HomeMy WebLinkAbout1994-09-06 CC Packet
.e
AGENDA
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 94-30
September 6, 1994
4:30 P.M.
REGULAR MEETING
RECESSED MEETING
7:00 P.M.
4:30 P.M. AGENDA
1. Workshop - TIF assistance for purchase of land and construction of store
in Stillwater Business Park
2. Workshop - 1995 Budget (continued from August 30, 1994)
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
e
INVOCATION
ROLL CALL
APPROV AL OF MINUTES - August 16, 1994 - Special and Regular Meetings
August 23 and 30, 1994 -Special Meetings
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Paul Weiler and Roberta Opheim, St. Croix Valley Youth Service Bureau - Request for funding
2. Kathy Miron and June Eagleton, Community Volunteer Service - Request for funding
3. SUPERV ALU INC. Project - $5,500,000 Industrial Development Revenue Refunding Bonds
PUBLIC HEARINGS
1. L.I. 195. This is the day and time for the public hearing to consider the reassessment for Lot 1,
Block I, Deerpath Addition, Parcel Number 9400-2050.
Notice of the hearing was placed in the Stillwater Gazette on August 23, 1994, and notices
mailed to affected property owners.
a
2. L.I. 305, Pine Hill Estates. This is the day and time for the public hearing to consider the making
of an improvement of property described as Pine Hill Estates, pursuant to Minnesota Statutes,
Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the north
line of the city limits on Boutwell Street and the north line of Myrtle Street, with sanitary sewer,
storm sewer, watermain, and streets. The estimated cost of the improvements is $136,133.
Notice of the hearing was placed in the Stillwater Gazette on August 23, 1994, and August
30, 1994, and notices mailed to affected property owners.
City Council Agenda No. 94-30
September 6, 1994
Page 2
3. Case No. PUD/94-44. This is the day and time for the public hearing to consider a planned unit
development for the construction of a 65-unit apartment complex. The property is located at
Tuenge Drive and 61st Street in the RB. Two Family Residential District. Paul Schaefer,
applicant.
Notice of the hearing was placed in the Stillwater Gazette on August 23, 1994, and notices
mailed to affected property owners.
al
I
UNFINISHED BUSINESS
1. L.I. 308, Kutz Addition. Approval of Final Plat and Improvement Plans
2. One percent sales tax ballot measure for park/recreation facilities and downtown improvements
3. Possible second reading of ordinance: Amending salaries of City Council
4. Resolution: Schedule Hearings on Proposed Assessments
5. Resolution: Approving Plans and Specifications and Ordering Advertisement for Bids
L.I. 307, Myrtle Street Rehabilitation Project
6. Resolution: Accepting Bid for L.I. 304, Myrtlewood and
L.I. 303, WilkinslN. Broadway Extension of Sewer and Water Lines
NEW BUSINESS
1. Proposal for landscape design services related to Levee Wall improvements.
e
2. Application for Utility Assistance - McGarry
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
CONSENT AGENDA
1. Resolution: Directing Payment of Bills. (Resolution No. 94-205)
2. Approve Permit to Consume - Mulberry Point Antiques
3. Approve 1-3 day temporary liquor license - Valley Chamber Chorale
4. Approve purchase of backstop and safety fences at Washington Park ball field
5. Approve Final Payment to People's Electric Cont. for signal system at Greeley and Curve Crest
6. Appoint Eleanor Churchill as alternate election judge for primary election
7. Approve purchase of playground equipment for Benson Park
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
el
,.
e
e
e
MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director 12---
DA: September 1, 1994
RE: REQUEST FOR TIF ASSISTANCE FROM SIMONET FURNITURE
The City of Stillwater has received a request from Simonet Furniture for nF assistance for the
purchase of land and land development for a site in the Stillwater West Business Park. The land
and related expenses as itemized below are eligible nF expenses:
Land 75,000 SF at $2.50/SF
Sales Commission
Assessments
$187,500
5,000
9.659
$202,259
The land development costs of$169,894 mayor may not be eligible costs based on the specific
activities.
The site being considered for purchase is located in the scattered site TIF district but is not a
contributing parcel. That means that a new district would have to be established to capture
increased taxes from the development.
Based on nF policy regarding assistance, a maximum of 50. percent of the TIF proceeds for 5
years could be available for this type of retail development (policy attached). Specific TIF
figures have not been developed with the county assessor but based on a project of a similar
value according to the above policy approximately $15,000 "pay as you go assistance" would be
available for the project for a 5-year period totalling $75,000.
As an alternative to providing nF assistance for Simonet's moving out of the downtown they are
considering staying in place and upgrading their existing store. The cost of renovating their
existing store including making structural corrections due to settling cased by the 1965 flood,
store front renovation (reconstruct transom windows and third floor windows) new signage and
updated interior is $200,000. It is recommended that the council consider providing a no interest
deferred loan or low interest loan to Simonet's to assist with the updating and maintain their
presence in the downtown. The deferred loan or no interest loan for rehabilitation is an eligible
use of nF funds and is consistent with nF policy although the city has not developed this type
of program. Other old river cities, including Hastings and Red Wing have such a program.
The rehabilitation loan would be deferred until the property is sold or paid back at favorable
terms. The deferred loan idea is presented to the council for concept review and direction along e
with the request for assistance to purchase land for a new store. The existing Simonet's
downtown store is not a contributing parcel in the scattered site redevelopment district so no TIF
will be generated from the improvement. TIF funds would have to be found from other projects
to assist with the rehabilitation.
Recommendation
Consideration ofTIF assistance request to:
1. Assist with land purchase in Stillwater West Business Park ($372,153 requested $75,000
available based on TIF policy)
2. Assistance for building, repair and store front renovation through a deferred loan
$200,000
e
-
w
\l
,.
:1
,
.'
,~.
"
.;,...-
\
.!
.;!
I
I
.' 1
',I.i
~\ i I
':~~
N ,.,
......
6. Reduce special assessment and write down land costs.
e!
FUNDING APPROACH
The preferred method of providing assistance for private projects is the "pay
as you go" approach and the loan approach. "Pay as you go" does not involve
the issuance of bonds, and thus limits the City's financial exposure in these
uncertain times of State enabling legislation.
The loan approach involves the sale of tax increment bonds, and loaning the
proceeds to the developer which, in turn comes back to the City with interest.
The repayment funds would be placed in a development account to assist with
future development. This lessens the bond risk because there are two income
streams, tax increment and loan payments, that can be used to meet the bond
obligation. Only in special unique situations where there is very significant
benefit to the community, will "up front" assistance be considered. A
combination of assistance techniques may be appropriate in some Situations.
The following TIF allocation criteria will be used as a gUideline: (I) A
minimum of 50% of all new TIF proceeds shall be used in the Downtown
----
Redevelopment District to correct blighted conditions (2) New or expansion of
basic industrial development may receive TIF assistance according to the
Economic Development District requirements (maximum eight years of aSsistancel
(3) Other Commercial office retail or service business may receive two and one
half years of "pay as you go" assistance (50% of T1F proceeds for five years)
for land write down or Special assessment reductions.
e
PRINCIPLES USED TO REVIEW AND NEGOTIATE TIF DEVELOPMENT CONTRACTS
141J
1. To limit public financial assistance to a prOject to the minimum amount
necessary and assure the successful accomplishment of the project.
2. To keep the payback period for tax increment bonds and loans to the
shortest term Possible.
e
6
.'
e
e
e
MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director
DA: August 11, 1994
RE: REQUEST FOR TIF ASSISTANCE FROM SIMONET FURNITURE
The city has received a preapplication request from Simonet Furniture for TIF assistance to
purchase land in the industrial park for a new retail facility. They are also interested in finding
out what city assistance is available in the downtown to renovate and facilitate their existing
store.
It is recommended for the city council to set a workshop to discuss the request as it relates to city
TIF policy.
Recommendation:
Set workshop date to review request for nF assistance.
ADDENDUM
e
1. Map showing site (attached)
2. General description of project:
The project is the purchase ofland and construction of25,OOO square foot retail furniture
store at the location shown on the map at the comer of W ashington Avenue and Curve
Crest Blvd.
3. The site is designated Business Park Office in the West Stillwater Business Park Plan. A
Retail use requires a special use permit.
4. The TIF assistance as requested to pay for land and site related improvement costs as
follows and related 184,653, land development $187,500, total $372,153.
5. The project would result in the relocation of the Simonet Furniture and Carpet Store from
the downtown to the Stillwater West Business Park. It is felt that this is a better site for
the long-term future of the business. It is estimated that the improvement value of the
property will be $1,250,000.
6.
The developer/owner is Simonet Furniture, a long-term business in the community.
e,
7.
The owner would like to know what city assistance is available to renovate and upgrade
the downtown store besides the TIF assistance above for a new store location.
e
Buildin~
1.1 Retail
1.2 Office
1.3 Toilets (2)
1.4 Storage
1.5 Int. Display Area
't.. J
~17/94
1.
1.6
SIMONET FURNITURE
PRELIMINARY COSTS
Page -1-
s.f.
29,328
600
72
5,000
45.00
80.00
250.00
30.00
.;;J.. 5:'00 d
Subtotal Bldg. Size = -38, GotJ I
Add for loading dock
(10'-0" x 20'-0")
Total S.F.:
200 30.00
-z. S"i :.D D
~~.Y ~Cl{). ..-a
TOTAL BLDG. COST:
(45.22/sf)
2.
tt.
Land Development Costs
75,~00
2.50
Architectural Costs
1,791,760 X 5-1/4%
Land Costs
4.1 Land
4.2 . Sales Commission
4.3 Assessments
4.
5.
Misc.
5.1
5.2
5.3
5.4
5.5
5.6
Subtotal:
!,~/I~~
( 414,016)
1, S5e, 86+11~~J1f',...
2 ' ~~4\
-828,9@B sa4711J 4J.8~ 1~-
Subtotal: I f,~~5-: 1~(
~~~
~,
75,000
2.25
Costs
Soil Tests
Title Costs
Mortgage Registration Fees
Legal & Accounting Fees
Survey (By Seller)
Bldg. Risk Insurance
6. Interim Financing Costs
6.1 Deduct 20% equity -
6.2 Divide by 2
6.3 8% - 6 mos.
e. Contingency.
TOTAL PROJECT COST: (62.73/sf)
6/17/94
PRELIMINARY
1,319,760
48,000
18,000
150,000
50,000
6,000
II J ) f)) 'J"()()
1 , ~ 91 I 760
187,500
94,067
169,894_.
5,100
9,659
5,000
600
3,000
2,000
1,500
:-2;07010eo ,
'" ~~8, S z,,,
5%
2;-loe, 361 .......
I t'/4,; SO
FINAL
/i1, t: 0
/6'1/ gq'l. .
5:) Id iJ
~ I is~
~
171
5tMO",vr.
5;~
5tdlw~ .
M~.
f~
e
,-- -
"
I I LJ
W. ORLEANS 51:
(:1- J;w~
OUTLOT A
PARCEL ~
PARCEL.2
f~", 17';'"
j;/_'
"r--' /J/'I/1~~
CURVE CREST
12 II
~ .
I-I [
PARCEL
j/~
Apv
1
ui \ I? ,-
.J
"
e
CITY OF STILLWATER
PRE-APPLICATION
TAX INCREMENT FINANCING ASSISTANCE
Legal name of applicant: ~/md~ ;:::Ur/'lllu,.~ ~&"o.er 47, 7N'~
"
Address: 1'" .z. wt,4;' 7/
Telephone number: /(1'1- 'LlltJ
Name of contact person: ~~ ~~~~~
REQUESTED INFORMATION
e
Addendums shall be attached hereto addressing in detail the following:
1. A map showing the exact boundaries of proposed development.
2. Give a general description of the project including: size and
location of building(s); business type or use; traffic
information including parking, projected vehicle counts and traffic
flow; timing of the project; other pertinent information.
3. The existing Comprehensive Plan Land Use designation and zoning of
the property. Include a statement as to how the proposed development
will conform to the land use designation and how the property will be
zoned. Explain any discrepancies between the proposed development and
the existing land use designation and zoning.
4. A statement identifying the public improvements requested to be
financed and why the costs of the improvement cannot be paid by the
developer.
5. A statement identifying the public benefits of the proposal including
estimated increase in property valuation, new jobs to be created and
other community assets.
6. A written perspective of the developers company or corporation,
principals, history and past projects.
Applicant understands and agrees that the information contained in this
application, and the information contained in items above, is intended for use
by the City of Stillwater, its officers, employees, and agents in connection
with the City's consideration of possible tax increment bond financing for
applicant's project; howevert the City gives no assurance that this
information may not be disclosed, in whol t, t~ersons other than
City's officialst employees /.
SIGNATURE
e
Appl i cant's
tit
e
e
-\
MEMORANDUM
TO:
Mayor and City Council
FROM:
City Coordinator
stffiJECT:
Budget Review Considerations
DATE:
September I, 1994
I have reviewed the budget (again!) and suggest that the Council will need to look at the following
items velY closely in order to hold the budget to an acceptable level. The asteriked items are
recommended cuts or reductions. 1be other items need further review and discussion by Council (i.e.
prioritization) and does not necessarily reflect a recommendation to cut on my part.
OPERATIONS
AdminlFinance
Budget Amount
Admin. Asst. O-Iuman Resource Dir.)
Membership and Subscriptions
43,581
* 1 ,000
Plant City Hall
Natural Gas
Maintenance Agreements
*1,000
* 1 ,500
police
Patrolmen (2)
Seminar/Conference
Youth Service Bureau
79,034
*3,000
*3,000
Inspection
Assistant Building Inspector
33,466
PW /Engineer
Engineer Technician III
Secretary
Auto Fuel
21,992
17,096
2,500
;: ..
PW /Street
Laborer (FT)
1/2 La borer
Stonn Sewer Charges (keep 80,000)
29,943
14,972
*50,000
e
Planning
Other Professional Services
75,000
Library
Part-Time Salaries
17,115
Park Fund
Laborer ():-'T)
1/2 La borer
29,943
14,972
Total Operations
439.114
CAPITAL QUILA Y
Admin/Finance e
Copy Machine 13 ,000
Computer (Keep 1) 5,000
Printer (Keep 1) 1 ,500
Police
Squad (Keep 2) 34,170
fire
Ladder Truck Rehab 5,000
Inspections
New Vehicle 12,000
PW !Engineer
Computer 4,000
Printer 7,000
Workstation 3,500
Survey Equipment 3,000
PW /Gara~e
Repair Garage (Keep 10,000) 15,000
-
e
e
e
,.
Library - Operations
Lounge Chairs
Telephone Upgrades
5,200
7,600
Library - Plant
Repair Retaining Wall (Keep 10,000)
Stained Glass Repair
28,000
5,800
Parks
Playground Equipment (Keep 50,000)
Benson Park (Keep 30,000)
50,000
30,000
Lily Lake
Picnic Area Walkway
40,000
Total Capital Outlay
269.770
,
'" "
· Iwater
TIMOTHY J. BELL
CAPTAIN
DONALD L. BEBERG
eHIEF OF POLICE
.
.
~
,
THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
M E M 0 RAN DUM
TO:
MAYOR HOOLEY AND THE CITY COUNC
FROM:
D.L. BEBERG, CHIEF OF POLICE
DATE:
SEPTEMBER 2, 1994
RE:
EXPENDITURE REQUESTS
--------------------------------------------------------------------
OUR ADULT AND JUVENILE INVESTIGATORS ARE REQUESTING PERMISSION TO
PURCHASE TWO CAMERAS FOR THEIR INVESTIGATIVE USES. THEY HAVE TALKED
TO INVESTIGATIVE CLASS INSTRUCTORS AND HAVE HAD INPUT FROM OTHER
OFFICERS ON THE SELECTION OF THE CAMERAS THEY WANT. THE BEST LOCAL
PRICE THEY OBTAINED WAS AT WAL-MART WITH A TOTAL (INCLUDING TAX) OF
$489.52.
THEY ARE ALSO ASKING TO PURCHASE 1 VIDEO CAMERA WITH "EXTRAS" FROM
JOHNNY'S TV FOR A TOTAL OF $974.48, TAX INCLUDED.
WE WERE ALLOCATED $1,500.00 IN CAPITAL OUTLAY FOR 1994 FOR THESE
EXPENDITURES. THE ABOVE ITEMS TOTAL $1,462.93.
WE RECEIVED $1,210.96 FROM THE WASHINGTON COUNTY AUCTION THIS PAST
SPRING. THIS IS FROM THE SALE OF FOUND/STOLEN PROPERTY WHERE THE
OWNERS COULD NOT BE LOCATED.
WITH ONE OF THE LATEST COURT DECISIONS AND THE COUNTY ATTORNEYS
INTERPRETATION OF THAT DECISION, WE ARE FORCED TO RECORD (NOT
TRANSCRIBE) INTERROGATIONS OF ALL PERSONS IN CUSTODY SO THAT VERBAL
INFORMATION IS AVAILABLE TO THE DEFENSE ATTORNEYS IF THEY SO DESIRE.
WE ALSO NEED TWO HIGHER QUALITY HAND HELD RECORDERS FOR THE TWO
INVESTIGATORS FOR TAKING STATEMENTS. WE ARE PROPOSING BUYING 2 SONY
HAND HELD RECORDERS FOR THE TOTAL AMOUNT (TAX INCL.) OF $372.75.
IN ADDITION TO THESE TWO "HAND HELDS" WE ARE ASKING TO PURCHASE 12
ADDITIONAL CHEAPER HAND HELD RECORDERS FOR THE "STREET" OFFICERS.
THESE WILL COST $378.99, INCLUDING TAX.
BESIDES THE ABOVE RECORDERS, THE CAPTAIN AND SERGEANTS ARE IN NEED
OF NEW DESK CHAIRS AND I AM ASKING THEM WE BE ALLOCATED TO SPEND NO
MORE THAN THE REMAINDER OF THE ABOVE $1,210.96 TO PURCHASE TWO CHAIRS
FOR THEM.
ROGER RUETTEN OF THE CUB FOODS OFFICES AT 3RD AND PINE STREETS IS
ASKING THAT THE CITY MAKE THE TEMPORARY NO PARKING SPOTS ON 3RD STREET
IN THE AREA OF PINE STREET, PERMANENT. THEY ARE SATISFIED WITH THE
WAY IT IS. I SUGGEST THEIR REQUEST BE GRANTED. SEE THE ATTACHED
DIAGRAM.
94-35
212 North Fourth Street, Stillwater, Minnesota 55082
Business Phone: (612) 439"1314 · 439-1336 · FAX: 439-0456
Police Response I Assistance: 911
.
-4
...
S0UTH3RD STREET
NO
PARKI NG
HERE!
TO
CORNl1R
NO PARKING THIS SIDE OF THE STREET
(Second St to Third St)
.
.
CUB OFFICE
BUILDING
DRIVEWAY
l
N
NO
PARK G
ANYT
NO
PARKI G
ANYTI
PINE STREET
NO
PARKING
HERE
TO
CORNER
NO
PARKING
8-4:30
MUNICIPAL PARKING
LOT
DRIVEWAY
NO
PARKING
8-4:30
400 and 406 SOUTH 3RD STREET
HOMES
OAK STREET
08/31/94 14: 54 FAX 612 490 2150
\!1t:l-..H -1 ~4 1:1':1: ~"HI'I t-t<UIYI
SEH ST. PAUL -t-t-t S'1'.........."A...~.~: 41.1 "I.I ,,'I.
I U ...;lc.lG.J...-.J j .. UL.
P.O. BOX 520
SHAKOPEE, MN 55379-0520
PHONE: (612) 445-7004
FAX: (612) 496-2088
August 31, 1994
Mr. ~ichard E. Moore, P.E.
S E H
35~S Vadnais Center Orive
200 SEH Center
St. Paul, MN 55110
Re: Southeast Area sanitary Se~er Project
Stillwater, MN
e
Dear Dick,
Per section s.c. 12.1 of the specifications, we do hereby request
an extension of our contract completion date until September 3D,
1994.
This request is 'being made beca~se we have experienced delays to
include but not limited to easements being slow in obtaining',
utility relocation slowing up our progress, and several changes in
, our scope of work.
e
S~
C:-:~1 ~ "==, li!, ,~, 0.'=:::;'
GENERAL CONTRACTOR
=Y(~A"Q"~'NC; SlTE DEVELOPING" TRUCKING & HEAVY EQUIPMENT MOVING
e
e
e
~fEif::.1 $
~..~
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE & GALLERY 324 SOUflI MAIN STREET SUITE n60 P.O. BOX 438 STILLWATER, MN 55082
TELEPHONE: (612) 439.9464 TFLECOPIER: (612) 439-5641
LEGAL ASSISTANTS
DA VID T. MAGNUSON
MATTHEW A. STAEHLING
August 31, 1994
MELODm ARVOLD
SHELLEY SUNDBERG
Nile Kriesel, Coordinator
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
Dear Nile:
Enclosed is the draft agreement that has been prepared for the UBC transaction, along with copies of the
letters of transmittal that have been sent to the different parties to the transaction.
Perhaps a copy of this agreement and the transmittal letters should be included in the council packets so
they might be aware of the status of the project. Please call with any questions.
Yours very truly,
~
David T. Magnuson
DTM/sls
Enclosures
e
e
Ie
. ,
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE &. GALl..ERY 314 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER., MN 5508Z
TELEPHONE: (611) 439.9464 TELECOPIER: (611) 439-5641
LEGAL ASSISTANTS
DAVID T. MAGNUSON
MATTHEW A. STAEHLING
August 31, 1994
MELODIE ARVOLD
smu.EY SUNDBERG
Cindy Felstad
Attorney at Law
64 East 4th Street
P.O. Box 310
Winona, MN 55987
RE: City of Stillwater/Lanoga Corporation Development Agreement
Dear Cindy:
I enclose for your review the first draft of the development agreement for the UBC project in Stillwater,
together with all proposed exhibits, except for the guarantee agreement that is mentioned in the draft.
It will be necessary for us to negotiate a guarantee or some other assurances that UBC will have the funds
necessary to perform according to the schedule. I am sure you can appreciate this substantial risk of
borrowing or incurring a debt in the event of some catastrophe or insolvency on the part of UBC.
In addition,.we have begun discussions with George W. Olsen Construction of Stillwater and will have
a draft of Construction Manager's Agreement for your review within a week. G.W.O. suggests an
informal meeting. between themselves, the City and UBC, perhaps next week to discuss anticipated
problems and to allow the parties to get to know each other.
We will also need to fill in a number of the blanks in the document, such as the statement of eligible costs
and the after-value of the proposed improvements, but these values can be developed in due time. We
anticipate, however, that all of the documents should be signed and adequate assurances provided as
needed within 30 days. We look forward to hearing from you.
Yours very truly,
DTM/sls
Enclosure
cc: Steve Russell
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE & GAU.ER.Y 314 soum MAIN STREEt' SUITE 1260 P.O. BOX 438 STnLWATER. MN 55081
TELEPHONE: (612) 439-9464 TELECOPIER: (612) 439-5641
LEGAL ASSISTANTS
DAVID T. MAGNUSON
MATTHEW A. SfAEHLING
August 31, 1994
MELaDIE ARVOLD
SHELLEY SUNDBERG
Robert Briggs
Eckberg, Lammers, Briggs,
Vierling & Wolff
1835 Northwestern Avenue
Stillwater, MN 55082
Dear Bob:
Enclosed is a draft of purchase agreement for Dick Anderson's purchase of the UBC buildings in
downtown Stillwater.
We will, of course, have to supply a legal description for the contract and also discuss some form of
assurances that Dick could give to the City that he will have funds available to consummate the
transaction.
Ideally, we would have a letter of credit in place, but perhaps something shorter that would be available
and we would be open to considering any reasonable arrangement.
We hope to have this purchase agreement, along with other documents needed for the transaction signed
within 30 days, so your efforts and assistance will be appreciated.
Yours very trol y,
~
David T. Magnuson
DTM/sls
Enclosure
cc: Steve Russell
. ,
e
e
-
e
e
e
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE &. GALLERY 324 SOUTH MAIN STREET SVlTE I1CiO P.O. BOX 438 smLW ATER. MN 55081
TELEPHONE: (612) 439-9464 TELECOPIER: (612) 439-5641
LEGAL ASSISTANTS
DAVID T. MAGNUSON
MATTHEW A. STAEHLING
August 31, 1994
MELODIE ARVOLD
SBFLLEY SUNDBDtG
William J. Pauley
4570 Northbrook Blvd. North
Baytown Township
Stillwater, MN 55082
Dear Bill:
I enclose a draft of purchase agreement that has been prepared for the industrial park property that the
City proposes to convey to UBC for their new store.
I assume that you are in touch with Violet and that I need not send a copy of this agreement directly to
her, however, if this is not the case, please let me know.
We will have to obtain a verified legal description of the site to attach to the agreement and also a survey,
if you have done this already.
,We would like to have a binding agreement in place in 30 days so that the project can move forward.
Call me if you have any questions.
Yours very trol y ,
DTM/sls
Enclosure
cc: Steve Russell
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE &: GALLERY 314 soum MAIN STREEl' SUITE n60 P.O. BOX 438 STIILWATER, MN 55081
TFLEPBONE: (612) 439.!1464 TELECOPIER: (612) 439-5641
LEGAL ASSISTANTS
DAVID T. MAGNUSON
MATTHEW A. STAEHLING
August 31, 1994
MELODIE ARVOLD
SHELLEY SUNDBERG
Jerry C. Winslow
Sr, Environmental Engineer
Northern States Power Company
414 Nicollet Mall, 2nd Floor
Minneapolis, MN 55401
RE: City of StillwaterlLanoga Corporation Development Agreement
Dear Jerry:
I enclose a draft of purchase agreement for purchase by NSP of the UBC Yard Site in Stillwater.
You will note that the agreement is contingent upon working out a satisfactory lease or repurchase
agreement with the City and so we should talk about that very soon since we would like to have a binding
agreement within 30 days.
We also would like to have the indemnity agreement signed and in place before the purchase agreement
is signed and we will also, of course, need a verified legal description of the site to attach to the
agreement.
We appreciate the cooperative effort that NSP has shown with regard to this redevelopment effort.
Yours very trol y,
DTM/sIs
Enclosure
cc: Steve Russell
, ,
e
e
e
e
e
e
First Draft
August 25, 1994
AGREEMENT
FOR
MUNICIPAL INDUSTRIAL DEVELOPMENT
CITY OF STILLWATER, MINNESOTA
AND
LANOGA CORPORATION,
A DELEW ARE CORPORATION
125 WEST FIFTH STREET
WINONA, MINNESOTA 55987-5550
and
17946 NE 65TH STREET
REDMOND, WASHINGTON 98052
THIS INSTRUMENT WAS DRAFTED BY:
David T. Magnuson
Magnuson Law Firm
324 South Main Street, #260
Stillwater, MN 55082
(612) 439-9464
AGREEMENT FOR MUNICIPAL INDUSTRIAL DEVELOPMENT
e
THIS AGREEMENT is entered into between and among:
a) The City of Stillwater, Minnesota, a municipal corporation in the State of Minnesota; and
b) Lanoga Corporation, a Delaware corporation, 125 West Fifth Street, Winona, Minnesota,
55987-5550.
In consideration of their mutual promises and undertakings the parties to this Agreement agree
as follows:
ARTICLE I
Background: Findings: Definitions
1.1. The lumber industry has been a significant economic presence in the City since 1843,
however, shortly after the turn of the century, the industry began a steady decline that has had a negative
effect on the economic health of the City. Lanoga Corporation (UBC) and its predecessors have occupied
a site in the Central Downtown Business of the City where they have stored, warehoused and distributed
forestry products to the public and are the last remaining lumber industry to provide this product in the
Central Business District. Because of site restraints and the changing nature of the Downtown area, they
have found that it is essential to their industry that they relocate to the Industrial Park of the City in a
e modem facility that would allow them to flourish.
1.2. UBC and the City have found, however, that part of the site upon which the industry is now
located (the "Yard Site") contains hazardous wastes. A Phase I Environmental Site Assessment (ESA)
completed for the property indicated that the Yard Site was occupied by Stillwater Gas and Electric Light
Company from approximately 1887 to 1910 at which time it was purchased by Bluff City Lumber and
Consumers Light & Power Co. Northern States Power (NSP) Company purchased the yard Site in
approximately 1924 and in turn sold it to UBC in 1972. While occupied by Stillwater Gas and Electric
Light Company, predecessors to NSP, the site was used as a coal gasification plant. A TEC Associates,
Inc., has completed a Phase II Environmental Site Assessment at the Yard Site and found polynuclear
aromatic hydrocarbons (PAHs) in soil and groundwater samples collected at the site. Naphthalene,
fluoranthene, and benzene concentrations were detected in a downgradient monitoring well that exceeded
the Minnesota Department of Health (MDH) Recommended Allowable Limits (RALs). The Minnesota
Pollution Control Agency (MPCA) has designated the site as Stillwater Gas Manufacturing Site #1. The
United States Environmental Protection Agency (USEP A) has completed a Preliminary Assessment and
a Site Inspection report for the site. The site inspection was completed in 1987 by Ecology and
Environment (EPA Contractor). MPCA staff have indicated that the site is scheduled to be scored within
the next year under the new Federal Hazard Ranking System (HRS).
