2 -
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1995 AND 1996 AUDITED FINANCIAL STATEMENTS
..
Af
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IV-2
no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the
identity of the Direct Participants to whose accounts such Bonds are credited, which mayor
may not be the Beneficial Owners'. The 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.
Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual
procedures, DTC mails an Omnibus Proxy to the City 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 Bonds are credited on the record date (identified in a listing
attached to the Omnibus Proxy).
Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit
Direct Participants' accounts on payable date in accordance with their respective holdings
shown on DTC's records unless DTC has reason to believe that it will not receive payment on
payable date. 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, or the City, subject to any statutory or regulatory requirements as
may be in effect from time to time. Payment of principal and interest to DTC is the
responsibility of the City, disbursement of such payments to Direct Participants shall be the
responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the
responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the Bonds
at any time by giving reasonable notice to the City. Under such circumstances, in the event
that a successor securities depository is not obtained, security certificates are required to be
printed and delivered.
The City may decide to discontinue use of the system of book entry transfers through DTC (or a
successor securities depository). In that event, security certificates will be printed and
delivered.
The information in this section concerning DTC and DTC's book entry system has been
obtained from sources that the City believes to be reliable, but the City takes no responsibility
for the accuracy thereof.
OPTIONAL REDEMPTION
The City may elect on February 1, 2005 and on any day thereafter, to prepay Bonds due on or
after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to
be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
- 3-
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1997A
Authority and Purpose
The Series 1997A Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and
the City Charter. Proceeds of the Series 1997 A Bonds will be used to finance capital outlay
purchases of equipment for various City departments.
The composition of the Issue is as follows:
Capital Outlay Projects
Underwriter's Discount
Issuance Costs
Less: Estimated Interest Earnings
Total Series 1997 A Bonds
$681,765
7,050
16,750
(565)
$705.000
Security and Financing
The Series 1997 A 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 a 1996 tax
levy, collectable in 1997, to cover the first principal and interest payment of February 1, 1998.
Upon award of the Series 1997 A Bonds the City will certify future annual debt service levies
with the County Auditor which, if collected in full, will be equal to 105% of the interest coming
due on August 1 of the collection year and the principal and interest coming due on February 1
of the following year.
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B
Authority and Purpose
The Series 1997B Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and
475. Proceeds of the Series 1997B Bonds will be used to finance the costs of three
improvement projects in the City. The composition of the Series 1997B Bonds is as follows:
Project Costs
Underwriter's Discount
Less: Estimated Interest Earnings
Total Series 1997B Bonds
$479,960
5,335
(295)
$485.000
Security and Financing
In addition to its general obligation pledge, the City pledges special assessments against
benefited property to pay debt service on the Series 19978 Bonds. Special assessments
totaling $485,000 are expected to be filed on or about November 1, 1997 for first collection in
1998. Assessments will be spread over a term of 10 years in even annual principal installments
with interest charged on the unpaid balance at a rate of 7.0%, approximately 1.5% over the rate
expected to be received on the Series 1997B Bonds. The City will make a temporary transfer
to the Debt Service Fund to pay the interest due February 1, 1998, and thereafter, special
assessments, if collected in full, will be sufficient to pay 105% of the August 1 interest due in the
year of collection and the February 1 principal and interest due the following year.
- 4-
..
~
~,
APPENDIX IV
ANNUAL FINANCIAL STATEMENTS
The City is audited annually by an independent certified public accounting firm, from whose
reports the data on the following pages has been extracted. The reader should be aware that
the complete audits may contain additional information relating to the data presented here
which may interpret, explain or modify it. For the years ending December 31, 1996, 1995, and
1994, governmental funds are presented on the modified accrual basis of accounting and the
accrual basis is used for proprietary funds.
Prior to 1996, the financial statements of the Board of Water Commission, which governs the
Water Utility, were reported as an enterprise fund of the City. In the financial statements for the
year ending December 31, 1996, the Water Utility is reported as a component unit. ~he Board
of Water Commission meets the criteria to be included as a discrete presentation. The
members of the governing board of the Board of Water Commission are appointed by the
Mayor and approved by the City Council.
IV-1
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FUTURE FINANCING
The City has no other long-term borrowing anticipated for 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 Dorsey & Whitney LLP of
Minneapolis, Minnesota as Bond Counsel. Bond Counsel has not participated in the
preparation of this Official Statement except for guidance concerning the following section, "Tax
Exemption," 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. Legal opinions in substantially the form set out in Appendix I herein will be
delivered at closing.
TAX EXEMPTION
In the opinion of Dorsey & Whitney LLP, as Bond Counsel, under federal and Minnesota laws,
regulations, rulings and decisions in effect on the date of issuance of the Bonds, interest on the
Bonds is not includable in gross income for federal income tax purposes or in taxable net
income of individuals, estates and trusts for Minnesota income tax purposes. Interest on the
Bonds is includable in taxable income of corporations and financial institutions for purposes of
the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), however, impose continuing requirements that must be met after the
issuance of the Bonds in order for interest thereon to be and remain not includable in federal
gross income and in Minnesota taxable net income. Noncompliance with such requirements by
the City may cause the interest on the Bonds to be includable in gross income for purposes of
federal income taxation and in taxable net income for purposes of Minnesota income taxation,
retroactive to the date of issuance of the Bonds, irrespective in some cases of the date on
which such noncompliance is ascertained. No provision has been made for redemption of or
for an increase in the interest rate on the Bonds in the event that interest on the Bonds
becomes includable in federal gross income or Minnesota taxable income.
Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable
income for purposes of the federal alternative minimum tax applicable to all taxpayers or the
Minnesota alternative minimum tax applicable to individuals, estates and trusts, but is
includable in adjusted current earnings in determining the alternative minimum taxable income
of corporations for purposes of the alternative minimum tax. Interest on the Bonds may be
includable in the income of a foreign corporation for purposes of the branch profits tax imposed
by Section 884 of the Code and is includable in the net investment income of foreign insurance
companies for purposes of Section 842(b) of the Code. In the case of an insurance company
subject to the tax imposed by Section 831 of the Code, the amount which otherwise would be
taken into account as losses incurred under Section 832(b)(5) of the Code must be reduced by
an amount equal to fifteen percent of the interest on the Bonds that is received or accrued
during the taxable year. Section 86 of the Code requires recipients of certain Social Security
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and railroad retirement benefits to take into account, in determining the taxability of such
benefits, receipts or accruals of interest on the Bonds. 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 greater than twenty-five percent of the gross receipts of such S corporation is
passive investment income. Section 265 of the Code denies a deduction for interest on
indebtedness incurred or continued to purchase or carry the Bonds or, in the case of a financial
institution, that portion of the holder's interest expense allocated to interest on the Bonds,
except with respect to certain financial institutions (within the meaning of Section 265(b) of the
Code ).
The 1995 Minnesota Legislature has enacted a statement of intent that interest on obligations
of Minnesota governmental units and Indian tribes be included 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 obligations of governmental issuers located in other states is so included. This
provision 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 obligations were issued.
The City is not aware of any judicial decision holding that a state's exemption of interest on its
own bonds or those of its political subdivisions or Indian tribes, but not of interest on the bonds
of other states or their political subdivisions or Indian tribes, unlawfully discriminates against
interstate commerce or otherwise contravenes the United States Constitution. Nevertheless,
the City cannot predict the likelihood that interest on the Bonds would become taxable under
this Minnesota statutory provision.
BANK-QUALIFIED TAX-EXEMPT OBLIGATIONS
Prior to the adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were
generally permitted to deduct 80% of their interest expense allocable to tax-exempt obligations.
Under the Act, however, financial institutions are generally not entitled to such a deduction for
tax-exempt obligations purchased after August 7, 1986. However, the City has designated the
Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Code which would
permit financial institutions to deduct interest expenses allocable to the Bonds to the extent
permitted under prior law.
RA liNGS
Applications for ratings of the Bonds have been made to Moody's Investors Service
("Moody's"), 99 Church Street, New York, New York. If ratings are assigned, they will reflect
only the opinion of Moody's. Any explanation of the significance of the ratings may be obtained
only from Moody's.
There is no assurance that ratings, if assigned, will continue for any given period of time, or that
such ratings will not be revised or withdrawn, if in the judgment of Moody's, circumstances so
warrant. A revision or withdrawal of the ratings may have an adverse effect on the market price
of the Bonds.
FINANCIAL ADVISOR
The City has retained Springsted Incorporated, Public Finance 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 upon governmental officials,
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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 which are applicable within the current fiscal year to the payment of any debt and the
aggregation of the principal of the following:
1. Obligations issued for improvements which 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. Debt service funds for the payment of principal and interest on obligations other than those
described above.
10. Certain obligations to pay pension fund liabilities.
levies for General Obligation Debt
(Sections 475.61 and 475.74, Minnesota Statutes)
Any municipality which 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.
111-3
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 which,
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 owned by a tax-exempt entity, but which 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 governmental aid,
equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid.
Levy Limitations
Historically, the ability of local governments in Minnesota to levy property taxes was controlled
by various statutory limitations. These limitations have expired for taxes payable in 1993 and
future years, but may be reinstated in the future. Under prior law the limitations generally did
not affect debt service levies. For county governments, cities of 2,500 population or more, and
smaller cities and towns that receive taconite municipal aid, taxes could be levied outside the
overall levy limitation for, among others, bonded indebtedness and certificates of indebtedness,
unfunded accrued pension liability, social service programs and the residual income
maintenance program for which the county share of costs has not been taken over by the State.
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and other sources, 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(s) 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, it 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
1996 Indicated Market Value of Taxable Property: $721,543,911 *
*
Calculated by dividing the county assessor's estimated market value of $645,781,800 by the 1995
sales ratio of 89.5% for the City as determined by the State Department of Revenue. (1996 sales ratio
is not yet available.)
1996 Taxable Net Tax Capacity: $11,311,065
1996 Net Tax Capacity
Less: Contribution to Fiscal Disparities
Captured Tax Increment Tax Capacity
Plus: Distribution from Fiscal Disparities
$12,678,894
(1,553,496)
(1,541,429)
1.727.096
$11,311,065
1996 Taxable Net Tax Capacity
1996 Taxable Net Tax Capacity By Class of Property
Residential Homestead $ 6,747,707 59.6%
Commercial/Industrial, Public
Utility and Personal Property * 3,517,295 31.1
Residential Non-Homestead 1,024,118 9.1
Other Classes 21.945 ~
Total $11,311,065 100.0%
Reflects adjustments for fiscal disparities and captured tax increment tax capacity.
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Trend of Values
Assessor's
Indicated Estimated Taxable Tax ..
Market Value(a) Market Value Capacity(b)
1996 $721,543,911 $645,781,800 $11,311,065
1995 684,419,118 605,026,500 10,392,529
1994 638,737,782 564,644,200 9,837,083
1993 593,778,498 521,931,300 9,376,042
1992 556,578,848 502,590,700 9,441,345
(a) Calculated by dividing the county assessor's estimated market value by the sales ratio certified for the
City each year by the State Department of Revenue.
(b) For an explanation of tax capacity and the Minnesota property tax system, see Appendix III.
Ten of the Largest Taxpayers in the City
Taxpayer
Northern States Power Co.
Immuno Nuclear Co.
Dayton Hudson Corporation
Supervalu Stores
Super Valu Holdings
Minnesota Mining & Mfg. (3M)
Anderson Corporation
Beverly Enterprises
Stillwater Clinic
First Bank Minneapolis
Total
Type of Property
Utility
Commercial
Retail
Retail Grocery - Offices
Commercial
Manufacturing
Commercial
Nursing Home
Commercial
Commercial
Represents 15.3% of the City's 1996 net tax capacity.
CITY INDEBTEDNESS
Legal Debt Limit and Debt Margin
Legal Debt Limit (2% of estimated market value)
Less: Outstanding Debt Subject to Limitation
Legal Debt Margin as of May 2, 1997
General Obligation Debt Supported Solely By Taxes *
Date
of Issue
6-1-88
11-1-90
9-1-93
7 -1-94
5-1-96
7-1-97
Total
Original
Amount
$ 625,000
1,350,000
1,840,000
170,000
5,530,000
705,000
Purpose
Capital Outlay
Capital Outlay
Capital Outlay
Capital Outlay
Capital Outlay
Capital Outlay (Series 1997 A Bonds)
These issues are subject to the statutory debt limit.
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1996 Net
Tax Capacity
$ 322,147
293,637
207,488
194,787
175,840
161,480
104,131
102,343
86,499
86.154
$1,734,506 *
$12,915,636
(8.250.000)
$4,665,636
Final
Maturity
2-1-1999
2-1-1999
2-1-2009
2-1-2005
2-1-2021
2-1-2007
Principal
Outstanding
As of 5-2-97
$ 185,000
700,000
1,270,000
145,000
5,245,000
705.000
$8,250,000
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APPENDIX III
SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND
MINNESOTA REAL PROPERTY VALUATION
Following is a summary of certain statutory provisions effective through 1996 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 in reference thereto. This summary reflects changes to
Minnesota property tax laws enacted by the State Legislature during the 1996 Regular Session.
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 four 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
Effective for assessment years 1993 through 1997, the amount of increase in market value for
all property classified as agricultural homestead and non-homestead, residential homestead
and non-homestead, or non-commercial seasonable recreational residential, which is entered
by the assessor in the current assessment year, may not exceed the greater of (i) 10% of the
preceding year's market value or (ii) 1/3 of the difference between the current assessment and
the preceding assessment.
Indicated Market Value
Because the Estimated Market Value as determined by an assessor may not represent the
price of real property in the marketplace, the "Indicated Market Value" is generally regarded as
more representative of full value. The Indicated Market Value is determined by dividing the
Estimated Market Value of a given year by the same year's sales ratio determined by the State
Department of Revenue. The sales ratio represents the overall relationship between the
Estimated Market Value of property within the taxing unit and actual selling price.
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 Estimated 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 Estimated 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,
expressed as a percentage.
Property Tax Payments and Delinquencies
(Chapters 276, 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.
111-1
(2) the information described in subsection (b), to any rating agency then
maintaining a rating of the Bonds and, at the expense of such Bondowner, to any
Bondowner who requests in writing such information, at the time of
transmission under paragraphs (1) or (2) of this subsection (c), as the case may
be, or, if such information is transmitted with a subsequent time of release, at
the time such information is to be released.
(d) Term: Amendments: Interpretation.
(1) The covenants of the Issuer in this section shall remain in effect so
long as any Bonds are Outstanding. Notwithstanding the preceding sentence,
however, the obligations of the Issuer under this section shall terminate and be
without further effect as of any date on which the Issuer delivers to the
Registrar an opinion of Bond Counsel to the effect that, because of legislative
action or final judicial or administrative actions or proceedings, the failure of
the Issuer to comply with the requirements of this section will not cause
participating underwriters in the primary offering of the Bonds to be in violation
of the Rule or other applicable requirements of the Securities Exchange Act of
1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirements of the Disclosure
Information) may be amended or supplemented by the Issuer from time to time,
without notice to (except as provided in paragraph (c)(3) hereof) or the consent
of the Owners of any Bonds, by a resolution of this Council filed in the office of
the recording officer of the Issuer accompanied by an opinion of Bond Counsel,
who may rely on certificates of the Issuer and others and the opinion may be
subject to customary qualifications, to the effect that: (i) such amendment or
supplement (a) is made in connection with a change in circumstances that arises
from a change in law or regulation or a change in the identity, nature or status of
the Issuer or the type of operations conducted by the Issuer, or (b) is required by,
or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this
section as so amended or supplemented would have complied with the
requirements of paragraph (b)(5) of the Rule at the time of the primary offering
of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time
of the amendment or supplement was in effect at the time of the primary
offering; and (iii) such amendment or supplement does not materially impair the
interests of the Bondowners under the Rule. If the Disclosure Information is so
amended, the Issuer agrees to provide, contemporaneously with the
effectiveness of such amendment, an explanation of the reasons for the
amendment and the effect, if any, of the change in the type of financial
information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure
provisions of the Rule and should be construed so as to satisfy the requirements
of paragraph (b)(5) of the Rule.
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General Obligation Debt Supported By Taxes and/or Special Assessments
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 5-2-97
1-1-79 $1,050,000 Local Improvements 2-1-2000 $ 165,000
11-1-87 840,000 Local Improvements 2-1-2003 185,000
9-1-89 1,095,000 Local Improvements 2-1-2000 330,000
9-1-91 2,600,000 Local Improvements 2-1-2007 1,600,000
9-1-93 1,400,000 Local Improvements 2-1-2004 875,000
1-1-94 1,055,000 Local Improvement Refunding 2-1-2005 875,000
7-1-94 1,485,000 Local Improvements 2-1-2005 1,250,000
5-1-96 1,410,000 Local Improvements 2-1-2007 1,410,000
7 -1-97 485,000 Local Improvements
(Series 1997B Bonds) 2-1-2008 485.000
Total $7,175,000
General Obligation Debt Supported By Tax Increments
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 5-2-97
9-1-89 $ 700,000 Taxable Tax Increment 2-1-2001 $ 350,000
9-1-91 3,400,000 Tax Increment 2-1-2007 3,325,000
9-1-93 1,000,000 Tax Increment 2-1-2007 870,000
7 -1-94 4,800,000 Tax Increment 2-1-2013 4,620,000
5-1-96 810,000 Tax Increment Refunding 2-1-2005 760.000
Total $9,925,000
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Annual Calendar Year Debt Service Payments Including These Bonds
G.O. Debt Supported
G.O. Debt Supported by Taxes and/or
Solely by Taxes Special Assessments
Principal Principal
Year Principal & Interest(a) Principal & Interest(b)
1997 (at 5-2) (Paid) $ 196,668.80 (Paid) $ 171,677.50
1998 $ 975,000 1,381,702.60 $1,015,000 1,360,716.69
1999 1,080,000 1,427,847.60 1,035,000 1,327,738.75
2000 470,000 776,953.85 955,000 1,197,370.00
2001 485,000 768,622.60 790,000 988,102.50
2002 495,000 754,550.10 790,000 948,058.75
2003 375,000 613,115.10 685,000 805,318.75
2004 380,000 599,405.10 625,000 711,668.75
2005 335,000 536,527.60 720,000 771,447.50
2006 325,000 509,950.10 285,000 309,197.50
2007 330,000 498,4 75.10 230,000 239,185.00
2008 220,000 374,531.35 45,000 46,170.00
2009 230,000 372,922.60
2010 160,000 292,702.60
2011 165,000 289,028.22
2012 175,000 289,890.71
2013 185,000 290,215.70
2014 195,000 290,003.19
2015 205,000 289,253.18
2016 215,000 287,965.67
2017 225,000 286,140.66
2018 235,000 283,778.15
2019 250,000 285,743.77
2020 265,000 286,903.14
2021 275.000 282.390.63
Total $8,250,000(c) $12,265,288.12 $7,175,000(d) $8,876,651.69
(a) Includes the Series 1997A Bonds at an assumed average annual rate of 5.20%.
(b) Includes the Series 1997B Bonds at an assumed average annual rate of 5.20%.
(c) 64% of this debt will be retired within ten years.
(d) 99% of this debt will be retired within ten years.
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(C) Unscheduled draws on debt service reserves reflecting financial
d iff i cu It i e s;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to
perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
securities; and
(K) Rating changes.
As used herein, a "Material Fact" is a fact as to which a substantial
likelihood exists that a reasonably prudent investor would attach importance
thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from
the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a "Material
Fact" is also an event that would be deemed "material" for purposes of the
purchase, holding or sale of a Bond within the meaning of applicable federal
securities laws, as interpreted at the time of discovery of the occurrence of the
event.
(3) In a timely manner, notice of the occurrence of any of the following
events or conditions:
(A) the failure of the Issuer to provide the Disclosure Information required
under paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection
(d), together with a copy of such amendment or supplement and any
explanation provided by the Issuer under subsection (d)(2);
(C) the termination of the obligations of the Issuer under this section
pursuant to subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information or the
audited financial statements, if any, furnished pursuant to subsection (b)(2)
or (3) are prepared; and
(E) any change in the fiscal year of the Issuer.
(c) Manner of Disclosure. The Issuer agrees to make available the information
described in subsection (b) to the following entities by telecopy, overnight
delivery, mail or other means, as appropriate:
(1) the information described in paragraphs (1), (2) and (3) of subsection
(b), to each then nationally recognized municipal securities information
repository under the Rule and to any state information depository then
designated or operated by the State of Minnesota as contemplated by the Rule
(the State Depository), if any; and
11-3
accounting standards promulgated by the Governmental Accounting
Standards Board or as otherwise provided under Minnesota law, as in effect
from time to time, or, if and to the extent such financial statements have
not been prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the Issuer, noting
the discrepancies therefrom and the effect thereof, and certified as to
accuracy and completeness in all material respects by the fiscal officer of
the Issuer; and
(B) To the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period
most recently available of the type contained in the Official Statement
under headings: City Property Values, City Indebtedness; City Tax Rates,
Levies and Collections; Funds on Hand; Building Permits; and General Fund
Budget Summary, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial
statements are not available by the date specified, the Issuer shall provide
on or before such date unaudited financial statements in the format required
for the audited financial statements as part of the Disclosure Information
and, within 10 days after the receipt thereof, the Issuer shall provide the
audited financial statements. Any or all of the Disclosure Information may
be incorporated by reference, if it is updated as required hereby, from other
documents, including official statements, which have been submitted to
each of the repositories hereinafter referred to under subsection (b) or the
SEC. If the document incorporated by reference is a final official
statement, it must be available from the Municipal Securities Rulemaking
Board. The Issuer shall clearly identify in the Disclosure Information each
document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the Issuer
have materially changed or been discontinued, such Disclosure Information
need no longer be provided if the Issuer includes in the Disclosure
Information a statement to such effect; provided, however, if such
operations have been replaced by other Issuer operations in respect of which
data is not included in the Disclosure Information and the Issuer determines
that certain specified data regarding such replacement operations would be
a Material Fact (as defined in paragraph (3) hereof), then, from and after
such determination, the Disclosure Information shall include such additional
specified data regarding the replacement operations. If the Disclosure
Information is changed or this section is amended as permitted by this
paragraph (b)(1), then the Issuer shall include in the next Disclosure
Information to be delivered hereunder, to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change
in the type of financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following
events which is a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
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Annual Calendar Year Debt Service Payments Including These Bonds (continued)
Year
1997 (at 5-2)
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Total
G.O. Debt
Supported by Tax Increment
Principal
& Interest
$ 283,698.20
1,214,731.40
1,212,857.65
1,207,928.90
1,214,507.65
1,111,992.65
1,110,801.40
1,116,190.15
1,112,936.40
998,875.70
999,057.50
439,320.00
440,670.00
440,630.00
439,355.00
441,685.00
442.470.00
$14,227,707.60
Principal
(Paid)
$ 665,000
700,000
735,000
785,000
725,000
765,000
815,000
860,000
795,000
845,000
320,000
340,000
360,000
380,000
405,000
430.000
$9,925,000*
77% of this debt will be retired within ten years.
Indirect Debt
1996 Taxable
Net Tax Capacity
$ 148,090,095
46,895,143
357,535,471
2,011,186,977(e)
G.O. Debt
As of 5-2-97(b)
$56,105,ooo(e)
53,650,000
7,460,000
33,990,000(d)
Debt Applicable to
Tax Capacity in City
Percent Amount
7.6% $ 4,263,980
24.2 12,983,300
3.2 238,720
0.6 20,394
Taxing Unit(a)
Washington County
ISD No. 834 (Stillwater)
Northeast Metro College
Metropolitan Council
Regional Transit
District
Total
(a) Only those units with debt outstanding are listed here.
(b) Excludes tax anticipation certificates.
(c) On July 15, 1991, Washington County Housing and Redevelopment Authority issued $35,000,000 to
finance construction of a jail facility to be leased to Washington County. The County issued
$39,895,000 on April 1, 1993 to refund this issue. The rental payments of Washington County are
absolute and unconditional obligations of the County payable from a direct ad valorem tax which has
been levied for the term of the Bonds on all taxable property within the County. This debt is included
in this amount.
(d) The Metropolitan Council also has outstanding $432,320,000 of general obligation sanitary sewer
bonds and loans which are paid from system revenues.
(e) This is the 1995 taxable net tax capacity. The 1996 taxable net tax capacity values are not yet
available.
1,812,692,235(e)
84,545,000
0.7
59.182
$17,565,576
Debt Ratios
To 1996 Indicated Market Value ($721,543,911)
Per Capita (15,649 - 1995 Metropolitan Council Estimate)
G.O.
Direct Debt
2.47%
$1,620
G.O. Indirect &
Direct Debt
5.94%
$2,742
- 11 -
CITY TAX RATES, LEVIES AND COLLECTIONS
Tax Capacity Rates
1996/97
For
1992/93 1993/94 1994/95 1995/96 Total Debt Only
Washington County 27.620% 28.198% 28.221% 27.442% 25.566% 3.631%
City of Stillwater (Urban) 28.651 29.626 30.917 35.294 34.769 13.383
ISO 834 (Stillwater) 66.169 62.686 67.093 65,230 61.762 10.880
Northeast Metro College 1.701 1 .428 0.372 0.375 0.297 0.297
Special Districts 5.218 6.390 5.643 5.271 % 5.316 0.921
Total 129.359% 128.328% 132.246% 133.612% 127.710% 29.112%
*
Special Districts include Metropolitan Council, Regional Transit District, Washington County HRA, and
Metropolitan Mosquito Control District.
Tax Collections for the City
Gross
Levy/Collect ~
Collected During
Collection Year
Amount Percent
Collected
As of 12-31-96
Amount Percent
Net
Levy*
1996/97
1995/96
1994/95
1993/94
1992/93
$4,930,993
4,568,601
4,024,719
3,763,991
3,649,221
$3,941,109
3,596,458
3,019,651
2,769,498
2,676,202
98.8%
97.8
98.3
99.1
(In Process of Collection)
$3,551,702 98.8% $3,551,702
2,947,982 97.6 2,953,862
2,720,696 98.2 2,721,695
2,640,249 98.7 2,653,347
The net levy excludes Homestead and Agricultural Credit Aid ("HACA'j and other property tax credits.
The net levy is the basis for computing tax capacity rates beginning with the 1993/94 levy. The gross
levy is the basis for computing tax capacity rates in prior years.
FUNDS ON HAND
As of April 30, 1997
Total Cash and Investments
$11,209,897*
*
Includes $4,686,832.17 in debt service funds available to pay principal and interest due on
outstanding bonds.
CASH AND INVESTMENTS
As of April 30, 1997, the City had investments with a market value of $10,853,405. All of the
investments mature in less than one year. All investments are held in certificates of deposit,
commercial paper, U.S. Government, U.S. federal agency securities, and bankers acceptance.
Interest rates of the City's portfolio range from 4.00% to 5.77%.
A formal investment policy is maintained with all investments for the City made by the City
Treasurer and/or the City Coordinator.
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APPENDIX II
CONTINUING DISCLOSURE CERTIFICATE
Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain i~formation. ~elating to the Bonds and the security
therefo~ an~ to p~rmlt the. onglnal purchaser and other participating
underwriters In the primary offering of the Bonds to comply with amendments to
Rule 15c2-12 promulgated by the Securities and Exchange Commission (the SEe)
und~r t.he S~curities Exch~nge Act of 19.34 (17 C.F.R. S 240.15c2-12), relating to
continuing dIsclosure (as In effect and Interpreted from time to time, the Rule)
which. will enhance the marketability of the Bonds, the Issuer hereby makes th~
following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The Issuer is
the only "obligated person" in respect of the Bonds within the meaning of the
R.ule for purposes of identifying the entities in respect of which continuing
disclosure must be made. If the Issuer fails to comply with any provisions of
this sec~ion, any person aggrieved ther~by, including the Owners of any
Outstanding Bonds, may take whatever action at law or in equity may appear
necessary or appropriate to enforce perf:ormance and observance:, of any
agreement or covenant contained in this section, including an action for a writ of
mandamus or specific performance. Direct, indirect, consequential and punitive
damages shall not be recoverable for any default hereunder to the extent
permitted by law. Notwithstanding anything to the contrary contained herein, in
no event shall a default under this section constitute a default under the Bonds
or under any other provision of this resolution. As used in this section, "Owner"
or "Bondowner" means, in respect of a Bond, the registered owner or owners
!hereo~ .appearing" in the b~nd regist~r maintained ~y the Registrar or any
BenefiCial Owner (as hereinafter defined) thereof, If such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein, "Beneficial
~wner" mea~s,. in respect of a Bond, any person or entity which (i) has the power,
directly .or indirectly, to vote or consent with respect to, or to dispose of
ownership of, such Bond (including persons or entities holding Bonds through
nominees, depositories or other intermediaries), or (ii) is treated as the owner
of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The Issuer will provide, in the manner set
fort~ in subsection (c) hereof, either directly or indirectly through an agent
designated by the Issuer, the following information at the following times:
(1 ) on or before 365 days after the end of each fiscal year of the Issuer,
commencing with the fiscal year ending December 31, 1997, the following
financial information and operating data in respect of the Issuer (the Disclosure
Information) .
(A) the audited financial statements of the Issuer for such fiscal year,
accompanied by the audit report and opinion of the accountant or government
auditor relating thereto, as permitted or required by the laws of the State
of Minnesota, containing balance sheets as of the end of such fiscal year and
a statement of operations, changes in fund balances and cash flows for the
fiscal year then ended, showing in comparative form such figures for the
preceding fiscal y~ar of. th~ Issuer, prepared in accordance with generally
accepted accountmg principles promulgated by the Financial Accounting
Standards Board as modified in accordance with the governmental
11-1
DORSEY & WHITNEY LLP
MINNEAPOLIS
PILLSBURY CENTER SOUTH
220 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1498
TELEPHONE: (612) 340-2600
FAX: (612) 340-2868
NEW YORK
WASHINGTON. D.C.
DENVER
LONDON
SEATTLE
BRUSSELS
FARGO
HONG KONG
BILLINGS
DES MOINES
ROCHESTER
$485,000 General Obligation Improvement Bonds, Series 1997B
City of Stillwater, Washington County, Minnesota
. MISSOULA
COSTA MESA
GREAT FALLS
As Bond Counsel in connection with the authorization, issuance and sale by the City of Stillwater,
Washington County, Minnesota (the City), of the obligations described above, dated, as originally issued,
as of July I, 1997 (the Obligations), we have examined certified copies of certain proceedings taken, and
certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the
Obligations, including the form of the Obligations. As to questions of fact material to our opinion, we have
assumed the authenticity of and relied upon the proceedings, affidavits and certificates furnished to us
without undertaking to verify the same by independent investigation. From our examination of such
proceedings, affidavits and certificates and on the basis of existing law, it is our opinion that:
1. The Obligations are valid and binding general obligations of the City, enforceable in accordance
with their terms except to the extent to which enforceability thereof may be limited by the exercise of
judicial discretion or by state or federal laws relating to bankruptcy, reorganization, moratorium or
creditors' rights.
2. The principal of and interest on the Obligations are payable from special assessments to be
levied on property specially benefited by the improvements financed by the Obligations and from ad
valorem taxes heretofore duly levied on all taxable property in the City, which have been pledged and
appropriated for this purpose, but if necessary for payment thereof additional ad valorem taxes are
required by law to be levied on all such property, which taxes are not subject to any limitation as to rate or
amount.
3. Interest on the Obligations (a) is not includable in gross income for federal income tax purposes or
in taxable net income of individuals, estates or trusts for Minnesota income tax purposes; (b) is includable in
taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; (c) is
not an item of tax preference includable in alternative minimum taxable income for purposes of the federal
alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax
applicable to individuals, estates and trusts; and (d) is includable in adjusted current earnings of
corporations in determining alternative minimum taxable income for purposes of federal and Minnesota
alternative minimum taxes.
The opinions expressed in paragraph 3 above are subject to the condition of the City's compliance
with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent
to the issuance of the Obligations in order that interest thereon may be, and continue to be, excluded from
gross income for federal income tax purposes. The City has covenanted to comply with these continuing
requirements. Its failure to do so could result in the inclusion of interest on the Obligations in federal gross
income and in Minnesota taxable net income, retroactive to the date of issuance of the Obligations. Except
as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to holders
of the Obligations.
We have not been asked, and have not undertaken, to review the accuracy, completeness or
sufficiency of any offering materials relating to the Obligations, and, accordingly, we express no opinion
with respect thereto.
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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 5.85 square miles (3,829 acres), and had a 1980 U.S. Census population of
12,290, a 20.6% increase over the 1970 count of 10,191. The City's 1990 U.S. Census
population was 13,882, a 13% increase over the 1980 Census. The Metropolitan Council
estimates the 1995 population to be 15,649.
Although the City's tax base is primarily residential, the economy is influenced by a large
number of public employers. Stillwater is the Washington County Seat and the headquarters
for Independent School District 834, and the adjacent cities of Bayport and Oak Park Heights
are the homes of two major State correctional facilities.
Major Employers in the Area
Employer
Andersen Corporation
Washington County*
Independent School District 834*
UFE Incorporated*
Cub Foods, Inc. *
Minnesota State Prison
Lakeview Memorial Hospital*
Design Fabricated Parts, Inc. *
INCSTAR Corp.*
Target Stillwater*
Northern States Power Company
Product/SerVice
Manufacturing Windows and Doors
Government
Education
Plastic Inject Mold
Retail Grocery
Correctional Institution
Medical
Automotive Graphics
Medical Manufacturing
Retail
Utility
These employers are within the City of Stillwater.
Approximate
Number
of Employees
3,000
970
920
800
550
470
457
330
250
197
105
Source:
Cities of Stillwater, Bayport and Oak Park Heights "Community Profiles," Minnesota
Department of Trade and Economic Development, May 1996.
Effective Buying Income
Year
Effective Buying Income for Washington County
Total Median
($000) Household
$3,045,292* $42,999*
3,384,089 50,208
2,925,409 46,993
2,704,885 45,063
2,514,521 43,425
1995
1994
1993
1992
1991
EBI figures shown for 1991 through 1994 were based on Bureau of Economic Analysis "personal
income" and are not directly comparable to EBI figures for 1995, which are based on Census Bureau
"money income. "
*
NOTE: 1995 State median household EBI: $32,700.
Source: Sales and Marketing Management. 1996-1991 Editions.
- 13-
Labor Force Data
February 1997
Civilian Unemployment
Labor Force Rate
February 1996
Civilian Unemployment
Labor Force Rate
Washington County
Minneapolis-St. Paul MSA
Minnesota
104,972
1,630,162
2,613,452
2.4%
2.6
3.6
3.3%
3.3
4.5
102,720
1,593,456
2,564,824
Source:
Minnesota Department of Economic Security. 1997 data is preliminary.
Recent Development
Stillwater's residents and business owners in the early 1970's began to encourage the historic
preservation of City structures, both commercial and residential. This ~ove~~nt ha.s been at
least partially responsible for restoring the City's downtown area to I~S or~gl~al n1neteenth-
century river town character, with many busin~sses a~d s~ops housed In bUildings more .than
100 years old. Downtown Stillwater and eight residential structures are on the Natlon~1
Register of Historic Places. Many of the City's old~r homes have been r~stored to t~elr
historical period and are occasionally open for public tours. The restoration/preservation
movement has generated a significant tourist trade which is important to the City's economy.
In October, 1988, the City adopted a Downtown Plan which serves as a gui~e. for future City
improvements and private development in the downtown area. The public Improve.ments,
estimated to cost approximately $15 million when all phases are co~pleted, .mcl~de
infrastructure improvements, additional parking, flood protection, an~ pub.llc beautlficatl~n
projects along the riverfront and Main Street. Financi~g of. the varl?us Improvements IS
expected to be provided from a variety of sources, mcludln~ special ass~ssments, .t~x
increment revenue, State funding, grants, private donations and Internal finanCing from utility
funds. To date, Phase 1, a $7 million infrastructure improvement program, has been
completed. Phase II, the levee wall reconstruction, began July 1996. Subsequent to approval
of the Downtown Plan, a 15,000 square foot, $2,000,000 office building and $1 million railroad
depot have been constructed in the downto.w:n. Sev.eral ~xisting historic store fronts and
buildings have been renovated with over $5 million of private Improvements over the past three
years.
First phase annexation of 600 acres west of the City occurred in October 1996. The land will
accommodate as many as 600 housing units over the next five years. A new 100,000 square
foot elementary school is also currently under construction in the recently annexed area.
Development in downtown Stillwater continues. Most recently, the "~Id Maple Island Dairy" h~s
been renovated into a hardware store, offices and retail space (spring 1997). The Staples Mill
National Historic Landmark structure recently was added onto with a 3,000 square foot office
space addition. City hall renovation of $4 million in the downtown is well underway with
completion schedule for summer 1997.
In the Stillwater West Business Park, two medical office buildings, a bank and an auto repair
service center, valued at $3 million, were recently constructed.
The Stillwater Marketplace strip center, costing approximately $2 million, was completed in
1996. Ten new commercial businesses including service, retail and eating establishments
occupy the space.
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APPENDIX I
PROPOSED FORM OF LEGAL OPINIONS
DORSEY & WHITNEY LLP
MINNEAPOLIS
PILLSBURY CENTER SOUTH
220 SOUTH SIXTH STREET
MINNEAPOLIS. MINNESOTA 55402-1498
TELEPHONE: (612) 340-2600
FAX: (612) 340-2868
$705,000 General Obligation Capital Outlay Bonds, Series 1997 A
City of Stillwater, Washington County, Minnesota
MISSOULA
NEW YORK
WASHINGTON, D.C.
DENVER
LONDON
SEATTLE
BRUSSELS
FARGO
HONG KONG
DES MOINES
BILLINGS
ROCHESTER
COSTA MESA
GREAT FALLS
As Bond Counsel in connection with the authorization, issuance and sale by the City of Stillwater,
Washington County, Minnesota (the City), of the obligations described above, dated, as originally issued,
as of July 1, 1997 (the Obligations), we have examined certified copies of certain proceedings taken, and
certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the
Obligations, including the form of the Obligations. As to questions of fact material to our opinion, we have
assumed the authenticity of and relied upon the proceedings, affidavits and certificates furnished to us
without undertaking to verify the same by independent investigation. From our examination of such
proceedings, affidavits and certificates and on the basis of existing law, it is our opinion that:
1. The Obligations are valid and binding general obligations of the City, enforceable in accordance
with their terms except to the extent to which enforceability thereof may be limited by the exercise of
judicial discretion or by state or federal laws relating to bankruptcy, reorganization, moratorium or
creditors' rights.
2. The principal of and interest on the Obligations are payable from ad valorem taxes heretofore
duly levied on all taxable property in the City, but if necessary for payment thereof additional ad
valorem taxes are required by law to be levied on all such property, which taxes are not subject to any
limitation as to rate or amount.
3. Interest on the Obligations (a) is not includable in gross income for federal income tax purposes or
in taxable net income of individuals, estates or trusts for Minnesota income tax purposes; (b) is includable in
taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; (c) is
not an item of tax preference includable in alternative minimum taxable income for purposes of the federal
alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax
applicable to individuals, estates and trusts; and (d) is includable in adjusted current earnings of
corporations in determining alternative minimum taxable income for purposes of federal and Minnesota
alternative minimum taxes.
The opinions expressed in paragraph 3 above are subject to the condition of the City's compliance
with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent
to the issuance of the Obligations in order that interest thereon may be, and continue to be, excluded from
gross income for federal income tax purposes. The City has covenanted to comply with these continuing
requirements. Its failure to do so could result in the inclusion of interest on the Obligations in federal gross
income and in Minnesota taxable net income, retroactive to the date of issuance of the Obligations. Except
as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to holders
of the Obligations.
We have not been asked, and have not undertaken, to review the accuracy, completeness or
sufficiency of any offering materials relating to the Obligations, and, accordingly, we express no opinion
with respect thereto.
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Summary of Building Permits
Single-F am By Multiple Dwelling
Total Permits Home Permits Permits
Year Number Value Number Value Number Value
1997 (at 4-30) 151 $14,863,870 7 $1,195,495 8 736,000
1996 577 25,436,052 18 2,919,500 28 2,548,000
1995 916 22,471,404 49 5,739,224 16 $1,410,000
1994 983 22,012,582 87 9,822,674 12 1,122,000
1993 1,061 39,390,000 121 3,614,982 32 2,659,000
1992 507 29,284,069 144 15,598,843 3 3,429,000
1991 462 50,949,040* 110 11,671,010 6 6,245,500
1990 373 12,934,742 41 4,103,400 4 410,000
1989 375 14,957,590 32 3,453,728 6 565,944
1988 443 17,610,961 49 5,496,390 10 1,395,000
1987 591 23,633,226 74 7,542,329 5 531,000
* Includes a Law Enforcement Center and parking ramp for Washington County.
Financial Institutions
Commercial banks located in the City include Central Bank; Norwest Bank Minnesota, National
Association; First Bank of Minnesota, National Association; TCF Bank Savings FSB; and Firstar
Bank of Minnesota, National Association.
Source: Northwestern Financial Directory of the Upper Midwest, Spring 1996 Edition.
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 290
licensed beds.
Education
Independent School District 834 serves the City of Stillwater and some surrounding
communities. The District has a 1996/97 enrollment of approximately 8,976 students in grades
kindergarten through twelve. The physical plant of the District includes eight elementary
schools, two junior high schools and a senior high school.
GOVERNMENTAL ORGANIZATION AND SERVICES
Organization
Stillwater 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 and all four Council members are elected at-large to serve four-year overlapping terms
of office. The present Council is comprised of the following members:
Jay Kimble
Gene Bealka
Eric Thole
Terrence Zoller
Richard E. Cummings
Expiration of Term
January 1999
January 1999
January 2001
January 1999
January 2001
Mayor
Council Member
Council Member
Council Member
Council Member
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The City Coordinator, Mr. Nile L. Kriesel, is responsible for the general management of the City.
Official record-keeping functions are the responsibility of the City Clerk, Ms. Morli J. Weldon.
Financial management of the City is the responsibility of the Finance Directorrrreasurer, Ms.
Diane Deblon. The Coordinator, Clerk and Finance Directorrrreasurer are appointed by the
City Council and serve at the Council's discretion.
The City employs approximately 67 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 17 full-time officers. The Stillwater Fire Department,
comprised of seven full-time members and 30 volunteers, serves the City and some
surrounding communities. Stillwater has a class 3 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 Commissioners, all
of whom are appointed by the Mayor.
The water supply is taken from five wells. The combined pumping capacity for the wells is
4,250 gallons per minute. The system has a storage capacity of 2.1 million gallons. Daily water
demand for the City averages 1.5 million gallons per day; peak demand is estimated at 4 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 Waste Control Commission ("MWCC"), an agency of the Metropolitan Council.
The City is billed an annual service charge by MWCC which is adjusted the subsequent year
based on actual usage.
Electricity and natural gas are provided by Northern States Power Company.
Pensions
The City participates in the Public Employees Retirement Association (PERA) which covers
substantially all employees except those qualifying as temporary or seasonal employees.
PERA is administered by the State and coordinated with the Federal Social Security Retirement
Plan. State Statute requires the City to fund current service pension costs as they accrue.
Prior service costs are being amortized over a period of 40 years and funded by payments
determined as a percentage of gross wages paid by all participating employers. The amount of
unfunded prior service costs attributed to individual reporting entities is not determinable. The
City's contribution to PERA in 1996 was $229,319.
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 totaling $76,537 and no contribution was required to be made by the
City.
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General Fund Budget Summary
1997 1996
Budget Estimated
Revenue:
Taxes $ 3,413,700 $ 3,214,000
Licenses and Permits 262,130 263,861
Charges for Services 659,576 546,563
Fines and Forfeits 130,000 148,640
Intergovernmental 1,248,641 1,827,601
Miscellaneous 187.750 302.250
Total Revenue $ 5,901,797 $ 6,302,915
Expenditures:
General Government $ 1,146,368 $ 1,059,210
Public Safety 2,511,588 2,410,453
Public Works 1,107,752 1,038,487
Unallocated 84,000 736,913
Capital Outlay 344.265 418.097
Total Expenditures $ 5,193,973 $ 5,663,160
Revenue Over (Under) Expenditures $ 707.824 $ 639.755
Other Increases (Decreases):
Transfers In $ 320,965 $ 418,097
Transfers Out (1,058,789) (1,775,503)
Total Other Increases (Decreases) $ (737 .824) $(1.357.406)
Net Increase (Decrease) in Fund Balance: $ (30,000) $ (717,651 )
Fund Balance - January 1 2.757.344 3.474.995
Fund Balance - December 31 $ 2.727.344 $ 2.757.344
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COMPASS
Consultants For Institutional Advancement
4620 West 56th Street . Minneapolis, Minnesota 55424 · Phone/Fax (612) 929-6309
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With the arrival of summer 1997, the St. Croix Valley Sports Facility is poised for completion of
its funding activities. It has been our pleasure to work with the members of the sports
commission, Stillwater city council and numerous residents of the valley for the last three months.
This report details our work and recommendations for the project to date and represents our best
judgment as to the steps that must be taken in order to successfully complete the Sports Facility
campaign -- both strengths and areas requiring attention.
The issues raised in this report have to be dealt with in order to complete the campaign.
However, we do feel that the leaders and volunteers of the St. Croix Valley Sports Facility are
capable of taking full advantage of present circumstances to move ahead.
The COMPASS Assignment
Compass Development was contacted by representatives for the St. Croix Valley Sports Facility
Commission in January of this year. COMPASS representatives made presentations to the City
Council in February and work commenced in March. Specifically, COMPASS was invited to
develop and implement a public phase of the ongoing Sports Facility funding drive that would
complete the remaining $2 million goal. Because more than a year of activity, negotiations, and
communications had already taken place, COMPASS requested and received permission to
conduct an initial assessment of the project's current status in the community to determine if the
public would support this final phase. Because a public phase of a campaign can easily take 18
months to complete and because of group pressure to break ground by fall of 97, COMPASS
conducted the study with additional thoroughness.
COMPASS assessment of the project
After completion of an extensive project evaluation and an exhaustive market study including
individual, organizational, and group interviews, COMPASS Development has concluded that the
St. Croix Valley Sports Facility campaign:
· Has enough potential support in the community to warrant proceeding with a public campaign
phase.
· Has potential for financial support that has not yet been fully developed or committed to the
project which will require additional effort to result in campaign support.
· Should renew efforts to involve several communities in the St. Croix Valley north of Highway
94 which are not currently participating in the project.
· We further anticipate that the bulk of such an effort will take place over the next 10 months,
with the possibility of additional time for advance community public relations and preparation.
Issues that will affect the public phase include:
ST. CROIX VALLEY SPORTS FACILITY.
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NOVEMBER 1. 1996
· The public phase must be volunteer based. The community will be much more responsive to
solicitation by neighbors and business peers.
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Accordingly, a committed effort must be made to renew and add to the present leadership of
the sports commission fund-raising committee with greater community participation from and
business and resident leaders.
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Finalized operating and construction costs in tandem with any additions or modifications to
the project should be completed and distributed to the community as part of the
communications plan.
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A major commitment to a greatly expanded community marketing and public awareness phase
must be established.
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A reconsideration of the current project must occur to reflect local popular opinion that the
facility should be modified to serve as a community center.
With these steps taken, we believe that the public phase of the St. Croix Valley Sports Facility
campaign could raise up to $2 million for completion of the project. However, our initial
assessment also finds that achieving the $1-2 million fund-raising goal for completion of the
Sports Facility will be unlikely unless several solvable issues confronting the project are rectified.
PROJECT STRENGTHS
In our evaluation process, COl.\1P ASS associates determined that the project currently has several
important positive attributes that establish an overall optimistic outlook for successful completion.
Among the most important of these are the following:
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Positive funding environment
The St. Croix Valley at this time represents an exceptionally high potential funding environment.
In assessing project potential, a normal step for COMPASS is to determine if the community has
discretionary resources available that can be directed towards the project. In a majority of
studies, such potential is not the case. However, the St. Croix Valley community has an ample
potential level of philanthropy. An influx of white collar professional families, an exceptionally
prosperous local economy, and a decades long tradition of high quality of life reinforce this
conclusion.
Tradition of excellence
While conducting our interviews, it became apparent that an overall posItive atmosphere of
cooperation and civic pride is evident in Stillwater and surrounding communities. Interviewees
pointed to several projects that, once the community determined their necessity were quickly
completed. Examples ranged from the excellence of the high school campus to recent efficiency
in protecting the city from flooding. Such a positive civic atmosphere enhances any project's
potential for completion.
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ST. eROI X V ALLEY SPORTS FACILITY.