1.3. The City has found that without the public assistance that is contemplated by this Agreement
that the Downtown site could not be sold to enable the relocation of UBC and without the public
assistance that is contemplated by this Agreement the site would become more marginal and blighted and
result in the loss of employment opportunities.
e
1
, ,
1.4. The City has found that the continued viability of the lumber distributing facility is vital to
the economic life of the City. The City has found and determined that substantial public financial
assistance to UBC as contemplated by this Agreement is equally vital to the economic life of the City. e
The City has also found and determined that the economic assistance contemplated by this Agreement will
(i) serve the public purpose underlying the City's policy of protecting and preserving public health, safety
and general welfare of its citizens, (ii) assist in achieving the objectives of the City's and the related state
and federal programs of economic assistance and (Hi) prevent the emergence of marginal and blighted
land and the loss of jobs in the City.
1.5. The City has found that the public interests described above will be furthered by the City
purchasing property in the City Industrial Park and building a facility for the relocation of UBC, and then
trading the completed new facility to UBC for the Downtown site that they now occupy will offer a
reasonable possibility for survival of the lumber industry in the City and that the participation in the
economic viability of that industry as contemplated in this Agreement is in the best interest of the City
and its residents.
1.6. The parties to this Agreement concur in the findings expressed in this section.
1.7. Definitions. For the purposes of this Agreement the terms defined in this section have the
meanings given them.
a) "City" means the City of Stillwater, Minnesota.
b)
"UBC" means Lanoga Corporation, a Delaware corporation, 17946 NE 65th Street,
Redmond, Washington 98052, with Minnesota offices at 125 West Fifth Street, Winona,
Minnesota 55987-5550, its successors and assigns.
c) "Downtown Site" means and includes (i) the "Office and Warehouse Site" at 301 South
Second Street described in Exhibit "A" and (ii) the "Yard Site" located on the west side
of South Second Street at Nelson, described in Exhibit "B", all of which will be traded
to the City for the New Site.
-
d) "New Site" means the land comprising the facility to be purchased by the City upon
which the City will construct the new facility that will be traded by the City to UBC for
the Downtown Site and described in the attached Exhibit "C" and Exhibit "C" (1).
e) "Guarantee Agreement" means the guarantee given by UBC to the City described in
Exhibit "D".
f) "Development Agreement" means the Agreement between the City and UBC dated
, relating to tax increment assistance to UBC from the City, attached
hereto as Exhibit "E".
g) "Assessment Agreement" means Exhibit "B" to the Development Agreement, dated
, by which the minimum market value of the New Site is fixed for the
purpose of real property tax payments on the New Site.
h) "NSP" means Northern States Power Company, a Minnesota corporation, purchaser of
2
-
-i
, ,
e
i)
the Yard Site from the City as described in Exhibit "P".
"St. Croix" means St. Croix Catering, Inc., a Minnesota corporation, purchaser of Office
and Warehouse Site described in Exhibit "G".
j) "Pauley" means William J. Pauley and Violet E. Kern, owners of the vacant land in the
Stillwater Industrial Park that will be purchased by the City and upon which the New Site
will be constructed as described in Exhibit "H".
k)
1.8.
Agreement.
a)
b)
c)
d)
e)
e {)
g)
h)
e
Terms defined in other sections of this Agreement have the meanings given them by those
sections.
Exhibits. The following exhibits are attached to and by reference made a part of this
Exhibit" A": Legal description of Office and Warehouse Site
Exhibit "B": Legal description of Yard Site
Exhibit "C": Legal description of New Site
Exhibit "D": Guarantee Agreement
Exhibit "E": Development Agreement
Exhibit "P": Purchase and Sale Agreement between the City and NSP for the Yard Site
Exhibit "G": Purchase and Sale Agreement between the City and St. Croix for the
Office and Warehouse Site
Exhibit "H": Purchase and Sale Agreement between the City and William 1. Pauley, et
al. for the Pauley Site
1.9. Rules of Inteqlretation.
a)
This Agreement is to be interpreted in accordance with and governed by the laws of the
State of Minnesota, including but not limited to Minnesota Statutes, Chapter 645.
b)
The words "herein" and "hereof' and words of similar import, without reference to any
particular section or subdivision refer to this Agreement as a whole rather than any
particular section or subdivision hereof.
c)
References herein to any particular section or subdivision hereof are to the section or
subdivision of this Agreement as originally executed.
d)
Titles of the several parts, articles and sections of this Agreement are inserted for
convenience and reference only and are to be disregarded in construing or interpreting
its provisions.
3
ARTICLE II
Representations and Undertakings
e
2.1. By the City. The City makes the following representations as the basis for its undertakings
in this Agreement:
a) The City is authorized by law and its charter to enter into this Agreement and to carry
out its obligations hereunder;
b) The activities of the City contemplated by this Agreement are undertaken for the purpose
of stimulating economic development and employment opportunities in the City.
c) The City will cooperate with UBC with respect to any litigation, other than litigation to
which the City and UBC are adverse parties, but the City is not obligated to incur the
costs of legal counselor experts in connection with such litigation.
Nothing in this section is to be construed as a representation by the City (i) that the public
assistance together with any other funds of UBC will be adequate to properly capitalize UBC for its
intended operations at the New Site or for any other purpose or (ii) that the City has made or makes by
this Agreement any judgment or offers any opinion to the creditworthiness of UBC for the purposes of
UBC's debt financing or equity financing or for any purpose other than carrying out the City's legally
authorized power to stimulate economic development and create employment opportunities in the City.
2.2. By UBC. UBC makes the following representations as a basis for its undertakings under
this Agreement: e
a) UBC has the legal authority and has been authorized by appropriate action of its Board
of Directors to enter into this Agreement and to carry out its obligations hereunder.
b) UBC has applied or will apply for and obtain in a timely manner all required permits,
licenses and approvals necessary for the conduct of its activities atthe New Site so as to
be fully able under local, state and federal laws to begin its operations on the Date of
Closing as defined in this Agreement or as soon thereafter as is reasonably practicable.
c) UBC has made the necessary financial arrangements to enable it to enable UBC to
purchase necessary equipment to operate at the New Site as contemplated by this
Agreement.
d) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a
breach of, the terms, conditions or provisions of any corporate restriction or any
evidences of indebtedness, agreement or instrument of whatever nature to which UBC
is now a party or by which UBC is bound, or constitutes a default under any of the
foregoing.
4
e
e
-
e
ARTICLE ill
Exchange
3.1. Subject to the terms and conditions of this Agreement, UBC shall convey to the City and
the City shall acquire and accept from UBC that real property described in Exhibits" A" and "B",
consisting of approximately 1.03 acres, together with all improvements thereon and all rights, privileges,
easements, and licenses relating thereto (the "Downtown Site"), and the City shall convey to UBC and
UBC shall acquire and accept from the City the New Site to be acquired by the City described on
attached Exhibit "C" and the improvements to be constructed thereon as described in Section 2.2 and set
forth in Exhibit "C" (1), together with all rights, privileges, easements, and licenses relating thereto (the
"New Site").
3.2. The parties intend that the transaction entered into pursuant to this Agreement shall
constitute and be treated as a tax free exchange under Section 1031 of the Internal Revenue Code of 1986,
as amended. UBC is unwilling to sell its property for cash and has consented to convey its property only
as part of a like-kind simultaneous exchange. Accordingly, the City agrees to cooperate in effecting a
qualifying lilee-kind exchange. Notwithstanding the foregoing, and except as set forth in Section 3.1.
herein, the City shall not be required to take title to any property other than the Downtown Site and
makes no representations or warranties regarding the availability of like-kind exchange treatment for this
transaction. Regardless of other terms herein, the City shall not be obligated to assume any recourse
obligation to third parties resulting from construction of the Improvements.
3.3. Unless a later date is agreed to in writing by both parties, each party shall deliver one (1)
copy of the following to the other party or its agents within thirty (30) days following the execution of
this Agreement by both UBC and the City:
a) A complete Abstract of Title or Registered Property Abstract to the property to be
conveyed by that party, including, without limitation, all appropriate name searches,
continued to a current date.
b) A current "as built" survey of the property to be conveyed by that party, the survey to
be by a licensed surveyor or engineer.
ARTICLE IV
Consideration. Payment and Closin~ Documents
and Conditions Precedent
4.1. Exchange Consideration. In exchange for the New Site, UBC shall convey at the Closing
the Downtown Site to the City and shall assume in writing all liability for the debt(s) incurred by the City
in the design and construction and other out-of-pocket expenses related to the Improvements, as defined
herein, which exceeds $404,000.00 and shall grant a release of the City from any liability or claims
related to the liabilities assumed by UBC. In exchange for the Downtown Site, the City shall convey at
the Closing the New Site.h
4.2. Improvements ConstructionlIndeninification. Prior to Closing, a United Building Center
store, along with any necessary accessory structures and site improvements as described on Exhibit "C"
5
(1) ("Improvements") shall be constructed on the New Site. The Improvements shall be constructed in
the name of an shall be owned by the City until the closing of this exchange. To the extend of the
liabilities to be assumed by UBC in Section 4.1., UBC agrees to defend, indemnify and hold harmless tit
the City from any liability whatsoever that the City incurs as a result of the City's participation in
contracting for the design and completion of the construction of the Improvements. The construction
contract and construction managers agreement and starting date shall be approved by UBC prior to the
start of construction. Construction of the Improvements shall not commence until after the contingencies
of Section 4.5. are satisfied for both the Downtown Site and the New Site; however, construction of the
Improvements will commence no later than November 15, 1994, or such later date as is agreed to in
writing by the parties (the "Starting Date"). Failure by a party to satisfy a contingency contained in
Section 4.5. by the Starting Date shall be a default by that party under this Agreement. UBC shall
provide the necessary design plans in a timely manner to allow construction of the Improvements to be
commenced according to the terms of this Section. Upon start of construction, UBC shall be deemed to
have waived any contingency to performing its duties hereunder.
4.3. Transfer of Consideration. The consideration set forth in Paragraph 4.1. shall be transferred
and evidenced as follows:
a)
Upon the execution of this Agreement by both UBC and the City, each party shall deposit
in escrow with the other party $5,000.00 (the "Deposit"). In the event the exchange of
the properties described in Section 3.1. as contemplated hereunder is consummated or not
consummated because of the failure of any condition or any other reason, except a default
under this Agreement on the part of one of the parties hereto, each Deposit shall
immediately be paid to the depositing party without interest. If the exchange is not
consummated because of a default under this Agreement on the part of one of the parties
hereto, both Deposits shall be paid to and retained by the nondefaulting party as
liquidated damages.
-
b) Subject to the written approval or written waiver of the conditions precedent set forth in
Paragraph 4.5., the Closing of this Agreement shall occur at Stillwater City Hall, 214
North Fourth Street, Stillwater, Minnesota 55082 on or before the date which is thirty
(30) days after the completion of construction of the Improvements referred to in Section
4.2.; provided that Closing shall occur at such earlier date which is agreed to by the
parties. The term "Closing Date", as used herein, shall be deemed to be the date upon
which the parties each accept a marked-up title commitment from a title company by
executing or initialing a copy thereof in conjunction with, and on the same date as, the
transfer to the respective parties of all other documents and funds. However, provided
the construction of the Improvements commence on or before November 15, 1994, the
Closing Date shall be no later than December 31, 1995, unless the City shall consent in
writing to a later date. All prorations and adjustments shall be effected as of midnight
of the day preceding the Closing Date, unless otherwise mutually agreed to by the parties
(" Adjustment Date").
4.4.1. Closing. The Conveying Party shall prepare and deliver at Closing in form reasonably
acceptable to the Acquiring Party's counsel (unless otherwise provided):
a) For the Office and Warehouse Site and for the New Site, a Warranty Deed ("Deed"),
without any exceptions, duly executed and acknowledged, which conveys the property
6
e
e
to the Acquiring Party, along with any documents, including a Seller's Affidavit,
necessary to record the deed; for the Yard Site, a Limited Warranty Deed, excepting only
a warranty that the property is free from hazardous substances, duly executed and
acknowledged, which conveys the property to the Acquiring Party along with any
documents, including a Seller's Affidavit necessary to record the deed.
b)
Affidavit from Conveying Party stating: (i) its United States taxpayer identification
number for federal income tax purposes; and (ii) it is not a "foreign person" withi,n the
meaning of ~ 1445, et~, of the Internal Revenue Code of 1986, as amended.
c)
Any other documents necessary to consummate the exchange, including any requirements
of the title company responsible for closing the transaction;
d)
An opinion of counsel addressed to Acquiring Party opining that this Agreement and the
deed delivered by Conveying Party were duly authorized, executed, and delivered and
constitute the binding obligations of Conveying Party, enforceable according to their
terms; and
e)
An undertaking from UBC to the City that it will commence operation of a UBC retail
outlet at the New Site within 2 months of the Closing Date.
4.4.2. During the pendency of this Agreement and as a condition of Closing, each party shall
maintain the Property in good repair.
e
4.4.3. Each party shall deliver an perform at Closing the items and actions set forth in Paragraph
4.1. above.
4.5. Conditions Precedent. The following shall be conditions precedent ~o each party's
obligations hereunder:
e
a)
Representations and warranties contained herein are true and correct as of the Closing
Date and the Conveying Party shall have performed its covenants _contained herein;
bY
The Acquiring Party must be able to procure a commitment for an ALTA Owner's Policy
of Title Insurance from a title company in the amount of the consideration being paid or
transferred by the Acquiring Party, free and clear of all matters, encumbrances and
survey exceptions. In the event any exceptions shall show (or purport to be shown) in
the Policy of Title Insurance if the same results from any voluntary action by the
Conveying Party, or if the same may be removed solely by payment of money, the
Conveying Party shall cause such exceptions to be removed. With regard to any other
additional exceptions, if the Conveying Party fails to remove the same within the time
allowed for Closing, the Acquiring Party shall have the right to terminate this Agreement
as the Acquiring Party's sole and exclusive remedy, and any deposit made herein shall
be returned to the Acquiring Party by the Conveying Party in full, and the Conveying
Party agrees to pay any escrow and title cancellation fees in connection therewith.
c)
On or before Closing, the Acquiring Party shall have obtained the financing necessary
to carry out this exchange, from whatever source, and satisfied all conditions relating to
7
the financing, and, in the case of the City's acquisition of the New Site, the City shall
have obtained the financing necessary for the improvements on the New Site as planned tit
by the City; and
d) The condition of the Property as reflected in any environmental report shall be acceptable
to the Acquiring Party in its sole discretion.
e) The City shall have an executed and binding Purchase and Sale Agreement along with
adequate assurances of performance by the Seller for the purchase from Pauley of the
New Site.
t) The City shall have an executed and binding contract along with adequate assurances of
performance with a construction manager for the construction of the Improvements to be
performed by the City.
g) The City shall have an executed and binding contract along with adequate assurances of
performance of the Buyer for the re-sale of the Office and Warehouse Site to St. Croix.
h) The City shall have an executed and binding contract along with adequate assurances of
performance for the re-sale of the Yard Site to NSP.
If the preceding conditions (a) through (h) are not satisfied on or before the Starting Date,
this Agreement shall be null and void unless the parties mutually agree otherwise in writing and the
nondefaulting party shall be entitled to a refund of its entire earnest money deposit from the defaulting
party, and neither party shall have any liability to the other, except as set forth in Section 4.3.
4.6. InsurancelEminent Domain. If, before legal title or the possession of the Property has been
transferred to the Acquiring Party, any portion of the Property is taken be eminent domain by any
governmental entity, then the Acquiring Party shall have the option to either (i) terminate this Agreement,
and all documents and monies delivered hereunder shall be returned to the party which had delivered any
such documents or monies, or (ii) proceed with the acquisition of the Property, in which case, Conveying
Party shall assign to Acquiring Party any amounts due from any governmental eI~.tity as a result of the
taking. The City shall insure the Improvements on the New Site during construction and thereafter until
conveyance to UBC. In the case of damage to the Improvements prior to conveyance to UBC, the City
shall apply insurance proceeds to repair the damage.
-
4.7. UtilitieslReal Estate Taxesl Assessments. Final readings and final billings for utilities will
be made if possible as of the Adjustment Date. The Conveying Party shall pay all outstanding amounts
due on the Property being conveyed as of such time, except that UBC shall be responsible for new site
from the date construction commences on said property. The Conveying Party shall also be entitled to
any applicable refunds of security deposits with any utility companies. If final readings and billings
cannot be obtained as of Closing, the final bills when received shall be prorated based upon the number
of days the Conveying Party owned the property in the fmal billing period.
Pending or levied special assessments due and payable in the year of Closing and future
years and all other current expenses of operation of the property being conveyed shall be paid by the
conveying party. The Conveying Party shall pay all real estate taxes on the property being conveyed due
in the year of Closing and prior years.
8
e
ARTICLE V
e
Warranties
5.1. The Conveying Party's Warranties. Etc. The Conveying Party hereby represents, warrants
and covenants (which warranties, representations and covenants shall survive the Closing Date) that, as
of the date of this Agreement and as of the Closing Date, the following are true and correct:
5.1.1. The Conveying Party has full power and authority to enter into and perform this
Agreement in accordance with its terms;
5.1.2. The Conveying Party has, or will prior to the Closing acquire,good, insurable and
marketable title in fee simple to all of the property being conveyed by it pursuant to this Agreement;
5.1.3. The Conveying Party has not received any notice or communication from any
governmental entity indicating that a condition exists with respect to the property being conveyed by it
or with respect to the improvements thereon which violates any city, county, state or federal law,
ordinance, regulation, or code;
5.1.4. The property being conveyed by it is not subject to any outstanding agreements(s) of sale,
options(s) or other right(s) of third parties to acquire any interest therein; except as set forth in this
agreement;
e
5.1.5. There is no litigation or proceeding pending or, to the Conveying Party's knowledge,
threatened against or relating to any of the property being conveyed by it, nor does the Conveying Party
know or have reasonable grounds to know of any basis for any such action, and the Conveying Party
hereby agrees to indemnify the Acquiring Party,hold it harmless, and protect and defend it from and
against any and all claims, demands, damages,losses, liens, liabilities, actions, causes of action, and other
proceedings of any nature, together with all costs and expenses thereof (including, without limitation,
reasonable attorney's fees and court costs) resulting directly or indirectly in any manner from such
litigation (except the HRA shall not be responsible for any action, claim, lien, etc. for which L.N. has
agreed to indemnify HRA under Section 2.2.);
5.1.6. There are no substances located, stores, used or disposed of on the property being
conveyed which are listed as "hazardous" or "toxic" in the Comprehensive Environmental Response
Compensation Act, 42 USC ~ 9601, ~~, the Resource Conservation Recovery Act, 42 USC ~ 6901,
et seq., or any other federal, state or local law regulating toxic or hazardous substances or any petroleum,
including crude oil or any fraction thereof, natural gas or synthetic gases; and to the best of the
Conveying Part's knowledge, there have been no such substances on the property being conveyed; except
for the substances known to exist on the yard site and that are in the process of remediation by NSP
according to the remediation plan approved by the Minnesota PCA;
5.1.7. To the best of the Conveying Party's knowledge and belief, there are no off-record
agreements relating to entrances, exits, access and service roads affecting the property being conveyed;
5.1.8. The Conveying Party is not a "foreign person" within the meaning of ~ 1445, et seq., of
the Internal Revenue Code of 1986, as amended; and
e
9
5.1.9. The property being conveyed contains no wells or underground storage tanks to the best
knowledge and belief of Conveying Party.
e
ARTICLE VI
Defaults: Remedies
6.1. Events of Default Defined. The following are Events of Default under this Agreement and
the term means whenever it is used in this Agreement, unless the context otherwise provides, anyone
or more of the following events:
a) Failure by the City or UBC to observe and substantially perform any covenant, condition,
obligation or agreement on their part to be observed or performed hereunder, continues
uncured for 30 days after written' notice to UBC as provided in this Agreement;
b) UBC admits in writing its inability to pay its debts generally as they become due, or files
a petition in bankruptcy, or makes an assignment or the benefit of its credits, or consents
to the appointment of a receiver of itself or of the whole or any substantial part of the
Downtown Site or the Company Site;
c) UBC as defined in this agreement, files a petition under the federal bankruptcy laws;
d)
UBC, on a petition in bankruptcy filed against it, is adjudicated a bankrupt, or a court
of competent jurisdiction enters an order of decree appointing, without the consent of
UBC, a receiver of UBC or of the whole or substantially all of its property; or approves
a petition filed against the UBC seeking reorganization or arrangement of UBC under the
federal bankruptcy laws, and such adjudication, order or decree is not vacated or set
aside or stayed within 60 days from the date of entry thereof;
-
e) If UBC is in default under any mortgage of the Downtown Site and the mortgagee has
accelerated the payment of the underlying obligation following any notice and lapse of
any applicable cure period;
t) An Event of Default occurs under the Development Agreement;
g) An Event of Default occurs under the Assessment; or
h) A material representation made by UBC in this Agreement proves to be untrue in any
material respect when made.
6.2. Remedies on Default. When an Event of Default occurs, the City may, in addition to any
other remedies or rights given the City under this Agreement take anyone or more of the following
actions:
a) Suspend its performance under this Agreement until it receives assurances from UBC as
the case may be, deemed reasonably adequate by the City, that it will cure the default and
continue their performance under this Agreement;
10
e
e
e
e
b) Cancel and rescind or terminate this Agreement;
c)
Take whatever action at law or in equity may appear necessary or desirable to the City
to collect any payments due under this Agreement, or to enforce performance and
observance of any obligation, agreement, or covenant of the Company under this
Agreement.
6.3. No Remedy Exclusive. A remedy herein conferred upon or reserved to the City is not
intended to be exclusive of any other available remedy or remedies, but each and every such remedy is
cumulative and is in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. A delay or omission to exercise any right or power accruing
upon any default does not impair any such right and power may be exercised from time to time and as
often as may be deemed expedient. In order to entitle the City or the Company to exercise any remedy
reserved to them, it is not necessary to give notice, other than the notice required in this Article VI.
6.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in
this Agreement should be breached by a party and thereafter waived by another party, such waiver is
limited to the particular breach so waived and may not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
ARTICLE VII
Miscellaneous
7.1. Conflict of Interests: Representatives Not individually Liable. A City officer who is
authorized to take part in any manner in making this Agreement in his or her official capacity may
voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. A
member, official, or employee of the City will not be personally liable to UBC, or any successor in
interest, in the event of any default or breach by the City or for any amount which may become due to
UBC or successor or on any obligations under the terms of this Agreement.
7.2. Agreement Recorded. This Agreement runs with the Downtown ~ite and the New Site
recorded by the City in the Office of the Washington County Recorder.
7.3. Non-Discrimination. The provisions of Minnesota Statutes, section 181.59, which relate
to civil rights and non-discrimination, and any affirmative action program of the City are a part of this
Agreement and binding on UBC as though fully set forth herein.
7.4. Amendment. This Agreement may be amended by the parties only by written instrument
executed in accordance with the same procedures and formality followed for the execution of this
Agreement.
7.5. Counterparts. This Agreement may be executed in any number of counterparts, each of
which will constitute one and the same instrument.
7.6. Governin~ Law. This Agreement is governed by the Law of the State of Minnesota.
7.7. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice,
11
demand or other communication under this Agreement by any party to any other party will be sufficiently
given or delivered if it is sent by certified or registered mail, postage prepaid, return receipt requested
or delivered personally or sent by telecopier or telex: e
a)
As to the City:
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
Attn: Nile Kriesel, Coordinator
b)
As to UBC:
Lanoga Corporation, a Delaware Corporation
125 West Fifth Street
Winona, MN 55987-5550
Attn: Dale Kukowski, Vice-President
c)
Lanoga Corporation, a Delaware Corporation
17946 NE 65th Street
Redmond, W A 98052
7.8. Waiver: Integration.
a) Nothing in this Agreement or in the Company Note or Security Agreement may be
changed without the City's written permission, which permission may not be
unreasonably withheld or delayed.
b)
This Agreement takes the place of any previous written or oral communication between
the City and UBC with regard to this Agreement.
-
IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of
September, 1994.
LANOGA CORPORATION
THE CITY OF STILL WATER
By
Its
Charles M. Hooley, Its Mayor
and
By
Its
Modi Weldon, Its Clerk
12
e
e
e
e
SCHEDULE "A"
DESCRIPTION OF PROPERTY
Legal for Pauley
EXHIBIT "B"
ASSESSMENT AGREEMENT
e
AND
ASSESSOR'S CERTIFICATE
BETWEEN
THE CITY OF STILLWATER, MINNESOTA
AND
LANOGA CORPORATION
COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON
e
Drafted by:
David T. Magnuson, #66400
MAGNUSON LAW FIRM
The Grand Garage & Gallery
324 South Main Street, Suite 260
P.O. Box 438
Stillwater, MN 55082
(612) 439-9464
e
ASSESSMENT AGREEMENT
e
THIS AGREEMENT, made on or as of the _ day of , 1994, between The City of
Stillwater, Minnesota, a municipal corporation (the "City"), Lanoga Corporation, (the "Redeveloper"),
and the County Assessor of the County of Washington (the" Assessor").
WITNESSETH, that
WHEREAS, on or before the date hereof, the City and Redeveloper have entered into a Contract
for Private Redevelopment for the real property located in the City of Stillwater, hereinafter referred to
as the "Redevelopment Property" and legally described in Schedule "A"; and
WHEREAS, it is contemplated that pursuant to the Redevelopment Contract the Redeveloper will
construct a lumber distributing building upon the Redevelopment Property (the "Minimum
Improvements "); and
WHEREAS, the City and Redeveloper desire to establish a mmIInum market value for
Redevelopment Property and the Minimum Improvements to be constructed thereon, pursuant to
Minnesota Statutes, Section 469.177, Subdivision 8; and
WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications
for the Minimum Improvements which it is contemplated will be erected;
e
NOW THEREFORE, the parties to this Agreement, in consideration of the promises, covenants
and agreements made by each to the other, do hereby agree as follows:
1. That the market value of the vacant real estate before any improvements according to the
1994 assessment is $
2. Upon substantial completion of construction of the above-referenced
Minimum Improvements by the Redeveloper, as evidenced by the delivery to the
Redeveloper from the City of the Certificate of Completion (as defined in the
Redevelopment Contract), the minimum market value which shall be assessed for the
Redevelopment Property described in Schedule A, with the Minimum Improvements
constructed thereon, for ad valorem tax Schedule A, with the Minimum Improvements
constructed thereon, for ad valorem tax purposes, shall be $ . The parties to
this Agreement expect that the construction of the Minimum Improvements will be
substantially completed on or before December 31, 1995.
2. The minimum market value shall be of no further force and effect and this Agreement
shall terminate on the date when the Redevelopment Contract either expires or terminates.
3. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the
Redeveloper with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set forth
in Schedule B hereto. The Redeveloper shall pay all costs of recording.
4.
Neither the preambles nor provisions of this Agreement are intended to, nor shall they
be construed as, modifying the terms of the Redevelopment Contract between the City
and the Redeveloper.
e
5. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
e
6. This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
THE CITY OF STILLWATER, MINNESOTA
By:
Charles M. Hooley, Its Mayor
By:
Morli Weldon, Its Clerk
REDEVELOPER
By:
Dale Kukowski, Vice-President
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
e
On this _ day of , 1994 before me, a Notary Public within and for said
County, personally appeared Charles M. Hooley and Morli Weldon, to me personally known, who, being
by me duly sworn, did say that they are the Mayor and Ci~ Clerk of the City of Stillwater, that said
instrument was signed on behalf of said Ci~ by authority of its Council; and said~ayor and Ci~ Clerk
acknowledged said instrument to be the free act and deed of said City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _ day of , 1994, a Notary Public within and for said County,
personally appeared Dale J{ukowski, Vice-President of Lanoga Corporation, a Delaware Corporation, to
me personally known, who, being duly sworn, did say that he is the Redeveloper, that said instrument
was signed on behalf of said Redeveloper acknowledged said instrument to be the free act and deed of
the Redeveloper.
Notary Public
e
e
e
e
EXHmIT "C"
CERTIFICATE OF COMPLETION
WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into
a certain Contract for Private Redevelopment with Lanoga Corporation, a Delaware Corporation, (the
"Redeveloper"), dated as , 1994, (the" Agreement) and recorded in the Office of the County
Recorder or the Registrar of Titles in and for the County of Washington and State of Minnesota, as
Document Number , which provided for the development of the following land
described in Schedule "A" in the County of Washington and the State of Minnesota, to-wit (such tract
or parcel of land hereinafter referred to ~ the "Property"),
NOW THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Redeveloper have been completed.
Dated this _ day of
,1995.
THE CITY OF STILL WATER
By:
Charles M. Hooley, Its Mayor
By:
Modi Weldon, Its Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _ day of ,1994, before me, a Notary Public within and for said County,
personally appeared Charles M. Hooley and Morli Weldon, to me personally known, who, being by me
duly sworn, did say that they are the Mayor and City Clerk of the City of Stillwater, that the instrument
was signed on behalf of Stillwater, that the instrument was signed on behalf of the City by authority of
its Council; and the Mayor and City Clerk acknowledged the instrument to be the free act and deed of
the City.