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NOVEMBER 1. 1996
Receptive municipalities
COMP ASS associates were also favorably impressed with the cordiality and open-mindedness of
the relationships of neighboring municipalities. While traditional bickering and rivalries are
common place to any adjoining municipalities, the communities, especially north of Highway 94,
share many common experiences and are willing to consider the merits of the Sports Facility. We
concluded that partnering in the areas beyond those already established is possible.
Positive governmental relations
Currently the municipal government services of Stillwater are held in high regard by the
community. The city is perceived as being effectively run with services delivered in a timely
manner. While some concern was expressed regarding the decision making wisdom of the current
City Council, residents see the project as part of an efficiently run community which enhances
prospects for campaign support.
Supportive organizations and volunteers
In successfully completing a public campaign phase, the ability to mobilize civic organizations and
associations is crucial. The St. Croix Valley has several groups that have expressed interest or
already committed to completion of the project. Sports organizations, business associations, and
civic groups are potentially willing to provide volunteers, leadership and canvassing of the
community for the campaign. This is a very important factor.
Untapped funding resen'es
As stated earlier, COMPASS feels that the St. Croix Valley has the financial resources to
complete the project. In addition, COtv1P ASS associates believe that the potential for additional
large lead gifts has not yet been exhausted. Lead gifts will be a potentially important factor in
completion of the public phase.
Valid need
Probably the single most important issue derived from the study was that the community is aware
of the validity of the needs for the project. The current condition of the Lilly Lake Arena is well
documented and residents realize that to refuse this project is to only delay the inevitable needs
for replacement of an outdated and outmoded current facility. While this basic acknowledgment
exists, residents quickly added that their support would be greatly increased if the project met
more future community needs.
STRATEGIC ISSUES
While an overall optimistic conclusion has been reached by COMPASS associates, several
important issues were identified in the study that require attention.
Proiect shift - volunteers - government - professionals
When first conceived, the project was advanced by a group of private citizens. Over the past year
the original Sports Facility commission group of volunteers has experienced severe depletion due
to resignations, health conditions, and general exhaustion. With the increased involvement of city
professionals and the City Council, the volunteer aspect has been diminished. In addition, the
participation of COtv1P ASS has suggested to a number of interviewees that the project will now
ST. CROIX V ALLEY SPORTS FACILITY.
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NOVEMBER 1. 1996
be handled by professionals. Unless localized volunteer involvement is maintained the project
could be placed in a potentially vulnerable position. Campaigns run with local volunteers and
leaders are much more effective in funding drives. Every effort must be made to reinforce this
important aspect of the project.
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Nonexistent community PR camoaign
One of the most striking aspects of the study was that general community knowledge or
awareness of the project was practically nonexistent. This was especially crucial in that when
presented with detailed facts regarding the project, those interviewed were significantly more
supportive of the project. Developing updated printed materials, mailings, and working with the
local media to develop an effective community education campaign will be of highest priority in
the weeks to come.
Leadershio reinforcement
In addition to the fact that the current Sports Facility Fund-raising Committee membership is
depleted, the project also needs to have individuals who are highly regarded in the community
advocate and identify with it. Several leaders in the business community, local government,
representatives of the seniors community and neighborhood representatives have been suggested.
Recruitment of these individuals will also be an important priority.
Lack of proiect understanding
The community currently has several misconceptions about the project. Unless countered these
factors could significantly affect the public phase.
· Project origins -- The Sports Facility is perceived as a project started by special interest
groups, specifically, the Hockey Association and individuals desiring to take advantage of
Mighty Ducks legislation. Accordingly, the community sees it as benefiting a limited segment
of the population.
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· Site objections -- The current site location has been called into question for several reasons.
Parking availability, the commercial nature of the location, concern over National Guard site
sharing, and distance from youth were all mentioned. When provided with explanations for
these issues, most people withdrew their objections. This underscores the need for the
communication / community education phase.
Community center support
While the community has temperate support for the project as currently designed, enthusiasm and
willingness to contribute increased significantly when modifications that broadened community
use were added. A walking track, wellness center, and other recreational features will greatly
increase support for the project.
Association Negotiations
The Sports Facility has benefited from the hard work and support of several civic~minded
volunteer groups. Among these, the Hockey and Soccer Associations are pivotal to final
outcome of the project. Both organizations can provide numerous volunteer solicitors and their
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ST. CROIX V ALLEY SPORTS FACILITY.
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NOVEMBER 1. 1996
endorsement and support of the project are vital. Both organizations are in negotiations with the
City to define their role in the complex, their commitment to the project, and to ensure that the
facility meets valid needs of both groups. Completion of these discussions with both groups to a
final degree of satisfaction and fairness will be an important interim step in preparing for the
public phase of the campaign.
PLAN FOR PROCEEDING
With the proceeding factors in mind, COMPASS is preparing to proceed with the public phase of
the drive. The following sequence is recommended:
June -- September
Revitalized leadershio
One of the most important factors in the success of any project is collective leadership. The most
successful solicitations are made when volunteers who have already made financial commitments
to the project solicit their peers. The most effective volunteers will be those who have influence
within the Stillwater vicinity and are willing to use it for the project. Accordingly, the current
Sport Facility Commission should aggressively seek additional new members. This revitalized
team should be capable of mobilizing the community to support the project. Identification of
potential members and invitation to join the Commission should begin immediately.
Proiect modifications
To increase community enthusiasm for the project, redesign of the facility as a community center
should be considered. Clear definitions of the proposed armory and existing complex should be
reviewed. Several new representatives from the community should be invited to participate in this
review and finalizing of the facility. We propose a quick, precise review by this group over the
next few weeks. Any modifications to community center status must be widely circulated to the
community.
Finalized costs - construction /ooerations
As the final components formula for the design is completed, updated costs and their impact on
the public phase should be incorporated into any communications and PR activities for the drive.
Completed organization negotiations
Negotiations currently underway with the sports assocIatIOns should be quickly and fairly
completed. The good will and enthusiastic support of both groups will be crucial in preparation
for the public phase.
Communications campaign
The summer months should include design and implementation of an aggressive public relations
and communications campaign to educate residents to the importance, validity, and timeliness of
the campaign. During our interviews, we found that while the community was supportive and
aware of the St. Croix Valley Sports Facility Project, they were not fully aware of the project's
plans or mission and wanted to know more. Accordingly, the project should take advantage of
this heightened interest by providing a public relations program for educating the community
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ST. CROIX V ALLEY SPORTS F AGILITY.
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NOVEMBER 1. 1996
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about the worth of the project and importance of its completion to them. We see this as having
great importance from two perspectives. First, it is important for the St. Croix Valley Sports
Facility Project to move from a defense of its worth to a proactive role. A strong public relations
education effort in concert with the start of the facility will enable the project to solidify its base
within the region and to expand awareness of future funding needs to complete future phases of
the project.
Corporate business phase
Representatives from the Rotary, Lions, both Chambers of Commerce, and other civic I business
organizations should be contacted for endorsement and participation in the public phase. In
person solicitation of all businesses in the region should be conducted with volunteer help from
these groups.
September -- December
Special events activities
Both civic and sports associations have intimated their willingness to sponsor special events
funding activities as part of the project. Raffles of a major prize (car, house, etc,) or other events
will be devised and implemented. In addition, such events as the Drum Beauty or Lumberjack
Days could serve as periods of higWy focused community interest to sponsor a related funding
activity (river races, etc.)
Breakfasts. luncheons
The corporate phase and select individuals capable of a major gift will also evaluate the potential
of using a series of breakfast or luncheon presentations and pledge events to complete the
business and funding phase of the project.
Senior drive
With a specialized advisory team composed of senior leaders in the community, a series of coffee
parties, senior sessions or presentations will encourage senior pledging and support of the project.
Neighborhood drives
In the fall, in coordination with ground breaking ceremonies, neighborhood solicitation teams will
be organized to conduct an "every home" canvass. Envelope circulations and local presentations
will support this effort.
Direct mail
As a final stage, a direct mail campaign will consist of a first mailing of targeted literature to
generate support for the project and prepare for a second mailing requesting pledges and
contributions.
Campaign parameters
We propose that gifts to the public phase be prorated over a three-year pledge period and that
acknowledgment of four gift levels be recognized in the campaign and the facility:
$100 gift -- $500 gift -- $1,000 gift -- over $10,000.
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET. SUITE #202. P.O. Box 438 . STILLWATER, MN 55082
TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641
DAVID T. MAGNUSON
RICHARD D. ALLEN
MEMORANDUM
TO:
Modi Weldon, City Clerk
David T. Magnuson, Stillwater City Attorney ~
FROM:
DATE:
May 29, 1997
SUBJECT: Ordinance Extending the Moratorium on the Granting of any Permits for Cellular
and PCS Towers
Attached is the Ordinance on the Extension of the Tow..:r Moratorium that you need for the June
3 rd, 1997, packet.
DTM/ds
Attachment
ORDINANCE NO.
AN ORDINANCE EXTENDING THE MORATORIUM ON THE GRANTING
OF ANY PERMITS FOR CELLULAR AND PCS TOWERS
The City Council of the City of Stillwater does ordain:
1. That the City of Stillwater is a Home Rule City of the third class existing under the
laws of the State of Minnesota and is a "Municipality" within the meaning of Chapter 462.352,
Subdivision 2, a law commonly known as "The Municipal Planning Act" .
2. That the City Planner is currently conducting studies for the purpose of developing
sound zoning regulations that will be consistent with federal regulations and other law and has
indicated that, in view of the study and the new Federal Regulations, it would be premature for the
City to consider applications for permits for any tower.
3. That Minnesota Statutes 462.355, Subdivision 4, authorizes the adoption of an
Interim Ordinance that would allow time for the City to study the Planner's recommendations and
amend the Zoning Ordinance to effectuate these controls.
4. An Interim Ordinance was adopted pursuant to Minnesota Statutes 462.355,
Subdivision 4, that prohibited and restricted the construction of new cellular and PCS towers for a
period of ninety (90) days and during that time, any requests for tower approvals were tabled. The
study of the new Tower Ordinance is not complete however, staffhas requested an extension of the
Moratorium for an additional ninety (90) days.
5. The Moratorium enacted on February 18, 1997, is hereby extended for an additional
period of ninety (90) days.
6. This Ordinance shall be in full force and effect from and after its publication
according to law.
Enacted by the City Council of the City of Stillwater this 3rd day of June, 1997.
By
Jay L. Kimble, Mayor
ATTEST:
Morli Weldon, Its Clerk
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MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director ~
DA: May 30,1997
RE: APPROVE CONTRACT FOR GRADING OF MEADOWLARK PARK
The city has received bids for grading Meadowlark Park to improve drainage problems. The
total estimate for grading, pipe laying and tree transplanting is $15,606. The grading part of the
project is $8,500. This is an excellent price for the work proposed (because the constructor is the
contractor for the Interlachen subdivision project). This improvement is being coordinated with
the neighbors.
Recommendation: Approval of bid
Attachment: Rehbein Bid.
8651 NAPLES ST. N.E. · BLAINE, MN 55449-6724 · (612) 784-0657 .
30 May, 1997
CITY OF STILLWATER
216 North Fourth Street
Stillwater, MN 55082
Attention: Tim Moore
FAX #439-0456
Reference: BID FOR MEADOW LARK PARK
Dear Tim:
Our price for the bituminous removal is $1,540.00. Our price for 220 feet of 12" RCP, flared-
end section, catch basin, transplanting 7 trees, importing fill and finish grading site is
$15,966.00 for a total of $17,506.00.
Credit to City for cost of fill is $1,900.00 (from Jim Peterson) for a total bid of $15,606.00.
If you have any questions, please call me at 784-0657.
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Sincerely,
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Dirk Rehbein
Project Coordinator
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MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director V
DA: May 30,1997
RE: AUAR BROWN'S CREEK IMPROVEMENT PROJECT
The AUAR mitigation plan protection strategy #1 calls for the diversion of discharge from Long
Lake to wetlands north of McKusick Lake. The Long Lake outlet would be reconfigured along
with the ditch leading from Long Lake to McKusick Lake. The dike that separates the wetlands
west of McKusick Lake would be removed or breached to allow water to flood the wetland.
In order to validate the diversion strategy, a feasibility study is required. Attached to this memo
is a proposal for a feasibility study from Bonestroo, Rosene, Anderlik and Associates, authors of
the AUAR for the feasibility study.
Engineering and planning staff has reviewed the proposal and felt it covers the necessary
elements of a feasibility study. To follow up on Councilman Cummings question regarding the
condition of McKusick Lake, an optional McKusick Lake Diagnostic Study is offered. The
study includes an aquatic plant survey, fish survey, zoo plankton and algae characterization, lake
sediment characterization, groundwater springs investigation and water chemistry monitoring.
The costs of the additional work is $16,952. The information would provide a baseline for
monitoring the condition of the lake after diversion. The information could also be used to
develop a management or improvement strategy.
The costs ofthe feasibility study, $~~,242, would be a part of the project costs along with the
preparation of plans and specifications, the next phase of the project implementation. Staff feels
the AUAR consultants have prepared a thorough AUAR document and are qualified to prepare
the feasibility study.
A letter of interest has also been received from SEH indicating their qualifications and interest in
the project. SEH is currently working on the Long Lake study for the city and is familiar with
the McKusick Lake diversion concept.
Recommendation: Approve proposal with Bonestroo, Rosene, Anderlik and Associates or direct
staff to request additional proposals.
Attachment: Proposal for Brown's Creek Improvement Project.
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Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer
Principals: Otto G. Bonestroo, P.E. . Joseph C. Anderlik, P.E. . Marvin L. Sorvala, P.E. .
Richard E. Turner, P.E. . Glenn R. Cook, P.E. . Robert G. Schunicht, P.E. . Jerry A. Bourdon, P.E. .
Robert W. Rosene. P.E. and Susan M. Eberlin, C.P.A., Senior Consultants
Bonestroo
Rosene
Anderlik &
Associates
Associate Principals: Howard A Sanford, P.E. . Keith A Gordon, P.E. . Robert R. Pfefferle, P.E. .
Richard W. Foster, P.E. . David O. Loskota, P.E. . Robert C. Russek, AI.A . Mark A Hanson, P.E. .
Michaei T. Rautmann, P.E. . Ted K.Field, P.E. . Kenneth P. Anderson, P.E. . Mark R. Rolfs, P.E. .
Sidney P. Williamson, P.E., R.S. . Robert F. Kotsmith
Offices: St. Paul. Rochester, Willmar and St. Cloud, MN . Milwaukee, WI
Engineers & Architects
May 28, 1997
Klayton Eckles, City Engineer
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Klayton,
The Stillwater Annexation Area AUAR represents the City of Stillwater's commitment to environmental
stewardship. We appreciate the opportunity to outline our approach to the City's next step - the Brown's Creek
Improvement Project - through this proposal.
The following three points emphasize our focus,
Integration of Water Resource Alternatives. Our approach for the Brown's Creek Improvement Project will
integrate alternatives for several different water resource components. We will determine the optimal combination of
alternatives that balances the issues and needs of residents on Long and McKusick lakes, while protecting the
natural resources of Brown's Creek. Water resource components include an improved Long Lake outlet; diversion
of runoff from much of the annexation area and Long Lake to McKusick Lake; and realignment of Brown's Creek
around McKusick Lake.
Technical Advisory Committee. The involvement of the Technical Advisory Committee is critical for successful
implementation of the Stillwater AUAR. Many of the individuals that participated on the Stillwater AUAR
Technicial Advisory Committee will be retained to provide guidance for the Brown's Creek Improvement Project.
Other participants such as McKusick Lake homeowners and representatives from Oak Glen Golf Course may also
provide valuable ideas and input
Cost-conscious Approach. Our approach will stress the most economical system that meets the City's needs, yet
is acceptable to regulatory agencies. This approach is derived from our strong municipal engineering background.
Our goal is to work on a long-term basis with our clients by providing, and providing cost-effective designs, Our
long-standing service to a number of cities and their strong financial health attest to this approach.
As an optional service, we have also included a work plan for a diagnostic study of McKusic Lake. This study will
examine the lake's current health and provide a course of action to its improve water quality.
We appreciate your interest and involvement throughout the Stillwater AUAR process and look forward to working
with you on this project If you have any questions about our proposal, please feel free to contact me directly at
604-4736.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
7o&<d;-1~
Robert G, Schunicht, P,E.
Principal- in -Charge
2335 West Highway 36 · St. Paul, MN 55113 · 612-636-4600 · Fax: 612-636-1311
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Project Understanding
The first draft of the Stillwater Annexation Area Alternative Urban
Areawide Review (AUAR) is currently under review. The AUAR Mitigation
Plan, which is a component of the AUAR, outlines specific
recommendations to avoid, minimize or mitigate the potential
environmental impacts of development within the annexation area.
Potential impacts include higher flows and temperatures detrimental to
the trout fisheries and other natural features of Brown's Creek, and poor
water quality and flooding of residential homes on Long Lake.
The cornerstone of the Mitigation Plan is the diversion of stormwater
flowing from Long Lake and other portions of the annexation area to
McKusick Lake. The McKusick Lake diversion will:
~ preserve the integrity of Brown's Creek
~ improve water quality and quantity to Long Lake
~ allow the City of Stillwater to proceed with development as proposed
in the City's Comprehensive Plan
The focus of this feasibility study is to design and determine cost and
funding sources for the McKusick Lake Diversion and other related
mitigation strategies. This feasibility study will serve as a guide for the
City as it proceeds toward implementation of the AUAR Mitigation Plan.
The completion of the feasibility study would coincide with the
completion of the AUAR review and the sanitary sewer feasibility study in
August 1997. With the adoption of the AUAR and the two feasibility
studies completed, installation of infrastructure in the annexation area
could begin.
jI]J Brown 5 Creek Improvement Prqjea - Feasibility Study
U Project Description
.
;.
.
Project Overview
The goal of the feasibility study is to determine the most cost effective
alternatives to mitigate environmental impacts of development in the
annexation area. The study will include three major water resource
components:
~ flooding and water quality concerns on Long Lake
~ diversion of runoff from Long Lake and much of the annexation area
to McKusick Lake, and
~ realignment of Brown's Creek around the McKusick Lake wetland
complex
Alternatives for each of these water resource components will be
evaluated in the feasibility study and presented to the City of Stillwater
and the Technical Advisory Committee. It is important to note that while
these water resource components are described separately here, they
will, in fact, be evaluated together and integrated into one final solution.
Following is an oveNiew of the water resource components to be
evaluated in the feasibility study. These components are identified on the
map on the following page.
o Long Lake
The existing Long Lake outlet structure is designed to regulate flows into
Brown's Creek during the summer when thermal impacts to trout
fisheries are possible, Since all flow from a 2-% to 3-year storm event will
now be diverted to McKusick Lake, this outlet structure will no longer be
required. The new outlet structure will provide 1 DO-year flood protection
to existing residential homes; maintain stable, desirable lake water levels;
enhance water quality; and improve fish and wildlife habitat. The
channel between Long Lake and the DNR wetlands in the Jackson
Wildlife Management Area will also be evaluated to identify ways to
reduce clogs caused by debris and beaver activity.
o McKusick Lake Diversion
Stormwater from the Long Lake Watershed and other portions of
Brown's Creek Watershed will be diverted to McKusick Lake for a 2-% to
3-year storm event. This diversion will require:
~ Removal of McKusick Lake Dike: Portions of the dike will be removed
to provide a hydraulic connection between the main lake basin and
wetland.
~ A diversion structure: A weir will be constructed across the tributary
from Long Lake just south of the Zepher Railroad Track. Flows for
smaller storms will be completely diverted to McKusick Lake while
flows for larger storms will overflow to Brown's Creek and/or be
diverted to McKusick Lake.
~ McKusick Lake Outlet and Dike: A new dike will be constructed along
the existing McKusick Lake wetland/Oak Glan Golf Course boundary.
~ Brown 5 Creek Improvement Prqject - Feasibility Study
U Project Description
2
7'5~
Cit -- ..-
y of Stillwater
I Annexation A
"ong Lake/lVl . I"ea
cKuslck I . k .
JQ'~o .Ja e Diversion
*
J J RonoUtroo
~Ila~
H~
U>.~.~':!'''f<I'lIIUKt.
~1!lJ,
~"
I.l.'gcnd
\r<':J
;l::~t:~[l'; (-Ity I 1I111l:.
.
!.
.
This dike will have an emergency spillway discharging back into
Brown's Creek,
~ A dike along McKusick Lake Road: One section of McKusick Road will
need to be protected by constructing a new dike between McKusick
Lake and McKusick Road.
The feasibility study will evaluate potential alternatives for each of the
diversion elements listed above. These alternatives will be designed to
protect Brown's Creek trout fishery and Louisiana Waterthrush habitat.
These alternatives will also improve water quality and fish and wildlife
habitat on McKusick Lake.
o Brown's Creek Realignment
The feasibility study will examine several options to reroute Brown's
Creek around the newly established Mcl<usick Lake basin. The alignment
alternatives include, but are not limited to, rerouting Brown's Creek:
~ along the Zepher Railroad Line, and
~ between the Lake Mcl<usick wetland and Oak Glen Golf Course
We will work with the Technical Advisory Committee and local property
owners to determine the most practical realignment alternative. Within
the chosen realignment alternative, in-stream trout habitat
improvements will be incorporated into the stream channel design. The
Brown's Creek realignment will not only help protect trout habitat but
may also expand recreational angling opportunities within the City of
Stillwater.
o Wetland Evaluation
All aspects of the feasilibity study will be evaluated for their potential
impact to wetlands. While the AUAR outlines probable impacts in a
general way, the feasibility study will quantify the number of acres
involved and will identify mitigation and permitting requirements of the
DNR Division of Waters; U.S. Army Corps of Engineers; and the
Minnesota Wetland ConseNation Act. Information on wetland impacts
will be presented to the Technical Advisory Committee for consideration
when evaluating project alternatives.
o Project Coordination
The Technical Advisory Committee (TAC) and its participation in the
AUAR process was a critical element in producing the AUAR and its
mitigation plan. The ongoing involvement of several members of the
T AC is important to complete the feasibility study, analyze the
alternatives, and recommend a final product. These members will also
playa critical role in identifying and approaching those who might
provide financial support for the diversion project and associated
restoration activities.
At a minimum, TAC members representative of the following groups
should be included in the feasibility study:
~ Brown 5 Creek Improvement Prqjea - Feasibility Study
li Project Description
4
.
.
.
~ Trout Unlimited
~ Long Lake Homeowners Association
~ Stillwater Township
~ Minnesota DNR (Ecological SeNices, Fisheries, Waters and Wildlife
divisions)
~ Minnesota Pollution Control Agency
~ Washington SWCD
~ Metropolitan Council
~ Developers in the study area
New members to the Committee should include adjacent landowners
and golf course managers, and Mcl<usick Lake homeowners.
Washington County, which seNes as the interim watershed
management organization for Brown's Creek, should also be asked to
participate or should be kept informed of the study's progress. City and
Bonestroo Staff will continue to coordinate this group and provide
needed information and analysis.
o Public Education
Communication with and education of local residents is a critical part of
a successful project. For the proposed projects, it will be necessary to
keep local homeowners, particularly around Long and Mcl<usick lakes,
informed of activities. This will help develop a consensus on the project's
overall goals. To accomplish this, we propose holding at least two public
meetings each with the Friends of Long Lake Homeowners Asssociation
and the Mcl<usick Lake Homeowners Association. In addition to these
four meetings, one or two additional meetings should be held toward
the end of the feasibility study to discuss potential alternatives with
residents.
JI]J Brown 5 Creek Improvement Project - Feasibility Study
li Project Description
5
.
,
I.
.
Project Approach
Our approach to the Brown's Creek Improvement Project will develop
sound solutions that balance the City's needs and the natural resources
of Brown's Creek. We will work with City Staff, regulatory agencies and
other interested parties to develop an implementation strategy that
proposes reasonable structural and non-structural improvements to
enhance and protect the quality of Stillwater's natural resources as the
City continues to grow. We will develop preliminary designs for the
recommended approaches, including easement requirements and cost
estimates,
Our approach to this project is presented below. As part of our
proposed work, we will review all aspects of the proposed
recommendations in the AUAR and recommend the most feasible
approaches to implement these recommendations.
o Work Plan
A. Long Lake
A. 1 Verify the existing storage capacity of the Long Lake/Wetland
Complex .:.
A.2 Review existing hydraulic modeling of Long Lake developed for the
AUAR study
A.3 Prepare preliminary design of proposed wetland
A.4 Prepare preliminary design of proposed stream north of CSAH 1 2 to
Boutwell Road
A.S Prepare cost estimates
B. McKusick Lake Diversion
B.l Verify existing storage capacity of expanded lake basin .:.
B.2 Review existing hydrologic model developed for the AUAR study
8.3 Develop soil exploration plan and supervise soil borings (by
subcontractors) to determine characteristics of underlying soils at
the proposed location of the diversion structure. Use existing soil
boring information associated with the sanitary sewer trunk
extension where possible
B.4 Prepare preliminary design of proposed dike, secondary spillway and
measures to protect McKusick Road from inundation and
weakening of road subgrade.
B.5 Prepare cost estimates
C. Brown's Creek Realignment
c. 1 Verify existing storage capacity of the detention basin created by the
proposed diversion structure .:.
C.2 Review existing hydrologic model developed for the AUAR study
C.3 Prepare preliminary design of low flow diversion structure and
conveyance into McKusick Lake
~ Brown:S Creek Improvement prcyea - Feasibility Study
U Project Description
6
.
.
I.
C4 Prepare preliminary layout of Brown's Creek proposed realignment
around an expanded McKusick Lake.
C5 Prepare cost estimates
D. Wetland Evaluation
0.1 Project Initiation - Collect materials for wetland delineation (e.g"
National Wetland Inventory Map, soil survey, aerial photographs,
USGS)
0.2 Field Delineation - Complete wetland delineation transects (16
estimated), Identify vegetation, soils and hydrology along the
transect. Complete Corp of Engineer's/Board of Soil and Water
Resource Jurisdictional Delineation Data forms, Stake wetland
boundary,
0.3 Report preparation - Prepare a report for submission to the
reviewing agencies, Complete wetland delineation report
containing site description, delineation methodology, wetland
classification and quality, mapped wetland boundaries and U.S,
Army Corps of Engineer's/Board of Soil and Water Resources
Jurisdictional Delineation Data forms.
0.4 Permitting
0.5 Survey wetland boundaries
E. Project Coordination
E, I Identify alternatives for diversion and restoration
E,2 Evaluate alternatives
E.3 Recommend a preferred alternative
E, 4 Identify and meet with potential funding sources for improvements
We estimate that at least six meetings with the Technical Advisory
Committee will be needed to complete these tasks. Finishing the study
will also require regular meetings with City Staff, and may require
additional informational meetings and field surveys with members of the
Technical Advisory Committee or other agencies.
F. Education
F.l Prepare for and conduct five meetings
.:. Our base proposal incorporates field surveys to establish elevations
and topography Two-foot contours of the annexation area would help
with the feasibility report. The additional cost of these contours is
S 17,000.
JIlt Brown:S Creek Improvement Prqjea - Feasibility Stucly
~ Project Description
7
.
.
i.
Optional Services
o McKusick Lake Diagnostic Study
We have identified four objectives for McKusick Lake:
~ Establish an aquatic plant/clear water lake system in place of algae-
dominated/turbid water
~ Use biological processes to sustain clear water condition
~ Enhance the composition and diversity of aquatic plant communities
to attract a diverse wildlife population
~ Investigate the dynamics of how the springs impact McKusick Lake
Tasl<s
1 . Complete aquatic plant survey of McKusick Lake - During spring
and late summer, compare results to the 1974 aquatic plant survey.
Determine composition of plant communities and percent of lake
bottom covered by vegetation,
2. Fish Survey - Complete a mid-summer fish survey using four types
of nets (3/8" mesh), fished for three days, to characterize the fish
community. The composition of the fish community will be a key
factor in regulating water transparency, Data from any recently
completed DNR surveys will be incorporated into the survey as
needed.
3, Zooplankton and Algae Characterization - Samples will be
collected monthly from May through September; major algae and
zooplankton species will be identified and quantified.
4. Lake Sediment Characterization - Eight samples of lake "soil" will
be collected and analyzed in a testing laboratory to characterize lake
sediments. This information can be used to determine what types of
aquatic plant communities the lake will support. Lake sediment
analysis will also be used to characterize the potential for
phosphorus release from sediments.
5. Groundwater Springs Investigation - Characterize water chemistry
of the springs by measuring conductivity, dissolved organic carbon
and phosphorus. Characterize spring flow with seepage meters.
6. Water Chemistry Monitoring - The Metropolitan Council Program
Methodology will be used with additional analysis of dissolved
organic carbon to determine causes of McKusick Lake's bog stain
water color.
Improvement Strategies to be Investigated
~ Macrophyte Composition and Distribution - Is the aquatic plant
distribution adequate to sustain clear water condition?
~ Fish Community Structure - Is the fish community structure correct
for promoting top-down effects that help sustain clear water?
~ Aeration - Is winter aeration needed to sustain a fish community?
~ Brown 5" Creek Improvement Prqject - Feasibility Study
~ Project Description
8
.
i.
.
~ Drawdown - Should drawdown be used as a technique to enhance
fish and wildlife habitat and lake water quality?
~ Dredging - Can dredging restore lake depth, improve water quality
and enhance fish and wildlife habitat?
COST
$ 4,112
4,608
2,184
1,248
2,496
1,500
154
2,150
$16,952
~ Brown 5" Creek Improvement Prqjea - Feasibility Study
U Project Description
9
Brown's Creek Improvement Projects - Feasibility Study
Labor Hours Estimate
Principal Scientist! Senior Word Survey
Engineer Drafter Processor Crew Totals
4 4 0 32 41
6 0 0 0 8
0 8 8 0 0 17
0 0 17
0 0 20
1 4 4 0 32 41
0 2 8 0 0 0 10
0
2 8 2 0 0 12
0
8 44
0 6 40
C.1
0 4 4 0 24 33
0 4 20 0 0 0 24
0 48
0 70
0 38
46
247
278
98
10
46
110
825
stimated Costs
Estimated Total Labor
Hourly
Hours Rate Amount
46 $89.50 $4,117
247 80.00 19,760
278 60.50 16,819
98 49.50 4,851
46 32.50 1 ,495
110 120.00 13,200
825 $60,242
Labor Category
Principal
Project Manager/Sr. Scientist
Project Scientist/Engineer
Senior Drafter
Word Processor
Survey Crew
:.
Bonestroo, Rosene, Anderlik & Associates, Inc.
29-May-97
J:IMKT1PROlstilwatfs. wb2
Additional Required Cost
Soil Borings
$8,000
Reimbursable Expenses
Miscellaneous (printing, mileage, etc,)
e- Subtotal Estimated Expenses
$2,350
$10,350
Total Project Cost
$70,592
Optional Services
McKusick Lake Diagnostic Study
2' aerial contours
$16,952
$17,000 (See note below)
NOTE: Actual cost of 2' aerial contours is $23,000,
Use of 2' contours would reduce surveying costs by $6,000, resulting in a net additional cost of $17,000.
.
i.
Bonestroo, Rosene, Anderlik & Associates, Inc,
29-May-97
J:\MKTlPROlstilwatfs, wb2
.
.
.
"'SeH
3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL. MN 55110 612490-2000 800 325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON
May 29, 1997
RE: Browns Creek Mitigation
For the Annexation Area
Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Mayor Kimble:
It is SEH's understanding that the AUAR process for the annexation area is nearing completion and
will hopefully be completed in early July. Accordingly, the preparation of a feasibility study and
subsequent construction documents for improvements identified in the mitigation planning is being
contemplated by the City. SEH is desirous of being considered for the preparation of the feasibility
study know as Brown's Creek Mitigation for the annexation area and requests an opportunity to
submit our proposal for Professional services. SEH offers the City unique qualifications that we ask
the City to review when considering our request. These qualifications include the following;
.
SEH is in the process of preparing the feasibility study for the trunk sanitary sewer and
watermain extensions needed to serve the annexation area.
.
SEH HAS thirty five years of diverse experience in the City of Stillwater including
multiple projects in the annexation area which include;.
*
Long Lake Study Phase 1 and 2 - 1996/1997
*
Lowell Park/Mulberry Point Flood Control Project - 1995/1997
*
Browns Creek Scoping Study - Browns Creek WMO - 1995
*
County Road 64 and Neil Avenue - 1994/1995
*
Market Place Feasibility Report, Design and Construction - 1994/1995
*
Long Lake Outlet Feasibility Report, Design and Construction - 1976
*
Lake McKusick Outlet Feasibility Report, Design and Construction - 1980
*
Lake McKusick dike - 1980
SHORT ELLIOTT
HENDRICKSON INC,
ST. CLOUD, MN
CHIPPEWA FALLS, WI
MADISON, WI
LAKE COUNTY, IN
MINNEAPOLIS, MN
EQUAL OPPORTUNITY EMPLOYER
.
.
.
Mayor and City Council
City of Stillwater
May 29, 1997
page 2
. SEH is in the process of designing improvements in the Lowell Park/Mulberry Point area for
the Corps of Engineers. We have the capability to evaluate the impacts of Long Lake and Lake
McKusick modifications on the flood control project design.
. SEH has written and secured $60,000 in MDNR grants for the City of Stillwater to use in
funding studies in the AUAR area. SEH is in the process of writing a $75,000 to $100,000
MPCA grant for Lily Lake watershed identified as an integral part ofthe AUAR.
. Highway 64 and Neil Avenue design and construction in which a number of the issues to be
addressed in the Browns Creek Mitigation feasibility study were incorporated.
. SEH assisted in development of the original study of Browns Cre~k prior to design and
construction of the Long Lake outlet in 1975.
As we have pointed out SEH has not only the in-house capability to provide the services necessary
to complete the feasibility study but we have unique technical and historical expertise within the
community itself.
j
David C. Hahn P.E.
Client Manager
Jeff Davis P.E.
Project Manager
BOARD OF WATER COMMISSIONERS
C!Q 6(3!rt7
.
204 North Third Street
P.O. Box 242
Stillwater, MN 55082-0242
Phone: 612-439-6231 . FAX: 612-439-4061
May 16, 1997
Mayor and City Council
216 4th St. N.
Stillwater MN 55082
Dear Mayor and Council,
At the most recent Board of Water Commissioners meeting the
Board decided to sell the lot they purchased in Oak Glen that
was to be used for an elevated tank. As it is now, this
location does not fit into the requirements to provide service
to the area.
This lot is between Lot 6, Block 1 and Lot 5, Block 2 of Oak
Glen's 7th Addition.
The deed is held by the City on this property.
.
We would like to receive the monies from this sale to apply
toward the purchase of another piece of property in the newly
annexed area, which will need a new tank as more homes are
added to the City.
Sincerely,
~~
.
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING .
333 NORTH MAIN STREET. SUITE #202 . P.O, Box 438 . STILLWATER, MN 55082
TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641
DAVID T. MAGNUSON RICHARD D. ALLEN
MEMORANDUM
TO: Nile Kriesel, City Coordinator; Mayor and City Council; and Jim McKnight,
Manager of Board of Water CommissiOl:ers
FROM: David T. Magnuson, Stillwater City Attorne~ V
DATE: May 29,1997
SUBJECT: Water Board Request for Sale of Water Tank Site in Block 2 of Oak Glen 7th
Addition
Our City Charter provides that the City system of "water works owned and operated by the City
shall be under the control and management of a Board of Water Commissioners". While the
control and power over the water works and water plant of the City is "full and absolute"
according to the Charter, there is also limitations on the Water Board's power to sell or encumber
the land or equipment over which it has control. The C~J.arter provides at Section 13.10:
.
"13.10 Limits of powers. The Board shall not sell, lease, rent or in any way
dispose of or incumber the property, land, or equipment, etc., over which it has
control. . . "
In view of the Charter language, the City has always held title to the real estate devoted to Water
Board use, even though control and management of the real estate is vested in the Water Board.
Accordingly, the City Council is bound to honor the Water Board's request to sell this property
and further bound to distribute the proceeds of the sale to the Water Board, provided that the
proceeds be devoted to a betterment or extension of the City water works.
Further, the City Council is not bound to publish a summary and notice of the sale pursuant to
Section 16.01 of the City Charter dealing with City owned land since that Section deals with land
that has been once devoted or dedicated to park, recreat;onal, open space or natural use. Since
the tank site has been purchased for tank purposes and held in trust for that purpose, it has never
effectively been dedicated to a use covered by Section l6.01 of the City Charter.
DTMlds
.
,
"'
.
.
.
MEMO
May 30, 1997
TO: Mayor and City Council
FROM:
Klayton H. Eckles lL~
City Engineer
SUBJECT: Pioneer Park Retaining Wall
Plans and Specifications
Job No. 9720
DISCUSSION:
The plans and specifications for the Pioneer Park Retaining Wall are substantially complete.
Attached are the detail sheets for the two alternates, the concrete formline wall and the alternate quarry
stone wall.
The Engineer's Estimate of the construction costs of these two alternates is as follows:
1.
2.
Concrete F ormline Wall
Quarry Stone Wall
$158,250.00
$194,357.00
The next step in the process is for Council to approve the plans and specifications, order the
project and direct staff to advertise for bids.
RECOMMENDATION:
Staff recommends Council approve the plans and specifications and direct staff to advertise for
bids.
ACTION REOUIRED:
If Council concurs with the recommendation, Council should pass a motion adopting Resolution
No. 97-_, RESOLUTION ORDERING IMPROVEMENT, APPROVE PLANS AND
SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BID FOR THE PIONEER
PARK RET AINING WALL RECONSTRUCTION PROJECT (JOB NO. 9720).
KHE:dfw
.,' \.
r L. "ALL REf lIN' r n BASELINE ~ - "ALL REf LINE
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(7 LOCATIONS)
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4" MAX
NEW POST AND BASE PlAtt
'WHERE REQUIREO, SIMIlAR
TO EXISTING
..
WAli COURSING TO fOllOW SlOPE
or TOP Of" WALL COlUIAN
COURSING TO BE lE"U ~
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AT ENTRIES
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(7 I OCA TIONS)
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PIONEER PARK
Sl1LLWAlER, MINNESOTA
WALL DETAILS
----"
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Cll PT Of CCLUIo4"l /
FOOTING PLAN AT Call
CONSmUCTlON NOTES:
. D1N:(NS1QNS ~RE lOCAT[D .\lONG 6AstllNE AND WAll REf lINL
. LOCATE REF POINT AT SOUTH COlUMN (COl 1) TO BEGIN WALL
PIAN L[NCllIS 0.-- WfoIlS ARl 8^:.[(l ON [xt'.iUNC lNr'l^(l frNcr
lENGTH AND LOCATION or N[W WAllS AR[ Slt.AfLAR 10 [XIS1lNG WALLS
TOP or WAll TO fOllOW SAUE PROIlLC AS TIt( STR[E T CURD TOP
COURSING TO fOliOW PROf"ILE Or STREET AND CURB.
COlUMNS ARE INTECAL YltTH AJACENT WALL MONOlItHS.
11IAESTONE TEXTURE AND COlORED STONE F"QRMllNER. SEE SPECIFlCAnONS
@SElECT CRANlA.AR BACKnU IN ACCORDANCE WI ...N001 3149.28
MOCMflED TO LESS THAN 7 X PASSING THE NO 200 $lEvE.
CDDEPTIi or COVER IS MlNIYUM fOR rOUNDA nON ON SOIL If BEDROCK
IS ENCOUNTERED AT DEPTHS "SO\'{, THIS POINT. Tl1[ W....ll CAN BE
rOUNDED OIRECTl Y ON SOUND BEDROCK.
AL TERNA TE A
CONCRETE FORML/NED
CURB.! BASELINE
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WAll REr lINE
'/2
]12
-- FRONT FACE
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..-....(
.-........:>."...~1 MAX eo
/,7 .-.._..___ - .1
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LIMESTONE BLOCK WALL HT 2' O. TO 4' O.
NEW POST AND .ASE PLA~1[r4: MAX
WHERE REQUIRED. SIMILAR
TO EXISnNG --------
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II.t..'M_I.
PIONEER PARK
SnLLWAlER. MINNESOTA
WALL DETAIL
""l f1"
..
~
I BASELINE
_~RB . _--'__ _______.__ H'-6~ _ _ ____
smEt! 10 I J'-O" 1'-2"
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WAll. FOR SIMIlAR NOTES AHO DETAIlS
SECTION l'fPE C
UMESTONE BLOCK WALL HT LESS lHAN 2'-0.
<DGEOGRID NOTES:
GEOCRIQ TO EXTEND W nilN 2"' or FRONT FACE or WAlL AND
SECURED IN MORTAR BED.
SEE ELEVATION ON SHTS 1 II: 2 FOR CEDeRIO LOCAnONS
SEE SPEClflCAnONS rOR CEOCR1D MAl[RIAl
CONSlRUCTION NOTES:
. DIMENSIONS ARE lOCAT[O ALONG BAS[UNE AND WAll REF lINE.
. LOCATE REF POINT AT SOUTH COlWN (COl 1) TO erGlN WALl-
PlAN lENGTHS or WAUS ARE BASED ON EXlsnNG INPlACE rENCE.
lENGTH AND LOCA nON or NEW WAU5 ARE S1MflAR TO EXlSnNG WALLS
fOP or WAll. TO fOllOW SAU[ PROFllE AS mE STREET CURB tOP
COURSING TO rOllOw PROfllE rx STR[n AND CURB.
R(USe AlL CCl..UUN STQNC AND WAil CAP STQtE.S. USE or
REMAINING WAlL STONES IS PERMITTED PROVlDEO STONES UEn lliE
REOU1RED OIU[NSlONS AND ARE NOT CRACKED OR DAMAGED.
*SElECT GRANUlAR BACKFti IN ACCORDANCE WI "NDOT 3149.2B
MODIFIED TO LESS THAN 1 " PASSING tHE NO 200 SIEvE.
<i)DEPTH or COVER IS UINtWUU FOR FOUNOAnOH ON SOIL W BEDROCK
IS ENCOUNTERED AT DEPmS ABO't't THIS POINT, THE WAlL CAN BE
rOUNDED DIRECTlY ON SOUND BEDROCK.
AL TERNA TE B
QUARRY STONE WALL
RESOLUTION NO. 97-
APPROVING PLANS & SPECIFICATIONS AND ORDERING IMPROVEMENT AND
ADVERTISEMENT FOR BIDS FOR
THE PIONEER PARK RETAINING WALL
RECONSTRUCTION PROJECT (JOB NO. 9720)
WHEREAS, the City Engineer reported that the proposed improvements and construction
thereof were feasible and desirable and further reported on the proposed costs of said
improvements and construction thereof; and
WHEREAS, the City Council has heretofore directed that the City Engineer proceed with
the preparation of plans and specifications thereof; and
WHEREAS, the City Engineer has prepared plans and specifications for said
improvements and has presented such plans and specifications to the City Council for approval.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
STILLWATER, MINNESOTA, AS FOLLOWS:
l. Such improvement is hereby ordered as proposed in the council resolution adopted the 1 st
day of June, 1997.
1.
That the plans and specifications for said improvements be and they are hereby in all
respects approved.
2. That the City Clerk with the aid and assistance of the City Engineer be and is hereby
authorized and directed to advertise for bids for said improvements all in accordance with
the applicable Minnesota Statutes, such bids to be received at the City Hall of the City of
Stillwater by 2:05 p.m., Thursday, June 26, 1997, at which time they will be publicly
opened in the City Council Chambers of City Hall by the City Engineer, will then be
tabulated and will be considered by the Council at its next regular Council meeting.
Adopted by the City Council of the City of Stillwater this 1 st day of June, 1997.
Jay L. Kimble, Mayor
Attest:
Morli Weldon, City Clerk
t
e
e
el
.
.
.
MEMO
May 30, 1997
TO: Mayor and City Council
FROM:
Klayton H. Eckles
City Engineer
fL~z/
SUBJECT: 1997 Street Improvements
Plans and Specifications
Job No. 9716
DISCUSSION:
The plans and specifications for the 1997 Street Improvement Project, which includes South 2nd
Street and surrounding areas, are substantially complete. All of the streets within the project area have
been designed to be 30 feet wide. This width will match the historical width of the streets in the area
and address the concerns of the neighborhood. In the coming week, staff will be meeting with residents
in the project area to answer questions and ensure that the plans address the concerns of the residents.
One change from the original proposal in the feasibility report is the available funding from
Municipal State Aid (MSA). Since the time of the feasibility report, staff has learned that it would be
extremely difficult to meet the requirements of MSA standards for Burlington Avenue. This gives the
City two options. First, the section of Burlington Avenue included in this project area could be deleted
from the project. This would allow staff a year to work with the Office of State Aid in an attempt to
receive a variance from right-of-way width requirements and other standards. It appears unlikely that
this type of variance would be granted. The other option would be to move forward with the project
constructing Burlington Avenue at a 30 foot width to match the neighboring streets. This would result
in the loss of MSA revenue. Since all the streets in the project area have been narrowed to 30 feet, the
reduction in width creates a substantial cost savings for the project. This cost savings should offset the
loss in MSA revenues. The MSA standards require a more expensive street design, therefore savings
will be realized in using the City standard street design. Staff has proceeded using the second option and
designed Burlington Avenue to be constructed as part of the current project.
Staffis currently working on preparing the Engineer's Estimate for the project which will be
available for Tuesday's meeting.
RECOMMENDATION:
Staff recommends that Council approve the plans and specifications for 1997 Street
Improvement Project and direct staff to advertise for bids.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting Resolution No.
97-_, RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR 1997 STREET IMPROVEMENTS (JOB NO. 9716)
RESOLUTION NO. 97-
APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR 1997 STREET IMPROVEMENTS (JOB NO. 97l6)
WHEREAS, pursuant to a resolution passed by the Council on March l8, 1997, the City
Engineer has prepared plans and specifications for the 1997 Street Improvement (South 2nd
Street and surrounding areas) and has presented such plans and specifications to the Council for
approval;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
STILL WATER, MINNESOTA:
1. Such plans and specifications are hereby approved.
2.
The City Clerk shall prepare and cause to be inserted in The Gazette and in the
Construction Bulletin an advertisement for bids upon the making of such improvement
under such approved plans and specifications. The advertisement shall be published for
three days, shall specify the work to be done, shall state that bids will be received by the
City Clerk until 2:00 p.m. on Thursday, June 26, 1997, at which time they will be
publicly opened at City Hall by the City Clerk and Engineer, will then be tabulated and
will be considered by the Council at their 7:00 p.m., City Council meeting on Tuesday,
July l, 1997, in the Maunsell Room at the Stillwater Library. Any bidder whose
responsibility is questioned during consideration of the bid will be given an opportunity
to address the Council on the issue of responsibility. No bids will be considered unless
sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid
bond or certified check payable to the Clerk for ten (10) percent of the amount of such
bid.
Adopted by Council this 3rd day of June, 1997.
Mayor
ATTEST:
City Clerk
.
.
.
,
.
.
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~il fWte~
THE BIRTHPLACE OF MINNESOTA i)
\~
SUBJECT: 1997 South Second Street Area Street Improvement Project Update
----
Dear Resident:
The city staff is nearing completion on the preparation of the plans and specifications for the
South Second Street Project. The purpose ofthis letter is to update you on the status of the
project and provide you with some opportunities to comment or ask questions about the project.
The project will involve the reconstruction of South Second Street. between Orleans and Willard,
as well as the cross streets Hancock, Marsh and Burlington, between First and Third. As
discussed at the public hearing, all the streets in the neighborhood have been designed to roughly
the same width as the existing condition. The result is the streets will all be 30 feet wide, as
opposed to the city standard 32 feet wide. This will result in some cost savings on the project.
Another issue which had residents concerned was the State design standards for Burlington
Street. The city is now considering constructing Burlington as a local road, foregoing state aid
assistance. This may result in a loss of revenues, but could also result in reduced project costs.
At this time, Burlington is proposed to be 30 feet wide.
The spring flood that we have experienced in Stillwater has put a temporary delay on the project,
we are about one month behind on the original project time line. As it stands, it appears the
updated project time line will go as follows:
Date Task
June 3rd Council will approve plans and specifications
June 6th Advertising for bids will commence
June 5-13th Informal neighborhood meetings
June 26th Bids will be received and opened
July lst Council will review and award project
July l5th Approximate start date for construction
September 26th First lift of blacktop
October 7th Assessment hearing
October 3lst Project completion
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
.
.
.
Residents should be aware that once construction starts, the neighborhood will be in a state of
disruption throughout the construction season. Construction impacts are kept to a minimum, but
as with any construction project we anticipate there will be disruption. Residents can expect
periods where streets are gravel and in very rough condition, also dust, noise and mud are
typically part of any construction project. Access to homes will be provided to all properties
throughout the project. There will be times, however, when there may be minor delays and
probably a one week period where no access to driveways is possible due to new concrete curb.
Your patience and understanding in this regard is appreciated.