Notary Public
EXHIBIT "0"
REDEVELOPER'S STATEMENT OF ELIGIBLE COSTS
e
e
e
e
EXHmIT "E"
CONTRACT FOR PRIVATE REDEVELOPMENT
THIS AGREEMENT, made this _ day of , 1994, between the CITY OF
STILL WATER (" City"), a Home Rule Charter City of the Third Class, having its office at City Hall,
216 North Fourth Street, Stillwater, Minnesota, and LANOGA CORPORATION, a Delaware
Corporation, ("Redeveloper"), 17946 NE 65th Street, Redmond, W A 98052, with a Minnesota Office
at 125 West Fifth Street, Winona, MN 55987-5550.
I.
STATEMENT OF AUTHORITY AND PUBLIC PURPOSE
1.1 AUTHORITY. The City has authority pursuant to the Minnesota Tax Increment Financing
Act, found in ~469 .174 to ~469 .179 of the Statues of Minnesota as amended, to fmance certain eligible
costs with tax increment revenues derived from tax increment finance districts established pursuant to the
e Minnesota Ci~ Development District Act, found in ~169.124 through ~169:134 of the Statutes of
Minnesota as amended.
1.2 PUBLIC PURPOSE. The public purpose that is furthered by this Agreement is the
improvement of the tax base and the tax revenue generation capacity of the City, the increased
employment opportunities within the City, the realization of comprehensive planning goals contained in
the Comprehensive Plan, and the revitalization of property to create an attractive and efficient area for
housing, commercial development and other related uses.
1.3 "BUT FOR" AND OTHER SPECIAL FINDINGS. That the property owned by the
Redeveloper and proposed for development ("the Redevelopment Area") is located within Tax Increment
Financing District No.1, established on December 12, 1985, and modified February 21, 1989, to adopt
a project and a project area, a portion of which was intended for municipal industrial development as
defined in Minnesota Statutes Chapter 469, as amended and, any other similar present or future federal,
e
1
state or municipal legislation. That the Redevelopment area was a part of the original project but has
remained undeveloped since the adoption of the program and the Council finds that the development
e
proposed by the Redeveloper qualifies for tax increment assistance and that because of extraordinary costs
associated with site acquisition site development, soil corrections, drainage improvements, landscaping
costs and costs of installation of utilities, roads, sidewalks and parking facilities, the project would not
occur without the Tax Increment assistance provided by this Agreement.
ll.
DEFINITIONS
2.1 In this Agreement, the following definitions will be used:
"Available Tax Increments" are those tax increments received in the six months prior to a
Scheduled Payment Date with respect to the Redevelopment Property.
"Certificate of Completion" means the certification, in the form of the certificate contained in
Exhibit "C" attached and made a part of this Agr~ement.
"Construction Plans" means the plans, specifications, drawings and related documents of the _
construction work to be performed by the Redeveloper on the redevelopment property. .
"Estimated Market Value" or "Estimated Market Valuation" means the market value of the real
property as determined by the County Assessor of the County of Washington.
"Private Improvements" means the improvements described in this Agreement and set forth in
the plans that have been reviewed, approved and are on file in City offices.
"Project Area" means the real estate described in Tax Increment Financing District No.1.
"Redevelopment Area" means the real estate described in the attached Exhibit" A".
llI.
TAX INCREMENT PAYMENTS
3.1 The City agrees to pay to the Redeveloper a sum not to exceed $560,000.00 to be paid in
twenty eight (28) equal installments of $20,000.00, each payable on the first day of each September and
March commencing on September 1, 1997, and ending on September 1, 2010, (the "Scheduled Payment
Dates"), the amounts payable on the Scheduled Payment Dates being the scheduled payment. The City
2
e
e
e
e
shall have no obligation to make any schedule payment unless the Redeveloper has received or is entitled
to receive by December 31, 1995, a certificate of completion.
3.2 Each payment shall be made by check or draft made payable to the Redeveloper and mailed
to the Redeveloper at 125 West Fifth Street, Winona Minnesota 55987-5550. The Redeveloper may
designate different addresses to which the payment shall be sent.
3.3 The scheduled payments due on any Scheduled Payment Date is payable solely from and only
to the extent that the City shall have received, as of the Scheduled Payment Date, available tax
increments .
3.4 The City shall pay on each Scheduled Payment Date the lesser of the available tax increments
or the total scheduled payments due on that date.
3.5 This obligation shall not be payable from or constitute a charge upon any funds of the City
and the City shall not be subject to any liability or be deemed to have obligated itself to pay from any
funds except the available tax increment.
3.6 The Redeveloper shall never have or be deemed to have the right to compel any exercise of
any taxing power of the City and neither any Council member, officer, employee or agent of the City
shall be personally liable for the payment of any funds.
IV.
REDEVELOPER ACTION
4.1 The Redeveloper shall construct or shall cause to be constructed on the Redevelopment
Property a Lumber Distributing Center as described in an Agreement for Municipal Industrial
Development dated , 1994.
4.2 That the value of the vacant real estate before construction of the Redeveloper's project
according to the 1994 Washington County Assessment is $
4.3 The estimated market value of the Redeveloper's completed project according to the
3
Washington County Assessor is estimated to be $
a building value of $
, representing a land value of $
and
e
v.
ELIGmLE COSTS
5.1 The Redeveloper has provided to the City assurances satisfactory to the City that the tax
increment funds being paid to the Redeveloper are for the reimbursement of costs incurred by the
Redeveloper that are legally permissible and qualifying costs and are eligible for reimbursement by the
City pursuant to the Minnesota Tax Increment Financing Act.
5.2 The Redeveloper's statement of eligible costs dated , 1994, is attached as Exhibit
"D".
VI.
NOT FOR SPECULA nON
6.1 The Redeveloper promises to the City that this project is not being built for speculation.
Vll.
CONDITIONS PRECEDENT TO CITY RESPONSIBILITY
7.1 The responsibility to provide the tax increment fmancing assistance set forth in this
Agreement is contingent upon the happening of the following events:
A. Approval of the Redeveloper's constructions plans by the Stillwater Building Official,
the Stillwater Community Development Director and, if required, pursuant to Stillwater
Ordinances, the approval of the development plans by the Planning Commission or the City
Council.
B. The granting by the city to the Redeveloper a certificate of completion of the project
without any substantial deviation from the plans on file with the City, in the form attached as
Exhibit "C".
e
4
'e
e
VIII.
8.1 Execution by the Redeveloper of an Assessment Agreement substantially in the form of
assessment agreement contained in Exhibit "B".
IX.
GENERAL PROVISIONS
9.1 SUBORDINATION. The City agrees to subordinate its rights under this Agreement to the
holder of any first mortgage on the property.
9.2 NOTICES SHALL BE GIVEN BY U.S. MAIL OR PERSONALLY DELIVERED. In the
case of the Redeveloper, to be addressed to or delivered personally at 17946 NE 65th Street, Redmond,
W A 98052, with a Minnesota office at 125 West Fifth Street, Winona, Minnesota 55987-5550, and in
the case of the City, addressed to or delivered personally to the City Coordinator of the City, City Hall,
216 North Fourth Street, Stillwater, Minnesota. Each party may, by notice to the other, designate
different addresses.
e
x.
EVENTS OF DEFAULT
10.1 The following shall be events of default:
A. Failure by the Redeveloper to pay, when due, any real estate taxes and special
assessments duly levied by the appropriate taxing jurisdictions in an amount based upon the
market value of at least the amounts set forth in the Assessment Agreement.
B. Failure by the Redeveloper to complete construction of the improvements pursuant
to the terms and conditions of this Agreement.
C. Failure to satisfy any condition precedent set forth in Article vn. of this Agreement.
XI.
REMEDIES ON DEFAULT
e
5
11. 1 When an event of default occurs, the City may take one or more of the following actions:
A. Suspend its performance under this Agreement until it receives assurances from the
Redeveloper that it will cure the default and continue its performance under the Agreement.
B. Withhold the Certificate of Completion.
C. Withhold any scheduled tax increment payments.
D. Terminate this Agreement thereby rendering void any covenants, promises or
approvals contained in this Agreement, including the payment of future installments of tax
increments .
E. Take whatever action, including legal, equitable or administrative necessary to protect
the City, including the right of the City to collect any unpaid public costs associated with the
project by certifying the total of the costs in the year in which they are due to the County Auditor
for collection with the real estate taxes.
XII.
EXPIRATION DATE
12.1 This Agreement shall expire upon an event of default as defmed in this Agreement, or if
all conditions precedent to City's responsibility pursuant to this Agreement have not been substantially
completed within two (2) years from the effective date of this Agreement, or upon the final payment to
the Redeveloper of the scheduled tax increment payments, whichever occurs first.
XIII.
EFFECTIVE DATE
13.1 This Agreement shall be effective , 1994.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate
name by its duly authorized officers and sealed with its corporate seal. The Redeveloper has executed
this Agreement the day and year first above written.
6
-,
e
_
e
tit
e
CITY OF STILLWATER
Charles M. Hooley, its Mayor
Morli Weldon, its City Clerk
REDEVELOPER
Dale Kukowski, Vice-President
7
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
e
On this _ day of , 1994, before me, a Notary Public within and for said County,
appeared Charles M. Hooley and Morli Weldon, to me personally known who, being duly sworn, did
say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument
was signed as the free act and deed of the Ci~ of Stillwater, Minnesota, a Minnesota municipal
corporation.
Notary Public
ST ATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _ day of , 1994, before me, a Notary Public within and for said County,
appeared Dale Kukowski, Vice-President of Lanoga Corporation a Delaware Corporation, to me -
personally known who, being duly sworn, did say that he is the individual named in the foregoing -
instrument and that this instrument was signed as his free act and deed.
Notary Public
This instrument was drafted by:
David T. Magnuson #66400
MAGNUSON LAW FIRM
The Grand Garage & Gallery
324 South Main Street, Suite 260
P.O. Box 438
Stillwater, MN 55082
(612) 439-9464
8
e
e
e
; e
. ,
EXHIBIT "F"
SALE AND PURCHASE OF PROPERTY
THIS AGREEMENT, made and entered into this _ day of ,1994, by and
between NORTHERN STATES POWER COMPANY, with an address of .
Minnesota (hereinafter referred to as "Buyer"), and THE CITY OF STll..LWATER. with an address of
216 North Fourth Street. Stillwater, Minnesota 55082 (hereinafter referred to as "Seller").
RECITALS
WHEREAS, Buyer desires to purchase and accept from Seller, and Seller desires to sell and
convey to Buyer, certain real property, together with all improvements located thereon which are owned
by Seller, sit\1ated in the City of Stillwater, County of Washington, State of Minnesota. all on the terms
and conditions set forth herein;
NOW, THEREFORE, in consideration of the terms, covenants, warranties, and conditions
hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows:
1. Sale and Purchase of Property. Subject to the terms and conditions of this Agreement, Seller
shall sell, transfer and assign and deliver to Buyer on the Closing Date, as such date is hereinafter
defined, and Buyer agrees to purchase and accept from Seller on the Closing Date, and all improvements,
rights, interests, and appurtenance therein or thereto pertaining (hereinafter referred to as the "Real
Property").
2. Personal Property Included in the Sale. No items of personal property are included in this
sale.
3. Price and Terms. In consideration of the Seller's agreement to sell the Real Property, Buyer
agrees to pay to Seller as the full purchase price (the "Purchase Price") for the Real Property and
Personal Property the sum of $174,000.00 Dollars payable as follows:
,-
A. Earnest money of $100.00 Dollars ($100.00) by check, receipt of which is hereby
acknowledged.
B. The balance at closing by cash.
4. Possession. Buyer shall take possession of the Real Property on the Closing Date.
5. Closing. The closing for the transaction (the "Closing Date") contemplated by this Agreement
shall be held not later than ninety (90) days after execution of this agreement and satisfaction of all
contingencies of both Buyer and Seller as set forth in Paragraphs 9 and 10 of this Agreement by in no
event any later than December 31, 1995, unless extended by written agreement of the parties. The
closing shall take place at the offices of the City.
6. Marketable Title. Seller will have as of the Closing Date good and marketable title to the
Real Property. free and clear of all defects, liens, and encumbrances, except for the existing contaminants
1
, .
known to Buyer as revealed in the phase n Environmental Site assessment for the real property prepared
by A TEC Associates, Inc. on February 4, 1994.
Not later than forty-five (45) days prior to the Closing Date, Seller shall deliver to Buyer and
Abstract of Title or Registered Property Abstract to the Real Property (the" Abstract"), which Abstract
shall be properly certified to date, including proper searches covering bankruptcies, state and federal tax
liens, unpaid taxes, assessments, and pending assessments. Seller shall pay the cost of obtaining said
Abstract. Buyer shall be allowed twenty (20) days after the receipt of such Abstract to cause to have
issued a commitment for an owner's policy of title insurance, issued by a title insurance company duly
qualified to transact business in the State of Minnesota and acceptable to the Buyer's lender, if any,
indicating the Seller's ownersl1ip of the Real Property, subject to the exceptions of a standard ATLA form
owner's policy, but without further exceptions materially adversely affecting the marketability of title.
If the commitment contains any exceptions which materially and adversely affect the marketability of
Seller's title, Buyer shall make written objections to said exceptions to Seller, such objections to be made
within ten (10) days of delivery of the commitment or the same shall be deemed to have been waived.
Seller shall be allowed sixty (60) days thereafter to make such title marketable. Seller shall use its best
efforts to make the title marketable as expeditiously as possible. If such defects are cured within said
sixty (60) day period, Buyer shall be notified in writing of the curing of such defects, in which case each
party shall proceed to perform in accordance with the terms of this Agreement. If s;uch title is not
marketable and is not made so within the sixty (60) day period and Buyer does not waive the curing of
such defects, Buyer, upon written notice to Seller, may; but is not obligated to, undertake to cure and
remove all defects and encumbrances in the title to the Real Property; and Seller agrees to reimburse
Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred in connection with the
curing of such objection. If such title is not marketable and cannot be made marketable within such time
periods, this Agreement shall be voidable at Buyer's option, and all money paid by Buyer shall be
refunded forthwith to Buyer, but such refund shall not waive, release or alter any other claims or rights
of Buyer against Seller.
On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver
the following:
A. A Limited Warranty Deed for the Real Property in recordable form, subject to the
standard A TLA exceptions, and subject to an exception for hazardous substances.
B. A Well Certificate;
C. An Affidavit of Seller.
7. Real Estate Taxes and Soecial Assessments.
A. Real estate taxes due and payable in and for the year of closing shall be prorated between
Seller and Buyer on a calendar year basis to the actual Closing Date with the Seller to
be responsible for the Closing Date.
B. Seller shall payor release on the Closing Date the installments of special assessments
certified for payment with the real estate taxes due and payable in the year of closing and
prior years.
2
e
e
e
e
e
e
. .
C.
Seller shall payor release on the Closing Date all other special assessments payable with
the real estate taxes in future years.
D. Seller shall pay on the Closing Date any deferred real estate taxes, payment of which is
required as a result of the closing of this sale.
E. Buyer shall pay real estate taxes due and payable in the year following the Closing Date
and thereafter and any unpaid special assessments payable therewith ana thereafter, the
payment of which is not otherwise provided for in this agreement.
F. Seller warrants that the real estate taxes due and payable in the year 1994 and 1995 will
be non-homestead classification.
8. Representation and Warranties of Seller. Seller hereby represents and warrants as follows
to Buyer, such representations and warranties to be true and correct on the date thereof, and on the
Closing Date, that:
A. There are no service contracts, management contracts, or employment contracts
pertaining to the Real Property and the improvements located thereon.
B. To the best of Seller's knowledge, no order or requirement for repair, replacement, or
alteration to any improvement, system, or component of the Real Property issued by any
governmental authority has been received by Seller, except for notices or knowledge of
State or Federal Environmental notices.
C.
To the best of Seller's knowledge, there has been no change in any federal, state, or
municipal law or ordinance which would make any current use of the Real Property
unlawful.
D. Seller has paid for all work, supplies, and materials performed upon and supplied to the
Real Property through the date of closing.
E. To the best of Seller's knowledge, there exists no litigation affecting the Real Property.
F. To the best of Seller's knowledge, there is no condemnation proceedings pending with
respect to any part of the Real Property.
G. No party has an option to purchase all or any part of the Real Property.
H. To the best of Seller's knowledge, no action or proceeding instituted against Seller by any
tenant of the Real Property is presently pending in any court.
I. All information and documents made available and to be made available to Buyer by
Seller or its agents to the best of Seller's knowledge are and shall be true, accurate, and
complete as of the date given.
9. Buyer's Contingencies. The obligations of Buyer to consummate the transaction contemplated
by this Agreement are subject to the fulfillment not later than thirty (30) days prior to Closing Date as
3
determined in Paragraph 5, of all of the following conditions, which conditions may only be waived by
Buyer in writing:
A.
The title contingencies set forth in Paragraph 6 above, or disclosed in a survey.
e
B. The Buyer obtaining a valid and binding lease with the Seller or Agreement to repurchase
assuring the Buyer continued access to the real property for site remediation, on terms
satisfactory to the Buyer.
10. Seller's Short Term Contim!encies. The obligations of Seller to consummate the transaction
contemplated by this Agreement are subject to fulfillment not later than thirty (30) days after the
execution of this Agreement of all of the following conditions, which conditions may only be waived by
Seller in writing:
A. The Seller has obtained a valid and binding agreement with the present owner of the
property to acquire title by trade or purchase.
B. The Buyer has provided to the Seller evidence that it has obtained sufficient financing for
the purchase of the Real Property.
C. The Seller obtaining prior to its obtaining title to the real property an Indemnification
Agreement from Buyer limiting Seller's liability and indemnifying Seller for costs or
damages arising or associated with Buyer's prior use of the real property and completion
of the Remediation plan for environmental clean up.
11. Lon!? Term Contingency. The obligation of the Seller to consummate,
the sale contemplated by this Agreement is subject to fulfillment of the following condition.
e
A. The Seller obtaining title to the property by purchase or trade.
12. Ri2ht of Entry. Buyer and its duly authorized agents shall have the right during the period
from the date of this Agreement through the Closing Date and thereafter to enter in and upon said Real
Property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as
Buyer shall deem necessary, but all without expense to Seller.
13. Maintenance and Operation Prior to Closing. Pending the closing, the operation and
management of the Real Property will be conducted in the ordinary course and will be maintained in its
present condition, save for normal wear and tear, and will not be encumbered.
14. Remedies. If Buyer or Seller cancels this Agreement due to the fact that conditions
precedent to closing or any of them have not been satisfied, all payments made by Buyer to Seller,
including any accrued interest, shall be refunded forthwith to Buyer and neither Seller nor Buyer shall
be liable for any damages hereunder to the other.
15. Disclosure. No representative or warranty by Seller in this Agreement, nor any statement
or document furnished by Seller pursuant hereto, or in connection with the transactions contemplated
hereby, contains or will contain any untrue information, or omits or will omit to state information
necessary to make the information contained therein not misleading.
4
e:
e
e
e
fl. ,.
16. Broker. Seller and Buyer each represent and warrant to the other that there is no obligation
to pay any commission, finders fee or similar charging in cOnnection with the transaction provided for
herein.
17. Survival of all Terms. All representations, warranties, and agreements contained in this
Agreement shall survive the Closing Date and shall remain independently enforceable and shall not be
merged into any instruments of conveyance delivered on the Closing Date, and the parties hereto shall
be bound accordingly.
18. Notices. Notices required herein shall be in writing and delivered personally or mailed
certified mail, return receipt requested, postage prepaid to the address as shown in the heading of this
Agreement, and if mailed, are effective as of the date of mailing.
19. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota.
BUYER:
NORTHERNSTATESPOWERCO~ANY
By:
Its
SELLER:
THE CITY OF STll..LWATER
By:
Charles M. Hooley, Its Mayor
By:
Modi Weldon, Its Clerk
This instrument was drafted by:
David T. Magnuson
Magnuson Law Firm
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
5
e
e
e
EXHffiIT "G"
SALE AND PURCHASE OF PROPERTY
THIS AGREEMENT, made and entered into this _ day of , 1994, by and
between ST. CROIX CATERING, INC., a Minnesota Corporation with an address of
, (hereinafter referred to as "Buyer"), and the
CITY OF STILLWATER, a Municipal Corporation, with an address of 216 North Second Street,
Stillwater, Minnesota 55082 (hereinafter referred to as "Seller").
RECITALS
WHEREAS, Buyer desires to purchase and accept from Seller, and Seller desires to sell and
convey to Buyer, certain real property, together with all improvements located thereon which are owned
by Seller, situated in the City of Stillwater, County of Washington, State of Minnesota, all on the terms
and conditions set forth herein;
NOW, THEREFORE, in consideration of the terms, covenants, warranties, and conditions
hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows:
1. Sale and Purchase of Property. Subject to the terms and conditions of this Agreement, Seller
shall sell, transfer and assign and deliver to Buyer on the Closing Date, as such date is hereinafter
defined, and Buyer agrees to purchase and accept from Seller on the Closing Date, certain real property
described on Exhibit" A ", and all improvements, rights, interests, and appurtenance therein or thereto
pertaining (hereinafter referred to as the "Real Property").
2. Personal Property and Fixtures Included in the Sale. No items of personal property or
fixtures are included in this sale, however ,all fixtures remaining on the property at closing will become
the property of the Buyer.
3. Price and Terms. In consideration of the Seller's agreement to sell the Real Property, Buyer
agrees to pay to Seller as the full purchase price (the "Purchase Price") for the Real Property and
Personal Property the sum of Two Thousand Thirty Dollars ($230,000.00) payable as follows:
A. Earnest money of One Hundred Dollars ($100.00) by check, receipt of which is hereby
acknowledged.
B. The balance at closing by cash.
4. Possession. Buyer shall take possession of the Real Property on the Closing Date.
5. Closing. The closing for the transaction (the "Closing Date") contemplated by this Agreement
shall be held not later than ninety (90) days after execution of this agreement and satisfaction of all
contingencies of both Buyer and Seller as set forth in Paragraphs 9 and 10 of this Agreement by in no
event any later than December 31, 1995, unless extended by written agreement of the parties. The
closing shall take place at the offices of the City.
1
6. Marketable Title. Seller will have as of the Closing Date good and marketable title to the
Real Property, free and clear of all defects, liens, and encumbrances.
e
Not later than forty-five (45) days prior to the Closing Date, Seller shall deliver to Buyer and
Abstract of Title or Registered Property Abstract to the Real Property (the "Abstract"), which Abstract
shall be properly certified to date, including proper searches covering bankruptcies, state and federal tax
liens, unpaid taxes, assessments, and pending assessments. Seller shall pay the cost of obtaining said
Abstract. Buyer shall be allowed twenty (20) days after the receipt of such Abstract to cause to have
issued a commitment for an owner's policy of title insurance, issued by a title insurance company duly
qualified to transact business in the State of Minnesota and acceptable to the Buyer's lender, if any,
indicating the Seller's ownership of the Real Property, subject to the exceptions of a standard A TLA form
owner's policy, but without further exceptions materially adversely affecting the marketability of title.
If the commitment contains any exceptions which materially and adversely affect the marketability of
Seller's title, Buyer shall make written objections to said exceptions to Seller, such objections to be made
within ten (10) days of delivery of the commitment or the same shall be deemed to have been waived.
Seller shall be allowed sixty (60) days thereafter to make such title marketable. Seller shall use its best
efforts to make the title marketable as expeditiously as possible. If such defects are cured within said
sixty (60) day period, Buyer shall be notified in writing of the curing of such defects, in which case each
party shall proceed to perform in accordance with the terms of this Agreement. ,If such title is not
marketable and is not made so within the sixty (60) day period and Buyer does not 'waivethe curing of
such defects, Buyer, upon written notice to Seller, may, but is not obligated to, undertake to cure and
remove all defects and encumbrances in the title to the Real Property; and Seller agrees to reimburse
Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred in connection with the
curing of such objection. If such title is not marketable and cannot be made marketable within such time
periods, this Agreement shall be voidable at Buyer's option, and all money paid by Buyer shall be
refunded forthwith to Buyer, but such refund shall not waive, release or alter any other claims or rights
of Buyer against Seller.
e
On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver
the following: .
A. A Warranty Deed for the Real Property in recordable form, subject to the standard
A TLA exceptions;
B. A Well Certificate;
C. An Affidavit of Seller.
7. Real Estate Taxes and Special Assessments.
A. Real estate taxes due and payable in and for the year of closing shall be prorated between
Seller and Buyer on a calendar year basis to the actual Closing Date with the Seller to
be responsible for the Closing Date.
B. Seller shall payor release on the Closing Date the installments of special assessments
certified for payment with the real estate taxes due and payable in the year of closing and
prior years.
2
e
C.
e
Seller shall payor release on the Closing Date all other pending special assessments
payable with the real estate taxes in future years, that relate to work done prior to the
date of this Agreement.
D. Buyer shall pay real estate taxes due and payable in the year following the Closing Date
and thereafter and any unpaid special assessments payable therewith and thereafter, the
payment of which is not otherwise provided for in this agreement.
E. Seller warrants that the real estate taxes due and payable in the year 1994 will be non-
homestead classification.
8. Representation and Warranties of Seller. Seller hereby represents and warrants as follows
to Buyer, such representations and warranties to be true and correct on the date thereof, and on the
Closing Date, that:
A. There are no service contracts, management contracts, or employment contracts
pertaining to the Real Property and the improvements located thereon.
B. To the best of Seller's knowledge, no order or requirement for repair, replacement, or
alteration to any improvement, system, or component of the Real Property issued by any
governmental authority has been received by Seller.
C.
e D.
E.
F.
G.
H.
I.
To the best of Seller's knowledge, there has been no change in any federal, state, or
municipal law or ordinance which would make any current use of the Real Property
unlawful.
Seller has paid for all work, supplies, and materials performed upon and supplied to the
Real Property through the date of closing.
To the best of Seller's knowledge, there exists no litigation affecting the Real Property.
To the best of Seller's knowledge, there is no condemnation proceedings pending with
respect to any part of the Real Property.
No party has an option to purchase all or any part of the Real Property.
To the best of Seller's knowledge, no action or proceeding instituted against Seller by any
tenant of the Real Property is presently pending in any court.
All information and documents made available and to be made available to Buyer by
Seller or its agents to the best of Seller's knowledge are and shall be true, accurate, and
complete as of the date given.
9. Buyer's Contingencies. The obligations of Buyer to consummate the transaction contemplated
by this Agreement are subject to the fulfillment not later than thirty (30) days prior to Closing Date as
determined in Paragraph 5, of all of the following conditions, which conditions may only be waived by
Buyer in writing:
e
3
A. The title contingencies set forth in Paragraph 6 above, or disclosed in the surveyor
environmental report.
e
10. Seller's Short Term Contin~encies. The obligations of Seller to consummate the transaction
contemplated by this Agreement are subject to fulfillment not later than thirty (30) days after the
execution of this Agreement of the following conditions, which conditions may only be waived by Seller
in writing:
A. The Seller has obtained a valid and binding agreement with the present Owners of the
property to acquire title by trade or purchase.
B. The Buyer has provided to the Seller evidence that it has obtained sufficient financing for
the purchase of the Real Property.
11. Seller's Long Term Contingencies. The obligation of the Seller to
consummate sale contemplated by this Agreement is subject to fulfillment of the following conditions:
A. The Seller obtaining title to the property by purchase or trade, free and clear of claims
or liens or other encumbrances.
12. Right of Entry. Buyer and its duly authorized agents shall have the right during the period
from the date of this Agreement through the Closing Date and thereafter to enter in and upon the Real
Property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as
Buyer shall deem necessary, but all without expense to Seller.
13. Maintenance and Operation Prior to ClosiDlZ. Pending the closing, the operation and
management of the Real Property will be conducted in the ordinary course and will be maintained in its
present condition, save for normal wear and tear, and will not be encumbered.
e
14. Remedies. If Buyer or Seller cancels this Agreement due to the fact that conditions
precedent to closing or any of them have not been satisfied, all payments made by Buyer to Seller,
including any accrued interest, shall be refunded forthwith to Buyer and neither Seller nor Buyer shall
be liable for any damages hereunder to the other.
15. Disclosure. No representative or warranty by Seller in this Agreement, nor any statement
or document furnished by Seller pursuant hereto, or in connection with the transactions contemplated
hereby, contains or will contain any untrue information, or omits or will omit to state information
necessary to make the information contained therein not misleading.
16. Broker. Seller and Buyer each represent and warrant to the other that there is no obligation
to pay any commission, finders fee or similar charging in connection with the transaction provided for
herein.
17. Survival of all Terms. All representations, warranties, and agreements contained in this
Agreement shall survive the Closing Date and shall remain independently enforceable and shall not be
merged into any instruments of conveyance delivered on the Closing Date, and the parties hereto shall
4
e
e
e
e
be bound accordingly.
18. Notices. Notices required herein shall be in writing and delivered personally or mailed
certified mail, return receipt requested, postage prepaid to the address as shown in the heading of this
Agreement, and if mailed, are effective as of the date of mailing.