As many residents have questions about the project, city staffwill be available and present in the
neighborhood in the next couple of weeks. If you would like us to visit your property please
return the attached sheet with times which you would be available and we will attempt to visit
your property during one of those times. Also, if you would desire that the city install a concrete
driveway apron between the curb and the sidewalk you should notify us with the attached sheet.
This upgrade would add approximately $300.00 to your assessment. Finally, if you have had
significant problems with your sewer line or have other issues or concerns that we should be
aware of, please make note of them on the attached sheet and mail it back to us.
Hopefully, this letter has addressed some of your questions you may have about the project. If
you do have other questions, we would be available to meet with you in the field at the specified
times or you can simply give us a call at City Hall. Shawn Sanders, the design engineer for this
project, can be reached at 430-8835.
71J4:- rAL--/
Klayton Eckles
City Engineer
.
.
.
1997 STREET PROJECT INFORMATION FORM
In an effort to provide you an opportunity to ask questions or provide comments on the project,
we are offering you several methods to comment.
If you specific questions about this project you can call the project engineer, Shawn Sanders at
430-8835. You may also write your questions on the form below and mail it to city hall; Shawn
will review your questions and get back to you. If you want to meet Shawn in the neighborhood,
he will be in the area at the times listed below.
Fill this form out and mail it to Shawn Sanders, City of Stillwater, 216 North Fourth Street,
Stillwater MN 55082.
Name
Address
Phone
Do you have a question you would like us to respond to?
Do you want a concrete driveway apron (approximate cost $300)? 0 Yes
o No
Do you have a significant sewer service problem? 0 Yes
o No
If you have a specific concern or information we should be aware of, describe it here.
If you wish to meet the project engineer in the neighborhood, please fill out the section below
o We wish to meet with a city representative to discuss the project.
What time period(s) will you be at your residence:
o Tuesday, June 10th 1 p.m. - 4:30 p.m.
o Tuesday, June 10th 5:30 p.m. - 8 p.m.
o Thursday June 12th 6 p.m. - 8 p.m.
.
.
.
MEMO
May 30, 1997
TO:
Mayor and City Council
FROM:
Klayton H. Eckles
City Engineer
{L.~
SUBJECT: Croixwood Boulevard Street Rehabilitation
Job No. 9724
DISCUSSION:
At Council's request, staffhas examined the condition of Croix wood Boulevard. There is
approximately 3,000 feet of street which is in very poor driving condition. Most of the distress on
Croixwood Boulevard is in the upper couple of inches of bituminous, therefore the street could be
rehabilitated using mill and overlay techniques which tend to be less expensive.
This street section was originally constructed in 1974. In 1985 it was overlayed with a thin layer
of blacktop due to surface failure. At that time, due to the short life span of the street surface, the City
only assessed 45% ofthe project cost. At that time the project cost was approximately $85,000.
A rough estimate ofthe cost of doing a mill and overlay project this year would be
approximately $l20,000. This cost would have to be charged against the City's Capital Project Fund
and some of it, perhaps 50%, would be assessed to the neighboring properties. In order to proceed with
this project, Council would have to order the preparation of a feasibility report, followed by a public
hearing, order the improvement and preparation of plans and specifications.
In 1996, over $l 0,000 of maintenance was spent on this section of street. If a rehabilitation is
not done, a significant amount of maintenance will have to be completed this summer with an expected
life of one year. Because the surface layer is failing so dramatically, the underlaying layers of blacktop
and gravel will also begin to fail if we do not keep up on the maintenance. For these reasons there is
amble justification for proceeding with this rehabilitation project.
RECOMMENDATION:
Staff recommends that Council consider including Croixwood Boulevard in the City's
Rehabilitation program in the near future.
ACTION REQUIRED:
If Council elects to proceed with this project, they should pass a motion adopting Resolution No.
97-_, RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR
CROIXWOOD BOULEVARD REHABILITATION PROJECT. This report could be presented to
Council within 2-4 weeks.
KHE:dfw
RESOLUTION NO. 97-
RESOLUTION ORDERING PREPARATION OF FEASIBILITY
REPORT FOR CROIXWOOD BOULEVARD
REHABILITATION PROJECT (JOB NO. 9724)
WHEREAS, it is proposed to improve Croixwood Boulevard and to assess the benefited
property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
STILLWATER, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and that the
City Engineer is instructed to report to the Council with all convenient speed advising the
Council in a preliminary way as to whether the proposed improvement is necessary, cost-
effective, and feasible and as to whether it should best be made as proposed or in connection with
some other improvement, and the estimated cost of the improvement as recommended.
Adopted by the City Council on this 3rd day of June, 1997.
Jay Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
.
.
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET. SUITE #202 . P,O, Box 438 . STILLWATER, MN 55082
TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641
DAVID T. MAGNUSON RICHARD D. ALLEN
MEMORANDUM
TO: Mayor, City Council and Staff
FROM: David T. Magnuson, Stillwater City Attorney ~~v'
DATE: May 30, 1997
SUBJECT: Animal Control Officer's recommendation that Wild Animal Ordinance be
amended.
Cindy Jacobson, the Animal Control Officer, and Leo Miller both have concerns with regard to
the Wild Animal Ordinance since the present language of the Ordinance permits foxes and the
officers note a fenced kennel on Willard Street that has very strong skunk-like odors. The kennel
contains two (2) adult foxes of some variety and because of the noise and smell of these animals,
it makes it inappropriate to have them within the City.
Accordingly, the staff would recommend that the City Code be changed to include foxes within
the definition of Wild Animals and that the Ordinance be tightened to also prohibit animals of
the type defined by State Statute that require special game farm permits.
We respectfully request the first reading of an Ordinance changing the Wild Animal Ordinance
found at Stillwater City Code, Section 27.01.
DTM/ds
~ Metropolitan Council
~ Working for the Region, Planning for the Future
.
May 30, 1997
Mr. Jay Kimble
Mayor
City of Stillwater
216 4th St. N.
Stillwater, MN 55082-4898
FYI
Dear Mr. Kimble:
The Metropolitan Council staff has prepared a preliminary population and household estimate
(April 1, 1996) for your community. Enclosed for your review is a 1996 worksheet which
includes 1990 Census background data.
.
The estimates are used by the Council to monitor population and household change in the
region. We strive to provide accurate estimates, and to treat each municipality consistently.
Questions concerning how the estimates are determined should be directed to Kathy Johnson
at 602-1332 or bye-mail tokathy.johnson@metc.state.mn.us.
No reply is necessary. If you have comments regarding the estimates, please submit them to
Ms. Johnson in writing. This will ensure that issues are addressed in a timely manner.
The Department of Revenue requests finalized estimates by late June for use in their local aid
and other formulas. To comply, we need to hear from you by June 13, 1997. Thank you for
your prompt attention to this matter.
Sincerely,
James Solem
Regional Administrator
JS/kj
Enclosure
.
230 East Fifth Street St. Paul. Minnesota 5510 1-1634 (612) 291-6359 Fax 291-6550 TOO /TIY 291-0904
An Equal Opportunity Employer
Metro Info Line 229-3780
Metropolitan Council
Provisional Population Estimate
April 1 , 1996
.
STILLWATER
Total
Housing Units
1$~e$tiffi~t~
EBmp~~!~~~9y~iB~gQ!~~
3.625 4,270
1,478 1,679
2 2
5,105* 5,951
Mobile Home
4,189
1,607
2
5,798
Single-family
Multifamily (incl. town homes)
1990 Census Households 4,982
1996 Household Estimate 5.798
.
1990 Census Total Population 13,882
1990 Group Quarters Population 377
1990 Population in Households 13,505
1996 Population Estimate 15,906
1996 Group Quarters Population 537
1996 Population in Households 15,369
1990 Census Persons per Household
1996 Persons per Household
2.65
All numbers are as of April 1 of each year.
*This total includes 49 unit(s) listed in "other" housing in the 1990 Census data. . The Census defines these units as those
not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on.
"other" units is available between censuses, for purposes of 1996 population and household estimation, these units have
been allocated to the single and multiple family categories, This was done based on persons per .other" household and
the ratio of single-family to multifamily housing in the jurisdiction.
.
.
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Jriends of Stillwater :Parks
218 N. :N'Iartha Stillwater Minnesota 55082 Phone: 439-8368
May 27, 1997
TO: Mayor Kimble
Stillwater City Council
City Staff
Park Commission
Dear City Leaders,
I was in attendance as an audience participant at the May 20 afternoon workshop
of the City Council and the Parks and Recreation Commission. The list of
current, pending and future park projects was more extensive than I imagined.
It was helpful to see the list for each ward.
Thank you for continuing the discussion of the identified need to establish a
different way of approaching park planning and administration.
Keeping up with equipment updates and daily maintenance of existing parks
and acres of mowing and is a huge task. Professional park planning and
administration would compliment and assist the work of the City's dedicated
parks department.
The many issues before the Council are complex and many relate to park
planning for the growing community of Stillwater. Thank you, Mayor Kimble,
City Council members, City Staff and Park and Recreation Commission for
taking leadership in addressing the need for a comprehensive approach to park
planning and plan implementation.
Very truly yours,
JUd9::::!~~
President, Friends of Stillwater Parks
Request for Professional Development & Management of Parks & Recreation
Professional Development & Management Of
Stillwater's Parks & Recreation System
The need has been identified for professional park and recreation administration
for the growing community of Stillwater.
All Citizens
and City Wauld
Benefit
The city administrators and staff, the City's economy and
residents of all ages and various park and recreation needs living
in all areas of the City would benefit from the service of a
professional park director.
A professional park director will survey the community and
identify and plan accordingly for the needs of a diverse
population: older adults, persons with disabilities, teens,
children, singles and families. Many issues need to be further
addressed such as are teens being served adequately; and senior
citizens; and persons with disabilities or limited mobility have
accessible friendly sites to enjoy are important to a City our size?
Today's population has interests in being active, the
environment and being outdoors enjoying nature. The park and
recreation system needs bicycling trails, safe walking routes,
attractive and safe swimming areas, clear water, nature trails, rest
areas, bathrooms and drinking fountains, benches in the shade,
native habitat sites. Still'water's park and recreation services are
not adequate for the 90's.
Friends of Stillwater Parks
Page · 1 ·
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.
.
-
.
I-
Request for Professional Development & Management of Parks & Recreation
Improved
Accessibility
Needed
Teens Require
More Services
Than Are Being
Offered Now
Person with handicaps will be happy to discuss the need for
improved accessibility in the City of Stillwater. There is a need
for the professional accessibility assessments of all parks,
recreational areas and routes for non-vehicular transportation
and a need to attain funding for the assessments.
Senior citizens and persons with disabilities report the need for
additional restroom accommodations and access to be made for
the enjoyment of parks, recreational resources. Citizens report
concerns for safety due to the lack of ample non-vehicular
routes.
The city would have leadership in improving accessibility and in
creating a system for non-vehicular transportation to reach
recreational services and parks, business and housing
destinations.
Teens by nature are spontaneous, playful and energetic. Today's
teens want many of the standard recreational options enjoyed
years ago and they also have new interests such as skateboarding
and in- line skating.
Teens and young adults today are also more sophisticated and
have different recreational interests than teens in the 50's 60's
and 70's. It is not the role of the school district to maintain
basketball courts or develop skateboarding areas and provide
recreational diversity to cities.
Parents, teens, clergy and community leaders have expressed a
desire for more recreational options in Stillwater that appeal to
teens.
Friends of Stillwater Parks
Page · 2.
Request for Professional Development & Management of Parks & Recreation
Community
Liaison Needed
Citizen Outreach
& Mobilization of
Volunteers
Needed
Development
of Printed
Materials
Needed
A park department director would serve as liaison to
neighboring municipalities, agencies, associations and
volunteers groups. Partnerships could mean financial savings
and the attainment of better services to citizens and improved
comprehensive planning of Stillwater proper and the planning
area.
The department could greatly improve citizen outreach
activities. Acquiring public feedback and suggestions when park
modifications or improvements are made is a given role of a
parks department. The City should be facilitating annual focus
groups to learn from park users and neighborhoods what is
needed or how services could improve.
The City could benefit from utilizing the pool of active retired
citizens, teens, neighborhood groups and civic organizations
that could serve as volunteers.
A professional could create a written volunteer program
describing volunteer recruitment methods, guidelines and
management and volunteer recognition.
There is a need for printed materials to be designed and available
to all residents describing accessibility accommodations, maps of
hiking and bicycle trails, rest areas, locations of boats and canoe
landing sites as well as other pertinent information regarding
park amenities.
Friends of Stillwater Parks
Page · 3 ·
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Request for Professional Development & Management of Parks & Recreation
Pro-Active
Leadership
Would Benefit
Stillwater
Conclusion
A professional is needed now to guide many current projects
and park plan development such as utilization of grant
programs; ravine restoration; Kolliner Park, Aiple, Lily Lake and
NIulberry Point property development; Tree City Project; St.
Croix River and McKusick Lake trails development; acquisition
of school district properties - Old Athletic Field and Ball Field &
Playground at New Heights School; recreational and passive
park needs of the annexed areas; landscaping for wildlife, bicycle
and foot trail development; volunteer program development;
planned giving programs; planning for area park services with
other communities and agencies.
A professional director would develop three, five and ten year
plans and be implementing those plans. A professional director
would create the park commission agenda, lead meetings,
educate the Council and Park Commission and actively
shepherd new programs and park improvements that would
benefit the City and residents.
The time has come for parks department to have its own
professional manager who is trained to meet the needs of a
growing community. Park planning and administrative duti-es
should not be done piece meal. The expertise and training of the
Stillwater administration and other city departments is not in
park development and management. Park and recreation
management is its own profession.
The Parks and Recreation Department is the last City department
to be managed by a professional department head. There is not a
City department that has not benefited from professional staffing.
The City needs a professional parks administrator to identify,
advocate, plan, implement and manage recreation sites, services
and vital programs. The City's diverse population has grown
and will continue to grow in numbers. Over the years the
service area has expanded for park services and park related
issues are becoming more complex. Hiring a professional park
and recreation administrator for the City of Stillwater has great
merit.
Friends of Stillwater Parks
Page - 4-
~,~
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IiIa _
STILLWATER
AREA SCHOOLS
~
Effective Learning Through Excellence in Education
.
1875 SOUTH GREELEY STREET
STILLWATER, MINNESOTA 55082
351-8340 · V-TOO 351-8338
May :2 L 1997
To: YLlyur Kimble J.od Stillwater City Council Members
:::-r:)~r..: 1VIar:! LOll Gorski -Irj ~ 4-
Paul Westmoreland cf''A/
Re: Park Planning
Them1\: vou for ineludin:;: us i,1 tb:: sr't_ ecialmeeting reQ.~lrdi!1g parks aed recreaticr: }'esterda v,
~ ......' . ...........;- ~
\Vc': found It interesting,
.,v,; 1,Gpe y.)U will include us as parmers as you continue to work on this important issw;,
\\.." ,'\:'.Ju.i.J (~.. haDD\/ 1.0 \vc:.k t(~;:!ethC'r ()il anv step \vhere [hat \vould be aprroori2.te.
- '- .' ,-...... 4 A L
\\_~. v,ouJd dso like to pr:)pose jEcreased communication with YOLl( Park and Recreation
E:)c!(-d. \Ve 'would be: interested in provic:ing the Board \vith periodic rerons on the t'lDes or
leer-eation programming we currently provIde. field usage, and the issues we identir\"r 'as
irnportant by Stillwater residents as we provide that programming. We \viD contact s-taff to
arrange for that type of communication.
.
AS:::l.ln. rlwnk vou for inc]udinz llS in vesterdav's m~t~il1z, 'vV.~ lo(,\. t'orv;ard to \vorbn:z
wirh you further. ~" - -
CC: 0Ijk l(.nesei
T:m'Thompson
An Equal Opportunity Employer
DAVID WETTERGREN
Superintendent
MARY JO WEINGARTEN
Deputy Superintendent
K-12 Education
CLAUDIA L. RISNES
Director
Curriculum & Instruction
DANIEL C. PARKER
Business Manager
.
MARV SWANSON
DON J. LOE
Director
Special SeNices
MARY LOU GORSKI
Director
Personnel SeNices
Director
Community Education & Recreation
MAY 23 '97 l0:46AM LEAGUE OF MN CITIES
LMC
L..-c/~C"--
CIW~-"-
P.l
FRIDAVFAX
.
A weekly legislative update 'rom the LeagfJe of Minne~ota Cities
Vol. 2, No. 20
May 23, 1997
Bills face an uncertain fate
Although the legislative ses-
sion ended on Monday at midnight,
the Governor's role in the process
for many bills has just begun.
Article IV, section 23 ofthe Minne-
sota Constitution spells out the
process by which a bill approved
by both the House and Senate
becomes law. Unfortunately, the
description in the Constitution is
unclear. With the massive num-
ber of bills passed by both houses
in the final days of the session,
this procedure is extremely impor-
tant part of the legislative process.
The key to tne process is the
date that a bill is presented to the
Govemor by the legislature and
the year of the two year legislative
cycle we are in. Generally, the
governor has three days from the
date a bill is presented, excluding
Sundays, to act on legislation.
The governor can sign the bill,
veto the bill or not act on the bill in
which case. the bill becomes law
as if he had signed it.
The only exceptions occur in
the last three days of the second
year of the legislative cycle. Any
bill presented to the governor
during the last three days or the
three days immediately following
adjournment follow a separate set
of procedures. Under this sce-
nario, the governor has 14 days,
excluding Sundays, from the date
of presentation to act on the bill.
He can sign the bill, veto the bill or
not act on the bill in which case it
does not become law.
The governor can also line-
item veto appropriations within a
bill without vetoing the entire bill.
The line-item veto is carried out
under the same set of procedures
described above.
According to the revisor's
office, the omnibus tax bill will not
be presented to the governor
before next Tuesday, If it were
presented to him then, he would
have three days to act on the bill.
FridayFax finale
With the end of the legislative Session alsO comes the end of the
weekly FridayFax. We hope we've met our goal of providing timely
legislative information in a quick, easy-to-rsild format.
At least one special edition of FridayFax Is likely in the coming
weeks. Governor Carlson's veto decisions and the special session
agenda will determine when we publish again, and if there will be more
than one special edition.
Thanks to the city officials who let us know what they liked and
disliked about FridayFax. Please don't be shy if you have any sugges-
tions or comments on how we can improve on our efforts for the 1998
session.
--I
i
I
I
I
I
I
I
1997
LEGISLATIVE
WRAPUP
Tuesday, June 10
2:30-4:30 p.m.
Herberger Suite
i
I
League of Minnesota Cities I
1997 Annual Conference I
Sl Cloud I
To register, call Mickey Ojard. at I
(612) 281-1261 or j
(BOO) 925-1122,
L ---.
Rules in place for
lead paint removal
.
The Minnesota Pollution
Control Agency recently com-
p/eted rulemaking that addresses
removal of lead paint from steel
structures. To help cities that will
be working on water towers or
other steel structures this sum-
mer, the MPCA has information
available on required pollution
control activities, removal of lead
paint, and a sample notification to
residents. Watch for more details
in the June 4 issue of Cities
Bulletin. If you have questions,
contact Michelle Oie at (612) 296-
6707 or (800) 657-3864.
.
For mOle information on c#v li1(isJalive I.uues. COil tact any member oftht L4!ague olM;nne~ota Citir::; InttrgovernmentaJ Relations teum.
ROD GRAMS
MINNESOTA
WASHINGTON OFFICE:
COMMITTEES:
PH, 202-224-3244
FAX 202-228-0956
ENERGY AND NATURAL RESOURCES
tinitrd ~tatts ~matr
WASHINGTON, DC 20510
INTERNET: MAIL_GRAMS@GRAMS. SENATE, GOV
BANKING, HOUSING, ANO URBAN AFFAIRS
FOREIGN RELATIONS
MINNESOTA OFFICE: .
2013 SECOND AVENUE NORTH
ANOKA. MN 55303
PH, 612-427-5921
FAX 612-427-8872
JOINT ECONOMIC
May 19,1997
The Honorable Jay B. Kimble
Mayor
City of Stillwater
216 North 4th
Stillwater, MN 55082
Dear Mayor Kimble:
Last week the Senate passed its Emergency Supplemental bill which
provides relief to the flood vidtims.inMlnnesota. As the lone member
of the Majority, I joined my colleagues from Minnesota, North and
South Dakota to ensure that maximum relief was available to those
stricken by the flooding of the Red and Minnesota~ivers. ""Earlier, I
had several visits to the flood areas, two with the PresidentahdVice
President which brought home to me the severity of the damage. My
visits will continue.
Fortunately, the Senate responded to our request to provide $400
million additional Community Development Block Grant (CDBG) funds
which will mostly be directed to our three states. This was over the
$100 million of CDBG funds included in the bill debated by the Senate.
These are the funds that are used in the rebuilding effort that are .
not otherwise covered by FEMA funding. Specifically, FEMA can
dedicate only 15% of its funding for the buyouts needed to avoid
future flooding of this magnitude, so additional funds under CDBG were
needed to complete that process. The CDBG funds were transferred out
of FEMA funds, so there was no additional cost to the Treasury.
In an overwhelming floor vote, I was also able ko amend bank
regulation laws to permit easier access to bank loans in the disaster
areas.
There are also additional provisions in the Supplemental spending bill
to aid flood victims, including waiver of late fees on power bills for
three months, $3.5 billion for FEMA, $547 for the Army Corps of
Engineers, $77 million for the Emergency Conservation Program, $161
million for other watershed and flood prevention efforts, $55 milion
for Economic Development Administration assistance, $650 million for
highway repairs, $50 million for a livestock indemnity program, and
$18 million more for the Agricultural Credit Insurance Fund. All of
these programs will aid flood victims.
I have also asked Agriculture Secretary Glickman to use existiing
authority to ensure that agriculture losses are covered in the same
manner as others. Specifically, I was concerned about farm building
losses and grain storage losses. Further, I have asked Secretary
Glickman to extend the delayed planting deadline for crop insurance
for Minnesota farmers hit by the flooding.
.
PREPARED. PGllL!SIIED. ,\ND \C\ILE.DAT TA.'\I'.\YER EXI'E~SE.
PRINTED ON RECYCLED PAPER
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Page 2
May 19, 1997
Because red tape can be so difficult as flood victims pursue the above
relief, I have detailed a staff member to the FEMA office in Crookston
to provide assistance to constituents. I have had additional staff
members in the disaster areas surveying the flood damage and
responding to constituent requests. This past weekend, May 16-17, I
met with officials in the Second District on flood issues as well.
An important part of the debate on this Supplemental funding bill has
been consideration of a government shut-down prevention provision.
This would fund any of the 13 appropriations bills that have not been
signed into law by the end of a fiscal year at 100% of the current
fiscal year. This ~ould avoid a government shutdown and directly
relates to the flood relief legislation since it would protect longer-
term rebuilding efforts that could be disrupted during a shutdown.
The appropriations bill that covers FEMA and CDBG funding is one of
the more controversial ones that may have to be covered in a
continuing resolution (CR). To continually have to rely on the
President to sign a CR only if he receives billions of dollars of
additional spending is a rape of the taxpayers and further tilts the
balance of power on appropriations matters to the President.
While some have criticised attachment of the government shut-down
prevention provision to the supplemental spending bill, this is the
only vehicle available to consider this crucial legislation. How
anyone could oppose it is incomprehensible and irresponsible. It
merely allows only those appropriations bills that have not been
signed into law to continue to allow Minnesota flood victims to carry
out their vital rebuilding efforts. It allows the same level of
funding as the previous fiscal year. The best thing about the
government shut-down prevention provision is that it puts pressure on
the Congress to pass all of its appropriations bills. If all are
signed and passed, there will be no need to enact the provision.
Needless to say, I remain hopeful that we can work out our differences
on this issue to ensure that the emergency relief can help Minnesota
flood victims.
The House has passed its version of the Supplemental legislation on
May 15. Included is the same $500 million for CDBG funding. A
conference committee will work out differences between the two
versions by the week of May 19. Hopefully the end result will provide
maximum benefit to Minnesota flood victims.
Sincerely,
Rod Grams
United States Senator
May 22, 1997
STILLWATER TOWN BOARD MEETING
Town Hall
.
7:30 P.M.
PRESENT: Chairperson Louise Bergeron, Supervisors Sheila-Marie
Untiedt, David Francis, Jerry Hicks and David Johnson.
Al so, Attorney Tom Scott, Pl anner Meg McMoni gal, Engineer
Paul Pearson, Peace Officer Steve Nelson and Treasurer
Warren Erickson.
CANVAS OF ELECTION
M/S/P Hicks/Francis moved to accept the results of the $550,000.00 Bond
Referendum held on May 20, 1997. (5 ayes)
114 yes
22 no
1. AGENDA - M/S/P Johnson/Hicks moved to adopt the agenda as amend~d.
(5 ayes)
2. MINUTES - M/S/P Francis/Untiedt
Town Board Meeting Minutes as written.
moved to approve the 5/8/97 Stillwater
(4 ayes, Hicks abstain)
M/S/P Hicks/Untiedt
Minutes as written.
m 0 v e d_ to_ a p p r (, v e the 5/14/9 7 Special Town' Board Me e tin.
(5 ayes)
3. TREASURER-
1. Report given.
2. Claims #1628 through #1640 and payroll checks
#12734 through #12479 were approved for payment.
3. M/S/P Johnson/Francis moved to authorize the
treasurer to transfer $30,000.00 from the 89-1
Bond Project to the 1997 Road Maintenance
Project. (5 ayes)
4. Snow plowing rebate of $5,167.19 received.
4. ORDINANCE #119 - M/S/P Johnson/Francis moved to approve Ordinance #119
relating to zoning for private kennels. (5 ayes)
5. NICANNA HILLS SUBDIVISION - M/S/P Francis/Untiedt moved to accept
the findings of fact for Nicanna Hills Subdivision prel iminary plat.
(4 ayes, Hicks abstain)
6. RIVARD LITIGATION - Matter to come up next week with the Judge.
7. ROAD MAINTENANCE PROJECT BIDS - M/S/P Francis/Untiedt moved to accept
the low bid ($377,824.85) by T.A. Schifsky for the 1997 road maintenance
project and authorize the execution of a contract contingent on approval .
of the bond sale on June 2. (5 ayes)
.a.
.
Stillwater Town Board Meeting - 5/22/97
Page Two
PEACE OFFICER REPORT -
1. Mentioned a suspicious car and driver sighted
twice in the township.
2. Mentioned a Wisconsin car being driven on a
bike trail in the township and then demolishing
a mailbox.
3. Arcola Trail signage was discussed. No parking
signs in the area already signed will be updated.
Suggested that we coordinate with May Township
and fill in signs where needed.
4. The Gazette will run lost and found pet ads
for 5 days free.
5. Jody Aha will coordinate with Steve Nelson
regarding a resolution for the problem of
people parking illegally on her property.
9. PLANNER - Presented the
concern and make comments.
at a City Council Meeting.
Supervisors.
AUAR Review. Meg McMonigal will flag areas of
The AUAR Review hearing to be held on June 17
Two more copies will be made available for
10. JOINT PLANNING BOARD - On May 28 at 7:00 p.m. on the second floor of the
City of Stillwater Municipal Building.
Agenda:
* 1. Discuss City's participation in the road
project.
2. Discuss notification and legal pUblication
procedure.
3. Status of Penthouse Acres.
4. Concept of the Joint Planning Board to be
approved.
* After the meeting Paul Pearson will talk to the City's Public Works
Director about road project participation.
11. STONEBRIDGE TURN-UP - After lengthy discussion it w~s decided to meet
with Washington County Public Works representatives again on June 16 or 18.
Discussion will revolve around the possibility of a scenic road designation
for Stonebridge Trail, design agreement for the road and what will happen to
the balance of Stonebridge Trail (County jurisdiction) and Highway 5.
12. SPEED SIGNS - MNDOT has approved 35 miles per hour speed limits for
107th, 108th, Norwood, etc.
13. AHA LETTER - Letter requesting something being done about erosion by the
township trail and near their home.
14. STREET SWEEPING - Contractor did not appear yet with insurance and a
contract to consider.
i 15. ADMINISTRATORS MEETING - Discussed:
. 1. County wide curfew.
2. Demonstration passenger train.
Stillwater Town Board Meeting - 5/22/97
Page Three
3. County services to Townships.
4. New counting machines in the future for
elections.
.
16. ADJOURNMENT - Meeting adjourned at 10:55 p.m.
Clerk
Chairperson
Approved
.
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CENTRAL ST. CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMIS
MEETING MINUTES
May 21, 1997
CALL TO ORDER
Vice-Chairperson Sharon Ridgway (Bayport) called the regular meeting of the Cable
Commission to order at 7:35 p.m. at Bayport City Hall.
ROLL CALL
Gary Talbot (Stillwater), Doug Bergmann (Oak Park Heights) and Jerry Turnquist (Oak
Park Heights),
Also Present: Roy Lalime, Dave Magnuson, Steve Hanson, Karen Wandmacher, Don
Fixmer, Kathy Cinnamon.
AGENDA APPROVAL
Kathy added 2 items to the agenda: Under Commission Business add: f. Needs
Assessment Update; and under Correspondence add: 4a. Interim Right of Way
Agreement. MOTION by Gary Talbot to approve the agenda with the above additions,
seconded by Jerry Turnquist. MOTION CARRIED,
MINUTES APPROVAL
MOTION by Gary Talbot to approve the minutes of April 16, 1997, seconded by Doug
Bergmann. MOTION CARRIED.
PUBLIC COMMENT - None
OLD BUSINESS
1. Company Response to Name Change: Dave Magnuson had sent a letter to
the Company on behalf of the Commission directing that the Access Center, channels,
etc. have the name of Valley Access Channels; the Company responded with a letter
indicating an unwillingness to do this, saying they feel it would be confusing to change
the name. Gary requested that the Commission make this request for name change a
second time. Steve Hanson stated that Jim Commers felt that the Company's position
on this issue was adequately stated in Kent Leacock's letter; however Mr. Hanson
indicated that he would talk with Jim about this again. MOTION by Gary Talbot to
make a second request to King Videocable Company to make the requested name
change, seconded by Jerry Turnquist. MOTION CARRIED. Kathy will prepare a letter.
NEW BUSINESS
1. King Videocable Company - Steve Hanson stated that the April access report
5/21/97 Commission Meeting - Page 2
is not in from Chicago yet He mentioned that a request has been put in for a full FY
1996 report on access expenditures, as requested when Kent Leacock was still here.
Mr. Hanson also mentioned that King Video is waiting for a notice that a purchase
agreement has been signed (US West selling its local Continental Systems) and that
we will be notified informally and then later with the proper forms.
.
Gary Talbot asked about the hooking up of Stillwater High School to the I-Net so that
programming can be done at the studio there. Steve Hanson indicated that he would
review the cost figures on that MOTION by Gary Talbot to request that Stillwater High
School be hooked up to the I-Net, seconded by Doug Bergmann, MOTION CARRIED,
Kathy to send a letter to the Company, It was also mentioned that we should check to
see if the high school is interested in this.
2. Access Center Report - Roy stated that he and Jack Wennberg had met to
discuss equipment needs for the Access Center. Roy submitted a request for a
computer and printer, bar code software, and the desire to have Internet access, His
request had 3 components: 1) upgraded computer & printer; 2) Internet hookup for
staff use; and 3) Internet hookup available to people in the community who don't have
access to it, making the Access Center a Communications Center.
There was much discussion about the computer/internet request and also about the
escrow funds. Dave Magnuson suggested that the escrow dollars be' spent before the
franchise is up, rather than have the Company think that we weren't able to use the
funds that were made available to us. Mr. Hanson stated that his understanding of the
Escrow Agreement is that the funds are from King Video and that any equipment
bought from those funds belongs to the Company,
.
On the subject of Internet service, it was asked who would pay for the Internet service
and the 2nd telephone line for it (It was estimated that it could cost approximately
$120/month.) Mr. Hanson indicated that it would probably be a part of the Operating
Expenses for the Access Center. He also indicated that it would be King's
responsibility to maintain any equipment purchased, the same as with all of the other
equipment owned by the Company. Some people felt that Internet access isn't
neccessary for the Access Center, that it could be abused, and certainly that may be
an issue if the public were allowed to use it Both Roy and Jack Wennberg indicated
that the Internet could be a valuable resource, Roy is trying to obtain some guidelines
from the Alliance for Community Media for policies and procedures for community use
of the Internet.
Jack Wennberg presented his recommendations on the request for a computer. He
recommends the purchase of a computer, printer and some software. He talked a bit
about buying the system on a component basis vs, buying a packaged deal. He
.
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.
i.
5/21/97 Commission Meeting - Page 3
believes that a package system has some advantages as far as warranty and software.
He does not believe that the Access Center should become a Communications
Center; that it is a television facilitv. Jack had a binder full of programming that can be
obtained for free, available through the Internet
Jerry Turnquist requested that the Internet not be available to anyone but staff at this
time, pending the review of the Guidelines that Roy has requested. Steve Hanson
agreed that the Internet should be for staff only at this time,
MOTION by Jerry Turnquist to authorize the purchase of a computer system, with Roy
and Jack working together on the purchase, at a cost of up to $3300, seconded by
Doug Bergmann. This motion was not immediately voted on; further discussion
followed.
MOTION by Gary Talbot to table the issue until the guidelines have been reviewed,
seconded by Doug Bergmann. Vote: 2 aye, 2 nay, MOTION DID NOT PASS.
MOTION again made by Jerry Turnquist to authorize the purchase of a computer
system, with Roy and Jack working together on the purchase, at a cost of up to $3300,
seconded by Doug Bergmann. Vote: 3 aye, 1 nay. MOTION CARRIED.
The Corporation expressed their concern that when considering how money will be
spent that there should be some other issues taken care of, such as having spare
bulbs for studio lighting and also the tapes that are supposed to be available. The
Corporation has indicated that they have spent about $200 on tapes themselves, so
that they know they will have some when needed. They requested that Super VHS
tapes be used in the studio.
3. Corporation Report
a. Annual Report and Business Plan - Gary Talbot stated that we could go
over these at the upcoming workshop with the Corporation and Commission.
c. Workshop (out of sequence) - The Corporation has requested having a
workshop with the Commission. A workshop date was set up: Wednesday, May 28th
at 7:00; Kathy will check to see if there is a City Hall available, and Dave Magnuson
will check his calendar.
b. Equipment from Escrow - Karen expressed the concern that the
Corporation has equipment in the amount of $16,680,86 on their books; it was
equipment purchased from escrow in 1990; has been on Corporation books for this
6-7 years and depreciated over that time; has been insured by the Corporation; and
that now it has been moved over to King's inventory list and that this cannot be done.
The Corporation and their accountant want to get this cleared up. The Corporation
5/21/97 Commission Meeting - Page 4
feels that the Commission granted these funds over to the Corporation for the
purchase of this equipment. Mr. Hanson doesn't believe that Escrow money can be
granted out; that the money is still King Videocable dollars and that anything
purchased from it belongs to the Company. Dave Magnuson feels that if money was
turned over to the Corporation for purchasing some equipment that this expenditure
does not establish Corporation ownership. As for depreciating of the equipment, Dave
stated, "If the Corporation doesn't pay taxes and if there is no income generated from a
non-profit Corporation, it wouldn't matter if it's fully depreciated or not (equipment). It
could be gifted back to the Company. Maybe it belongs to the Company and has been
held in trust by you (Corporation) for the purpose of public access and as long as it's
all dedicated to public use at the access center, it's merely a technical issue as to who
really has title to it".
.
Mike Knutson stated that they don't know what the consequences would be for a non-
profit organization gifting items to a for-profit company,
The Corporation and Steve Hanson have met once to discuss this equipment issue
and it was decided that they should meet again to resolve this issue.
4. Cable Commission Business
a. Accountant Arrangement Letter - MOTION by Gary Talbot to approve and .
sign this arrangement letter; seconded by Jerry Turnquist. MOTION CARRIED.
b. Estoppel Certificate - A document from Quest, our landlord, which they
want us to sign in association with the building being sold to new management. Dave
Magnuson reviewed the document and advised us that if we have any unresolved
issues with Quest that we not sign the agreement. Kathy indicated that there are still
some outstanding heating/cooling issues and that Quest has no intention of taking
care of it before they leave. Dave Magnuson told the Commission that if we don't sign
the agreement that it just tells the new owner that he's taking ownership subject to
some complaints that some people have, The Commission decided to follow our
attorney's recommendation and not sign the agreement. A vote not needed for this.
c. Possible Cost Sharing: Financial Review - at the recent refranchising
workshop it was discussed that if the Commission wanted to review the Company's
gross revenues that perhaps there may be an opportunity to share the cost with other
Commissions if they are also wanting to do this. Kathy drafted a letter and got the
information on other Commissions who have King, and asked for Commission
approval. MOTION by Jerry Turnquist to proceed with cost sharing inquiries to other
Commissions, seconded by Doug Bergmann, MOTION CARRIED.
d. Reports on Past Access Expenditures - A discussion item at the
.
.
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.
5/21/97 Commission Meeting - Page 5
refranchising workshop was reviewing access expenditures for the past 3 years: 1994,
1995 and 1996, Kathy drafted a letter and asked for Commission approval to move
forward on it. MOTION by Gary Talbot to send a letter to the Company asking for
reports on access expenditures for 1994, 1995 and 1996; seconded by JerryTurnquist.
MOTION CARRIED.
e. Secretary Review - The Commission announced that it would go into
executive session to discuss the secretary review.
f. Needs Assessment Update - Decision Resources will be faxing a rough
draft survey to the Commission by June 2nd, It was decided that Kathy will make
copies and send them out to the Commissioners for review, then the Commission can
decide at the next meeting how to proceed.
CONSENT AGENDA
MOTION by Gary Talbot to approve Resolution 97-5-21 approving payment of
billslfunds transfer, seconded by Jerry Turnquist. MOTION CARRIED.
CORRESPONDENCE
1. 1st Qtr. Franchise Fee & Report - No comments except that it was requested
that this report be sent to our current chairman (updatemailinglist).Mr. Hanson will
take care of this.
2. Continental Changing to Media One - The local systems won't be affected
by this and will retain their names.
3. Rate Changes for Equipment & Installations - Mr. Hanson reported that
most of the rates went down.
Doug Bergmann asked Mr. Hanson why we don't get WGN from Chicago as part of our
Basic service. It is currently on the expanded service tier. Gary and Doug are both
requesting that King provide WG N from Chicago as part of basic service. MOTION by
Doug to request WGN as basic service channel; seconded by Gary Talbot. MOTION
CARRIED. Kathy will send a letter to the Company.
4. Right of Way Legislation - Our cable attorney's office sent some right of way
legislation recently approved by the Minnesota legislature and his summary of this,
Also Mr. Creighton drafted a Right of Way agreement that the Cities could use, and he
will also be sending a right of way ordinance that he's drafting. Mr. Magnuson
indicated to the Commission that the franchise says that right of way issues are subject
to the local ordinances in the Cities, and that the Cities will all have their ordinances in
5/21/97 Commission Meeting - Page 6
conformance with state law. Each city has their own lawyer to deal with right of way
issues, as it deals not only with cable issues but with the other utilities, It was felt that
the Commission didn't need to take any action on this, but that Kathy could send it out
to the Cities for their review.
AFFIRM NEXT MEETING DATE
The next meeting of the Cable Commission will be Wednesday, June 18th at 7:30 p,m,
at Oak Park Heights City Hall, if available,
MOTION by Jerry Turnquist at 9:10 p,m. to recess to executive session to discuss
secretary review; seconded by Doug Bergmann. MOTION CARRIED,
The meeting reconvened at approximately 9:30 p.m.
The Commission granted the secretary the title of Administrative Secretary, a pay
increase as of May 19th, 1997 and approved the secretary's request of 25 hours a
week as needed. MOTION by Gary Talbot to approve these items; seconded by Jerry
Turnquist. MOTION CARRIED,
MOTION by Doug Bergmann to adjourn the meeting at approximately 9:35 p.m.,
seconded by Jerry Turnquist. MOTION CARRIED,
Submitted by Kathy Cinnamon
Administrative Secretary
.
.
.
.
.
.
OS/27:97 15:46 FAX 612 531 4445
KING VIDEOCABLE
~002
ii<
May 27, 1997
King Videocable Corllpany
G90 1 \"Ji~I"I~tk., A 'JQ f\J
Rrr:r.,"-I'(n P~'Io:. Mr-J S!.12B
(6 1 ~.,) ';:'~-lI.O~t) ~ Cu~'~/'n";f Senm.:C'
(61Z) 531 440(";. r::il~e' Cii.:J;
i(.'~; :';:H,'l'~'1.S . ::".u
..:.,mr.::-; IN CI"ln,,.,,tJr~
Cc~c:~1 M..'ni"!~~':r
Ann Bodlovick
Cable Commission Chairperson
Central St. Croix Valley Cable Commission
1941 Greeley Street South
Stillwater, MN 55082
Dear Ms, BodJovick:
I am pleased to announce that a purchase and sale agreement has been signed to transfer .
ovmership and control of King Videocable Company - Minnesota, Meredith Cable. and
Continental Cablevision - St. Paul, to Charter Communications. Charter
Communications is headquartered in St. Louis. Missouri and has a strong reputation
as a leader in the cable television industry focusing on quality and customer service
excellence.
Charter Communications currently serves over 1,000,000 cable television customers
nationwide and is ranked among the top 15 cable television companies.
The purpose of this letter is to give you immediate notification of our signing a purchase
agreement. More fonnal notification. including FCC Form 394, will follow. I have attached
the release that will be sent to local media announcing the agreement.
We will also be contacting you to arrange a personal introduction with appropriate
personnel from Charter Communications. As always please feel free to contact me
directly should you have any questions or comments regarding this process.
Ja es W. Commers
,.~neral Manager
Enclosure
cc: David Magnuson
~';J 'I:""Vi~~!;i T IJE (:lJ~.,~~..f'..J~~!! 1L'2 ,:)F
rdll~r" 8Es~i~",.:rl J)~II".vi' T:;;wr.1it,jp. RrO(;ft_f','rl CI.rrr;:f,8r~.,lct~..rl I';:if~~. C.,r.:r.'(.3I'< C\.I:I,tl.Jr~' Gfl:7'.'l? (:r;lC',11I, tJ.~r"':""'I':(;' 1',;-,',"'I:V",:, (Ju'd.m \/;'IIl~:,' Crr!.~. C,:n,u:1 isJa.,j Y.3nIJ'/~1
I I~!oll' tr~-:). ~Ul1'.i~Jfl l. :il'.p.;~md, I :~t r:!'~11""1 !.;h,:'r~~:~ i ..i~.'~ ,:';1 C:( l:~ 1.!l:l~1.7.h. 1\ ~.:ti.,I,~ Gn:"J(:. ~/~dj:~r.~ j J~(! r ..~; !r'it-.:"~l T ,~,:,,"l ;hl~.', ~~(~ :J I-j.,,,(? ~ l,,!.J',1c.:")r~. ~,,;'j'-!": .'-!I H f~:!.ln. r.:;~;... ,:igp.. I-I~,d :J...~~
1;:0.1',....... :,...........,.:..: i-",~~.'.....II~ 11""'''''1 .',}:!, r';I,.'.,,'. ". ,I. t, ,..,...~_. .~,~' d. .;-., . - "'., ". _ ,-.,.' ,-. .
U5:27;97 15:47 FAX 612 531 4445
"a{~'/W'1 'Il.~ U.':~b ~A~ ~1Ia~~~u~~
1{l:\G rIDEOCABLE
~J.'Ir.^'_'l"'C.
MediaOne'w
This is Brol'dbJlotl. This is tbe way.
News Release
For ImmedIale Re1ease
U S WEST MEDIA GROUP ANNOUNCES
AGREEMENT FOR SALE OF CABLE :sySTEMS
Systems Sold to Comply With Federal Requirements From
Merger of Continental Cablevisian Into US WEST Media Group
Boston, May 27. 1997 -- U S WEST Media Group (NYSE:UMG)
today announced defmitlve a.greements to sell cable systems In three
states.
One agreement covers the sale of Media Group's systems In the St.
Paul/Minneapolis metro area to CharteT Communications, Inc.. and two
partners. Kelso & Company and an affiliate of E. M. Warburg. Pincus &
Co., LLC. A separate agreement covers the sale of Media Group's systems
10 1W1n Falls. Idaho. and Ellensburg, Wash.. to TeIe-CommunicaUons.
Inc. (Tel).
Mbmtlll60ta SysteJD5
The Mirulc.sota systems are being sold fOT $600 m1llton.
representlng 10 times their projected 1997 cash fiow. Media Group will
use a portion of Its net operating losses to off Bet the capital gain3
associated with the transaction,
Media Group's cable systems In the TwIn ClUes area ~rve about
60 percent of cable subscribers In the 14th largest teleVISion market In
the nation. The cable systems pass 564.000 homes and serve 290.000
subscribers 1n St. Paul nod surrounding ~ublJrban communities o( the
Twin ClUes metropolitan region,
"'The ncqulsltlon of the Mlnneapol1s.St. Paul systems wtll vault
Charter tnto the top-lO cable operators In the Unlled Slates." ~ld
-- MORE
[(lJ 003
_tv.....
.
.
The Pilot HOUl~
L.wIS Wh~,'
&os(on, MA 021\0
I
lei /617.742.\\500 .
OS/2 i 19 i 15 : -Ii FAX 612 5.)1 -I H 5
Ubi~7/~~ ~~~ ~a:~' ~A^ hl/aD~~~~~
KING YIDEOCABLE
~"-'3t.# 1.1'\'#1" ...
-~OO.j
~ nn_
.
U 8 WEST Media Group Sells Cable Systems in Three States
Page Two
charter President Jerald L.Kc:nt. "These syste1i13 ace among the befit
c.t'lbl~ propeJ'ty clusters in the country. As fellow Midwestemer9, we <l:re
eager to SC;J;ve customers to our north on the MississIppi River and
pledge to provide the best possible service to these great comnlun1Ues.
"We have made an aggressive move to expand our holdl.nge in the
largest metro markets. On Fl:iday, Charter closed a.n. acquisition in Long
Beach. CalifornIa. In our four-year history. we have committed nearly $3
billion in funds to the cable business through our equity and bank
S\)urces. Th1s demonstrates the contlnu1ng confidence in the cable
business held by the financial community," Rent said.
'We're very proud of our long affUlation with customers In the
TwIn ClUes area." saId Amos B. Hostetter. Jr., CEO of MedJaOne, "'Ihe
completion Qf this transaction w1ll1eave our customers and systems
there in very good hands."
.
Idaho and WlUJhlngton $tate 6ysteJDA
Media Group is eelling its systems in Twin Falls, Idaho, and
Ellene.b\Jrg. Wash.. to Tel. The Twin Falla system serves about 16,000
S\\bscliber$, while the Ellensburg system serves about 6.000. FInancial
terms of the agreement were not dlsc1osed.
Complying with Jl'ed8n11 Requirements
Media Group is selltng the Minnesola and Idaho systems to comply
with FCC requirements governing the November 1996 merger of
Continental Cablevision, Inc.. now operating as MediaOne, into U S
WEST. under which Media Group must ent.er lnto definitive agJ:eements
by August 15. 1991. to disPQse of wholly owned cable systems located
withIn the telephone scrv1ce area9 of 11 S WEST Cornrounlcntions.
AlUlough U S WEST Conununlcations Group serves many parts of tlle
state of Washington. EUensburg is not among them. and Media Gro\\p
'M!!';n't required to sell the systero.
n MORE
Ie
OS/27:97 15:48 FAX 612 531 4445
Ub,'- 2"1 /tJ-, "lUt; 'J;'\; ;(.', r,~." b' (aa't')lf"'~
KING YlDEOCABLE
;,Q..C.....& D'."",e,
v S WEST Media Group SellJI Cable Systems in Three States
Page Three
The t.raneactlons are subject to federal and local regulatory
apprnv::lIs including the transfer of franchisee.
Media Group was represented iD. the Minnesota transaction by
Daniela and Associates.
Charter Communicatiolls is a privately-held, St. Louis-based
telecommunications company that has experienced dramatic growth in
its four-year history. It currently serves more than 1 milllon customers
1n 18 states.
U S WEST Media Group is involved 1n domestic and international
cable ~ncl telephony. wtreless commun1catlons. and directory and
tnfonnatlon serv1ces. For 1996. Media Group t."cported proportionate
revenues of $6.4 billion. Media Group is one of two nlC\!or groups that
make up U S WEST, a company In the connections buslnees. helping
customers share informatioll, entertainment and communications
services in local markets nationwide. U S WESTs other major grO\1,p. U
~ WI:;~T commurUt;i:tUuu~. VH,Vlt.lcl!f lclc~VUllUuulLa.l:.J.v~~" .:.c.rneeo h'1 14
Btates.