19. GoverninlZ Law. This Agreement shall be governed by the laws of the State of Minnesota.
BUYER:
ST. CROIX CATERING, INC.
By:
Its
SELLER:
THE CITY OF STILLWATER
By:
Charles M. Hooley, Mayor
By:
Modi Weldon, City Clerk
This instrument was drafted by:
David T. Magnuson
Magnuson Law Firm
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
5
e
'\
e
e
- ..<.;:
EXHIBIT "H"
SALE AND PURCHASE OF PROPERTY
THIS AGREEMENT, made and entered into this _ day of ,1994, by and
between THE CITY OF STILLWATER, with an address of 214 North Fourth Street, Washington
County, Mirmesota 55082 (hereinafter referred to as "Buyer"), and WILLIAM J. PAULEY AND
VIOLET E. KERN with an address of 4570 Northbrook Blvd. North, Stillwater, Minnesota 55082
(hereinafter referred to as "Seller").
RECITALS
WHEREAS, Buyer desires to purchase and accept from Seller, and Seller desires to sell and
convey to Buyer, certain real property, together with all improvements located thereon which are owned
by Seller, situated in the City of Stillwater, County of Washington, State of Minnesota, all on the terms
and conditions set forth herein;
NOW, THEREFORE, in consideration of the terms, covenants, warranties, and conditions
hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows:
1. Sale and Purchase of Property. Subject to the terms and conditions of this Agreement, Seller
shall sell, transfer and assign and deliver to Buyer on the Closing Date, as such date is hereinafter
defined, and Buyer agrees to purchase and accept from Seller on the Closing Date, certain real property
described in the attached Exhibit" A", and all improvements, rights, interests, and appurtenance therein
or thereto pertaining (hereinafter referred to as the "Real Property").
2. Personal Property and Fixtures Included in the Sale. No items of personal property or
fixtures are included in this sale, since the real property is vacant land.
3. Price and Terms. In consideration of the Seller's agreement to sell the Real Property, Buyer
agrees to pay to Seller as the full purchase price (the "Purchase Price") for the Real Property and
Personal Property the sum of Two Hundred Fifty Nine Thousand Dollars ($259,000.00) payable as
follows:
A. Earnest money of One Hundred Dollars ($100.00) by check, receipt of which is hereby
acknowledged.
B. The balance at closing by cash.
4. Possession. Buyer shall take possession of the Real Property on the Closing Date.
5. Closing. The closing for the transaction (the "Closing Date") contemplated by this Agreement
shall be held not later than ninety (90) days after execution of this Agreement and satisfaction of all
contingencies of both Buyer and Seller as set forth in Paragraph 9 of this Agreement by in no event any
later than December 31, 1995, unless extended by written agreement of the parties. The closing shall
take place at the offices of the City.
1
6. Marketable Title. Seller will have as of the Closing Date good and marketable title to the
Real Property, free and clear of all defects, liens, and encumbrances.
Not later than forty-five (45) days prior to the Closing Date, Seller shall deliver to Buyer and
Abstract of Title or Registered Property Abstract to the Real Property (the" Abstract"), which Abstract
shall be properly certified to date, including proper searches covering bankruptcies, state and federal tax
liens, unpaid taxes, assessments, and pending assessments. Seller shall pay the cost of obtaining said
Abstract. Buyer shall be allowed twenty (20) days after the receipt of such Abstract to cause to have
issued a commitment for an owner's policy of title insurance, issued by a title insurance company duly
qualified to transact business in the State of Minnesota and acceptable to the Buyer's lender, if any,
indicating the Seller's ownership of the Real Property, subject to the exceptions of a standard A TLA form
owner's policy, but without further exceptions materially adversely affecting the marketability of title.
If the commitment contains any exceptions which materially and adversely affect the marketability of
Seller's title, Buyer shall make written objections to said exceptions to Seller, such objections to be made
within ten (10) days of delivery of the commitment or the same shall be deemed to have been waived.
Seller shall be allowed sixty (60) days thereafter to make such title marketable. Seller shall use its best
efforts to make the title marketable as expeditiously as possible. If such defects are cured within said
sixty (60) day period, Buyer shall be notified in writing of the curing of such defects, in which case each
party shall proceed to perform in accordance with the terms of this Agreement. If such title is not
marketable and is not made so within the sixty (60) day period and Buyer does not waive the curing of
such defects, Buyer, upon written notice to Seller, may, but is not obligated to, undertake to cure and
remove all defects and encumbrances in the title to the Real Property; and Seller agrees to reimburse
Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred in connection with the
curing of such objection. If such title is not marketable and cannot be made marketable within such time
periods, this Agreement shall be voidable at Buyer's option, and all money paid by Buyer shall be
refunded forthwith to Buyer, but such refund shall not waive, release or alter any other claims or rights
of Buyer against Seller.
On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver
the following:
A. A Warranty Deed for the Real Property in recordable form, subject to the standard
A TLA exceptions;
B. A Well Certificate;
C. An Affidavit of Seller.
7. Real Estate Taxes and Special Assessments.
A. Real estate taxes due and payable in and for the year of closing shall be prorated between
Seller and Buyer on a calendar year basis to the actual Closing Date with the Seller to
be responsible for the Closing Date.
B. Seller shall pay on the Closing Date the installments of special assessments certified for
payment with the real estate taxes due and payable in the year of closing and prior years.
2
e
e
.
e
e
e
C. Seller shall pay on the Closing Date all other special assessments payable with the real
estate taxes in future years.
D.
Seller shall pay on the Closing Date any deferred real estate taxes, payment of which is
required as a result of the closing of this sale. .
E. Buyer shall pay real estate taxes due and payable in the year following the Closing Date
and thereafter and any unpaid special assessments payable therewith and thereafter, the
payment of which is not otherwise provided for in this agreement.
F. Seller warrants that the real estate taxes due and payable in the year 1994 and 1995 will
be non-homestead classification.
8. Representation and Warranties of Seller. Seller hereby represents and warrants as follows
to Buyer, such representations and warranties to be true and correct on the date thereof, and on the
Closing Date, that:
A. There are no service contracts, management contracts, or employment contracts
pertaining to the Real Property and the improvements located thereon.
B. To the best of Seller's knowledge, no order or requirement for repair, replacement, or
alteration to any improvement, system, or compo!1ent of the Real Property issued by any
governmental authority has been received by Seller.
C.
To the best of Seller's knowledge, there has been no change in any federal, state, or
municipal law or ordinance which would make any current use of the Real Property
unlawful.
D. Seller has paid for all work, supplies, and materials performed upon and supplied to the
Real Property through the date of closing.
E. To the best of Seller's knowledge, there exists no litigation affecting the Real Property.
F. To the best of Seller's knowledge, there is no condemnation proceedings pending with
respect to any part of the Real Property.
G. No party has an option to purchase all or any part of the Real Property.
H. To the best of Seller's knowledge, no action or proceeding instituted against Seller by any
tenant of the Real Property is presently pending in any court.
I. All information and documents made available and to be made available to Buyer by
Seller or its agents to the best of Seller's knowledge are and shall be true, accurate, and
complete as of the date given.
9. Buyer's Contingencies. The obligations of Buyer to consummate the transaction contemplated
by this Agreement are subject to the fulfillment not later than thirty (30) days prior to Closing Date as
3
. ,
determined in Paragraph 5, of all of the following conditions, which conditions may only be waived by
Buyer in writing:
A. The title contingencies set forth in Paragraph 6 above, or disclosed in the surveyor
environmental report.
e
B. Buyer obtaining financing to consummate the purchase.
C. Buyer has obtained a valid and binding agreement for Municipal Industrial Development
with Lanoga Corporation, a Delaware Corporation providing for the City to construct on
the Real Property a lumber distributing facility for trade to the Lanoga Corporation
(UBC) along with adequate assurances of performance by UBC.
D. Buyer has obtained a valid and binding agreement for the resale of property to be traded
to the City for the Real Property, to Northern States Power Company for the yard site
and St. Croix Catering for the office and warehouse site, along with adequate assurances
of performance.
10. Right of Entry. Buyer and its duly authorized agents shall have the right during the period
from the date of this Agreement through the Closing Date and thereafter to enter in and upon said Real
Property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as
Buyer shall deem. necessary, but all without expense to Seller.
11. Maintenance and Operation Prior to Closing. Pending the closing, the operation and
management of the Real Property will be conducted in the ordinary course and will be maintained in its
present condition, save for normal wear and tear, and will not be encumbered.
e
12. Remedies. If Buyer or Seller cancels this Agreement due to the fact that conditions
precedent to closing or any of them have not been satisfied, all payments made by Buyer to Seller,
including any accrued interest, shall be refunded forthwith to Buyer and neither Seller nor Buyer shall
be liable for any damages hereunder to the other.
13. Disclosure. No representative or warranty by Seller in this Agreement, nor any statement
or document furnished by Seller pursuant hereto, or in connection with the transactions contemplated
hereby, contains or will contain any untrue information, or omits or will omit to state information
necessary to make the information contained therein not misleading.
14. Broker. Seller and Buyer each represent and warrant to the other that there is no obligation
to pay any commission, finders fee or similar charging in connection with the transaction provided for
herein.
15. Survival of all Terms. All representations, warranties, and agreements contained in this
Agreement shall survive the Closing Date and shall remain independently enforceable and shall not be
merged into any instruments of conveyance delivered on the Closing Date, and the parties hereto shall
be bound accordingly.
16. Notices. Notices required herein shall be in writing and delivered personally or mailed
certified mail, return receipt requested, postage prepaid to the address as shown in the heading of this
4
e
--
e
-
t ('
Agreement, and if mailed, are effective as of the date of mailing.
! 7. Governin~ Law. This Agreement shall be governed by the laws of the State of Minnesota.
BUYER:
THE CITY OF STILLWATER
By:
Charles M. Hooley, Its Mayor
By:
Modi Weldon, Its Clerk
SELLER:
By:
William J. Pauley
By:
Sharon Pauley
By:
Violet E. Kern, a widow
This instrument was drafted by:
David T. Magnuson
Magnuson Law Firm
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
5
e
e
e
~
MEMORANDUM
TO: Mayor and City Council
FROM: City Coordinator
SUBJECT: No Parking Zone - South Everett (Churchill to Hancock)
DATE: September 2, 1994
I have had conversation with several of the residents along Churchill and Everett Streets regarding
parkingitraffic problems in that area. 1be residents are concerned about sight distance problems
created by cars being parked on both sides of Everett Street between the Hospital parking lots and
Churchill Street.
I have re\~ewed this with Chief Beberg, and we are recommending that a no parking area be
established on the west side of South Everett Street between Churchill and Hancock Street.
4~
1m I' ~~~~~~~LJ~jH'~!II1"""ml.'.~~m~
. '," --.,.~ ,,', ......t.~ :..... ~...~. .:,.:," .,~~. ;.., t '-. ~,. -' , .', "'. ~~ .... '. '. '..
'C:t ,.-~~ -'~''''':''~: I '::: rL,~-' . ,.. ".., .....,..,., ....~~ ==~ fE' $~ ,E;
1----t ~,~------~..~ :. ~ .,:.~ ~.: .\. '.. ",*,--101,,1 ..L-!-J '. ,,;J', ~ '~'WII' - fmlI,...- ~.. ~ ~. ':. " ~~'-"~:
~, -; '~I\-:~-:"-~-l,,'. :., 1 j'." ~'. ,...rn.-'.' ~;".}J.$ ;,.i~' --.. '~7 ..'''.:. ...',... .... :.'
. ~ ~ ~ _____u,,-.- J ......~ '''' ".__ ',..;j"-'-'j,' I' .,~ .,: :. '~... .... . . Eiifi.'. ..Eai' .po
" hI ...~k.m--"'>.,~.l.!;.~". ~~ :;:t;, \1Jrnnn',~. ."..I::'~~I-: '1" . ..1'.' ~.I' ..'...1...':......
\\,,~ ... ,'-' ,.. \:.. -. ..... ..1' I ~. f.illll:I,BJMH ,-, :" ' . ." . ..,
. . . '=-' :- .. E~' ,.:1.:.11_ '. "fJtrrtJ.t.il1TIJ. .. ,-,', ...'.
.. . A r--, .IUJ.J "', -~.~, I ,..
.' . '. ~~J1-:~~ ~\)tW(J-4Ar-~7J"..tl' I'...,~ ;:.;
- I.'. r- - " . . , ,....... '-' C'" .. . Zj I - .
- /,=, :~ ~ . f-~~p.'" "~S' '. ", ~- . . .'
J f---, ..\ - f-. f-. ~'... :-., t,-- ' .
. . " - , 1 '~ i\-~; : ", " , :.' .,.. ,f-::"r~ I
J.. ,- . " . ~~.'~ J~ ~~ .' . .'" -' ~4~~~:1:: : .
.- ~ . ,~ .~~~ "I' ,.-,"". .,., I u.u .d
'7m! {.. . .1':": ,-' ~~ "5~Ill':':' k ,\, ':,~' ' ~:-' '. -:'"' > ", : \~.,
, ..:~ r . ., .' ~ t-+- ., ~ ., ' ' -
. r-gl~.' I-V ' .:.~f(\ \ '~iT: '"r,: '. " -'. < '. . I
.', ~Y' _:~~ 'V~l~ "~1' '~'.'--j",t
.'. "';-1 '~ ~', '. ~~ V.. 's:~' '~'J,l --' ~1' ' " '.' ;,':, ,
I . ~. . .
· S --;-' ...' \ · . r~-t . . "..1 ~
, ~: i. . __.. -_ If I ~ \ '\' \ i CORPcWATLJ/~I7S~~:": 3:
~ .... ,I 1_. I
, ~ I SHIEl TO,N DR ~" I
f--- I --'- "'lI':I1!: ~~.... . I
.' :----' . II> ;:::: ~ -:::::::, ~
.-- I ..........., =~ ~ ;::=1= ~ I
· ~Jt~' rz';, ~~~~oeE\ n.- ! i
- EASTRIDGE .-l:> l I
COURT ~ ~
;~
~ ~AI~O., CT. '. _
I.. ... ....,... ..,. ......" c.
'~', ' ' j)Jt
. NltCn 4 ~.,.-.
I ,I . ...;:::: , ." ,~
-~
.-~ ..',
\. .
;, I .
, ...
~
.~
eu'ft.D'. ;.
11
,
i I
I
. I. I
.~
'"
, :, I
~
.-'--
. .
" ExrEPTION
-
,- - '---
FRON fAGE ROAD
.---0'
, I
___J
I
e
0,
e
e
e
~
~
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 94-27
MINUTES
SPECIAL MEETING August 16, 1944
The Meeting was called to order by Mayor Hooley.
4:30 p.m.
Present:
Councilmembers Bodlovick, Cummings (arrived at 5:00 p.m.), Kimble,
Zoller and Mayor Hooley
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
City Clerk Weldon
Present:
Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
Others:
Dick Olsen, Gerald Fontaine
Workshop - City Hall Building Proiect
Richard Olsen, George W. Olsen Construction, met with Council to discuss the proposed
City Hall building project. Council reviewed a list of options and voted to eliminate to
eliminate the following options:
For Administration: A2, Old Court House Site; A3, New Site near Brick and Myrtle; A4,
Armory Site;
For Police and Fire: B3, New Site near Brick and Myrtle;
For Public Works and Parks: C1, Existing (Hill) and C2, Existing (City Hall).
Mayor's Request To Write Letter to Governor
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to authorize the
Mayor to write a letter to Governor Carlson regarding the citizens' opposition to the release of
Dennis Linehan into the community. All in favor.
Recess
Motion by Councilmember Kimble, seconded by Councilmember Zoller to recess the meeting at
5:45 p.m. All in favor.
MAYOR
ATTEST:
CITY CLERK
Submitted by:
Shelly Schaubach
Recording Secretary
e
e
,e
"
..
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 94-27
MINUTES
REGULAR MEETING August 16, 1994
7:00 p.m.
The Meeting was called to order by Mayor Hooley.
Present:
Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Comm. Dev. Director Russell
City Engineer Eckles
Consulting Engineer Moore
City Clerk Weldon
Press:
Julie Kink, The Courier
Others:
Tim Nolde, Julie Prokop,
APPROVAL OF MINUTES
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the
minutes of the Regular and Recessed Meetings of August 2, 1994 and the Special Meeting of
August 9, 1994. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Tim Nolde. Anchobavpro Inc. - Release of easements. Green Twig Way Lots.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the
appropriate resolution releasing the easements on Lots 1-5, Green Twig Way. (Resolution No.
94-194)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
STAFF REPORTS
1. Finance Director -
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to set budget
workshops on Tuesday, August 23 and Tuesday, August 30, 1994 at 4:30 p.m. All in favor.
Stillwater City Council Minutes
Regular Meeting
August 16, 1994
PETITIONS. INDIVIDUALS. DELEGATIONS (CONTINUED)
e
1. Julie Prokop - Sunburst Academv.
Julie Prokop requested an update on the resolution of the problems at the Sunburst
Academy location. City Engineer Eckles and Community Development Director Russell
reviewed the work being done to date. Council directed staff to send Julie Prokop copies
of all correspondence related to this issue.
STAFF REPORTS (CONTINUED)
1. City Engineer -
City Engineer Eckles reviewed a list of current projects and duties.
Request to Purchase Mower
Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to approve the
purchase of a walk-behind mower for the Parks Department at an approximate cost of $2,600.
All in favor.
2.
Community Develo\,ment Director -
Community Development Director Russell updated Council on the comprehensive plan,
the ward network meetings, one percent sales tax information, and the levee wall project.
e
3. Parks & Recreation -
City Engineer Eckles reported that Benson Park will be graded, play equipment installed,
and a bike trail completed within the next six weeks.
PUBLIC HEARINGS
1. Case No. SUB/94-27. This is the day and time for the continuation of the public hearing
to consider a preliminary plat approval for a minor subdivision of a 51,884 sq. ft. (1.2
acres) lot into three lots of 13,475 sq. ft., 16,469 sq. ft. and 21,900 sq. ft. The property
is located on Gilbert Court in the RA, Single Family Residential District. Steve Fiterman,
applicant.
Notice of the hearing was placed in the Stillwater Gazette on June 24, 1994, and
August 9, 1994, and notices mailed to affected property owners. (Continued from
July 19 and August 2, 1994)
Community Development Director Russell reviewed the request.
2
e!
e
e
e
Stillwater City Council Minutes
Regular Meeting
August 16, 1994
Wayne Lamral, engineer representing Mr. Fiterman, explained the proposed plan. Brian
Benson, representing his mother Maxine Benson, 806 Pine Tree Trail, asked how this area
will be drained. The applicant, Steve Fiterman, addressed the drainage issue. Consulting
Engineer Moore also explained how this area will be drained. Mayor Hooley closed the
public hearing.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the
appropriate resolution approving the preliminary plat for a minor subdivision on Gilbert Court,
Case No. SUB/94-27, as conditioned. (Resolution No. 94-195)
Ayes - Councilmembers Bodlovick, Kimble, Zoller and Mayor Hooley
Nays - None
Absent - Councilmember Cummings
UNFINISHED BUSINESS
1. Resolution Approving Surcharge Collection Agreement with Washington County.
Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the
appropriate resolution approving the surcharge collection agreements with Washington County.
(Resolution No. 94-196)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate
resolution approving the Waste Management Service Charge Collection Agreements with Junker
Sanitation, with addition of final paragraph of language in the County agreement as it relates to
collection by property taxes. (Resolution No. 94-197)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
2. Resolution Aporoving Kutz Addition Development Agreement. L.I. 308.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the
appropriate resolution approving the Kutz Addition Development Agreements, L.I. 308.
(Resolution No. 94-198)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
3
Stillwater City Council Minutes
Regular Meeting
August 16, 1994
_
3. Resolution Approving Mvrtlewood Development Agreement. L.I. 304.
Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the
appropriate resolution approving the Myrtlewood Development Agreement, L.I. 304, with the
addition of Section 3.04 relating to park dedication. (Resolution No. 94-199)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
4. L.I. 305. Pine Hill Estates. Resolution Receiving Report. Ordering Improvement and
Preparation of Plans. Resolution Approving Development Agreement.
Consulting Engineer Moore reviewed the project. Clark Nyberg, property owner, asked
about assessing others who will benefit from the improvements in the future. City
Attorney Magnuson explained the assessment options. Bill LeCuyer, 746 Wildwood Lane,
stated that the improvements would serve only a portion of his property.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the
appropriate resolution receiving the report, ordering the improvement and preparation of plans,
and setting Public Hearing for September 6, 1994, Pine Hill Estates, L.I. 305. (Resolution No. a
94-200) _
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
Council took no action on the Development Agreement.
5. Update: Vittorio's Sewer Separation.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to direct the Public
Works Director to prepare a report on grease traps for the September 6, 1994, meeting, and to
also hear a report on Vittorio's sewer separation at that time. All in favor.
NEW BUSINESS
1. Consideration of TIF assistance for purchase of land and construction of store in Stillwater
Business Park.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to set a workshop
for September 6, 1994, at 4:30 p.m. for consideration of TIF assistance for purchase of land and
4
_I
e
e
e
Stillwater City Council Minutes
Regular Meeting
August 16, 1994
construction of a store in the Stillwater Business Park. All in favor.
2. Approval of County Road 5rrH 36 interchange layout.
Motion by Councilmember Kimble, seconded by Councilmember Cwnmings to adopt the
appropriate resolution approving the County Road 5rrH 36 interchange layout. (Resolution No.
94-201)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
3. SEH engineering support for levee wall protect.
Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to approve the use of
SEH engineering services for the levee wall project for an amount not to exceed $11,085. All
in favor.
4. Contract for survey of Lowell Park.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the
contract wtih Barry Stack for surveyor services for the levee wall project. All in favor.
5. Deaf Child Signage.
Motion by Councilmember Kimble, seconded by Councilmember Cwnmings to approve
installation of a Deaf Child Sign at the entrance to Victoria Villa Apartments at City cost. All
in favor.
6. Appointing election judges for 1994 Primary and General Elections and setting
compensation.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the
appropriate resolution appointing the election judges as recommended and setting compensation
at $6 per hour for judges and $6.50 for co-chairs. (Resolution No. 94-202)
Ayes - Councilmembers Bodlovick, Cwnmings, Kimble, Zoller and Mayor Hooley
Nays - None
7.
Possible first reading of ordinance amending salaries of City Council.
5
Stillwater City Council Minutes
Regular Meeting
August 16, 1994
e
Motion by Councilmember Kimble, seconded by Councilmember Cummings to have a first
reading of an ordinance amending the salaries of Mayor and City Council members. All in favor.
CONSENT AGENDA
Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the
appropriate resolution approving the consent agenda of August 16, 1994, including the following:
(Resolution No. 94-193)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
1. Directing Payment of Bills.
2. Community Development Direct to attend annual State Planning Conference.
3. Building Official to attend I.C.B.O. Annual Meeting.
4. River Valley Arts Council - One-day Temporary Liquor License.
5. Submit claim of Deb Pudell to insurance carrier for injury sustained during attempted
docking of boat.
6. Hang banners: Family Service St. Croix, National Family Week; League of Women
Voters of St. Croix Valley, Vote Nov. 8; United Way.
COUNCIL REQUEST ITEMS
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to direct the Police
Chief to study a possible no parking zone on West Orleans between Washington A venue and
Cottage Drive. All in favor.
e
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the
appropriate resolution commending Todd Weiss, John Daly, and David Swanson for their
volunteer efforts for the 1994 Lumberjack Days. (Resolution No. 94-203)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
STAFF REPORTS
1. City Coordinator -
Motion by Councilmember Kimble, seconded by Councilmember Cummings to waive any City
fees for the building of a home by Habitat for Humanity. All in favor.
2. Comm. Dev. Director-
Motion by Councilmember Cummings, seconded by Councilmember Kimble to direct staff to
continue negotiations for the purchase of railroad property (River Parking Lot). All in favor.
6
e
e
e
ie
Stillwater City Council Minutes
Regular Meeting
August 16, 1994
ADJOURNMENT
Motion by Councilmember Kimble, seconded by Gouncilmember Bodlovick to adjourn the
meeting at 9:20 p.m. All in favor.
MAYOR
ATTEST:
CITY CLERK
Resolutions:
No. 94-193 - Directing Payment of Bills
No. 94-194 - Releasing easements on Lots 1-5, Green Twig Way
No. 94-195 - Approving three lot subdivision on Gilbert Court, SUB/94-27
No. 94-196 - Surcharge collection agreements with Washington County
No. 94-197 - Waste Management Service Charge Collection Agreements with Junker Sanitation
No. 94-198 - Approving Kutz Addition Development Agreements, L.I. 308
No. 94-199 - Approving Myrtlewood Development Agreement, L.I. 304
No. 94-200 - Receiving report, ordering improvement and preparation of plans, and setting public
hearing for Pine Hill Estates, L.I. 305
No. 94-201 - Approving County Road 5/TH36 interchange layout
No. 94-202 - Appointing election judges and setting compensation at $6/hour for judges and
$6.50 for co-chairs
No. 94-203 - Commending Todd Weiss, John Daly, and David Swanson
Submitted by:
Shelly Schaubach
Recording Secretary
7
e
e
I.
.
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 94-28
MINUTES
SPECIAL MEETING August 23, 1994
The Meeting was called to order by Mayor Hooley.
4:30 p.m.
Present:
Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Absent:
None
Also Present:
City Coordinator Kriesel
Building Inspector Zepper
City Engineer Eckles
Police Chief Beberg
Fire Chief Ness
City Clerk Weldon
Press:
Mike Marsnik, Stillwater Gazette
AWARDING BID FOR L.I. 290
Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the
appropriate resolution awarding the bid for reconstruction of West Orleans Street, L.I. 290, to
Aero Asphalt for $114,682.25. (Resolution No. 94-204)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
1995 BUDGET WORKSHOP
The following Department Heads met with Council to present their preliminary budget
requests for 1995: Allen Zepper, Building Official; Klayton Eckles, Public Works and
Engineer; Don Beberg, Police; and George Ness, Fire.
ADJOURNMENT
The meeting adjourned at 10:00 p.m.
MAYOR
ATTEST:
CITY CLERK
Submitted by:
Shelly Schaubach
Recording Secretary
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 94-29
MINUTES
SPECIAL MEETING August 30, 1994
The Meeting was called to order by Mayor Hooley.
4:30 p.m.
Present:
Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor
Hooley
Absent:
None
Also Present:
City Coordinator Kriesel
Library Director Bertalmio
Comm. Development Director Russell
City Engineer Eckles
Parks Director Thomsen
Finance Director Deblon
City Clerk Weldon
Press:
Julie Kink, St. Croix Valley Press
Others:
Lisa Freeman, W. Yes Childs, Nick Gorski, Fred Kalinoff, Sheila
Maybanks, Susan Nelson, David Ruch, and Lois Welshons
TOUR OF LIBRARY AND BUDGET DISCUSSION
Council met at the Stillwater Public Library for a tour of the library and discussion of the
library budget with Library Director Lynn Bertalmio and the Stillwater Library Board of
Trustees.
CONTINUATION OF 1995 BUDGET WORKSHOP
Council met with the following Department Heads to discuss their preliminary budget
requests for 1995: Steve Russell, Community Development; Klayton Eckles and Tim
Thomsen, Parks; and Nile Kriesel and Diane Deblon, Administration/Finance.
ADJOURNMENT
Motion by Councilmember Cummings, seconded by Councilmember Kimble to adjourn the
meeting at 9:25 p.m.
MAYOR
ATTEST:
CITY CLERK
Submitted by:
Shelly Schaubach
Recording Secretary
~
..
..
e
e
e
} l,_l ' !
COMMUNITY
. \lOLUNTEER
SERVICE
Of The
51. Croix Valley Area
August23,199L,
2300 Orleans st. w.
Stillwater, MN 55082
612-439-7434
Mr. Nile Kriesel, Administrator
Citlj of Stillwater
216 N. 4th St
Stillwater, MN 55082
Dear Mr. Kriesel:
CChis is a letter to request continued support from the City of Stillwater. 9n 1993 you
supported us through your generous donation of$10325.00. We are requesting a
donation of $12,000:00 in 199L, due to an increase in the number of individuals that we are
serving. We hope that you will continue to see Communitlj Volunteer Service as a non-profit
agenClj that provides important services to your citizens and is worthy of your support.
e
Community Volunteer Service (C?VS) is a non-profit organization supported by voluntary
contributions from individuals, businesses, municipalities and foundations. C?VS has been
providing the services of the Senior Center, Volunteer Center, Off Again On Again Shop,
CCransportation program and the Holiday (3ureau for individuals and agencies since its
inception in 1961. All of these services are frlZe to the citizens of Stillwater.
erhe Stillwater Senior Community Center, a program of C?VS, is a focal point for
comprehensive, high quality programs of service and activity that enhance the well being of
older adults in the Stillwater area. 9n 1993 over 800 individuals attended many of the
different activities at the Senior Center such as fitness programs, 55 Alive Driving
9nstruction, parties, movies, bingo, educational calsses, tax help, information and referral,
blood pressure clinics, bridge instruction. card games, legal advocaClj, and dropping in for
friendship, snacks and coffee.
CChe Senior Center has a new Senior Dining program. CChis program was started based
upon broad support of members of the Senior Center and other interested seniors and
disabled individuals in the valley. CChis is a program where a nutritious noon meal is
served to seniors and those with disabilities, who live on fixed incomes, either on site at the
center or through home delivered meals to those who are homebound.
e
~ A Volunteer Center
RECEIVING SUPPORT FROM ~
THE ST. CROIX AREA UNITED WAY.
'The program serves 500 nutritious noon meals a month on site and 800 home delivered
meals a month to homebound individuals. Participants may voluntarily donate money
toward their meal which goes toward the cost of the food. CVS is responsible for overhead
costs such as the use of the kitchen and dining area, utilities, supplies, the need for
additional Senior Center staffing to run the program, and volunteer expenses. crhis
program needs community support! 9t has increased the CVS budget by $5,000.00 per
year.
e
During 1993 St Croix Valley residents used our Volunteer 'Transportation program a
total of 108,415 miles, 2286 trips serving 1333 individuals. 'These rides were given to
individuals who had no other way to get to chemotherapy and dialysis therapy, doctor and
other important appointments.
Stillwater residents also receive indirect services from CVS through the many non-profit
agencies, over 100, that CVS recruits and refers volunteers to. 'These agencies serve
citizens in the St. Croix Valley and represent a broad cross section of human services. We
also refer people, who would like to volunteer, to these agencies as a way for them to make a
difference in their community. 9n1993 CVSs Volunteer Center matched the time and
talent of 1, 156 volunteers to needs in their community, providing real solutions to serious
social problems.
CVS also has the Holiday t3ureau, a food and gift program that is open during the
Christmas season that is available to the citizens of Stillwater. 9n1993 7,565 individuals
were served by 400 volunteers providing food and gifts for 331 families. We also have a ..
used clothing and housewares store in downtown Stillwater called the Off Again On Again .-
Shop that distributes these items at no cost to your citizens who are referred by a social
service agency. 9n1993 21 volunteers served 51'1 individuals by providing free clothing and
houseware articles.
We would like to ask the city of Stillwater for a contribution of $72,000.00 toward these free
services that we provide to the citizens of Oak park Heights.
'June Eagleton, Sr. Center Director, a CVS t30ard Member and myself will be attending
your September 6th City Council Meeting at 1':00 p.m. to present our request.
'Thank you for your past support and your consideration of this request.
Sincerely,
:Ycztiy }Jf;)r.t\~
'-/
Kathy Miron
Executive Director
encl: Annual Report
e,
x:
.
I
Ie
LAW OFFICES
BRIGGS AND
MORGAN
PROFESSIONAL ASSOCIATION
2400 IDS CENTER
MINNEAPOLIS, MINNESOTA 1515402
TELEPHONE /6121 334 - 8400
FACSIMILE /6121334-86150
WRITER"!; DIRECT DUL NUMBER
August 25, 1994
SAINT PAUL OFFICE
2200 FIRST NATIONAL B4NK BUILDING
SAINT PAUL, MINNESOTA 1515101
TELEPHONE 16121223-6600
FACSIMILE 16121 223-64l50
(612) 334-8522
TO: Attached Distribution List
Re: $5,500,000 City of Stillwater, Minnesota Industrial Development Revenue Refunding
Bonds (SUPERV ALU INC. Project), Series 1994
Ladies and Gentlemen:
e
Enclosed are initial drafts of the Official Statement, Bond Purchase Agreement and
Remarketing Agreement.
Please call with any questions or comments you may have.
Very truly yours,
~.
Andrew R. Kintzinger
ARK/bc
Enclosures
e
.
CI'IY OF STILLWATER, MINNESOTA
$5,500,000
INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS
(SUPERV ALU INC. PROJECT)
SERIES 1994
e
FINANCING TEAM DISTRIBUTION LIST
Ms. Carol Lenhart
Mr. Gary Harper
SUPERVALU INC.
11840 Valley View Road
P.O. Box 990
Eden Prairie, MN 55344
(612) 828-4141 (CL)
(612) 828-4731 (GH)
(612) 828-4576 (FAX)
Ms. Laurie Howard
Corporate Trust Department
First Trust National Association
180 East 5th Street, 2nd Floor
St. Paul, MN 55101
(612) 244-0714
(612) 244-0712 (FAX)
Ms. Alison C. Humphrey
Mr. Gary L. Tygesson
Dorsey & Whitney
220 South Sixth Street
Minneapolis, MN 55402
(612) 340-8720 (ACH)
(612) 340-8753 (GLT)
(612) 340-2644 (FAX)
Mr. Andrew Kintzinger
Mr. Vincent A Thomas
Briggs and Morgan, P.A
2400 IDS Center
Minneapolis, MN 55402
(612) 334-8522 (AK)
(612) 334-8602 (VAT)
(612) 334-8650 (FAX)
Mr. David Townsend
Wachovia Bank and Trust
Company, N.A
191 Peachtree Street Northeast
Atlanta, GA 30303
(404) 332-6431
(404) 332-6898 (FAX)
Ms. Lynne Harrington
Managing Director
Piper Jaffray Inc.
222 South 9th Street, 15th Floor
Minneapolis, MN 55402
(612) 342-6659
(612) 342-6966 (FAX)
e
Mr. Robert L. Quick
Womble, Carlyle, Sandridge & Rice
2400 Wachovia Building
301 North Main Street
Winston-Salem, NC 27101
(919) 721-3508
(919) 721-3599 (FAX)
Mr. Nile Kriesel
City Coordinator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082-4898
(612) 439-6121
(612) 439-0456 (FAX)
Mr. David T. Magnuson
City Attorney
City of Stillwater
324 South Main Street
Stillwater, MN 55082
(612) 439-9464
(612) 439-5641 (FAX)
698865.1
el
.. )(
REFUNDING
a In the opinion of Dorsey & Whitney, Minneapolis, Minnesota, as Bond Counsel, according to present federal and Minnesota laws,
. regulations, rulings and decisions, assuming compliance with certain covenants, 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, and is not an item of tax preference in determining
federal or Minnesota alternative minimum tax applicable to individuals. Interest on the Bonds is subject to the Minnesota franchise tax imposed upon
corporations and financial institutions and is includable in income for purposes of certain federal and Minnesota taxes applicable to corporations. (See
"TAX EXEMPTION AND RELATED CONSIDERATIONS.")
Dated: Date or Delivery
$5,500,000
City of Stillwater, Minnesota
Industrial Development Revenue Refunding Bonds
(SUPERVALU INC. Project)
Series 1994
Price: 100%
Due: October 1, 2009
TIlE BONDS WILL BE LIMITED OBLIGATIONS OF TIlE CITY OF STILLWATER, MINNESOTA (TIlE "CITY" OR TIlE
"ISSUER") AND WILL NOT CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY OF TIlE CITY OR A CHARGE AGAINST ITS
GENERAL CREDIT OR TAXING POWERS.
The Bonds will be payable from and secured by a pledge of payments required to be made by
SUPERVALU
INC., a Delaware corporation (the "Company"), pursuant to a Loan Agreement (the "Loan Agreement") dated as of September 1, 1994, with the City,
Pursuant to an Agreement to Provide Letter of Credit dated as of September 1, 1994, between the Company and FirstTrust National
Association, Saint Paul, Minnesota, as Trustee, the Company is causing WACHOVIA BANK OF GEORGIA, NATIONAL ASSOCIATION, a national
banking association (the "Bank"), Atlanta, Georgia to issue its Standby Letter of Credit (the "Standby Letter of Credit") in an amount equal to the
principal amount of Bonds at any time outstanding plus an amount equal to 46 days' interest thereon (assuming an interest rate of 12% per annum ana
based on a 365-day year) to secure payment of principal of, interest on, and purchase price of, the Bonds. The Agreement to Provide Letter of Credit
is subject to termination at the option of the Company, and the Standby Letter of Credit is subject to expiration and termination prior to maturity at
ethe Bonds as described herein.
The Bonds will be issued pursuant to an Indenture of Trust, dated as of September 1, 1994, between the City and the Trustee. The
Bonds will be issued as fully registered bonds of single maturity in any denomination that is an integral multiple of $100,000. As described in this Official
Statement, the Bonds will initially be issued in book-entry form and held by a nominee of The Depository Trust Company ("DTC") as the registered
Holder. The Bonds will initially bear interest at a Variable Rate, and during the Variable Rate Period, interest will be payable on the first business da)
of each month, commencing October 3, 1994, payable by the Trustee directly to the DTC nominee as registered Holder of the Bonds with disbursement
to Beneficial Owners of the Bonds as provided for herein. Principal of and premium, if any, on the Bonds will also be payable by the Trustee to the
DTC nominee, as registered Holder, with disbursement to Beneficial Owners of Bonds as further described in this Official Statement.
The Bonds will be subject to redemption prior to their stated maturity as described herein.
Prior to conversion, the Bonds will bear interest at the Variable Rate described in this Official Statement, determined by Piper Jaffray
Inc., appointed as Indexing Agent and Remarketing Agent for the Bonds. The Variable Rate will be determined by the Indexing Agent and will be
effective initially on the date of initial delivery of the Bonds and thereafter on each Tuesday (or the preceding Business Day if a Tuesday is not a Business
Day), as further described in this Official Statement. During the Variable Rate Period, each Beneficial Owner of a Bond has the option to tender its
Bond for purchase by the Company at 100% of the principal amount thereof upon seven (7) days notice to Piper Jaffray Inc., as Tender Agent. Payment
of the tender or purchase price of the Bonds is the sole responsibility and obligation of the Company, but so long as the Standby Letter of Credit is
outstanding, may be paid from a draw on the Standby Letter of Credit. At the option of the Company, the interest rate on the Bonds may be converted
at any time to a fixed rate for the remainder of the term of the Bonds. In such case, the Bonds shall be purchased on such conversion date (the
"Conversion Date") at par plus interest accrued to the Conversion Date, unless the Holders elect to retain their Bonds at the fIXed rate after the
Conversion Date, as further described in this Official Statement.
The Bonds are offered, subject to prior sale, when, as and if issued and accepted by the Underwriter, subject to receipt of an opinior:
as to validity and tax exemption by Dorsey & Whitney, of Minneapolis, Minnesota, Bond Counsel, the approval of certain matters by Briggs and Morgan,
Professional Association, Minneapolis and Saint Paul, Minnesota, as Counsel to the Underwriter, and Womble Carlyle Sandridge & Rice, Counsel tc
the Bank, and certain other conditions. It is expected that delivery of the Bonds will be made in New York, New York, on or about September 21, 1994
against payment therefor.
PIPER JAFFRAY INC.
The date of this Official Statement is September 19, 1994.
e
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVER-ALLOT OR EFFECT
TRANSACfIONS THAT STABIUZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL _
ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, .
IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
No dealer, broker, salesperson or other person has been authorized by the City of Stillwater,
Minnesota (the "City" or "Issuer"), the Underwriter, the Bank or SUPERV ALU INC. (the "Company") to give
any information or to make any representations with respect to the Bonds, other than those in this Official
Statement and the appendices hereto, and if given or made, such other information or representations must
not be relied upon as having been authorized by any of the foregoing. This Official Statement does not
constitute an offer to sell or the solicitation of an offer to buy, and there shall not be any sale of the Bonds
by any person in any state in which it is unlawful for such person to make such offer, solicitation or sale. The
information set forth herein and in Appendix A hereto has been provided by or obtained from the Company,
the Bank and other sources that are believed to be reliable, but the Underwriter does not guarantee the
accuracy or completeness of the information and such information is not to be construed as a representation
by the Underwriter or the City. The information and expressions of opinion herein are subject to change
without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under
any circumstances, create any implication that there has been no change in the affairs of the Company or the
Bank since the date hereof.
TABLE OF CONTENTS Page
INTRODUCTORY STATEMENT ................................................... 1
ISSUER AUmORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .2
mE COMPANY....... ............. ....................... ..................... :'l.
mE FACILITY FINANCED BY THE PRIOR BONDS .................................. 3
PLAN OF REFINANCING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
mE BONDS ................................................................... 3
SECURITY FOR TIlE BONDS ..................................................... 8 _
INVESTMENT CONSIDERATIONS ................................................. 9 .
TIlE BANK AND TIlE STANDBY LETI'ER OF CREDIT ....................... . . . . . . . .. 10
mE LOAN AGREEMENT ................................... . . . . . . . . . . . . . . . . . . .. 12
TIlE INDENTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
TAX EXEMPTION AND RELATED CONSIDERATIONS............................... 18
LEGAL MATTERS ............................................................. 19
UNDERWRITING.............................................................. 19
MISCELLANEOUS ............................................................. 19
APPENDIX A - TIlE COMPANY .................................................. A-I
APPENDIX B - FORM OF OPINION OF BOND COUNSEL .... . . . . . . . . . . . . . . . . . . . . . . . .. B-1
IN MAKING AN INVESTMENT DECISION INVESTORS MUST RELY ON THEIR OWN
EXAMINATION OF THE COMPANY AND THE BANK AND THE TERMS OF THE OFFERING,
INCLUDING THE MERITS AND RISKS INVOLVED. SEE "INVESTMENT CONSIDERATIONS" HEREIN.
THESE SECURITIES HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE
COMMISSION OR ANY STATE SECURITIES AUTHORIlY. THESE SECURITIES HAVE NOT BEEN
RECOMMENDED BY ANY FEDERAL OR STATE SECURITIES COMMISSION OR REGULATORY
AUTHORIlY, AND THE EXEMPTION FROM REGISTRATION OR QUAUFICATION FOR OFFERING
SHALL NOT BE REGARDED AS A RECOMMENDATION THEREOF. FURTHERMORE, THE
FOREGOING AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE
ADEQUACY OF THIS DOCUMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL
OFFENSE.
THE ORDER AND PLACEMENT OF MATERIAL IN THIS OFFICIAL STATEMENT,
INCLUDING ITS APPENDICES, ARE NOT TO BE DEEMED A DETERMINATION OF RELEVANCE,
MATERIAUlY OR IMPORTANCE, AND ALL MATERIAL IN THIS OFFICIAL STATEMENT, INCLUDING
ITS APPENDICES, MUST BE CONSIDERED IN ITS ENTIRElY. e
698859.1
ii
e
OFFICIAL STATEMENT
$5,500,000
CITY OF STILLWATER, MINNESOTA
INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS
(SUPERVALU INC. PROJECT)
SERIES 1994
INTRODUCTORY STATEMENT
This Official Statement is furnished to provide information in connection with the sale by the
City of Stillwater, Minnesota (the "City" or the "Issuer"), of its Industrial Development Revenue Refunding
Bonds (SUPER V ALU INC. Project) Series 1994, in the aggregate principal amount of $5,500,000 (the
"Bonds") pursuant to an Indenture of Trust (the "Indenture"), dated as of September 1, 1994, between the City
and First Trust National Association, Saint Paul, Minnesota, as trustee (together with any successor trustee
or co-trustee duly appointed, qualified and acting as such under the Indenture, the "Trustee"). No additional
bonds may be issued under or secured by the Indenture.
e
The proceeds of the Bonds will be lent by the City to SUPER V ALU INC., a Delaware
, corporation (the "Cohlpany"), pursuant to a Loan Agreement (the "Loan Agreement"), dated as of
September 1, 1994, to be entered into between the City and the Company. Under the Loan Agreement, the
Company will agree to apply the proceeds of the Bonds and certain Company funds to redeem the outstanding
Industrial Development Revenue Bonds (Super Valu Stores, Inc. Project), Series 1984 of the City, dated as
originally issued, as of October 1, 1984 (the "Prior Bonds" or "Refunded Bonds"). The Refunded Bonds wet:e
issued to finance the acquisition, construction and equipping of a retail food store (the "Facility") located Iii.
the City. The Company will agree in the Loan Agreement to make loan repayments which will be sufficient,
if paid timely and in full, to pay the principal of, premium, if any, interest on, and the purchase price of, the
Bonds when due. As security for the Bonds, the City, pursuant to the Indenture, will pledge and assign to the
Trustee certain of its interests in the Loan Agreement, including all loan repayments to be made thereunder.
Neither the Trustee nor the Bondholders will have any mortgage or security interest in the Facility.
As additional security for payment of the principal of, interest on, and purchase price of, the
Bonds, the Company will enter into an Agreement to Provide Letter of Credit (the "Agreement to Provide
Letter of Credit") dated as of September 1, 1994, with the Trustee, pursuant to which the Company will cause
a Standby Letter of Credit to be provided by Wachovia Bank of Georgia, National Association, a national
banking association located in Atlanta, Georgia. The Standby Letter of Credit will be in an amount equal to
the principal amount of the Bonds plus an amount equal to 46 days' interest on the Bonds, computed as if
the Bonds bore interest at the rate of 12% per annum and based on a 365-day year. The Standby Letter of
Credit will provide that the Trustee may request a payment under the Letter of Credit due to failure of the
Company to make a payment of principal or interest when due pursuant to the Loan Agreement or in the
event the Company has failed to make a payment for purchase of tendered Bonds pursuant to the Loan
Agreement. The Agreement to Provide Letter of Credit may be terminated by the Company upon 30 days'
notice to the Trustee. The Standby Letter of Credit will expire on November 5, 1995, subject to earlier
termination, including termination of the Agreement to Provide Letter of Credit, or extension, as described
in this Official Statement. See "THE BANK AND THE STANDBY LEITER OF CREDIT".
THE BONDS ARE SPECIAL, LIMITED OBLIGATIONS OF THE CITY AND WILL NOT
CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY OF THE CITY OR A CHARGE AGAINST
ITS GENERAL CREDIT OR TAXING POWERS. NO BOND OWNER SHALL HAVE THE RIGHT TO
DEMAND PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, INTEREST ON, OR THE PURCHASE
PRICE OF, THE BONDS OUT OF ANY FUNDS TO BE RAISED BY TAXATION OR FROM ANY SOURCES
OTHER THAN THOSE EXPRESSLY PLEDGED THERETO.
e
698859.1
1
The Bonds will initially bear interest at a variable rate (the "Variable Rate") which will be set
by the Indexing Agent and which will be effective on the date of initial delivery of the Bonds. Thereafter, the
Variable Rate will be reset weekly as provided herein. See "THE BONDS. Interest on the Bonds During e
Variable Rate Period" herein. Piper Jaffray Inc. has been appointed the indexing agent (the "Indexing Agent")
for the weekly determination of the Variable Rate of interest on the Bonds. As long as the Bonds bear
interest at the Variable Rate (the "Variable Rate Period"), the Bonds are subject to optional tender by Holders
and Beneficial Owners to Piper Jaffray Inc. as Tender Agent, for purchase by the Company upon seven (7)
days notice, at 100% of the principal amount thereof plus interest due or accrued through the date of
purchase. Piper Jaffray Inc. will also serve as the Remarketing Agent pursuant to a Remarketing Agreement
with the Company and the Trustee dated as of September 1, 1994 with respect to Bonds so tendered. In
addition to optional tender, the Bonds are subject to optional and mandatory redemption, acceleration and
conversion to a fixed interest rate as further described under the heading "THE BONDS" in this Official
Statement.
At the request of the Company at any time, the interest rate on the Bonds may be converted
from the Variable Rate to a fIxed rate as described in this Official Statement and in the Indenture. In such
case, the Bonds shall be purchased on the Conversion Date, at par plus interest accrued to such date, unless
Holders elect to retain their Bonds at the fixed rate. See "THE BONDS . Mandatory Tender Upon
Conversion" in this Official Statement.
The documents and instruments summarized in this Official Statement will be entered into
on or prior to the date of delivery of the Bonds specified on the cover of this Official Statement (the "Closing
Date"), and the legal o~inions referred to herein will be delivered on the Closing Date. The descriptions and
summaries of various documents set forth herein, because of their brevity, do not purport to set forth t~
complete details of all the terms and conditions contained within the documents, and are qualifIed in their
entirety by reference to each such document. Terms used but not expressly defined herein are defined in the
respective documents, copies of which may be reviewed during the period of this offering at the offices of the
Underwriter in Minneapolis, Minnesota, and thereafter at the principal corporate office of the Trustee in Saint
Paul, Minnesota.
e
ISSUER AUTHORITY
The Issuer is a city duly organized under its home rule charter and the Constitution and laws
of the State of Minnesota.
The Issuer has consented to the use of this Official Statement but has not participated in the
preparation of or reviewed the information contained herein and assumes no responsibility for the accuracy,
completeness or sufficiency hereof.
THE COMPANY
The Company is a Delaware corporation organized in 1925 as the successor to two wholesale
grocery firms established in the 1870's. The Company is the nation's largest food wholesaler and
approximately 14th largest food retailer. It is primarily engaged in the business of selling food and nonfood
products at wholesale and is the principal supplier to approximately 4,650 stores in 47 states. In addition, the
Company also operated at fiscal year end 295 retail food supermarkets, discount food superstores, combination
stores, limited-assortment and other stores, primarily under the names of Cub Foods, Shop'n Save, Save-A-Lot,
Scott's, Laneco, Hornbacher's, Twin Valu, Ultra IGA and MAX Club. Additional information about the
Company, including selected consolidated financial information and a description of the Company's business,
is contained in Appendix A to this Official Statement, which Appendix A is deemed a part of this Official
Statement.
The Company is subject to the informational requirements of the Securities Exchange Act
of 1934 (the "Exchange Act") and in accordance therewith files reports, proxy statements and other information e
698859.1
2
e
with the Securities and Exchange Commission (the "Commission"). Certain of these reports are incorporated
by reference in the Official Statement by Appendix A hereto, all as further described in Appendix A to this
Official Statement. All such reports, proxy statements and other information are available as further provided
in Appendix A
. The Company has its principal executive offices at 11840 Valley View Road, Eden Prairie,
Minnesota 55344.
THE FACILITY FINANCED BY THE PRIOR BONDS
Proceeds of the Prior Bonds in the original principal amount of $5,500,000 were lent by the
City to the Company to finance the costs of acquisition, construction and equipping of a retail food store (the
"Facility") located in the City, and to pay certain costs of issuing the Prior Bonds.
PLAN OF REFINANCING
$5,500,000 of the Prior Bonds will be outstanding on the date of delivery of the Bonds. The
proceeds of the Bonds, together with certain other Company funds, will be used to refund the Prior Bonds on
October 1, 1994 at a redemption price equal to the outstanding principal amount thereof plus a premium
equal to _ % of the outstanding principal amount thereof. The Company will pay from its own funds the
costs and expenses of issuing the Bonds, including the Underwriter's compensation, interest to accrue on the
Prior Bonds to the date of redemption of the Prior Bonds, and the premium.
THE BONDS
e
Certain of the information contained herein relates to the Bonds only during the Variable
Rate Period and prior to the date of conversion, if any, to a fixed interest rate.
General
The Bonds will be issued in fully registered form in denominations of $100,000 or any integral
multiple thereof. The Bonds will mature on October 1, 2009 and will bear interest from and including the
date of initial delivery thereof until payment of the principal is made or provided for in accordance with the
provisions of the Indenture, whether at maturity, upon redemption, or otherwise. Prior to the conversion of
the interest rate on the Bonds to a fixed rate as provided for below, interest on the Bonds shall be computed
at the Variable Rate described below on the basis of a 365 or 366-day year, as applicable, for the number of
days actually elapsed. The period prior to conversion, if any, to a fixed interest rate is referred to as the
"Variable Rate Period." During the Variable Rate Period, interest is payable on the first Business Day of each
month (each, an "Interest Payment Date"), commencing October 3,1994 to the Holders of the Bonds as such
appear on the Bond Register as of the close of business on the Business Day immediately preceding such
Interest Payment Date.
First Trust National Association is the Trustee under the Indenture and has its principal
corporate trust office in Saint Paul, Minnesota. The Trustee has been appointed Registrar and Paying Agent
under the Indenture. The Remarketing Agent has been appointed Indexing Agent and Tender Agent under
the Indenture. The Trustee and the Remarketing Agent are DTC Participants, all as more fully explained
under the caption "Book,-Entry Only System" below.
Book-Entry Only System
e
The Depository Trust Company, New York, New York ("DTC") will act as secunues
depository for the Bonds. The ownership of one fully registered Bond in the principal amount of $5,500,000
will be registered in the name of Cede & Co., as nominee for DTC. DTC is a limited-purpose trust company
organized under the laws of the State of New York, a member of the Federal Reserve System, and a "clearing
698859.1
3
agency" registered pursuant to the provisions of Section 17 A of the Securities Exchange Act of 1934, as
amended. DTC was created to hold securities of its Participants (the "DTC Participants") and to facilitate the _
clearance and settlement of securities transactions among DTC Participants in such securities through .,
electronic book-entry changes in accounts of the DTC Participants, thereby eliminating the need of physical
movement of securities certificates. DTC Participants include securities brokers and dealers, banks, trust
companies, clearing corporations, and certain other organizations, some of whom (and/or their representatives)
own DTC. The Trustee and Remarketing Agent are each DTC Participants. Access to the DTC system is also
available to others such as banks, brokers, dealers and trust companies that clear through or maintain a
custodial relationship with a DTC Participant, either directly or indirectly.
Ownership interests in the Bonds may be purchased by or through DTC Participants. Such
DTC Participants and the persons for whom they acquire interest in the Bonds as nominees will not receive
certificated Bonds, but each DTC Participant will receive a credit balance in the records of DTC in the amount
of the DTC Participant's interest in the Bonds, which will be confirmed by an initial-transaction statement
stating the details of the Bonds in which such DTC Participant has an interest. Each person for whom a DTC
Participant acquires an interest in the Bonds, as nominee, may desire to make arrangements with such DTC
Participant to receive a credit balance in the records of such DTC Participant, and may desire to make
arrangements with the DTC Participant to have all notices of redemption or other communications to DTC,
which may affect such persons, to be forwarded in writing by such DTC Participant and to have notification
made of all interest payments. For so long as DTC or its nominee, Cede & Co., is the Bondholder, payments
of interest will be made directly to such Bondholder. Disbursal of such payments to the DTC Participants is
the responsibility of DTC; disbursal of such payments to the Beneficial Owners (defined below) is the
responsibility of the DTC Participants and the indirect participants. NEITHER THE CITY, THE
COMP ANY, THE BANK, THE REMARKETING AGENT NOR THE TRUSTEE HAVE ANY
RESPONSIBILITY OR OBLIGATION TO SUCH DTC PARTICIPANTS OR PERSONS FOR WHOM
DTC P ARTICIP ANTS ACT AS NOMINEES, WITH RESPECT TO MAKING PAYMENTS ON, OR
PROVIDING NOTIC::S WITH RESPECT TO, THE BONDS.
For purposes of this Official Statement, the term "Beneficial Owner" shall mean the person
for which the DTC Participant acquires an interest in the Bonds. So long as Cede & Co. is the registered
owner of the Bonds, as nominee of DTC, unless otherwise specifically provided in this Official Statement,
Ieferences herein to the Bondholders or registered owners of the Bonds shall mean Cede & Co., as aforesaid,
and shall not mean the Beneficial Owners of the Bonds.
e
DTC will receive payments from the Trustee to be remitted to the DTC Participants for
subsequent disbursal to the Beneficial Owners. The ownership interest of each Beneficial Owner in the Bonds
will be recorded on the records of the DTC Participants, whose ownership interest will be recorded on a
computerized book-entry system operated by DTC.
Principal, premium, if any, and interest payments on the Bonds will be made to DTC or its
nominee, Cede & Co., as registered owner of the Bonds. Disbursal of such payments to the DTC Participants
is the responsibility of DTC; disbursal of such payments to the Beneficial Owners is the responsibility of the
DTC Participants and the indirect participants. Upon receipt of funds, DTC's current practice is to
immediately credit the accounts of the DTC Participants in accordance with their respective holdings as shown
on the records of DTC.
Payments by DTC Participants and indirect participants to Beneficial Owners will be governed
by standing instructions and customary practices, as is now the case with municipal securities held for the
accounts of customers in bearer form or registered in the name of a nominee, and will be the responsibility
of such DTC Participant or indirect participant and not of DTC, the Trustee, the Company, the Bank, the
Remarketing Agent or the Issuer, subject to any statutory or regulatory requirements as may be in effect from
time to time.
el
698859.1
4
e
e
!e
When reference is made to any action which is required or permitted to be taken by the
Beneficial Owners, such reference shall relate only to action by such Beneficial Owner or those permitted to
act (by statute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices
are given, they shall be sent by the Trustee to DTC only.
Beneficial Owners will receive a written confirmation of their purchase detailing the terms
of the ownership interests in the Bonds acquired. Transfers of ownership interests in the Bonds will be
accomplished by book-entries made by DTC and by the DTC Participants who act on behalf of the Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Bonds,
except as specifically provided in the Indenture. Interest and principal will be paid by the Trustee to DTC,
then paid by DTC to the DTC Participants and thereafter paid by the DTC Participants to the Beneficial
Owners when due.
For every transfer and exchange of the ownership interests in the Bonds, the Trustee, DTC
and the DTC Participants may charge the Beneficial Owner a sum sufficient to cover any tax, fee or other
governmental charge that may be imposed in relation thereto.