#####
For More InJonna,tion. contact
Rob Stoddard. MediaOne. U S WEST Media G;roup
(617) 854-3138
Anita Lamont, Charter CommunicatiOnS
(314) 965-0555
Mike Smith or Joann Dobbs. Tel
(303) 267-5273
Please visit our Web site!'! at hLtL): 11'W'W:W.mcdiaone.com and
htto://www.u$west.com
_ _~.o05
.
.
.
W ASIllNGTON COUNTY
Dennie C. Hegberg
Oletrlct 1
COUNfY BOARD AGENDA
JUNE 3, 1997, 4:30 P.M.
Mery Heueer
Oletrlct 2
Welly Ab..hemeon
Oletrlct 3
My.. Petereon
Oletrlct 4/Chelr
Oeve Engetrom
Oletrlct 6
1.
2.
3.
4:30
Roll Call
Consent Calendar
General Administration - J. Schug, County Administrator
A. Metropolitan Housing Opportunities Program - Cooperative Agreement
B. Resolution Deferring a Decision on the Need for an EA W on Goggins/School
Section Lake Project
Discussion from the Audience
4:30
4.
4:50
V'lSitors may share their concerns with the CoU1llJ Board oj Commissioners on any item no1 on the agenda. The Chair wiU direc1 the
CoU1llJ AtbninislralOr to prepare responses to your concerns. You are encouraged no1to be repetitious oj previous speakers and to
limi1 your address to jive minutes.
5.
Commissioner , Reports - Comments - Questions
This period oJlime s/uzll be used by the Commissioners to repon to thejidl Board on comminee activities, make commenu on mallers
oj illlereS1 and jnJomuuion, or raise questions to the stoff. This action is no1 intended to result jn substantive board action during
this time. Any acrion necessary because oj discussion wiU be scheduled Jor a jiIlure board meeting.
6.
7.
5:10
EkJard Corre~ndence
Adjourn
i~[~9'~i,,~(jg~lilililll;~~~~~f!;;r;1il~;~~\ii~~M~f~iiSiMiiE5;;
*******************************....*.*.**.***.**..******.*....*...*
MEETING NOTICES
-
Committee
Metropolitan LRT
Plat Commission
Time
9:00 a.m.
9:30 a.m.
Location
Hennepin County Government Center
Washington County Government Center
Auistive limning deWces .re eveiJ.bl. for u. in tire County B~rd Room.
If you nHd .D_nee dlH It> di.biHry Of Iengue~ _Of, pi... cell 43o-tSOOO (TOD 439-32201
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
JUNE 3, 1997
The following items are presented for Board approval/adoption:
.
DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the May 20, 1997 Board meeting minutes.
B. Approval of resolution authorizing the County Board Chair and the County
Administrator to execute the State Natural Resources Block Grant; and
authorization to amend Contract #ADM-1994-136 with the Washington County
Soil and Water Conservation District.
Auditor-Treasurer
C. Approval of request by the Northern Natural Gas Company for an easement on
tax forfeited land for gas utility installation, and authorization for the County
Auditor-Treasurer to grant the easement.
Community Services
D. Approval of agreement with the Housing and Redevelopment Authority and
Washington County Community Services, Workforce Center Division, for case
management services provided for the Family Self-Sufficiency Program.
E. Approval to appoint Mary C. Goulette from Sam's Club, to fill an unexpired
term on the Workforce Council to June 30, 1998.
F. Approval of a contract the Washington County Housing and Redevelopment
Authority to provide housing subsidies for individuals with a serious and.
persistent mental illness.
G. Approval of a contract with Rule 36 Limited Partnership of Duluth III for
residential services at Hamilton House in Lake Elmo.
Health, Environment
and Land Management
H. Approval to amend contract with Chisago County for household hazardous waste
management services.
Public Works
I. Approval of resolution, final payment to the State of Minnesota in the amount
of $166,163.87 for CR 64 (McKusick Road) reconstruction; and approval to
transfer project savings to the CR 52 project budget in the amount of $81,760.
Recorder
J. Approval of the plat of St. Croix Vista, W ~t Lakeland Township.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved
in one vote. Cormnissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action,
.
.
.
.
05-]e-1997 e9:24AM
LPL Fi~ancial Services
May 30, 1997
TO: Mr. Jay Kimble, Mayor
City of Stillwater, MN'
.cc: Mr. Clayton Eckles
Dear Mayor Kimble,
I represent Trout Unlimited and have been attending meetings since February
concerning the AUAR scoping document for the Brown's Creek watershed
annexation project.
I 'We are very concerned that Stillwater consider the impact of water pollution
and quality degradation of Brown's Creek that may be caused by boating on
Long and Mukusick lakes. The AUAR study glossed over the issue without
examining available real data from Long Lake. We have received such data
.provided by Mr. Oavid Fabio, and believe there is potential for serious
damage to Brown' Creek water quality.
:We strongly w-ge you to conduct a thorough engineering analysis before
deciding the appropriate types of boating restrictions to be placed on Long or
;Mukusick Lakes. We also strongly urge the review of the engineering studies
:perfonned prior to proceeding with any development in the Brown's Creek
watershed.
Sincerely,
~ '()
: ~jik.
': ary.f61lbet
:Stillwater Annexation Area AUAR Teclmical Committee
:Twin Cities Chapter of Trout Unlimited
PO Box 11465
St. Paul, 'MN 55111-0465
P.01
TeTAL p.e1
METRO MEETINGS
.
A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and
three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and
Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings
should be directed to the appropriate organization, Meeting information is also available on the Metro Information Line at
602- 1888 and on our web page at: www,metrocounciLorg, Comments on Council issues can be made by electronic mail at:
data.center@metc.state.nm.us or by calling the Public Comment Line at 602-1500,
DATE: May 23, 1997
WEEK OF: May 26 - May 30
METROPOLITAN COUNCn..
MEMORIAL DAYIHOLIDAY- Monday, May 26. Council offices are closed.
Southwest Metro Groundwater Work Group - Tuesday, May 27,1:30 p.m., Prior Lake Fire Station,
16676 Fish Point Rd., Prior Lake. The group will consider: metropolitan groundwater model; Lakeville
groundwater model; Dakota County groundwater model; and review of applicable data and studies.
.
Environment Committee - Tuesday, May 27, 4 p.m., Chambers. The committee will consider:
construction cooperation agreement with Hennepin County for relocation of sanitary sewer; contract for
bioxide storage tank at Meter 132; Partnership Minnesota awards; 1998 MCES budget review; and other
business.
Livable Communities Advisory Committee - Tuesday, May 27, 4 p.m., Room lA. The committee will
consider: demonstration of the Council's new interactive multimedia presentation; project summary review
of demonstration account proposals; and other business.
Executive Committee - Wednesday, May 28,8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis.
Housing and Redevelopment Authority Advisory Committee - Wednesday, May 28,8:30 a.m., Room
lA. The committee will consider the potential role of Metropolitan Council in publidprivate partnerships
for public housing and other business.
Transportation Advisory Board - Wednesday, May 28, 2 p.m., Chambers. The board will consider:
proposed amendment to the TAB bylaws; comments on the reauthorization ofISTEA; introduction of
Arthur Leahy, MerO general manager, and initial observations by Mr. Leahy of transit in the TwinCities;
legislative summary; tour of University of Minnesota transitway; and other business.
Informational Meeting on the Transportation Improvement Program (TIP) - Wednesday, May 28,
2:10 p.m., Chambers.
PUBLIC HEARING: South Washington County Transit Redesign - Wednesday, May 28, 7 p.m., St.
Paul Park City HaIl, 600 Portland Ave., St. Paul Park.
.
MetroGIS Policy Board - Wednesday, May 28, 7 p.m., Chambers. The board will consider: election of
vice chairperson; MetroGIS information need priorities; current board membership; response to Member
Schneider's information request; MetroGIS general activity update; and other business.
I
.
.
.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and
agenda are subject to change. For more information or confirmation of meetings, call 602-1447, (TIT: 602-
0904). Call the Metro Information Line at 602-1888 for news of Council actions and coming meetings.
TENTATIVE MEETINGS THE WEEK OF JUNE 2 TIIROUGH JUNE 6, 1997
Community Development Committee- Monday, June 2, Noon, Room 1A.
Finance Committee - Monday, June 2, 4 p.m., Room 2A.
Litigation Review Special Committee - Monday, June 2, 5 p.m., or immediately following the Finance
Committee meeting, Room 2A.
Planners Workshop Co-sponsored byMN/APA and the Metropolitan COUDcil- Tuesday, June 3,8
a.m. - 5 p.m., Minnesota Club, 317 North Washington, St. Paul.
Metropolitan Parks and Open Space Commission - Tuesday, June 3, 4 p.m., Chambers.
Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday,
June 4, 9 a.m., Chambers.
Transportation Accessibility Advisory Committee - Wednesday, June 4, 1 p.m., Room 1A.
Application Workshop for the Livable Communities Demonstration Account - Wednesday, June 4,9 -
11:30 a.m., St Louis Park City Hall, 5005 Minnetonka Blvd., St. Louis Park.
Committee of the Whole - Thursday, June 5, 4 p.m., Room lA.
Metropolitan Radio Board - Friday, June 6, 9 a.m., Metropolitan Counties Government Center, 2099
University Ave., St. Paul.
Forum on Solicitation Package for Transportation ISTEA Applications - Friday, June 6, 9 a.m.,
Chambers.
Application Workshop for the Livable Communities Demonstration Account -Friday, June 6, 9-
11:30 a.m., Roseville City Hall, 2660 Civic Center Dr., Roseville.
2
Stillwater Public Library
223 North Fourth Street
Stillwater, MN 55082
Board of Trustees'
Minutes
May 6, 1997
Members: Doeksen, Gorski J Hickey, Lockyear, Maybanks*, McFayden, Myers,
Nelson, Ruch. Director: Bertalmio.
* Absent
1 . Call to order:
President Ruch called the meeting to order at 7:05 p.m. with a quorum
being present.
2. Adoption of the Agenda:
Agenda adopted. Moved by Myers/seconded by Hickey.
3. Communications:
We received an anonymous donation of $5,000 toward the endowment fund for
children's materials. The Eagles Auxiliary donated $500 for large print books. A
recommendation in our suggestion box was to form a "Friends" group and to have
"Book Talks".
4. Consent Calendar:
Hickey moved/Gorski seconded to adopt the consent calendar including payment
of bills in the amount $16,805.92. Approved.
5. Long Range Plan calendar was presented.
6. Gail Nordstrom presented the Young Children's Programming Assessment.
7. Lynne Bertalmio presented the information of the staff's non-public work load.
8. The joint board meeting will be held Thursday, May 22 in Bayport. Each board
will have a topic for discussion at a taQle. President Ruch will be the discussion
leader for our table regarding long range plan/facilities review.
9. We will redo our 1998 budget format to look at staff costs (full and part time) and
benefits (full and part time). For facilities cost we will try to develop a cost per
square foot for areas.
.
.
.
.
.
.
Page 2
Minutes
May 6, 1997
10. Lynne is considering staffing allocation and changes. She will share this with
the Board.
11. The Board Project Management will be tabled until June.
12. Committee Reports:
Alternative Funding met with business- people's committee. Leaning toward the
St. Croix Foundation.
Centennial Committee has many activities in progress.
Facilities Committee is aiming at an October presentation.
Public Relations is involved with Centennial activities.
1 3. Other:
The Stillwater area umbrella web site called the Boom Site will use Runk photos.
They will be credited to the St. Croix Collection, SPL. Moved by Gorski/seconded
by Hickey. Approved.
1 4. Adjournment at 9:00 p.m.
.
.
'.
LUMBERJACK DAYS '97
ANCHOR EVENT
BLUEPRINT
Schedule alo 5/27/97
WEDNESDAY. JULY 16
{lID rn: @ rn: 0 WI rn:,fm .
,r({ JIM - 2 El97 1m!
FYI
"Sippin on the St. Croix" Night I
Lumberjack Days '97 Kickoff Wine & Beer Tasting Dinner Party Cruise
Board the Grand Duchess at the Stillwater Yacht Club
boarding begins at 6:30 p.m.
boat departs at 7:00 p.m.
boat returns at 10:00 p.m.
TUESDAY. JULY 22
9:00 a.m.
5:00 p.m.
6:00 p.m.
~ ..... ,.:'. ,
Treasure Hunt Opens Clue set # 1 released (if necessary)
Sponsor and "VIP" Reception
Freight House Restaurant
~y Invit~~ion only
; ", r ~. ~ . .
Drum BeautY Mirin-esota '97 Preview
Madispn 'Scouts ~::~':'~::' ,:
'~.: ." ':Freight House' Restaurant - ;:;
WEDNESDAY. JULY 23
9:00 a.m.
7:30 p.m.
Treasure Hunt Opens Clue set # 2 released (if necessary)
Drum Beauty Minnesota '97
Robert L. Miller Stadium
Stillwater Junior High School
In competition: .
Blue Stars
Pioneer
Crusaders
Crossmen
Blue Coats
Madison Scouts
Cadets of Bergen County
10:30 p.m. Drum Beauty Minnesota '97 Post Show Party
Applebee's Restaurant
Highway 36 -.
Stillwater
La Crosse, Wis.
Milwaukee, Wis.
Boston, Mass.
Philadelphia, Pa.
Canton, Oh.
Madison, Wis.
Bergen County, N.J.
...
THURSDAY. JULY 24
9:00 a.m. Treasure Hunt Opens Clue set # 3 released (if necessary)
.
5:00 p.m. "Sneak a Peek & Eat
Carnival Opens
Food Vendors Open
Downtown Stillwater
7:30 p.m.
Drum Beauty Minnesota '97
Robert L. Miller Stadium
Stillwater Junior High School
in competition:
Blue Stars
Pioneer
Blue Knights
Spirit of Atlanta
Crossmen
Madison Scouts
Cadets of Bergen County
La Crosse, Wis.
Milwaukee, Wis.
Denver, Col.
Atlanta, Ga.
Philadelphia, Pa.
Madison, Wis.
Bergen County, N.J.
7:30 p.m. Lumberjack Days '97 Music Spectacular Night I
G. B. Leighton
Lowell Park
10:30 p.m. Drum Beauty Minnesota '97 Post Show Party
Applebee's Restaurant
Highway 36
Stillwater
FRIDAY. JULY 25
.
Vittorio's Cave Tours
Sidewalk Sales
9:00 a.m. Treasure Hunt Opens Clue set # 4 released (if necessary)
10:00 a.m. "Sneak a Peek & Eat
Carnival Opens
Food Vendors Open
Downtown Stillwater
5:00 p.m. Running Race Pre-Race Meal
Vittorio's Restaurant
Downtown Stillwater
.
.
.
.
7:00 p.m.
Lumberjack Days '97 Music Spectacular Night "
xxx
Tim Mahoney and the Meenies
Lowell Park
9:30 p.m.
Post Concert Backstage Party
Sponsors and VIPs Only
Vittorio's Restaurant
SATURDAY. JULY 26
8:00 a.m. Stillwater's Lumberjack Days '97 10 Mile Run, 5K Walk or Run
Ends Lowell Park
8:00 a.m. Pancake Breakfast
Lowell Park
9:00 a.m. Treasure Hunt Clue set # 5 released (if necessary)
.9:00 a.m. Lumberjack Days '97 Dragon Boat Races. (morning brackets)
St. Croix River
Lowell Park
10:00 a.m. Carnival Opens
Downtown Stillwater
Sidewalk Sales. River Heights Plaza Events
12 noon
Stillwater Fire Department 125th Anniversary Fire Truck Parade
(Route to be announced)
Downtown Stillwater
1 :00 p.m. Pole-Climbing
Lowell Park,.North
Downtown Stillwater
1 :00 p.m. Lumberjack Days '97 Dragon Boat Races. (afternoon brackets)
St. Croix River
Lowell Park
1 :00 p.m. Afternoon Concert
Talent-Teddy Bear Band
Lowell Park North
Downtown Stillwater
2:00 p.m. Fire Department Demonstrations/Competitions
Visiting Fire Departments
Downtown Stillwater .
2:30 p.m. Joseph's Family Restaurant Pie Baking Contest
Double Crust Rhubarb
Joseph's Restaurant. Highway 36
7:00 p.m. Lumberjack Days '97 Main Concert Opener
The Trashmen
"The Bird is the Word"
Lowell Park-South
Downtown Stillwater
8:30 p.m. Lumberjack Days '97 Main Concert
Paul Revere and the Raiders
Lowell Park-South
Downtown Stillwater
10:00 p.m. Post Concert Backstage Party
Sponsors and VIPs Only
Esteban's Restaurant
SUNDAY. JULY 27
Carnival
Downtown Stillwater
1 :00 p.m. Lumberjack Days '97 Grande Parade
Lumberjack Days '97 High School Band Competition .
3:00 p.m. Pole-Climbing
Lowell Park-North
Downtown Stillwater
4:00 p.m. Post Parade Party at P. D. Pappy's
4:00 p.m. Ice Cream Social
Stillwater Public Library
4:00 p.m. Open House
Stillwater Fire Department & Stillwater City Hall
6:00 p.m. Rockin Hollywood's
Lowell Park-North
Downtown Stillwater
.
.
.
.
7:00 p.m.
Men's & Women's "Iron Jack" Lumberjack Competition
LowE;!1I Park-North
Downtown Stillwater
10:00 p.m. Fireworks Finale
. "Thunder on the St. Croix"
" A Salute to Our Valley"
Lowell Park North & South
Downtown Stillwater
Additions, Modifications, Comments:
*
The Parking shuttle will be expanded and a bus/tram will be used
to transport passengers.
All-Downtown trash pick-up.
Traffic police will be stationed at the bridge to insure safe
pedestrian flow from Lowell Park-North to Lowell Park-South.
Addition of Lowell Park-North electrical power for vendors.
More Children's activities. (Petting Zoo, etc.)
*
.*
*
*
.
.
.
Lower St. Croix Planning Coordination Offi
117 Main Street
Stillwater, MN 55082
612-439-7122
TO:
Lower St. Croix Planning Task Force, Local Governments
and Interagency Contacts
Buck Malick, Chair, Lower St. croiX. PI.~nning Task Force g~/
Kate Hanson, Planning Coordinator J<H
I
Friday, May 30, 1997
FROM:
DATE:
For the month of June, the Lower St. Croix Planning Task Force has
scheduled two working sessions, plus a special meeting with agency heads. This is
the only notice that will be mailed .for the meetings, so please note all three dates
and locations.
WORKING SESSIONS:
1. Monday, June 9, 1997; 7-9:30 p.m.
River Room, Phipps Center for the Arts; 109 Locust Street, Hudson
Topic: Riverway Administrative Structure
In keeping with the legislation that designated the National Scenic Riverway,
the Lower St. Croix is jointly administered by the National Park Service and the
Minnesota and Wisconsin Departments of Natural Resources. While the law
specifies joint management, it does not dictate how that should occur. At this
meeting, we'll review the existing administrative structure and discuss other
options that should be considered. This might include consideration of how the
three managing agencies work together; the role of the Minnesota-Wisconsin
Boundary Area Commission; regulation of private land use by state and local
governments; and enforcement of boating laws by federal, state and local
governments. A Task Force subcommittee is meeting June 3, 2-5 p.m., at MN DNR
(3rd floor conference room), to develop ideas for discussion on June 9.
2. Tuesday, June 24, 1997; 7-9:30 p.m.
Music Room, Phipps Center for the Arts; 109 Locust Street, Hudson
Topic: Riverway Boundary/Land Protection
The boundary of the Lower St. Croix National Scenic Riverway was
established in the 1970s. The agencies can acquire land within the boundary, and
use of private land within the boundary is regulated by local governments. On the
24th, we'll discuss adjustments to the boundary, land acquisition priorities, private
(continued on reverse)
land protection, an9,~ther boundary-related considerations. A Task Force
subcommittee is meetir:tg June 10, 2-5 p.m., at MN DNR (2nd floor conference
room) to develop ide\qs~or discussion June 24.
. ~ \ t.
;
SPECIAL MEETING WITH, AGENCY HEADS:
Monday, June 16,-'1997; 7-9 p.m.
Willow River Elementary School, Lee Auditorium
416 St. Croix Street, Hudson, Wisconsin
.
NOTE: please see attached map for location of meeting
National Park Service Midwest Region Director William Schenk, Minnesota
Department of Natural Resources Commissioner Rodney Sando, and Wisconsin
Department of Natural Resources Secretary George Meyer will meet with the Task
Force. This will be an informal meeting, intended to give the agency heads, the
Task Force and other interested individuals opportunity to discuss the plan and the
planning process at this early stage of alternatives development. At its June 9
meeting, the Task Force will take a few minutes to identify questions and aspects
of the plan they would like to bring to the attention of the agency heads.
STATUS OF PLAN:
* The alternatives workbook was distributed in April. About 60 people mailed back
comment response forms; the comments are now being summarized and will be
available in June. The workbook outlines 6 alternative approaches to managing
land use and water surface use in the Riverway--two key aspects of overall
riverway management.
* With its June 9 and 24 meetings, the Task Force is continuing work to develop
the alternatives--namely, how they should address navigation channel maintenance,
river crossings, cultural resources, interpretation, winter recreation, vegetation,
riverway administrative structure, and the riverway boundary. This work will
continue through July, and possibly into August.
.
* While the Task Force is working on the above, NPS staff at the Denver Service
Center are outlining direction for additional topics that will be addressed in the
management plan, such as: stewardship role of landowners and users; interagency
management of hunting, trapping and fishing; treaty rights; general management of
natural resources; threatened and endangered species; exotic species; user safety;
access for people with disability; research needs. (The Task Force listed the above
topics "common to all alternatives" at the January 1997 Alternatives Workshop.)
This information will be reviewed by the Task Force and incorporated into the
overall plan.
* A second alternatives workbook, incorporating response from the April workbook
and the Task Force's work on additional elements of the alternatives, will be
published later this summer or in early fall (depending on how long it takes the
Task Force to complete the additional elements).
.1
* The Task Force will start work to identify a preferred alternative AFTER the
second alternatives workbook is published and comments are received--probably in
the last 2 or 3 months of 1997. The preferred alternative will be published in a
Draft Cooperative Management Plan and Environmental Impact Statement.
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METRO MEETINGS
A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and
three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and
Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings
should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at
602-1888 and on our web page at: Www.metrocounci1.org. Comments on Council issues can be made by electronic mail at:
data.center@metc.state.mn.us or by calling the Public Comment Line at 602-1500.
DATE: May 30, 1997
WEEK OF: June 2 - June 6
METROPOLITAN COUNCIL
Community Development Committee- Monday, June 2, Noon, Room lA. The committee will consider:
Rum River Central Regional Park amended master plan; Eden Prairie MUSA addition and revised
transportation plan; Richfield comprehensive plan update; Gem Lake comprehensive plan update; 1996
Agricultural Preserves Status Report; and other business.
Finance Committee - Monday, June 2, 4 p.m., Room 2A. The committee will consider: closed meetings of
the Finance Committee to discuss labor negotiation issues; approval of 1996 Performance Evaluation
Report; discussion of variable rate debt; fund balance review; and update on managed competition. The
next portion of the meeting may be closed to the public pursuant to MN Statutes section 471.705,
subdivision la for discussion of labor negotiation issues. The meeting will be reopened to the public
following the labor negotiation discussion. The committee will consider the investment report and other
business.
Industrial Rate System Task Force - Tuesday, June 3, 7:30 a.m., Room lA. The task force will consider:
review of format of existing MCES rate system; beginning of discussion of the Industrial Rate System; and
other business.
Planners Workshop Co-spoDSored by MN/APA and the Metropolitan Council- Tuesday, June 3, 8
a.m. - 5 p.m., Minnesota Club, 317 North Washington, St Paul. A workshop for professional planners
getting started on updating their community's comprehensive plan.
Application Workshop for the Livable Communities Demonstration Account - Wednesday, June 4,9 -
11 :30 a.m., St Louis Park City Hall, 5005 Minnetonka Blvd., St Louis Park.
Transportation Accessibility Advisory Committee- Wednesday, June 4,1 p.m., Room lA. The
committee will consider: Metro Mobility transition update; Metro Mobility operations report; legislative
summary; ACT update; and other business.
Committee of the Whole - Thursday, June 5, 4 p.m., Room lA. The committee will consider: transitway
planning update; phosphorus strategy and planning; and other business.