DTC may determine to discontinue providing its services with respect to the Bonds at any
time by giving notice to the City and the Trustee and discharging its responsibilities with respect thereto under
applicable law. Under such circumstances (if there is not a successor securities depository), replacement Bonds
are required to be delivered as described in the Indenture. The Beneficial Owner upon registration of Bonds
held in the Beneficial Owner's name will become the Bondholder and payments on the Bonds will be paid by
the Trustee directly to each registered Bondholder.
The Company may determine that continuation of the system of book-entry transfers through
DTC (or a successor securities depository) is not in the best interests of the Beneficial Owners. In such event,
replacement Bonds will be required to be delivered to the Beneficial Owners as described in the Indenture.
Interest on the Bonds During Variable Rate Period
The Bonds will initially be dated as of the date of first delivery of fully executed and
authenticated Bonds. The Bonds will initially bear interest at the Variable Rate determined by the Indexing
Agent and effective on the date of delivery of the Bonds. The Indexing Agent will deliver notice of the initial
Variable Rate to each purchaser via facsimile on the date of delivery of the Bonds. The initial Variable Rate
will remain in effect through September 27, 1994. Thereafter, the Bonds will bear interest at the Variable
Rate determined by the Indexing Agent for each weekly period. Each weekly period will begin on a
Wednesday and end on the following Tuesday. The Variable Rate for each weekly period will be determined
on each Tuesday (or the preceding Business Day if Tuesday is not a Business Day) (the "Rate Determination
Date") effective on the following Wednesday.
During each weekly period, the Variable Rate will be the rate that the Indexing Agent, having
due regard for general financial conditions and such other general or special conditions as, in the judgment
of the Indexing Agent, may have a bearing on the interest rate borne by the Bonds, would, if borne by the
Bonds on the Rate Determination Date, be the interest rate that would result in the market price of the Bonds
being 100% of the principal amount thereof.
The determination by the Indexing Agent of the Variable Rate to be borne by the Bonds will
be conclusive and binding on the Holders of the Bonds, the City, the Company and the Bank. Failure by the
Trustee to give any notice described herein, or any defect therein, shall not affect the interest rate borne by
the Bonds or the rights of the Holders thereof.
In the event that the Indexing Agent is unable, or fails, to determine the Variable Rate for
any week, the Trustee will set the interest rate on the Bonds for succeeding weeks, and from time to time at
the rate determined by the Company or by a financial institution selected by the Company.
698859.1
5
Optional Tender and Purchase During Variable Rate Period
During the Variable Rate Period, any Bond is required to be purchased by the Company if
(i) the Holder or Beneficial Owner thereof delivers to the Tender Agent at its principal office a written notice
(the "Optional Tender Notice") which states the aggregate principal amount of such Bond or Bonds to be
tendered and states the date on which such Bond or Bonds are to be purchased (the "Optional Tender Date"),
which date is required to be a Business Day not prior to the seventh calendar day next succeeding the date
of delivery of such notice to the Tender Agent, and (ii) the Bond is either delivered by the Holder to the
Trustee or deposited by the Remarketing Agent into the Trustee's DTC account. Upon receipt by the Tender
Agent of such Optional Tender Notice, the Tender Agent shall notify the Company, the Trustee and the
Remarketing Agent (if different from the Tender Agent) of the principal amount of the Bond or Bonds to be
purchased by the Company pursuant to said Optional Tender Notice and the date for such purchase by the
Company. Any Bond so tendered will be purchased by the Company at a price of par plus accrued interest.
The purchase price of tendered Bonds will be paid from proceeds of the remarketing of the
tendered Bonds, if available, and in any event from funds paid by the Company to the Trustee on or before
the Optional Tender Date sufficient to pay the purchase price of the tendered Bonds. ,So long as the Standby
Letter of Credit is outstanding, if the Company fails to provide funds to purchase tendered Bonds, the Trustee
will draw on the StanG!)y Letter of Credit amounts necessary to purchase such tendered Bonds. While the
Bonds are held by DTC or its nominee, all transfers and exchanges of ownership interests in the tendered
Bonds will be processed on a book-entry basis through DTC. Payment of the purchase price will be made by
the DTC Participant to the Beneficial Owner tendering the Bonds upon receipt by the Trustee of sufficient
funds from the Company. The Trustee will deliver such funds to DTC only upon deposit, in the Trustee's
DTC account, of the Bonds to be tendered by 12:00 noon, Saint Paul time, on the Optional Tender Date. IJ)-
the event the book-entry only system is terminated, the Bondholder tendering Bonds must deliver such Bond
or Bonds, with an instrument of transfer in form satisfactory to the Tender Agent, to the Tender Agent at its
principal office by 12:00 Noon, Saint Paul time, on the Optional Tender Date. If such Bond is not delivered
prior to such time, it will nevertheless be "deemed tendered" on the Optional Tender Date.
Conversion to Fixed Rate; Interest on the Bonds After Conversion Date
At the request of the Company, the interest rate borne by the Bonds shall be fIXed at a rate
determined by the Indexing Agent not more than 15 days prior to the effective date of such change. The fIXed
rate will be the rate that the Indexing Agent determines, having due regard for financial, general or other
special conditions which the Indexing Agent judges to have a bearing on the interest rate borne by the Bonds,
would result in the market price of the Bonds being 100% of the principal amount thereof on the date of
determination. The fIXed rate will remain in effect until the Bonds are paid or discharged. In such event,
interest on the Bonds snaIl be computed on the basis of a year of 360 days and twelve months of 30 days each
and will be payable on April 1 and October 1 in each year by check or draft mailed by the Trustee to the
persons in whose name the Bonds are registered as of the close of business on the 15th day (whether or not
a business day) of the month preceding each Interest Payment Date. Upon the establishment of a fixed rate
of interest pursuant to this paragraph, the Trustee shall endorse on the Bonds the interest rate to be borne
by the Bonds until paid or discharged.
Mandatory Tender Upon Conversion
e
e
Not less than 30 days before the Conversion Date, the Trustee is to notify all Holders in
writing of the Conversion Date and the minimum Fixed Rate that the Indexing Agent has determined the
Bonds will bear from and after the Conversion Date. Except as hereafter described, the Bonds must be
tendered by the Holders thereof for purchase on the Conversion Date (the "Mandatory Tender Date").
Holders who decide to continue to own such Bonds after the Mandatory Tender Date must deliver to the
Tender Agent, at least fifteen (15) days prior to the Mandatory Tender Date, notice of their decision to
continue to own such Bonds. Holders who fail to provide the Tender Agent with such notice shall be required
to tender their Bonds for purchase at a price equal to their principal amount, plus accrued interest thereon e
698859.1
6
e
to the Mandatory Tender Date. Interest on any Bond that the Holder has not elected to continue to own after
the Mandatory Tender Date and that is not tendered on the Mandatory Tender Date, but for which there has
been irrevocably deposited with the Tender Agent or the Trustee an amount sufficient to pay the purchase
price thereof, shall cease to accrue on the Mandatory Tender Date to or for the benefit of such Holder and
such Bonds shall be "deemed tendered" under the Indenture and the Trustee may issue a new Bond in lieu of
and in substitution for such Bond.
Redemption Prior to Maturity
The Bonds are subject to prepayment and redemption as follows:
Optional Redemption. The Bonds may be redeemed at the option of the Company, in whole
or in part and, if in part, by lot or such other method as the Trustee deems fair, on October 3, 1994 and the
first Business Day of any month thereafter at a price equal to their principal amount with accrued interest to
the redemption date. From and after the Conversion Date, the Bonds may be redeemed at the option of the
Company, in whole or in part and, if in part, by lot or such other method as the Trustee deems fair, on the
first Interest Payment Date occurring after one-half of the period from the Conversion Date to October 1,
2009 has elapsed, and on any Interest Payment Date thereafter, at a price equal to their principal amount with
accrued interest to the redemption date.
e
Mandatory Redemption Upon a Determination of Taxability. The Bonds are also subject to
redemption and prepayment and are required to be redeemed from payments required to be made by the
Company pursuant to the Loan Agreement in the event that the interest on the Bonds shall become includable
in the gross income of a Holder thereof for federal income tax purposes, other than by reason of tlie
application of Section 147(a) of the Internal Revenue Code of 1986, as amended (the "Code"), upon a
Determination of Taxability as provided in the Loan Agreement. In such event the Bonds shall be redeemed
and prepaid on the first Interest Payment Date at least forty-five days following the Determination of
Taxability at their principal amount with accrued interest to the date of redemption, plus, from and after the
Conversion Date, if the Determination of Taxability is a result of certain defaults by the Company under the
Agreement, a premium equal to three percent (3.00%) of the principal amount thereof. A Determination of
Taxability is defined as the issuance of a statutory notice of deficiency by the Internal Revenue Service, a ruling
from the National Office or any District Office of the Internal Revenue Service, or a final decision of a court
of competent jurisdiction, that holds in effect that the interest payable on the Bonds is includable for federal
income tax purposes in the gross income of a Holder of Bonds (other than a Holder who is a "substantial user"
of the Facility or a "related person," as such terms are defined in the Internal Revenue Code of 1954, as
amended), after the period, if any, for contest or appeal of such action or decision by the Company or any
Bondholder has expired without any such contest or appeal having been properly instituted by the Company
or a Bondholder, provided that the Company has been given notice of and the right to participate in such
proceedings. As provided in the Loan Agreement and the Indenture, no action or decision described in the
definition of "Determination of Taxability" shall give rise to a Determination of Taxability unless the Company
has been given written notice and, if it is so desired and is legally allowed, has been given the opportunity to
contest the same, either directly or in the name of any Bondholder, and until conclusion of any appellate
review, if sought.
e
Extraordinary Optional Redemption. All Bonds are subject to redemption and prepayment, in
whole but not in part, at a price equal to their principal amount with accrued interest to the date of
redemption, and upon direction of the Company, upon occurrence of any of the following events: (a) all or
substantially all the Facility shall have been damaged or destroyed to such extent that, in the reasonable
opinion of the Company or the owner of the Facility, the repair and restoration thereof would not be
economical; (b) the condemnation of all or substantially all the Facility or the taking by eminent domain of
such use or control of the Facility as to render it unsatisfactory to the Company or the owner of the Facility
for its intended use for a period of time longer than one year; or (c) as a result of changes in the Constitution
or laws of the United States or the State of Minnesota, or legislative, administrative or judicial action, state
or federal, the covenants contained in the Agreement become impossible of performance, or unreasonable
698859,1
7
burdens or excessive liabilities shall have been imposed upon the Company or the owner of the Facility with
respect to the Facility, all as specified in the Loan Agreement. See "THE LOAN AGREEMENT. Casualty A
or Condemnation. Company Options." ..
Notice of Redemption. Notice of redemption of any Bond shall be published as required by law
and mailed not less than thirty days before the redemption date to each Holder of a Bond to be redeemed,
but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for
redemption of any Bond not affected by such defect or failure. All Bonds so called for redemption and for
which deposit of funds for redemption has been made, except for the purpose of payment, shall no longer be
protected by the Indenture and shall not be deemed outstanding under the provisions of the Indenture.
Accekralion. In addition to the foregoing, the Bonds may be subject to acceleration and
prepayment upon the occurrence of an Event of Default under the Indenture as more fully described under
the caption "THE INDENTURE. Events of Default" contained in this Official Statement.
SECURIlY FOR THE BONDS
Limited Obligations
The Bonds are special, limited obligations of the City and will not constitute or give rise to
a pecuniary liability of the City or a charge against its general credit or taxing powers. No Bond owner will
have the right to demand payment of the principal of, premium, if any, interest on, or the purchase price of,
the Bonds out of any funds to be Iaised from taxation or from any sources of revenue other than tho~
expressly pledged to the payment of the Bonds.
Assignment of Company Payments Under Loan Agreement
Under the Indenture, the City will pledge, assign and create a security interest in certain of
its interests in the Loan Agreement (including the loan repayments payable thereunder to the City by the
Company) to and in favor of the Trustee to secure the Bonds. The loan repayments due under the Loan
Agreement are required to be paid by the Company directly to the Trustee and will be sufficient, if paid
promptly and in full, to enable the Trustee to make the required payments of principal of, premium, if any,
interest on, and the purchase price of, the Bonds as the same become due, at maturity, upon purchase,
redemption and prepayment or otherwise. Pursuant to the Indenture, the Trustee will be authorized to
exercise the rights of the City and enforce the obligations of the Company under the Loan Agreement.
--
Standby Letter of Credit
Pursuant to the Agreement to Provide Letter of Credit and the Standby Letter of Credit
Reimbursement and Security Agreement dated as of September 1, 1994, by and between the Company and the
Bank (the "Reimbursement Agreement"), the Company will cause the Bank to issue its Standby Letter of
Credit to the Trustee to secure payment of the principal of, interest on, and purchase price of, the Bonds (but
not premium, if any, thereon). The Agreement to Provide Letter of Credit is subject to termination at the
option of the Company upon 30 days' notice to the Trustee. The Standby Letter of Credit will expire on
November 5, 1995, subject to earlier termination, including termination of the Agreement to Provide Letter
of Credit, or extension. See "THE BANK AND THE STANDBY LEITER OF CREDIT" in this Official
Statement.
No Reserve Fund
No reserve fund secures the Bonds.
e
698859.1
8
Defeasance and Release of Security
e
Upon certain terms and conditions specified in the Indenture, the Bonds shall be deemed to
be paid and the security for the Bonds provided in the Indenture may be discharged prior to the maturity or
redemption thereof upJn provision for the payment of such Bonds in the manner set forth in the Indenture.
(See "THE INDENTURE.Discharge of Lien.") In that case, the Bonds will be secured by the cash or United
States Government securities deposited with the Trustee.
INVESTMENT CONSIDERATIONS
Bonds Not Secured by Mortgage or Security Interest
The Bonds are not secured by any mortgage on, or security interest in, the Facility or any
other real or personal property of the Company, but are secured solely by loan repayments to be received by
the Trustee from the Company and, so long as the Standby Letter of Credit is outstanding, payments made
pursuant to the Standby Letter of Credit.
Bankruptcy of Company
e
Loan repayments by the Company to the Trustee necessary to pay the principal of, premium,
if any, interest on, and purchase price of, the Bonds are payable by the Company to the Trustee on or before
the payment dates on the Bonds. In the event of Company bankruptcy, certain loan repayments may ~e
considered preferential payments by the Company under applicable bankruptcy laws and consequently voidabie
and recoverable from Bondholders by the bankruptcy trustee. Bankruptcy proceedings and equity principles
may also delay or otherwise adversely affect the enforcement of Bondholders' rights. Remedies under the
Indenture under existing law may not be readily available or may be limited. Bankruptcy proceedings and
usual equity principles may also limit any attempt by the Trustee to seek payment from properties of the
Company. The bankruptcy court may also have the power to invalidate certain provisions of the Loan
Agreement that make bankruptcy and related proceedings by the Company an event of default thereunder.
Standby Letter of Credit of Limited Coverage
The Standby Letter of Credit is subject to certain expiration and termination provisions as
described herein. In addition, the Standby Letter of Credit is not structured or sized to provide sufficient
funds to pay the principal and interest on the Bonds as well as reimburse Bondholders for any preferential
payments of interest made by the Company that may be voidable in the event of the bankruptcy of the
Company.
Remedies
The Ponds are secured solely by the payments to be made by the Company pursuant to the
Loan Agreement, and the practical realization of such security upon any default will depend upon the exercise
of various remedies specified by the Indenture and the Loan Agreement. These and other remedies are in
many respects dependent upon judicial actions, which are often subject to discretion and delay. Under existing
constitutional, statutory and judicial law, the remedies specified by the Indenture and the Loan Agreement
may not be readily available or may be limited. A court may decide not to order the specific performance of
covenants contained in such documents.
e
698859.1
9
THE BANK AND THE STANDBY LEITER OF CREDIT
e
The Agreement to Provide Letter of Credit
The Company will maintain the Standby Letter of Credit with the Trustee until the
Agreement to Provide Letter of Credit is terminated as discussed below. Not less than 20 days prior to the
stated expiration date of the Standby Letter of Credit, the Company will provide to the Trustee an extension
of the expiration date thereof or a replacement or substitute letter of credit, substantially in the form of the
then existing Standby Letter of Credit, issued by a commercial bank. In the event that a replacement or
substitute letter of credit is delivered by the Company, the Trustee will notify all Bondholders of the identity
of the issuing bank not less than 15 days prior to the expiration date of the then existing Standby Letter of
Credit.
If, while the Agreement to Provide Letter of Credit is in effect, a letter of credit is scheduled
to expire within 15 days and no replacement or substitute letter of credit has been provided to the Trustee,
the Trustee will notify all Bondholders of the scheduled expiration of the Standby Letter of Credit, of the
consequent drawing thereunder and of the fact that, 30 days after the date of such drawing, all money drawn
thereunder and not applied to the payment of principal, interest or purchase price of the Bonds shall be
returned to the Bank.
If, while the Agreement to Provide Letter of Credit is in effect, the Trustee receives a notice
from the Bank stating that an event of default has occurred and is continuing under the Reimbursement
Agreement and that the Standby Letter of Credit will be terminated by the Bank twenty (20) days from the
date of such notice (a "Notice of Termination"), the Trustee will notify all Bondholders of the receipt of tbe
Notice of Termination, of the consequent drawing under the Standby Letter of Credit and of the fact that, 3"0
days after the date of such drawing, all money drawn thereunder and not applied to the payment of principal,
interest or purchase price of the Bonds shall be returned to the Bank.
e
The Agreement to Provide Letter of Credit will terminate 30 days after the Company delivers
a written notice of termination to the Trustee. Upon the receipt of such notice, the Trustee shall immediately
notify all Bondholders and, upon the termination of the Agreement to Provide Letter of Credit (but not earlier
than 15 days after giving such notice), release the Standby Letter of Credit to the Bank for termination.
The Standby Letter of Credit
The Standby Letter of Credit will be issued no later than the dat~ of delivery of the Bonds.
The Standby Letter of Credit will be in an amount equal to the aggregate principal amount of the Bonds plus
an amount equal to 46 days' interest on the Bonds, computed as if the Bonds bore interest at the rate of
twelve percent(12%) per annum (notwithstanding the actual rate borne by the Bonds from time to time) and
based on a 365 day year. The Standby Letter of Credit is stated to expire, subject to earlier termination, on
November 5, 1995 (the "Initial Expiration Date"). Thereafter, the term of the Standby Letter of Credit will
be automatically extended for successive periods of one calendar month each. The Standby Letter of Credit
will terminate as follows: (i) the 5th day of the 13th month following the receipt by the Company and the
Trustee of a Notice of Non-Extension from the Bank, (ii) the date on which the principal amount of and
interest on the Bonds shall have been paid in full, (iii) the second business day following conversion of the
interest rate on the Bonds from a variable rate to a fIxed interest rate pursuant to the Indenture, (iv) the date
the Standby Letter of Credit is surrendered to the Bank for cancellation, (v) the 20th day following the date
on which the Bank issues a Notice of Termination to the Trustee and the Company or (vi) the date the Bank
honors the fInal drawing under the Standby Letter of Credit. The Bank may determine to extend the Standby
Letter of Credit in its sole discretion, and no circumstances will require the Bank to extend the Standby Letter
of Credit. Expiration or termination of the Standby Letter of Credit will not constitute an Event of Default
under the Indenture '~r the Loan Agreement and will not cause a prepayment, redemption, mandatory
purchase or acceleration of the Bonds. e
698859.1
10
e
e
e
The Standby Letter of Credit provides that the Trustee may request a payment under the
Standby Letter of Credit due to failure of the Company to make a payment of principal or interest when due
pursuant to the Loan Agreement or in the event the Company has failed to make a payment for purchase of
tendered Bonds pursuant to the Loan Agreement.
As su, .Imarized below, an event of default under the Reimbursement Agreement may lead
to earlier termination of the Standby Letter of Credit on the date that is 20 days following the date of notice
from the Bank to the Trustee of such event of default.
The Reimbursement Agreement
The Reimbursement Agreement sets forth the terms under which any money drawn under the
Standby Letter of Credit is to be repaid to the Bank by the Company. Certain defaults by the Company under
the Reimbursement Agreement may lead to an early termination of the Standby Letter of Credit. However,
a default under the Reimbursement Agreement will not constitute a default under the Loan Agreement or the
Indenture and will not lead to prepayment, early redemption, mandatory purchase or acceleration of the
Bonds.
The occurrence of anyone or more of the following events will constitute an event of default
under the Reimbursement Agreement and may, at the Bank's sole discretion, lead to early termination of the
Standby Letter of Credit:
1. A failure by the Company to reimburse the Bank for amounts paid under the
Standby Letter of Credit in accordance with the terms of the Reimbursement
Agreement, and failure by the Company to make certain other payments to the Bank
due under the Reimbursement Agreement.
2.
Failure by the Company to perform or comply with the terms and conditions
contained in the Reimbursement Agreement and the continuance of such failure for
30 days after notice.
3. If any representations or warranties of the Company are false or misleading in any
material respect as of the date made.
4. In the event that any material provisions of the Reimbursement Agreement cease to
be valid and binding on the Company or are declared to be null and void or violative
of law.
5. The occurrence and the continuation of an Event of Default under the Indenture or
the Loan Agreement.
6. A bankruptcy or insolvency of the Company.
7. Default by the Company or any of its subsidiaries in the payment of any debt in a
principal amount of at least $10,000,000 when due and payable, or default by the
Company or any of its subsidiaries in the performance of covenants under any debt
in a principal amount of at least $10,000,000, the effect of which is to accelerate or
permit acceleration of such debt or debt in a principal amount of at least $10,000,000
is declared due an~ payable or required to be prepaid prior to stated maturity.
8. In the event the unsupported debt of the Company is at any time rated less than
Baa3 by Moody's or less than BBB- by Standard & Poor's.
698859.1
11
Upon the occurrence of any of the foregoing defaults under the Reimbursement Agreement,
the Bank may send a Notice of Termination to the Trustee and to the Company and may terminate the A
Standby Letter of Cre(~it on the 20th day after such notice. In such event, the Standby Letter of Credit will .
no longer support payments of the purchase price or repayment of principal and interest on the Bonds.
However, such termination will not result in prepayment, early redemption, mandatory purchase or
acceleration of the Bonds prior to maturity.
The Bank
Wachovia Bank of Georgia, National Association ("Wachovia Georgia"), with main offices
in Atlanta, Georgia, is a subsidiary of Wachovia Corporation of Georgia, a one-bank holding company with
direct and indirect subsidiaries engaged in banking and bank-related financial services. Wachovia Georgia
provides a full array of banking services through _ offices in Georgia, including _ banking centers in
the greater Atlanta metropolitan area. It also has a foreign branch at Grand Cayman. As of ,
1994, Wachovia Georgia had total assets of $ billion, net loans and lease financing receivables of
$ billion, and total deposits of $ billion. Wachovia Georgia will, upon written request, provide
to any person to whom this Notice is delivered a copy of the 1992 Wachovia Corporation Annual Report to
Shareholders. Written requests should be made to: Investor Relations, MC 31064, Wachovia Corporation,
Post Office Box 3099, 301 North Main Street, Winston-Salem, North Carolina 27150.
The information contained in the foregoing paragraph has been obtained from Wachovia
Georgia. The delivery of this Official Statement shall not create any implication that there has been no change
in the affairs of Wachovia Georgia since the date hereof, or that the information contained or referred to in
the foregoing paragraph is correct as of any time subsequent to this date.
THE LOAN AGREEMENT
The following is a summary of certain provisions of the Loan Agreement and is qualified in its
entirety by reference to the Loan Agreement.
e
Issuance of Bonds; Loan of Proceeds
The Loan Agreement provides that the City will lend the proceeds of the Bonds to the
Company to be applied, with other funds of the Company, to redeem the Refunded Bonds. All of the
proceeds from the sale of the Bonds will be applied to the payment of the Refunded Bonds and will not secure
the Bonds.
Term and Loan Repayments
The term of the Loan Agreement commences as of September 1, 1994 and extends to OctobeI
1, 2009, unless sooner terminated in accordance with the provisions thereof.
The Company agrees to repay with interest the loan made by the City by loan repayments
made at times and in amounts sufficient to pay in full the principal of, premium, if any, and interest on the
Bonds when due, at maturity or upon call for redemption or upon acceleration of maturity, under the
Indenture. The Company further agrees to pay (i) all fees and expenses of the Trustee for services rendered
under the Indenture and (ii) all reasonable expenses of the City in connection with the transactions
contemplated by the Loan Agreement and the Indenture. The Company also agrees to purchase any Bonds
tendered for purchase under the terms of the Indenture. The obligation of the Company to make loan
repayments under the Loan Agreement is unconditional.
e
698859.1
12
The Facility
e Title to the Facility. Title to the real and personal properties comprising the Facility will be
and remain in the Company, and the City, the Trustee and the Bondholders will have no mortgage, security,
or other interest therein. The Company may convey the Facility while the Bonds remain outstanding under
the Indenture so long as (1) the instrument of conveyance is not inconsistent with the provisions of the Loan
Agreement or the Indenture and (2) unless the Company is released from its obligations under the Loan
Agreement as described under the heading "The Loan Agreement - Release of Company From Obligations
Under the Loan Agreement" herein, the Company remains fully obligated and responsible under the Loan
Agreement.
Maintenance and Insurance. The Company agrees to pay, or cause to be paid, all expenses of
the operation and maintenance of the Facility, including but not limited to, adequate insurance thereon and
insurance against all liability for injury to persons or property arising from the operation thereof (provided
that the Company or the owner of the Facility may self-insure against any and all such risks) and all taxes and
special assessments levied upon or with respect to the Facility and payable during the term of the Loan
Agreement.
Special Covenants of the Company
e
Continuing Existence. The Company agrees to maintain its corporate existence, to continue
to be qualified to do business as a corporation in Minnesota and to not dissolve or otherwise dispose of all
or substantially all of its assets or consolidate or merge with another corporation; provided that the Company
may consolidate or merge with another United States corporation or sell or otherwise transfer to another
domestic corporation all or substantially all of its assets and thereafter dissolve, if the surviving, resulting or
transferee corporation as the case may be (if other than the Company), (i) is a wholly owned subsidiary of the
Company or (ii) assumes in writing all of the obligations of the Company under the Loan Agreement and has
a net worth immediately after the acquisition, consolidation or merger equal to at least 75% of the net worth
of the Company. Any such transfer is not to be undertaken if as a result thereof the exemption from federal
income taxation of the interest on the Bonds will be adversely affected thereby.
Indemnification. The Company agrees to indemnify and to save harmless the City and its
officers, agents and en,ployees from and against any and all losses, costs, charges, expenses, judgments and
liabilities incurred by it or them while it or they are acting in good faith to carry out the transactions
contemplated by the Loan Agreement and the Indenture, including but not limited to the issuance, sale and
marketing of the Bonds.
Tax Exemption. The Company agrees to comply with the applicable provisions of the Internal
Revenue Code of 1954, as amended and the Internal Revenue Code of 1986, as amended and the regulations
thereunder to the end of preserving exclusion from gross income of interest on the Bonds for purposes of
federal income taxation.
Casualty or Condemnation
Company to Replace or Restore. If part or all of the Facility is taken by eminent domain, or
destroyed or damaged, unless the Company exercises its option to accelerate payment of the loan and to direct
the redemption of all outstanding Bonds (see "Company Options" below), the Company agrees to replace,
repair, rebuild or restore the Facility to a condition suitable for the continued operations of the Facility.
e
Company Options. The Company may repay the loan in fuIl and direct the City to call for
redemption of all out~tanding Bonds, if (a) all or substantiaIly all of the Facility has been destroyed or
damaged to such an extent that in the reasonable opinion of the Company the repair and restoration thereof
would not be economical; (b) there is a condemnation of all or substantially all of the Facility or the taking
by eminent domain of such use or control of the Facility as to render it unsatisfactory to the Company for its
698859.1
13
intended use for a period longer than one year; or (c) as a result of any changes in the Constitution of the
United States or the State of Minnesota or of legislative or administrative action (whether state or federal) A
or of a final decree, judgment or order of any court administrative body (whether state or federal) the _
obligations of the Company under the Loan Agreement shall have become unenforceable or impossible of
performance, or unreasonable burdens or excessive liabilities shall have been imposed on the Company with
respect to the Facility.
Events of Default and Remedies
Events of DefaulJ. Any of the following is an Event of Default under the Loan Agreement:
(a) failure by the Company to make any loan repayment or payment to purchase
tendered Bonds when due;
(b) failure by the Company to pay when due of any of the other amounts
required to be paid under the Loan Agreement and such default continues for 30 days after
written notice is given to the Company by the City or the Trustee, or until the next
succeeding Interest Payment Date, whichever is sooner;
(c) failure by the Company to observe and perform, for reasons other than force
majeure, any other covenant, condition or agreement to be observed or performed by it under
the Loan Agreement for a period of 30 days after written notice is given to the Company by
the City or the Trustee, unless the City or the Trustee agree in writing to an extension of
such time prior to its expiration or for such longer period as may be reasonably necessary to
remedy such default, provided that the Company is proceeding with reasonable diligence to
remedy the default; or
(d) certain events of dissolution, liquidation, bankruptcy or reorganization
involving the Company.
e
Remedies. Upon the occurrence and continuation of an Event of Default, the City, with the
prior written consent of the Trustee, may declare the principal amount of the loan and all other indebtedness
under the Loan Agreement to be immediately due and payable. In the event the Company does not deposit
with the Trustee an amount sufficient to satisfy its obligations, the Trustee may take whatever action at law
or in equity may appear necessary or appropriate to collect the loan repayments then due and thereafter to
become due, or to enforce performance and observance of any obligation, agreement or covenant of the
Company under the Loan Agreement.
Amendments to Loan Agreement
Except as otherwise specifically provided in the Loan Agreement or in the Indenture, the
Loan Agreement may not be amended, changed, modified, altered or terminated without the written consent
of the Trustee. Pursuant to the provisions of the Indenture, the consent of the holders of not less than a
majority of the principal amount of all Bonds then outstanding is also required for any such amendment,
change or modification of the Loan Agreement, except for amendments, changes or modifications required
or permitted (1) by the provisions of the Loan Agreement or the Indenture, (2) for the purpose of curing any
ambiguity or formal defect or omission, (3) so as to identify more precisely property or substitute, add or
release property pursuant to the Loan Agreement, (4) to add to the covenants of the Company or to surrender
any right or power cor.:erred upon the Company, or (5) in connection with any other change therein which,
in the judgment of the Trustee, is not to the prejudice of the Trustee or the Bondholders.
e
698859.1
14
e
e
e
Release of Company From Obligations Under the Loan Agreement
At the request of the Company, the Trustee must release the Company of all its obligations
under the Loan Agreement upon the written assumption of all of such obligations by the assignee of the Loan
Agreement, but only if: (1) so long as the Bonds bear interest at a variable rate, not less than 30 days prior
to the effective date of the assignment, the Trustee gives notice to all Bondholders Ihat the Company will be
released from all its obligations under the Loan Agreement, such notice to be accompanied by such
information relating to the purchaser as may be material to a Bondholder in determining whether to tender
his Bonds for purchase; or (2) in the event the interest rate borne by the Bonds is fIxed, the holders of all
outstanding Bonds must have consented in writing to the release of the Company from its obligations under
the Loan Agreement. Any release shall not be effective until a signed opinion of nationally recognized bond
counsel is rendered and delivered to the Trustee that the exemption from federal income taxation of the
interest on the Bonds will not be adversely affected by (i) the release of the Company of its obligations under
the Loan Agreement and the Indenture, and (ii) the assumption by the assignee of the Loan Agreement of
all obligations under the Loan Agreement, and the Indenture.
THE INDENTURE
The following is a summary of certain provisions of the Indenture and is qualified in its entirety
by reference to the Indenture.
Pledge and Assignment
The City pledges and assigns to the Trustee in trust all rights and interest of the City in the
Loan Agreement, including loan repayments, but excluding its rights to indemnifIcation and reimbursement
of fees and expenses.
Among other covenants made by it, the City has agreed that so long as any of the Bonds are
outstanding, it will, and the Trustee may, enforce all rights of the City and all obligations of the Company
under the Loan Agree.nent for the benefIt of the holders of the Bonds.
Redemption Fund
The proceeds of the Bonds will be deposited in the Redemption Fund until transferred, with
any earnings from the investment thereof, to the holder of the Prior Bonds on January 1, 1994 to pay the
principal of the Prior Bonds and a portion of the interest accrued on the Prior Bonds to such date.
Bond Fund
The Trustee will deposit in the Bond Fund each of the periodic loan repayments and any
other money paid to the Trustee under the Loan Agreement or the Indenture for credit or transfer to the
Bond Fund. Money in the Bond Fund will be used and withdrawn by the Trustee solely to pay interest on the
Bonds when it becomes due and payable, to pay the principal amount of the Bonds at their respective stated
maturities, or to redeem or purchase Bonds in accordance with their terms and the provisions of the Indenture
with respecI to the Bonds (see "mE BONDS - Redemption Prior to Maturity").
Rebate Fund
There will be paid into the Rebate Fund any payments made by the Company pursuant to
the Loan Agreement representing amounts to be paid to the United States as arbitrage profIt under the
Internal Revenue Code of 1986, as amended.
698859.1
15
Investment of Funds
Except during the continuance of an Event of Default under the Indenture, money held as a
part of established funds under Indenture shall be invested or reinvested by the Trustee in such securities as ..
are authorized by applicable laws and specified by the Company. No investment is ever to be made by the
Trustee in such a manner as to cause the Bonds to be considered arbitrage bonds within the meaning Section
148 of the Internal Revenue Code of 1986, as amended. The Trustee will sell investments as and when
required to make any payment for the purpose for which such investments are held. An investment will be
credited to the respective fund for which it is held, and profit realized or any loss resulting from such
investment shall be credited or charged to the fund from which the investment made. The Trustee may
purchase securities from or sell securities to itself or an affiliate, as principal or agent.
Discharge of Lien
The lien of the Indenture will be discharged if the Company pays or causes to be paid to the
Trustee, for the holders of the Bonds, the principal and interest to become due thereon at the times and in
the manner stipulated in the Indenture, and if the City shall keep, perform and observe all and singular the
covenants and promises in the Bonds and in Indenture expressed to be kept, performed and observed by it on
its part, and if all fees and expenses of the Trustee required by the Indenture to be paid have been paid.
Bonds will be deemed to be paid if there is irrevocably deposited in escrow with the Trustee
cash or securities that are general obligations of the United States of America or that are unconditionally
guaranteed as to payment by the United States of America, in such aggregate face amount, bearing interest
at such rates and maturing on such dates as will be sufficient, with any cash also irrevocably deposited ilJ.
escrow, without reinvestment, to provide amounts sufficient to pay all principal and interest and redemption
premium, if any, due on the Bonds to their stated maturity dates or to an earlier date upon which they are
to be redeemed prior to maturity in accordance with their terms, provided that notice of such redemption has
been duly given as required by the Indenture, or the Trustee has been given irrevocable instructions, in form a.
satisfactory to the Trustee, to give such notice at the time and in the manner herein required. _
Events of Default; Remedies
Eyents of Defau/J. Any of the following events is an "Event of Default" under the Indenture:
(1) default in the due and punctual payment of interest on any Bond; or
(2) default in the due and punctual payment of the principal of any Bond,
whether at the stated maturity thereof, or at the date fixed for the redemption thereof, or
upon the maturity thereof by acceleration, plus redemption premium, if any; or
(3) default in the due and punctual payment of any amount to be paid to
Bondholders upon tender of a Bond for purchase; or
(4) default in the due and punctual payment of any other money required to be
paid to the Trustee under the provisions of the Indenture and failure to remedy such default
within thirty (30) days after notice given pursuant to the terms of the Indenture; or
(5) default in the performance or observance of any of the other covenants,
agreements or conditions on the part of the City in the Indenture or in the Bonds and failure
to remedy such default within thirty (30) days after notice thereof pursuant to the Indenture;
or
(6) an Event of Default under the Loan Agreement.
e
698859.1
16
_
Acceleration and other Remedies. Upon the occurrence and continuation of an Event of
Default, the Trustee may, and shall, at the written request of the holders of at least 25 percent in aggregate
principal amount of the Bonds outstanding, declare the principal of all outstanding Bonds due and payable,
and such principal shall become immediately due and payable. The Trustee may also pursue any available
remedy by suit at law or in equity to enforce the covenants of the City in the Indenture, and may pursue such
appropriate judicial proceedings as the Trustee deems most effective to protect and enforce, or aid in the
protection and enforce'llent of, the covenants and agreements in the Indenture and the Loan Agreement.
Upon the written request of the holders of not less than 25 percent in aggregate principal
amount of the outstanding Bonds and receipt of satisfactory indemnity, the Trustee must pursue a particular
remedy under the Indenture or any remedies available under the Loan Agreement; provided, however, that
the Trustee may decline to pursue such action, when advised by its counsel that to do so would be unlawful,
or if it determines that such action would be prejudicial to Bondholders not parties to the request.
Holders of a majority in aggregate principal amount of the Bonds outstanding under certain
conditions may direct the method and place conducting all proceedings under the Indenture provided that such
direction is not contrary to law or the provisions of the Indenture and is not prejudicial, in the determination
of the Trustee, to the Bondholders not taking part in such direction.
Rights and Remedies. No holder of the Bonds may institute any suit or proceedings to enforce
the Indenture unless an Event of Default arises and the Trustee receives the requisite request and notice from
the Bondholders, is given satisfactory indemnity, and thereafter fails or refuses to institute the action. Nothing
in the Indenture is intended to impair the rights of Bondholders to enforce payment of principal of, premium,
if any, and interest of the Bonds at and after maturity. -
e
Waive, of Events of Defauk. Upon certain conditions, the Trustee may in its discretion waive
any Event of Default and rescind any declaration of maturity of principal, and shall waive an Event of Default
upon written request of the holders of a majority in aggregate principal amount of all outstanding Bonds;
provided that any default arising from the nonpayment of principal of, interest on, or purchase price of any
outstanding Bonds shall not be waived unless all principal, interest and purchase price in arrears, together with
interest thereon (to the extent lawful), and all fees and expenses of the Trustee have been paid.
Supplemental Indentures
The Trustee and the City may enter into supplemental indentures withouI consent of or notice
to the holders of the Bonds for anyone of the following purposes: (1) to cure any ambiguity or formal defect
or omission in the Indenture; (2) to grant to the Trustee for the benefit of the Holders of the Bonds any
additional rights; (3) to subject to the lien and pledge of the Indenture additional revenues, properties or
collateral; (4) to evidence the appointment of a separate trustee, co-trustee or the succession of a new Trustee;
(5) to modify, eliminate or add to the provisions of the Indenture to effect the qualification of the Indenture
under the Trust Indenture Act of 1939, as then amended, or under any similar federal statute hereafter
enacted; (6) to make any change in the Indenture that is necessary for the remarketing of the Bonds and, in
the opinion of nationally recognized bond counsel, will not cause the interest on the Bonds to be includable
in gross income of the Holders thereof for federal income tax purposes; or (7) to make any other change in
the Indenture that, in tne judgment of the Trustee, is not to the prejudice of the Trustee or the holders of the
Bonds.
e
Exclusive of supplemental indentures for the purposes set forth in the preceding paragraph,
with the consent of the Holders of not less than a majority in aggregate principal amount of the Bonds then
outstanding, the Trustee shall join with the City to approve any supplemental indenture, except no such
supplemental indenture shall permit or be construed to permit, except with the consent of the Holders of all
outstanding Bonds affected thereby; (1) an extension of the maturity of the principal of, or the interest on,
the Bonds; (2) a reduction in the principal amount of, or redemption premium on, any Bond, or the rate of
interest thereon; (3) a privilege or priority of any Bond or Bonds over any other Bond or Bonds; (4) a
698859.1
17
reduction in the principal amount of the Bonds required for consent of such supplemental indenture; (5) the
creation of any lien ranking prior to or on a parity with the lien of the Indenture on the trust estate or any
part thereof, except as thereinbefore expressly permitted; (6) the Holder of any Bond then outstanding to be e
deprived of the lien thereby created on the trust estate; (7) a change in the terms of the purchase of any Bond
by the Company; or (~~ the modification of any of the provisions of the Indenture described in this paragraph.
TAX EXEMPTION AND RELATED CONSIDERATIONS
Tax Exemption
In the opinion of Dorsey & Whitney, 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 or
trusts for Minnesota income tax purposes; provided that no opinion will be expressed as to interest on any
Bond for any period during which it is owned by a person who is a "substantial user" of the Facility or a
"related person" of such substantial user within the meaning of Section 103(b)(13) of the Internal Revenue
Code of 1954, as amended (the "1954 Code"). In rendering this opinion, Dorsey & Whitney will rely upon
certificates provided by the Company as to the nature, use, cost and useful life of the Facility, the application
of the proceeds of the Refunded Bonds, the capital expenditures paid or incurred with respect to facilities
located in the City, the outstanding "industrial development bonds" and "qualified small-issue bonds" under
the 1954 Code and the Internal Revenue Code of 1986, as amended (the "Code") and other matters relating
to the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation. .
Certain sections of the Code and the 1954 Code 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 gross
income for purposes of federal and in taxable net income of individuals, estates and trusts for purposes of
Minnesota income taxation. Noncompliance with such requirements may cause the interest on the Bonds to
be includable in gross income for purposes of federal income taxation and in taxable net income of individuals,
estates and trusts for purposes of Minnesota income taxation, either prospectively or retroactive to the date
of issuance of the Bonds. These requirements include, but are not limited to, (1) provisions that prescribe
that the proceeds of the Bonds and certain other amounts are subject to yield and other investment restrictions
and (2) provisions that require certain investment earnings to be paid on a periodic basis to the Treasury
Department of the United States. The Loan Agreement and the Indenture contain provisions (the "Tax
Covenants") including covenants of the City and the Company, pursuant to which, in the opinion of Bond
Counsel, such requirements can be satisfied. Assuming compliance with the Tax Covenants and on the basis
of the certifications to be furnished at closing and existing law, Dorsey & Whitney will render the legal opinion
described in the preceding paragraph. A form of such opinion is included in Appendix B to this Official
Statement. If a Determination of Taxability occurs, the Bonds are subject to mandatory redemption at par
plus accrued interest to the redemption date and, from and after the Conversion Date, if the Determination
of Taxability results from certain defaults by the Company under the Loan Agreement, a premium equal to
3.00% of the original principal amount of the Bonds. (See "THE BONDS-Redemption-Mandatory Redemption
upon a Determination of Taxability.")
Related Federal and Minnesota Tax Considerations
e
Interest on the Bonds is not an item of tax preference for purposes of the federal and
Minnesota alternative minimum taxes but is includable in adjusted current earnings in determining the
alternative minimum taxable income of corporations for purposes of the federal and Minnesota alternative
minimum taxes and the environmental tax imposed by Section 59A of the Code. 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. 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 to be paid on the Bonds that is e
698859.1
18
e
e
ie
received or accrued during the taxable year. Section 86 of the Code and corresponding provisions of
Minnesota law require recipients of certain social security and railroad retirement benefits to take into account
interest on the Bonds in determining the taxability of such benefits. Passive investment income, including
interest on the Bonds, may be subject to federal and Minnesota income taxation under Section 1375 of the
Code and correspondil"~ provisions of Minnesota law for an S corporation that has Subchapter C earnings and
profits at the close o! the taxable year if greater than twenty-five percent of its gross receipts 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, and Minnesota law similarly denies a deduction for such interest
expense in the case of individuals, estates and trusts. Indebtedness may be allocated to the Bonds for this
purpose, even though not directly traceable to the purchase of the Bonds. Federal and Minnesota laws also
restrict the deductibility of other expenses allocable to the Bonds. In the case of a financial institution, no
deduction is allowed under the Code for that portion of the holder's expense allocable to interest on the
Bonds within the meaning of Section 265(b) of the Code.
TIlE FOREGOING IS NOT INTENDED TO BE AN EXHAUSTIVE DISCUSSION OF
COLLATERAL TAX CONSEQUENCES ARISING FROM RECEIPT OF INTEREST ON TIlE BONDS.
BONDHOLDERS SHOULD CONSULT TIlEIR TAX ADVISORS WITIl RESPEcr TO TIlE
CALCULATIONS OF ALTERNATIVE MINIMUM TAX, ENVIRONMENTAL TAX OR FOREIGN
BRANCH PROFITS TAX LIABILITY, TIlE INCLUSION OF SOCIAL SECURITY OR OTIlER
RETIREMENT PAYMENTS IN TAXABLE INCOME AND OTIlER COLLATERAL TAX
CONSEQUENCES.
LEGAL MATTERS
The validity of the Bonds, the tax-exempt status of interest thereon and certain other matters
will be passed upon by Dorsey & Whitney, of Minneapolis, Minnesota. Executed copies of such opinion will
be available at the time of delivery of the Bonds. Certain legal matters pertaining to the Company will be
passed upon by Dorsey and Whitney, Minneapolis, Minnesota. Certain legal matters pertaining to the Bank
will be passed upon by Womble Carlyle Sandridge & Rice, Winston-Salem, North Carolina. Certain legal
matters pertaining to the City, as Issuer, will be passed upon by
Minnesota. The Underwriter has been represented by Briggs and Morgan, Professional Association.
UNDERWRITING
Piper Jaffray Inc. (the "Underwriter") has agreed, subject to the terms of a Bond Purchase
Agreement, to purchase the Bonds from the City at an aggregate purchase price of $5,500,000. Pursuant to
the Bond Purchase Agreement, the Company will pay to the UndelWTiter a fee of $ ( % of
principal amount) in connection with the purchase and sale of the Bonds. The Bonds are being offered for
sale to the public at the price shown on the cover of this Official Statement. Concessions from the initial
price may be allowed to selected dealers and special purchasers. The initial price is subject to change after
the date hereof.
The B Jnd Purchase Agreement contains agreements of indemnity by the Company to the City
and the Underwriter pertaining to liabilities under the Securities Act of 1933, as amended, and the Securities
Exchange Act of 1934, as amended, and certain other matters.
MISCELlANEOUS
This Official Statement (including the Appendices hereto) has been approved by the Company
and the Bank. The City has consented to the use of this Official Statement, but has not participated in the
preparation of or reviewed the information contained herein or in the Appendices hereto, and assumes no
responsibility for the accuracy, completeness or sufficiency of information contained herein.
698859.1
19
APPENDIX A
THE COMPANY
The following description of the Company has been supplied by the Company and is deemed
a part of the foregoing Official Statement.
698859.1
A-I
e
e
e!
e
e
Ie
Draft 8/18/94
APPENDIX A
SUPERV ALU INC.
SUPERV ALU INC. ("SUPERV ALU" or the "Company") is ^a leading food wholesaler and
approximately the 14th largest food ^retailer in the nation. It is primarily engaged in the business of
selling food and nonfood products at wholesale ^to approximately ^4,650 stores in ^47 states. In
addition, SUPERV ALU ^operates approximately 295 retail food supermarkets, discount food
superstores, combination stores, ^ limited assortment and other stores, primarily under the names of Cub
Foods, Shop 'n Save, Save-A-Lot, Scott's, Laneco, Hornbacher's, Twin ^Valu, Ultra ^IGA and MAX
CLUB. Information in this Appendix A regarding the number of stores supplied and operated by
SUPERV ALU is as of June 18, 1994.
SUPERV ALU is a corporation organized under the laws of Delaware as the successor to two
wholesale grocery firms established in the 1870's. As used herein, "SUPERV ALU" or the "Company"
refers to SUPERV ALU INC. and its subsidiaries, unless otherwise indicated by the context. The
Company's principal executive offices are located at 11840 Valley View Road, Eden Prairie, Minnesota
55344, telephone number: (612) 828-4000.
AVAILABLE INFORMATION
SUPERV ALU is subject to the informational requirements of the Securities Exchange Act of
1934, as amended (the "Exchange Act"), and in accordance therewith files reports and other
information with the Securities and Exchange Commission (the "Commission"). Reports, proxy
statements and other information filed by the Company can be inspected and copied at the public
reference facilities maintained by the Commission at ^ Judiciary Plaza, 450 Fifth Street, N.W.,
Washington, D.C. 20549, and at the Commission's Regional Offices at ^Seven World Trade Center,
Suite 1300, New York, New York ^ 10048 and 1400 Citicorp Center, 500 West Madison Street, Chicago,
Illinois 60661. Copies of such material can be obtained by mail from the Public Reference Branch of the
Commission at 450 Fifth Street, N.W., Washington, D.C. 20549, at prescribed rates. In addition,
reports, proxy statements and other information concerning the Company may be inspected at the offices
of the New York Stock Exchange, Inc., 20 Broad Street, New York, New York 10005.
INCORPORATION OF CERTAIN DOCUMENTS BY REFERENCE
The following documents filed with the Commission (File No. 1-5418) are incorporated herein
by reference:
1. The Company's Annual Report on Form lO-K for the fiscal year (52 weeks) ended
February ^26, 1994.
2. The Company's Quarterly ^Report on Form 1D-Q for the quarterly ^period ended June 18,
1994.
3. The Company's Current Reports on Form 8-K dated July 14, 1994 and July 20,1994.
All other documents filed by the Company pursuant to Section 13(a), 13(c), 14 or 15(d) of the
Exchange Act subsequent to the date of the Official Statement of which this Appendix A is a part (the
A-2
"Official Statement") and prior to the termination of the offering made thereby shall be deemed to be
incorporated by reference into this Appendix A and to be a part hereof from the respective dates of
filing of such documents.
e
Any statement contained herein or in a document all or part of which is incorporated or deemed
to be incorporated by reference herein shall be deemed to be modified or superseded for purposes hereof
to the extent that a statement contained in this Appendix A or in any document subsequently filed with
the Commission which also is or is deemed to be incorporated by reference herein modifies or supersedes
such statement. Any such statement so modified or superseded shall not be deemed, except as so
modified or superseded, to constitute a part of this Appendix A.
SUPERV ALU will provide without charge to any person to whom the Official Statement is
delivered, upon the written or oral request of such person, a copy of any or all of the foregoing documents
incorporated herein by reference (not including exhibits thereto unless such exhibits are specifically
incorporated by reference into the information that this Appendix A incorporates). Requests for such
copies should be directed to the Treasurer, SUPERV ALU INC., P.O. Box 990, Minneapolis, Minnesota
55440, telephone number: 612/828-4000. The Company's Quarterly Report on Form lO-Q for the period
ended "'June 18, 1994 is attached hereto as Annex 1.
SELECTED CONSOLIDATED FINANCIAL INFORMATION
The following table provides certain selected historical financial information of SUPERV ALU
and its consolidated subsidiaries and is qualified in its entirety by and should be read in conjunctiof.t
with the detailed information and consolidated financial statements, including the notes thereto,
included in the Company's Annual Report on Form lO-K for the fiscal year (52 weeks) ended
February ^26, 1994 incorporated by reference in and made a part of this Appendix A.
e
Fiscal Year Ended
(52 Weeks! (52 Weeks! (53 Weeks! (52 Weeks! (52 Weeks! ^
February 26, February 27, February 29, February 23, February 24- ^
^-~ 1993(b) 1992(c) 1991 1990 ^
(In thousolnds, except per share ^data and ratios)
Statement of Eolrnings Dolta (a)
Net sales. . , . . . . . . . , , . . . . . , . . , . . . . . . . . . . . , $15,936,925 $12,568,000 $10,632,301 $10,104,899 $9,734,811 ^
Costs and expenses:
Cost of sales .. , . . . . . . . . . . . . . . . . . . . . , . . . . 14,523,434 11,531,394 9,807,633 9,360,886 9,043,953 ^
Selling and administrative expenses .....' 1,044,433 746,857 583,789 531,972 484,586 ^
Interest, net .... ...... ..... ............... 89,767 54,203 34,320 31,441 33,104
Equity in earnings of ShopKo .0. '.0.0 .0'.0 " 14,789 23,072 32,176 45,080 42,562 ^
Gain on sale of ShopKo stock .......0 '0' .... 84,105 "-
Earnings before income taxes and
accounting change ,...,...,..,............ 294,080 258,618 322,840 225,680 215,730 ^
Net earnings ..0.....0.0..0 ,. .....0.0 ..... 185,253 164,526 194,377 155,136 147,746 ^
Earnings per conunon share before 1.97^
accounting change .............,.......... 2.58 2.31 2.78 2.06
Net earnings per conunon share ............. 2.58 2.31 2.60 2.06 1.97 ^
Balance Sheet Data (a)
Total assets .0.0...0.0.. ....0.0.0 .......0. 4,042,351 4,064,189 2,484,300 2,401,357 2,239,900 ^
Long-term debt AId) . ...................... 1,262,995 1,347,386 608,241 567,444 549,694 ^
Total stockholders' equity . ....... ..... .... 1,275,458 1,134,820 1,030,981 978,678 869,891 ^
Ratio of Earnings to Fixed Charges (a)(e) ...... 3.08 3.70 5.08 3.83 3.75
e
A-3
(a)
Amounts for all years prior to 1992 have been restated to reflect the sale of a 54% interest in ShopKo Stores,
Inc. ("ShopKo"), effective October 16, 1991.
e
(b)
Fiscal year ended February 27, 1993 includes the results of Wetterau Incorporated from October 31, 1992
through year end. Wetterau was purchased for approximately $1.1 billion, which was financed through the
issuance and assumption of debt.
(c) The cumulative effect of adopting Statement of Financial Accounting Standards No. 106, "Employers'
Accounting for Postretirement Benefits Other Than Pensions," resulted in a decrease in net earnings of
$13,288,000 ($.18 per share). A $51,304,000 after-tax gain on the sale of a 54% interest in ShopKo was included
in fiscal 1992 net earnings ($.69 per share).
^(d) Total long-term debt includes long-term debt and long-term obligations under capital leases.
(e) Earnings used to calculate the ratio of earnings to fixed charges consist of earnings from operations before
income taxes, adjusted for the portion of fixed charges deducted from such earnings and for
SUPERV ALU's share of undistributed earnings of ShopKo. Fixed charges consist of interest on all
indebtedness (including capital lease obligations), amortization of debt expense and the portion of interest
expense on operating leases deemed representative of the interest factor. Ratios are presented on a
consolidated basis.
BUSINESS
^
Overview
e
SUPERV ALU is ^a leading food wholesaler and approximately the 14th largest food ^retailer in
the nation. It is primarily engaged in the business of selling food and nonfood products at wholesale ^to
approximately ^4,650 stores in ^47 states. In addition, the Company ^operates approximately 295
retail food supermarkets, discount food superstores, combination stores, ^limited assortment and other
stores, primarily under the names of Cub Foods, Shop 'n Save, Save-A-Lot, Scott's, Laneco,
Hornbacher's, Twin ^Valu, Ultra IGA and MAX CLUB. Information in this Appendix A regarding the
number of stores supplied and operated by SUPERV ALU is as of June 18, 1994. '
^
^In 1991 SUPERV ALU began the implementation of a strategy to focus on its core food distribution
and retailing business segments. The Company executed the first major step of this strategy in October
1991 with the sale of 54% of SUPERV ALU's interest in ShopKo Stores, Inc. (IShopKo"), its discount
general merchandise subsidiary, through an initial public offering. SUPERV ALU continues to own a
46% interest in ShopKo which, at ^]une 18, 1994, operated ^122 discount department stores in ^ 15 states.
The proceeds generated in connection with the sale of ShopKo were used initially to reduce debt and
subsequently reinvested in the acquisition of Wetterau Incorporated ("Wetterau ").
As of October 31, 1992, the Company completed the acquisition of Wetterau, resulting in a
significant expansion of the geographic market and customer base compared with that previously
served by SUPERV ALU's food wholesale and retail operations. In fiscal 1994, the Company completed
the integration of Wetterau's administrative and support services and combined or closed a number of
distribution operations to eliminate inefficiencies and overlap. The Company continues to evaluate
further consolidations to improve efficiencies in its distribution operations.
In March 1994, the Company acquired Sweet Life Foods, Inc. ("Sweet Life"), a privately owned
grocery wholesale distributor serving Massachusetts, Connecticut, Maine and Eastern New York. This
acquisition further strengthened the Company's customer base by adding 280 additional stores as
e
A-4
customers in the New England States. In May 1994, the Company acquired the assets of Wetterau
Properties Inc. ("WPI"), a publicly owned real estate investment trust which was formed by Wetterau e
prior to the Company's acquisition of Wetterau. Most of the properties owned by WPI had been
acquired from and leased back to Wetterau; the Company was the tenant for all of the properties
acquired from WPI in the transaction. [Include discussion of Hyper Shoppes acquisition, if dosed.]
The Company has also made other smaller acquisitions from time to time to further the growth of
its food distribution, retailing and bakery operations.
Food Distribution Operations
SUPERV ALU's food distribution divisions sell food and nonfood products at wholesale and offer
a variety of retail support services to independently owned retail food stores. ^SUPERV ALU's 25 food
distribution divisions ^and four general merchandise divisions are the principal ^suppliers to
approximately ^4,650 retail grocery and general merchandise stores, including the 280 stores ^added as
customers upon completion of the acquisition of Sweet Life in March 1994.
Retail food stores served by ^the Company range in size from small convenience stores to 200,000
square foot ^supercenters. ^The Company's wholesale customer base includes single and multiple store
independent operators, affiliated stores, regional chains and company owned stores, operating in a
variety of formats including limited assortment stores, discount food stores, conventional and upscale
supermarkets and combination stores.
In addition to supplying food and other merchandise, SUPERV ALU ^offers such retail support
services as store management assistance, ^computerized inventory control and ordering services,
^accounting and payroll ^services, financial and budget planning, building design and construction
services, ^assistance in selection and purchasing or leasing of store sites, ^advertising, promotional and a
merchandising assistance, consumer and market research, financing and others. Certain Company .
subsidiaries operate as insurance agencies and provide comprehensive insurance programs to the
Company's affiliated retailers. Separate charges are made for most, but not all, of these services.