Metropolitan Radio Board - Friday, June 6, 9 a.m., Metropolitan Counties Government Center, 2099
University Ave., St Paul. The board will consider: 1998 board budget-adoption for public hearing;
addendum to RFP; update on subsystem plans; lease agreement with Hastings Veterans Home; process for
review and approval of leases; legislative update; and other business.
.
Forum on Solicitation Package for Transportation ISTEA Applications - Friday, June 6, 9 a.m.,
Chambers.
Application Workshop for the Livable Communities Demonstration Account -Friday, June 6, 9 -
11 :30 a.m., Roseville City Hall , 2660 Civic Center Dr., Roseville.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St, St. Paul. Meeting times and
agenda are subject to change. For more information or confirmation of meetings, call 602-1447, (TIY: 602-
0904). Call the Metro Information Line at 602-1888 for coming meetings and agendas and other Council
information.
TENTATIVE MEETINGS TIIE WEEK OF JUNE 91HROUGH JUNE 13, 1997
Transportation Committee - Monday, June 9, 4 p.m., Chambers.
Southwest Metro Groundwater Work Group - Tuesday, June 10, 1:30 p.m., Prior Lake Fire Station,
16676 Fish Point Rd., Prior Lake.
Environment Committee - Tuesday, June 10, 4 p.m., Chambers.
Open House for Transportation Improvement Program (TIP) 1998-2000 - Wednesday, June 11,4 - 6
p.m., Room lA.
Executive Committee - Thursday, June 12, 8 a.m., Nicollet Island Inn, 95 Merriam St, Minneapolis.
Providers Advisory Committee - Thursday, June 12, 10:30 a.m., Room lA.
Metropolitan Council - Thursday, June 12, 4 p.m., Chambers.
.
Special Council Meeting - Thursday, June 12, 5 p.m., or immediately following the Council meeting,
Room lA.
METROPOLITAN PARKS AND OPEN SPACE COMMISSION
Commission Meeting - Tuesday, June 3, 4 p.m., Chambers. The commission will consider: authorizing
regional park grants financed with $3.5 million 1997 state appropriations and $2.33 million Metropolitan
Council bonds; city of St Paul presentation on Harriet Island Regional Park improvements proposed to be
financed with $2.7 million 1997 state appropriation and non-state match; final review of regional park map
reprint; and other business.
The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth
St., St Paul, MN 55101. Meeting times and agendas occasionally may be changed. To verify meeting
information, please call 602-1456.
METROPOLITAN AIRPORTS COMMISSION
Planning and Environment Committee - Tuesday, June 3, 2 p.m., Room 3040, Mezzanine Level,
Lindbergh Terminal, Wold-Chamberlain Field. The committee will consider: June ADNE levels; final
contract payments for international arrival facility caissons, revenue control building sprinkler system, and
1995-96 Part 150 sound insulation program; contract change orders for Holman Field wetland mitigation-
Pickerel Lake and Part 150 sound insulation program; contract bids received for 1997 airside bituminous
2
.
.
.
.
construction at MSP, 1997 taxiway/apron construction at MSP, runway redesignation at MSP, Post Road
realignment/reconstruction at MSP, obstruction removal at Crystal Airport, 1997 pavement rehab/W est
Building area annex at Anoka County-Blaine Airport, 1997 pavement rehabilitation at Lake Elmo Airport,
and Part 150 sound insulation program - April bid cycle; review of upcoming construction project bids;
ratification of acceptance of grant offer; long term comprehensive plan update at Anoka County-Blaine
Airport; MSP storm water management 1996-1997 status report; north-south runway property acquisition;
runway 4/22 extension; capital improvement program adjustments; parking update; consultant interviews -
Lindbergh Terminal complex architectural services; and other business.
Finance Committee - Wednesday, June 4, 11 a.m., Room 3040, West Mezzanine, Lindbergh Terminal
Building. The committee will consider: 1998 preliminary budget; update by financial advisor; strategic
plan; approval of Resolution No. 1756 - reimbursement resolution; and other business.
Management and Operations Committee - Wednesday, June 4, 1 p.m., Room 3040, West Mezzanine,
Lindbergh Terminal, Wold-Chamberlain Field. The committee will consider: Magnet 2000 desktop
hardware and software purchases; auto diagnostic center/vibratory router bid results; request for permission
to issue RFP for glass cleaning services at MSP; Minnesota State Lottery ticket sales-renewal of agreements
for lottery ticket sales for Minnesota State Lottery and lottery ticket sale booth location - Metropolitan
Public Airport Foundation; resolution authorizing sub-grant agreement for federal assistance; appeal of
reliever lease committee decision; legislative update; long term reliever fire service; and other business.
Metropolitan Airports Commission offices are located at 6040 28th A v. S., Minneapolis, MN 55450. For
more information, call Lynn Sorensen at 726-8186.
3
.
.
.
METROPOLITANCOUN~
Open House And Public Hearing On Proposed 1998-2000 Transportation Improvement
Program For The Twin Cities Metropolitan Area
The Transportation Advisory Board of the Metropolitan Council will hold an open house and a
public hearing to receive public reaction to the 1998-2000 Transportation Improvement Program
(TIP) for the Twin Cities Metropolitan Area. The TIP includes highway, transit, bikeway,
pedestrian enhancements, and air quality projects that are proposed for the federal funding in the
seven-county metropolitan area in the next three years. The program is prepared annually in
accordance with federal requirements and must contain all projects that are to be implemented
with federal funding assistance. The open house will offer the opportunity for discussion of the
proposed program; the public hearing will accept public comment on it. Both the open house
and public hearing will be held at the Metropolitan Council Offices, Mears Park Centre,
230 East Fifth Street, downtown St. Paul.
Open House for TIP discussion
Wednesday, June 11, 1997
4-6 p.m.
Room lA
Public Hearing for Comments on the TIP
Wednesday, June 18, 1997
4 p.m.
Council Chambers
The TIP is prepared jointly by the Metropolitan Council and the Minnesota Department of
Transportation. Projects contained in the TIP reflect the region's priorities and help implement
the region's transportation plan. Projects will be analyzed to determine impact on regional air
quality. The program will be adopted by the Transportation Advisory Board and approved by
the Metropolitan Council.
All interested persons are encouraged to attend the open house and public hearing and provide
comments. Upon request, the Council will provide reasonable accommodations to persons with
disabilities.
Comments, which must be received by Monday, July 14, 1997, may also be submitted as
follows:
. Send written comments to Emil Brandt, Metropolitan Council, 230 East Fifth St., St. Paul,
MN 55101
. Fax comments to Mr. Brandt at 602-1739
. Record comments on the Council's Public Comment Line at 602-1500
. E-mail commentsto:data.center@metc.state.mn.us
Free copies of the draft 1998-2000 Transportation Improvement Program are available at the
Council's Regional Data Center. Call 602-1140 or 291-0904 (TrY) to request a copy. Other
materials describing the Council's transportation efforts area also available. Questions about the
hearing or transportation issues may be directed to: Emil Brandt, 602-1721 or Carl Ohm, 602-
1719, Metropolitan Council, 230 East Fifth St., St. Paul, MN 55101.
.
.
.
~ Metropolitan Council
~ Working for the Region, Planning for the Future
Environmental Services
May 30, 1997
To: City and Township Officials
State Legislators
Industrial Users
Metropolitan Council Environmental Services is holding four breakfast meetings in June to
discuss the proposed 1998 budget, which isscheduledfor preliminary Metropolitan Council action
in late June and July. The breakfast meetings are designed to encourage our customers to
comment on the proposed budget prior to Council action.
The meeting dates and locations are shown on the reverse of this page. The hours are 7:30 a.m. to
9 a.m. Focus of the Thursday, June 26 meeting will be for industrial users.
While these meetings will center on the 1998 budget and the proposed five-year financial plan, you
may also comment on MCES issues of broader concern. During the pre-budget breakfasts in
March, we asked customers to complete a survey that would give us their input on our services.
We will distribute an executive summary of that survey at these meetings.
The June 25 meeting at the Seneca Plant in Eagan will include a tour of the facility. You may
come to the meeting only or stay for the tour that follows; the tour will last a little over an hour.
Please register early for this meeting, as space is limited.
A public hearing on the proposed 1998 Metropolitan Council Environmental Services budget will
be held mid to late summer in the Metropolitan Council Chambers, Mears Park Centre, 230 East
Fifth St., St. Paul.
If you are unable to attend one of our scheduled meetings and have questions or comments, call
Lois Spear at 602-1017. If you would like us to mail you a packet with meeting materials, call
Sarah Kline at 602-1129. These packets will be mailed after the last meeting date.
BUDGET BREAKFAST MEETING SCHEDULE ON BACK
To place reservations, call Dorothy Goodwin at 602-1263
Leave your name (please spell last name for name badges) and affiliation and
identify the meeting you will attend.
Receipts will be prouided for those participants couered by the
Ethics in Gouemment Act (Chapter 377) ($31 person).
230 East Fifth Street SL Paul. Minnesota 55101-1633
(612) 222-8423
TOO/TrY 229-3760
Fax 229-2183
An Equal OpportWlity Employer
Metropolitan Council Environmental Services
Budget Breakfast Meeting Schedule .
for the Proposed 1998 Budget
Wednesday, June 18 (7:30 A.M. - 9:00 A.M.)
Maplewood Inn
Maplewood Mall: Highway 694 and White Bear Avenue
(Use Hwy 61 exit: White Bear Avenue.exit is closed)
Maplewood, MN (770-2811)
Thursday, June 19 (7:30 A.M. - 9:00 A.M.)
Brooklyn Park City Hall
5200 - 85 Avenue North
Brooklyn Park, MN (424-8000)
Wednesday, June 25 (7:30 A.M. - 9:00 A.M.)
Seneca Wastewater Treatment Plant
3750 Plant Road
Eagan, Minnesota (602-4545)
MEETING: 7:30 AM. - 9:00 AM.
TOUR: 9:00 AM. - 10:00 AM.
There is limited space at this meeting--please register early. Wear good walking
shoes with leather uppers if you plan to take the tour. There will be stairs and a
considerable amount of walking involved.
.
Thursday, June 26 (7:30 A.M. - 9:00 A.M.)
(Industrial Users' meeting)
Kelly Inn
Interstate 94 and Marion Street
St. Paul, MN (227-8711)
(See attached maps for locations)
.
.
.
.
Wednesday
June 18,1997
Maplewood Inn
Maplewood Mall: Highway 694 and White Bear Avenue
Maplewood, Minnesota
Phone: 770-2811
Use Highway 61 (Maplewood Drive) exit on 694. The White Bear Avenue exit is closed.
From 694, exit south on Highway 61. Turn east on Beam to Southlawn and turn north on
Southlawn to the Maplewood Inn.
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June 19, 1997
Brooklyn Park City Hall
5200-85th Avenue North
Brooklyn Park, Minnesota
Phone: 424-8000
.
Brooklyn Park City Hall is located 2.5 miles west of Highway 252 on 85th Avenue.
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June 25, 1997
Seneca WW Treatment Plant
3650 Plant Road
Eagan, Minnesota 55122
Phone: 602-4545
MEETING: 7:30 a.m. - 9:00 a.m. TOUR: 9:00 a.m. - 10:00 a.m.
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chool Talk
School Talk is
a conversation between
the Stillwater Area
community and its
schools. After you
read it, please pass it
along to a friend.
Key Communicator
comments and ques-
tions are printed in
boldface, italic type.
A 'bullet'. indicates
a new voice.
School Talk
HOTLINE:
~
351-8410
Call this number
to leave a comment or
question for the key
communicator network.
To hear the School
Board agenda, call the
Hotline after 2 p.nt. on
Tuesdays preceding
meetings.
The Board meets the
second andfourth
Thursdays of each month.
Newsletter for District 834 Key Communicators
V olurne 2, No. 4/ May, 1997
Governor holds school funding hostage
The Legislature's regular session concluded May 19 with no action on education funding. In a leg-
islative update at the May 22 School Board meeting, State Senator Jane Krentz expressed frustration
and disappointment, wondering aloud what it means for Minnesota's public schools if adequate
funding is not provided in a year when the state budget has a $2.3 billion surplus.
Governor Arne Carlson will veto the K-12 Omnibus Education Bill (which sets school funding for
the next two years) unless it includes $1.5 million in tax credits for private school tuition. As this
newsletter goes to print, Carlson is sticking to his demand despite the fact that 171 of 201 legislators
voted in favor of the K-12 education bill. It's WIlikely that Carlson will call the legislators back for a
special session unless some kind of compromise can be reached.
In the meantime, public school districts, which are required by law to adopt next year's budget by
June 30, are left trying to set their operating budgets without knowing what state funding will be.
Because teacher contracts are a substantial part of district budgets, the Governor's intransigence also
leaves the negotiation process in limbo. School Boards are left in an WItenable position-kind of like
being asked to perform brain surgery with your mittens on.
Thl; baD is now in the governor's court, Krentz pointed out. If he vetoes the bill and does not call the
Iegislatme back into special session, the status quo will prevail. That is, there will be no change in
the state funding formula for the next two years. The bill Carlson will not accept would add $76 to
the formula the ftrst year and $79 the second year. With one exception (a $50 increase), Minnesota's
public schools have had no increase in the student funding formula for eight years. Wettergren
indicated that District 834 may be able to get by in 1997-98 without additional budget cuts due to
some special fWIding such as staff development dollars for implementation of the Graduation
Standards. Beyond that. it will be back to the increasingly painful budget-cutting process.
Superintendent Weuergren expressed concern about another proposed piece of legislation that would
require all public school districts to add three days to the school year. With 175 student days, District
834 has one of the longest school year calendars in Minnesota. Some districts have as few as 170
student contact days, but the proposed legislation would require all districts to add three days to their
school year. The state will provide no funding for the additional days (surprise!), which means they
have to be found within the existing calendar. Although School Boards have the rmal authority to set
a district's calendar, the calendar also is governed by teacher contracts, which set aside time for
workshop days that can't simply be turned into student contact days. Complicated, isn't it?
CLQE (Citizens Lobbying for Quality Education), the District 834 parent lobbying organization, h.'\s
been active throughout the session, attending hearings, testifying before committees, organizing
opportunities to present the case for public school students, and helping to maint.'lin a p.'lrent pres-
ence at the Capitol. All the state legislators who represent this school district-Senator.; Krentz and
Laidig, Representatives Larsen, Holsten and Swenson-have supported the increase in funding for
public schools. a.QE is to be commended and thanked for their efforts in the face of a frustrating
situation-a governor who seems detennined to translate his personal agenda into public policy at
odds with the Legislature, which re.'\ched agreement on an education bill that best meetc; the needs of
Minnesota's children
It: ~ the- m~.\iortt oft;he- Stal\uCtt"er Are<:tl S~ to-~(.we- hiffhr qU.(;tUt:y,
itutovGtt'we, ~ edtc.ca.t'WYtt wh(we- etlltZeanuw,s-GWe- \lcUued,. ~ Y~ed:ed-.
v
C~ for I
CelebrorwnJ
VThe Stonebridge PIA
External Communications
Committee's newsletter,
Beyond Our Walls...
What's Going On In
Education?, has earned
one of the three top jour-
nalism awards given by
the Minnesota PIA this
year. Beyond Our Walls is
written, edited and pub-
lished by Stonebridge
parents who offer their
readers education news
from the district, state and
national levels, as well as
commentaries on current
issues written by newslet-
ter staff and guest writers:
CongratUlations on a
well-deserved honor.
V Speaking of
Stonebridge: Happy
Birthday to You! The
school celebrated its 25th
birthday in May.
V School District 834 has
received the
SchoolMatch 1997 What
Parents Want Award,
placing the Stillwater
Area Schools among the
top ten percent of the
15,893 public school
districts being recognized
for meeting the needs of
families choosing schools.
SchoolMatch maint.1ins
information on every
public school system in
the United States and
accredited private schools
throughout the world.
---1.
Rutherford Elementary
· How many s14ff/teachers will be able to switch to the new elementary school?
The number of teachers and support staff at Rutherford obviously depends on the number of students
attending school there. Therefore, the answer to this question depends somewhat on the attendance
area defined by the School Board as part of the districtwide adjustment of attendance area boundaries.
If the Board adopts the Boundary Committee's recommendations, Rutherford will open with 450-5_
students (Rutherford's capadty is 8(0), which would mean 12-15 teachers. The first postings for
teaching positions at Ruthetford probably will go up by the end of this school year; teachers will be
recruited from across the district.
· (I'd like to know more about) wlwt the teaching style will be at the new school. Some say it will be
like Stonebridge.lliG? Traditional? l"ve heard many parents expressing concerns about this.
Rutherford principal Bernie Anderson prefers to avoid comparisons with other schools. He sees the
opening of this new school as an opportunity to draw from the best of programs already being prac-
ticed iIJ other District 834 schools to help define Ruthetford's instructional model. Some examples are:
thematic and integrated instruction, inter-disciplinary study, cooperative learning, conflict resolution,
peer mediation, etc. In fact, the School Board, as part of the decision to close Forest Hills 5-6 after
1997-98, directed that as much as possible of the Forest Hills thematic, inter-disciplinary pr~gram be
transferred into Rutherford School. When Ruthetford was in the design stage, the planning committee
tied design of the building to instructional program; the school will have five "houses" with large open
areas of space for flexibility. A program committee that will include teachers and parents will be
formed in the fall and will meet throughout the next school year in preparation for the school's open-
ing in 1998. Anderson's goal is to "forge a unique identity" for District 834' s first new elementary
school in 26 years.
Attendance area boundaries
(Here's wlwt I think about) the new indi}lidual school boundaries. As soon as this info. is finalized,
the exact street boundaries (with map would be nice) could be printed in "District 834 News" or
"Gazette" or "School Tallc"for organizers of youth orlaniiaJ;ons. We're affected by these changes!
The School Board has decided to delay boundary changes to the fall of 1998; no attendance areas will
change this fall. Superintendent Wettergren has recommended to the Board that boundary ded~ions be
made by the end of July so parents can have as much notice as possible of changes that affect their
families and to allow parents to be involved in program planning for Rutherford Elementary School.
The Board has scheduled a work session on the boundaries decision for Thursday. J one 12, 4:30 to
6 p.m. in the Central Services Boardroom. When boundary changes are adopted by the School Board,
a map will be made available to local newspapers and published in the next District 834 News .
newsletter.
A.. I I
t: h C3 t: fils...
t: h ~
.,~'^'~
~ Oak Park and Stonebridge received School Board approval to become site-based shared decision
schools. Afton-Lakeland's site-based plan was approved by the Board last year.
~ Administrative changes (to date) for next year: ,
. Dr. Kathleen Macy, currently with the Chaska School District, will become Superintend~t of
Schools July I, succeeding Dr, David Wettergren, who is retiring June 30. ;
. Bernie Anderson has been named principal of Ruthetford School. During the coming school year,
he will be involved in the construction and furnishing of the new school and planning its
instructional program in preparation for its opening in 1998; he also will continue as Forest Hills
principal during its last year.
. John Johnson will leave Stonebridge to become the new principal at Oak Park; the search for a
new prindpal for Stone bridge is in process.
. Mary Pat Cumming Juhl, will succeed Stillwater Area High School assistant principal Tom Cole,
who is retiring.
. On May 23, athletic director Connie Knoche submitted his letter ,Of retirement, effective June 20. .
~ All-day kindergarten has been approved as a two-year pilot at Marine School. Kindergarmers
will attend school all day, three days a week. .
Page 2
i/fr,!{;;iu'/./.Jf4 tjJ.e 1r:;/*!.:t.?-.i St:Ji .1
I VII '1.
SidLwa.~'1. ,41t>.a. .scj,vd.~
Apple Antics, the first ever, fll'st
annual, fll'st class District 834
talent show, raised more than
$6,000 for the Partnership Plan,
which exists to provide special
funding and human resources for
students and staff to enrich educa-
tion in the Stillwater Area Schools.
The "School People" presented
two evenings of stellar entertain-
ment which included dance from
tap to tango and vocal music from
solos to duets to barbershop to a
post-graduate hippie chorus.
Talented employees played violin
and saxophone and guitar and
staged a three-ring circus and an
educators' Wayne's World.
Retiring Superintendent
Wettergren was honored with a
motorcycle song of the road, and
district administrators staged a
sophisticated skit to the tune of
When I'm 64 that featured rocking
. s and intellectual jokes:
Do you know the difference
between a teacher arul a train?
A teacher says spit out your gum
and a train says chao choo.
Or, how about...
First old guy: I got a new hearing
aid yesterday,
Second old guy: That's great-
what kind is it?
First old guy: Oh. it's about
quaner to eight.
Tune in next year for the second
annual first class District 834
Talent show.
Today's Young Hero awards
· In the Saint Paul Pioneer Press in the Express section there's this MacDonald's pre-
sents Today's Young 'Hero and there's a MacDonald's arch and a name of a student and
the school they've gone 10 and I've seen a couple lily Lake and an Aflon-lAkeland kid.
I'm wondering-do parents give pennission 10 do this? Are the parents of these kids
notifed ahead of time that this is going to happen and asked for pennission 10 show their
/cids pictures?
Today's Young Hero, co-sponsored by McDonald's and the Saint Paul Pioneer Press, rec-
ognizes students who reflect the values of honesty, integrity, respect and trust. Students are
nominated for the award by other students, and the newspaper selects the winners whose
pictures are published in the paper. Parents must sign a release form giving permission for
publication of their child's name and photo before their child's picture is published. The
education coordinator at the Pioneer Press notifies teachers of the date their student will be
featured.
--Corection
--Correcion
I Correction
The last School Talk included a chart showing the
numbers of students participating in various co-
curricular activities at Stillwater Area High School,
Stillwater Junior High School and Oak-Land Junior
High School. The Oak-Land numbers were inaccurate;
they represented semester numbers rather than the
whole school year. Here is the same chart with the
Oak-Land number.s corrected:
Senior High Stillwater Junior High Oak-Land Junior High
Choir 185 290 255
Theater 70 30 118
Band 175 385 254
Orchestra 130 175 61
Speech 17 -----
--
Debate 16/26- -----
.compelHlonlclass
Who's watching handwashing?
· What are the responsibilities of school custodians? Who is in charge of washing tables
& chairs? (Here's what I think about) handwashing polkies at elementary level-any-
one monitoring this? Stonebridge colonies II, III and IV the kids are "on their own"
which means hands don't get washed!! Because everyone is in such a hurry. According
to Washington County epidemeologist: schools also cannot keep soap dispensers filled!
Sounds like a basic need not being met.
School nurse Gayle Parizino indicates that school health paraprofessionals and teachers
talk with students about communicable diseases and the importance of washing your
hands. School Health Fairs also are an opportunity to get the message across; for exampk,
at the Oak Park Health Fair Parazino and Scrubby Bear talked with students about hand-
washing. It's also helpful if the importance of clean hands is a priority at home which then
can be reinforced at school.
School custodians fill soap dispensers. If you see an empty dispenser, just point it out llild
it will be refilled. Overall, the best approach to concerns about clean hands ill schools is to
talk with your child's teacher and/or the school's health paraprofessional.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Page 3
gn Cerebration!
SOr. g)a'Vid ~ cwetterfJren
~tirement from StiUwater .Area sPu&Hc Scnoo[s
Open Cflouse
g;rida~, EJune 13, 1997
3:30 pm - 5:30 pm
Stif(water Area CHifJh Schoof - Commons
570] Stiffwater CBoufevara ~rth - Stiffwater. ~nnesota
9?roBt'am at 4:00 pm
9?fease join us in a cefebration for g)r. C\\TetterfJren,
who has served cnif4ren for 35 '"tears
as a teacher ana administrator and as
Superintendent of the Stillwater Area Schoofs
for efe-ven ana one half ~ears.
.i
SChOOl Talk
is published by
Stillwater Area Schools
(Independent School District 834)
1875 South Greeley Street.
Stillwater, MN 55082
(612) 351-8340
TOO 351-8338 I FAX 351-8380
Editor: Karen Lampi, 351-8400
School Board
Steve Zinnel, Chairperson
Melva Radtke, Vice Chairperson
Ann Gillen, Clerk
David Junker. Treasurer
Bud Buchman, Director
Mary Cecconi, Director
Karen Rose, Director
Superintendent of Schools
Dr. David L Wettergren
Stillwater Area Schools
Central Services
1875 S. Greeley Street
Stillwater, MN 55082
Nonprofit Org.
U.S. Postage
PAID
Pennit No. 192
Stillwater,
Minnesota
MAYOR JAY KIMBLE
CITY OF STILLWATER
216 N FOURTH STREET
STILLWATER MN 55082
(l) Printed on nC]ckJ dock