^SUPERVALU may provide financial assistance to retail stores served or to be served by it,
including the acquisition and subleasing of store ^properties, the making of direct ^loans and the
providing of guarantees or other forms of financing. In general, loans made by the Company to
independent retailers are secured by liens on inventory and/or equipment, by personal guarantees and by
other security. When the Company subleases store properties ^to retailers, the rentals are generally as
high or higher than those paid by the Company.
Hazelwood Farms Bakeries, Inc., a subsidiary, manufactures frozen dough and bakery products
primarily for the in-store bakery market, and has customers in all 50 states as well as Canada and
Mexico. Its customer base consists of wholesale food distributors, supermarket chains (including
company-owned, affiliated and non-affiliated stores), fast food chains and institutional food service
companies.
Retail Food Operations
^The Company's retail businesses ^operate approximately 295 retail stores under several formats,
including discount food superstores, conventional stores, upscale service-oriented supermarkets,
supercenters, combination stores and ^limited assortment stores. These diverse formats enable the
Company to operate in a variety of markets under widely differing competitive circumstances.
e
A-5
The Company's retail stores operate under the following principal formats:
e
^Cub Foods consists of 109 discount food superstores, 56 of which are franchised to independent
^retailers and 53 of which are corporately operated. Plans for fiscal 1995 include the opening of
from seven to nine corporate Cub Foods stores and an additional four franchised units. The
Company has also developed a prototype format called Cub Too!, a 28,000 square foot store
which is designed to supplement the traditional Cub Foods format within existing markets.
One Cub Too! store was opened during fiscal 1994.
Shop 'n Save ^consists of 28 discount food stores located in Eastern Missouri and Southern
^Illinois; one new replacement store and five remodeling projects are planned for fiscal 1995.
Save-A-Lot is the Company's combined wholesale and retail ^limited assortment operation.
There are 449 Save-A-Lot limited assortment stores of which 109 are corporately operated.
This includes the 30 Texas T stores in the DalIas-Ft. Worth, Texas market which were acquired
by Save-A-Lot in May 1994 and which will be converted to the Save-A-Lot banner. Save-A-Lot
projects adding 97 stores during the remainder of fiscal 1995 including 16 corporately owned
stores, in addition to the Texas T stores.
Scott's Foods is a ^ 16-store group located in the Fort Wayne, Indiana area acquired by the
Company in 1991. One new store is planned for fiscal 1995.
The Company's Laneco ^division operates a diverse mix of 50 retail outlets ^comprised
predominantly of supermarkets and supercenters, together with discount department stores';-
^discount food stores, drug stores and craft stores. These stores operate mainly under the LaneCClj
Foodlane, Ultra IGA and Price Slasher names and formats. No new stores are planned for ffscal
1995.
_
Hornbache"s is a ^five-store group located in the Fargo, North Dakota ^marketplace, which
includes one new store opened in the first quarter of fiscal 1995.
Twin Valli consists of two 180,000 square foot supercenter formats in the Cleveland, Ohio area,
together with two Twin Valu Foods stores which were opened in fiscal 1993. No new stores are
planned for fiscal 1995.
MAX CLUB consists of two 70,000 square foot corporately-operated membership warehouse
clubs in Arizona. The Company intends to develop two additional stores in fiscal 1995.
[Hyper Shoppes]
Other formats operated by the Company include COllnty Market, SUPERV ALU, IGA, Foodland
and others.
lie
I
A-6
APPENDIX B
FORM OF OPINION
OF BOND COUNSEL
e
e
e!
698859.1
B-1
--
e
e
~1+ /
FilE COpy
August 22, 1994
NOTICE OF HEARING ON PROPOSED REASSESSMENT
FOR LOT 1, BLOCK 1, DEERPATH ADDITION, LI 195
Marcie KiIbown
104 1st Avenue
Bayport,1viN 55003
Notice is hereby given that the Council will meet at 7:00 p.m., September 6, 1994, at City Hall
CmIDcil Chambers to pass upon the proposed rereassessment for k'1X forfeited land. The following
is the area proposed to be reassessed:
Lot I, Block 1, Deerpath Addition, Plat Parcel Number 9400-2050
The improvement consist') of stonn sewer, street, sanitary sewer, watermain, sewer and water service.
The amount proposed to be reassessed against your particular lot, piece or parcel ofland is $6,492.34.
You may at anytime prior to certification of the reassessment to the county auditor, pay the entire
reasse.')sment on such property, with interest accrued to the date of payment, to the City of Stillwater
Treasurer. No further interest shall be charged if the entire reassessment is paid by November 15,
1994. You may at anytime thereafter, pay to the Washington County Treasurer the installment and
interest in process of collection on the current tax list and you may pay the remaining principal
balance of the reassessment to the City of Stillwater Treasurer. Such payment must be made before
November 15 or interest \\rill be charged through December 31 of the succeeding year. If you decide
not to prepay the reassessment before the date given above, the rate of interest that will apply is 10
percent per year.
The proposed reassessment roll is on file for public inspection at the city clerk's office. The total
ammmt of the proposed reassessment is $6,492.34. Written or oral objections will be considered at
the meeting. No appeal may be taken as to the amount of a reassessment unless a signed, written
objection is filed with the clerk prior to the hearing or presented to the presiding ofticer at the hearing.
1be Council may upon such notice consider any objection to the amount of the proposed individual
reassessment at an adjourned meeting upon such further notice to the affected property owners as if
deems advisable.
$J! 0'7 5
/
. If a reassessment is contested or there is an adjourned hearing, the following procedure will be followed:
l.
The city will present its case first by calling witnesses who may testify by narrative or by examination,
and by the introduction of exhibits. After each witness has testified, the contesting party will be
allowed to ask questions. This procedure will be repeated with each witness until neither side has
further questions.
e
2. After the city has presented all its evidence, the objector may call witnesses or present such testimony
as the objector desire. The same procedure for questioning of the city's witnesses will be followed
with the objector's witnesses.
3. 'The objector may be represented by counsel.
4. Minnesota rules of evidence will not be strictIy applied; however, they may be considered and argued
to the council as to the weight of items of evidence or testimony presented to the council.
5. The entire proceedings will be tape-recorded.
6. At the close of presentation of evidence, the objector may make a final presentation to the council
based on the evidence and the law. No new evidence may be presented at this point.
7. The council may adopt the proposed reassessment at the hearing.
An owner may appeal a reassessment to district court pursuant to Minnesota Statutes Section 429.081 by
serving notice of the appeal upon the mayor or clerk of the city within thirty (30) days after the adoption of
the reassessment and filing such notice with the district court within ten (10) days after service upon the
mayor or clerk.
e
Under Minnesota Statutes Section 435.193 to 435.195 and Stillwater City Code, Chapter 56.05, the Council
may, in its discretion, defer the payment of this special reassessment for any homestead property owned by
a person 65 years of age or older or retired by virtue of a permanent and total dis!lbility for whom it would
be a hardship to make the payments.
The option to defer the payment of special reassessments shall terminate and all amounts accwnulated plus
applicable interest, shall become due upon the occurrence of any of the following events: (a) the death of the
owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or
subdi\lsion of the property or any part thereof; (c) if the property should for any reason lose its homestead
status: or Cd) if for any reason the taxing authority deferring payments shall determine that there would be no
hardship to require immediate or partial payment.
Any assessed pr~perty owners meeting the requirements of this law and the ordinance adopted under it may
apply to the City Clerk for the prescribed form for such deferral of payment of the special reassessment on
the property. (Please call City Hall at 439-6121 if you desire more information about the special reassessment
deferral).
e
1~ll.J>.tfti ~ Id!::f
!~
t"
Aug.28,1994
Page 1 of 2
\
PETITION
to
STILLWATER CITY COUNCIL
Subject: Plan Unit Bevelopment Proposal-on Tuengue Drive and
Shelton Drive.
e
We, the undersigned, residents of Forest Ridge Addition, and
home owners on Tuenge Drive and Eastridge Court, are opposed
to the proposed Plan Unit Development, which includes a large
65 unit apartment building to be constructed on the southeast
corner of Tuenge Drive and Shelton Drive.
We urge the Stillwater City Council to retain the RB Residential
Duplex Zoning as is, without any Special Use Permit such as
the one necessary to permit the construction of the 65 unit
apartment building in question.
We feel that the "Duplex Residential" use is the best use for the
neighborhood. It has proved to be entirely satisfactory for.our
adjacent neighborhood, and even now, construction is being
extended to the west to include the rest of the RB Residential
Duplex zoning as originally planned.
Duplexes like ours present a very good buffer between the
commercial businesses to the south of the RB Zone and the single
family homes to the north. A 65 unit apartment complex will
not provide this buffer, but, instead, will establish a use that
should itself be buffered. This is not possible under the
present conditions.
tit
We are also concerned about the watershed in the proposed
constr~ction site. At the Planning Commission meeting, where
this matter was discussed, the contractor did not address this
situation satisfactorily. This matter is of prime interest
to the residents living on the south side of the Forest Hills
Development.
WE further feel that ingress and egress conditions would be
unmanageable at the corner of Shelton and Greeley streets if
all the vehicles from the proposed 65 unit apartment complex
were added to the rest of the vehicles anticipated at the
completion of the "RB Duplexes" now in the construction stage.
In regard to the financial consequences to the City of
Stillwater, the "RB Duplex~s" present as good a tax return as
the large multi-family apartment complex, but require far fewer
services such as education for children, social services, police
protection, etc.
Respectfully Submitted
e
p~ 3
PETITIONERS
Aug.28,1994
Page 2 of 2.
t J
Address 1-9/ ~ t=:;. d?z.dq,..,> c r Address
Name~)y 1f1fJ~ame~c?P2j, ~adt;?
Address - ~ --71lt--:-/Y(f ~ LJ~AddreSS / 9.;;13 S;;<?J-r-- tJZ-.
::::e~'~~~:::ess fffi~ ~
Name ~~ pJ~ Name ~ fr~
Address.1j \f-., ~" Address 1'113' '5d a,
/ U
Nam~~~;'>- Name .,8 O-ILrtyf- d.~k/r:UA-(f;r
v
Address Address 00
~
( "
\. /' -
Nam~ ,1
Address.. ::6~.
Name .~ ~ Y'-< 4 9'~
b
Address/YS3 ~"-5J-J'/~f"" c.o",~d-
"
Name"
Name
Name ~U~<t'~~(l
Address /9.sc 01 nl, ~
Nome 4AA/err,l b- ~~ .
Address 19 7 & -7 5-fZ "or.
U
Name
Address J
Name _ --'-
e
Name
~/)
::::e:~ ~ ~.d!rCA--
Name ~.e~ Name jJ.1tut-j, (J.c~,~
Address '. . Addre~_~ \ l{ 0:3 E. ~.~-.1--i"" cx
~~ ~ ~/fJ~ ~ \ ._)
Name 1 ~. 7(,/. . Name .. - \''''})
Address . .~ /Clce.r;::.:: - ~ Address
e
e
e
e
~
Additional information for the council meeting of September 1, 1994.
Since the planning commission meeting of August 8, 1994, the developer has submitted
additional information that addresses some of the concerns expressed at the commission meeting.
The new elevation plans show a building height of three levels and under 35 feet. A west side
(Tuenge Drive) elevation shows the building as it would appear from that view. The developer
has also added trees to the west side of the structure to help buffer the building from the
residences to the west.
e
PLANNING APPLICA nON REVIEW
Case No. PUD/94-44
Planning Commission Date: August 8, 1994
Project Location: Corner of Shelton Drive and Tuenge Drive
Zoning District: RB, Duplex Residential
Applicant's Name: Paul Schaefer
Type of Application: Planned Unit Development Concept Approval
Project Description
The project is a 65-unit, three level apartment development in the duplex residential RB Zoning
District.
e
Discussion
The site is located in the Brick Pond planning area behind the Auto Service Center and east of
the Eastridge Housing Project. The 7.6 acre site is zoned RB, Duplex Residential. The gross
land owned by the property owner, The Augustine Brothers, was 9.73 acres before road and
drainage improvements were installed. Based on the gross land area the proposed density is
substantially compatible with the zoning.
The review before the planning commission is concept approval of the planned unit development
request. If the project is conceptually approved by the city council, the developer will come back
to the commission and council with detailed project information as listed in the conditions of
approval. .
The proposal is for 65 apartments, 1 - efficiency apartment, 26 - one bedroom, 26 - two bedroom
and 12 - three bedroom. One hundred and fifty-nine parking spaces are provided, 65 covered in
a basement garage and 92 provided in the front parking lot. The parking provided satisfies the
parking requirement for the project.
The project design is a three-level, single building development housing 65 apartments (one store
will be removed from the concept). The maximum height in the RB district is 2-112 stories and
35 feet. From the plans, it is not possible to determine the building height although the site plan
indicate a 3-level structure. Under the PUD provision, exception to the requirements can be
allowed because of special site conditions, location of the site or type of project proposal.
e
The site plan shows access from the north off of Shelton Drive (61st). The north elevation is
shown on the plans submitted. No site survey, elevations, tree locations, drainage, grading
detailed landscaping, lighting plans have been submitted with this application. These additional
plans will need to be submitted before final approval of the project by the planning commission
and council.
This review is of the apartment development concept in the duplex residential location. The site
is located in a transition zone with commercial use on the south and single-family use to the
north. More detail plans will have to be submitted before final approval.
e
Findings
The residential use is consistent with the residential zoning designation. The apartment design is
consistent with the transitional location of the project.
Recommendation
Approval of concept
Conditions of A.p.proval
1. A detailed drainage and grading plan with on-site, run-off detention shall be submitted as
a part of final PUD approval.
2. A detailed landscape plan shall be submitted as a part of final PUD approval.
3. Detailed elevations shall be submitted showing all building elevations, building materials,
colors and utility areas.
4. A lighting plan shall be submitted showing light standard location and standard design.
5.
A berm with landscaping shall be provided screening surface parks from Shelton Drive.
e
6. Additional street trees along the west property boundary shall be provided buffering the
project from the residential development to the west.
7. The final PUD approval shall come back to the planning commission for review and
approval including public notice.
Attachments
Application and preliminary concept plans
CPC Action on 8-8-94
6 - 1 approval
e
PLANNING ADMINISTRATIVE FORM
...
e
ACTION REQUESTED
Appeal
~ Certificate of Compliance
~ Conditional or
-r Special Use Permit
_ Design Review Permit
-S- Planned Unit Development
Variance
_ Comprehensive Plan
Amendment
_ Zoning Amendment
Other
_ Engineering Review Fee
Total Fee
Case No.
Date:
Fee Paid:
FEE
~@..1
({!:ft;
J/10
ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION
S <?7 () n 0
Environmental Review
EAW
EIS
X No Special Environmental Assessment Required
.'
The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submined in connection
with anv apolication.
e _. , N 9033-2356
Address of Project Teunge Drlve & 61rst St. . Assessor's Parcel No. 9033-2357
Zoning District M. D. Description of Project 'rhe proposed project consists of a single
Three Story Elevated Apartment Building with Underground ParkinQ. See
attached preliminary drawings.
"I 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. I further certify I will comply with the permit if it is granted and used. II
. . .
Property OwnerSchaefer Development
Mailing Ag,dres 1 Co . Rd. 74
/ St. loua, Mn 56301
Telephdne No. /
\
Signatur' ~
Any decision made on this proposal n be appealed within ten calendar days of the date of the action.
Lot Size (dimensions) x _ sq. ft.
Total Land Area3 3 1 , ~ Sq. Ft .
Hight of Buildings: Stories 3 5 ~
Principal
Accessory _ 0
_ate of Public Hearing is August 8, 1994
Total Floor Area -, 4 29 5 sq. ft.
Proposed floor area? 4 2 9 5 sq. ft.
Building Coverage ? 6 . 25 5 sq. ft.
Paved Impervious Iysa.. 5 I) I) sq. ft.
Number of off street parking spaces 9?
...
e
~chaefer
DEVELOPMENT AND CONSTRUCTION, LTD.
2581 Co. Rd. 74 (Old Hwy. 15)
51. Cloud, Minnesota 56301
(612) 252-7345
July 25, 1994
Mr Stephen S. Russell
Community Development Director
City of Stillwater
City Hall
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Mr. Russell:
Enclosed please find the application form, with its attachments,
for a Conditional Use Permit for the property located at the corner
e of Tuenge Drive and Sixty First Street North.
The parcel of land stated above has been owned by the Augustine
brothers for many years. Schaefer Development has purchased this
land with the intention of constructing a 65 unit apartment
building. The parcel is presently zoned multi-family, with a ratio
of eight units per acre, allowing for 61.9 units.
Before the City extended the right-of-way for Sixty First Street
North through the Augustine property, this parcel contained a total
of 9.73 acres. Under present zoning guide lines, this parcel could
contain 77.84 units.
It is because of the loss and detachment of approximately 2.13
acres, that Schaefer Development is requesting the Planning
Commission of the City of Stillwater, to grant a conditional use
permit; for the purpose of adding 3.10 units to complete the
apartment building as designed.
It is this company's feeling that the proposed project will not
only enhance the neighborhood, but also act as a buffer for the
single family and town homes from the commercial which lies to the
south of the development.
e
Page 2
Schaefer Development looks forward to a
relationship with the City of Stillwater. If
has any questions in regard to this request,
project, please feel free to contact us.
..
pleasant working
the Planning Staff
or to the proposed
e
e
e
~.
"V'l.' E :.."V.Y J:t;YIf1..t'I'''_~ b 'Y~~t.-'
1 -~~ ~';:'fn.. '( ......7~..... ,..-...OJ
">>I"J' "ft1 :'
: r 4{:' '.
_,- hI' \ r~l
. .;=: ~ ~fJik-"'::"" e-,,.-.tI~" _~.
~ _-Q"-o(x:'---;- -- I) lr.J:- ~ (lv,'FII~ '.
. _.. "r'lf.-!ti'1<\~"'~M 'J ,0' , '2: .. ~
~ . ' Il~'..:r", "-J I \ I
, ........,-C"r,.,.~~~rr'. '..... I '!'o
1 ~ ,_" * s,~~MfA,~~~ ':t ~ I
, .~,.,,, '. . ,-/... ,.. ~ 9f,~, . ,.... ,;
....:!.'3.S!I..,".(.N CD.::! c...~._:..
.. f;..g:oio",q,.; . ...... L : ti.
,'.. -, ", '.t .-n.... ~'O"'''''':~' ....:. ........
~~:'..\.'f . I (1~.....,.~1~,"l~: .
. I.." ,1..~., 0\
~.'4f''''''~ ::.~:\'..tto ...~". ..,0 ~ ~
,,',. ~~~";~\ ~"'''\''''~1io.'\)\ :., ~
/.~I'Jl:t', ',..u";;' .~. ""''' ': . . 1
/t.4'~C" ,"'.", , .,....~1' ''O' .-(...-- -
t''-''';' ~".'~ 7'0'I"C';""'_,' '..:.
f'". ,~ / ""i'ooCi"~)",' J\," ....
'~'''''I''rlL' ".L.~ I' ,':'...(,,'~1' .....- ......o:t"t"...- ----;-.-1-
I f'" t .., I .."" - "'Ot."hl,
~ ~ :.~J"l r "i 'J~.I't:;'I..,.I. ~ ) i'f~!~
",I .'~'i' .~::('
:, ftt.:.... p,\...:"
,tl t' ,,........ , l" 1;-
't~'~~ H 4~ \ ~&;,
..1.., ~....... ..",,;1
! ~ r~1 ~..:) ..oI':
.., , ""'"
,,," I"': ..:- 1 ""
~l 'f' _..:::: :t..
:..6 it
. . .:' ~. ( '" ... \
~:.:, t-."},: ;::..: \
: "'I ~h:: -+-.) i.-G'B l;1)H'lA;I
IJ,I~)' t. 113$
'Jldo..Vf'" I . It
I ~ , (.~.. I' ,0' ~OS);..~!JI 'L . . ~"
1 '~t f.I"f~ ru~ ~r3;lIPvli~v
~ I ~ ....
5'-' 1_' Pi 60 'Of
I .1'
I '"....1> l,,,,,_ p"t'
t ~.IO~v....~ 1-'lI"M"rl~':r.
I . ,
I " '
. -- - - - -- --- ~1::.-
~~~, ,
,.')
IS)
0...
~
'.~ .:;)
~"~.L.,,. :
J:t:~J!! :;'
. ."" I t
~ :~~~1"1\: :.
~.r~ "
I..,
~
oq
('J
..-i
''1
flJ
1'-,
{\J
..-i
::i~'~"7
"'1 ..
'"
". t'
~ ,.
:,~ ~
-~
,"; 1
,
,
,
u;
,
.. .:it'l-:;.,~.h..s..~ar-
..-oo~I'Zf:.. .'"
r -.:-. ',';-",;&-::: - - - - /
::I",<;S, .".. f,JJ N
o
1-
.
-I
.J>
,.,
.I:
......
"',---
r" . ~ %
":",', \~?
''''' .,. - to.
I",' .".t
!:~; &~ \ .~ ~
~ ~-.:..:---
\
I
I
\
\.
\
I
\
.c"_:
..'
--
....,.
,... "
~ ".....'
,-
c:....
...-.
......
.. ...
: '.!.
, "
\, I
Pl
,
I, .
-\- .::.
, .
, ....-
, ,
. <.:.: O(
.......-::-
o
1<2
~I 0
%
~: - Ie Q
~ ~"\.-
'l'~-:-, Q
~
Of'
( "
" I
..".
<.:>
--
s<
9.r:,~3~ldlJd
~l;lJ
~-
. ,
-,-'
".....
, ,
E I Z'_
()
I~
LL
01-
""..'~.'S..S'l..S:"i)';,)
';0'0"' ~ "
~., ':)(,1" I
..,.~ .,.,t:.: b
r.:
<1:
l'-
1'1
if. :
... 1~ \ i'
.~ ..~~;_ \,4' ';
'(:~:;.":
......- - . -.-.. .
.-1
~I
."
HI
(Jl
.4 .
I
.4 €f"'''~ <
IS' '30; - ',(:,'l;' M
I ," ~""""J J~I/
V
m
e
... ,r; 'oES:" ..
-----
1'''
.:.-
;J -l-.(il
tV
e
~
..
\" .,
,\" ~~
!" ~...
~~ t~':
{ "
,JiE.~
-
/' '",-
\ (mi30 ITtf:JS" <}V \ .
I ..':<;' \
;','ti...\ I
I '-"f] .,..~... ..~:,J\ "'
I ~"':l '''''11 ,le3 -t:'/. ,,-"' I
I ll,'f" ,:' .
'J..4CO.C1'".rt ~ ~
ll'?~" \;.
3.'il",fI.'S "~: \
\ :is .1~..,. ~u.'1
I ~ "'~'''~'O~' f..;J:
\ ...,,,::t:~i." / ~ 'j
J: ,%"S',.,.;l~' 't~_!{~/7
----::_. ~ \. ''''11 '~"""/'
--'I "'............. ___
...,
e
,;
e
e
e
DIETZ-KANE AGENCY
535 P02
AUG 01 '94 11:38
-
, "
. .
JI_lly 29, 199L.
Mr. Sam Taruscio, Broker
34 I-Jal'"'t~erl st t~eet
St. Paul, MN 55119
Re: Stillwater Property
Dear Mr. Taruscio:
In reference to the Stillwater property owned by Augustine
Brothers north of the River Heights Auto Mall, the Partner-
ship gave a considerable amount of land to the City of
St i llwatet~.
The land was to be used by Stillwater for ponding, drainage,
arId t~clads. The attached Exhibit "A" defiY'lE!s the prclpet~ty
in question. The Partnership did not ask for and has not re-
ceived any remuneration for the land.
Should you have any further questions, please contact me.
S i Y'lcet~e 1 y,
t2tkJ1f': ~~
Albert L. Augustine
Pc:n~t rlet~
Augustine Brothers Partnership
Erlclosut"e
DIETZ-KANE AGENCY
535 P04
AUG 01 '94 11:39
...
Exhibit "All
e
'. . REVISED EASEMENTS
TO THE CITY OF STILLWATER
A permanent road easement over, under and across that part of the East Half of the
West Half of the Southeast Quarter of the Scuthwe~t Quarter and of Section 33,
Township 30 North, Range 20 West, Washington County, Minnesota. lying westerly of a
line distant 40.00 feet easterly of the following described line:
Commencing at the southeast corner or said Southeast Quarter of the Southwest
Quarter; thence North 89 degrees 50 minutes 27 seconds West, ass\lmed bearing, along
the south line of said Southeast Quarter of the Southwest Quarter a distance of 991.82
feet to' the west line of said East. Half of the West Half of the Southeast Quarter of the
Southwest Quarter; thence North 01 degree 13 minutes 58 seconds West along said west
line 252.13 feet to the north right-of-way line of Trunk Highway 36, as monumented by
the Minnesota Department of Transportation; thence continue North 01 degree 13 minutes
58 seconds West along said west line 451.00 feet and the point of beginning of the line
to be described; thence continue North 01 degree 13 minutes 58 seconds West along said
west line 269.38 feet; the~ce northerly a'nd northwesterly along a tangential curve,
concave to the soutb'l'est, having a radius of 301.56 feet a.nd a central angle of 27
degrees 26 minutes 11 seconds a distance of 144.40 feet; thence North 28 degrees 40
minutes 09 seconds West along tangent 40.47 feet to a point hereinafter referred to as e
Point A and said line there terminate.
Also, a 70.00 foot wi.de perma.nent road easement, hereinafter referred to as "Easement
A", over, under and across that part of said East Half of the West Half of the Southeast
Quarter of the Southwest Quarter and that part of the West Half of the East Half of the
Southeast Quarter of the Southwest Quarter of said Secti.on 33 lying 35.00 feet each
side of the following described center line: -
Beginning at aforesaid Point A; thence Norih 61 degrees 19 minutes 51 seconds East
8.93 feet; thence northeasterly and easterly along a tangential curve, concave to the
southeast, having a radius of 301.56 feet and a centra.l angle of 28 degrees 21 minutes
03 seconds a distance of 149.22 feet; thence North 89 degrees 40 minutes 54 seconds
East along tangent 561.86 feet to a point on the east line of said West Half or the East
Hal! of the Southeast QI.larter of the Southwest Quarter distant 134.01 ,feet southerly
of the northeast corner of said West Half of the Ea.st Half of the Southeast Quarter of
the Southwest Quarter, 8.S measured along said east. line, and said center" line there
terminate.
Also, a 10.00 foot wide permanent e8.sement for sidewalk, drainage e.nd utility purposes
over, under and across th~t part of said East Half of the west Half of the Southeast
Quarter of the So"tthwest Quarter and that part ot said West Half of the East Half of
the Southe~st Quarter of the Southwest Quarter adjoining and lying southerly of the
south line of "Easement A".
Also, a permanent ee.sement for drsinage and ponding purposes over, I.tnder and across e
that part of said East Half of the West Half of the Southeast Quarter of the Southwest
Quarter and that part at said West Half of the East Half of the SO"ltheast Quarter of
the Southwest Quarter lying northerly of the northerly line of "Easement AU.
DIETZ -KAl-IE AGEl-ICY
535 P03
AUG 01 '9~ 11:38
..
e
Also, a per;TIanent easement for drainage and ponding purposes, hereinafter referred
to as "Easement B", over, under and across that pa.rt of said West Half of the East Half
of the Southeast Quarte.r of the Southwest Quarter described as follows:
Commencing at the northeast corner of said West Half of the East Half of the Southeast
Quarter of the Southwest Qua.rter; thence South 01 degree 14 minutes 17 seconds East,
assumed bearing, along the east line of said West Half of the East Half of the Southeast
Quarter of the Southwest Qua.rter a distance of 719.94 feet to the north line of the East
300.00 feet of the South 350.00 feet of that part of said West Half of the East Half of
the Southeast Quarter of the Southwest Quarter lying northerly of the north right-of-
way line of Trunk Highway 36 (formerly known as Trunk Highway 212); thence South
89 degrees 46 minutes 55 seconds West along said north line 40.00 feet to the point of
beginning; thence North 46 degrees 11 minutes 55 seconds West 140.00 feet; thence
North 60 degrees 10 mimltes 24 seconds West 73.90 feet; thence South 79 degrees 06
minutes 27 seconds West 99.20 feet to the west line of the East 300.00 feet ot said West
Half of the East Half of the Southeast Quarter of the Southwest Qua::::ter; thence South
01 degree 14 minutes 17 seconds East along said west line 115.94 feet to said north
line; thence North 89 degrees 46 minutes. 55 seconds East along said north line 260.05
feet to the point of beginning.
e
Also, a 30.00 foot wide permanent easement for drainage and ponding purposes over,
under and across that part of said West Half ot the East Half of the Southeast Quarter
of the Southwest Quarter lying 15.00 feet each side of the following desc.ribed center
line:
Beginning at the intersection of the south side line of a.foresaid "Easement A II a.nd a
line distant 10.00 feet westerly of the east line '. said ;'''~st Hal! of the East Half of the
Southeast Quarter of the So\..thwest Quarter, (L ;"',easu! '..:. at a right angle to said east
line; thence South 01 degree 14 minutes 17 se~:)nds East, parallel 'with said east line
435.00 feet; thence South 42 degrees 52 minutes 14 seconds West 102.75 feet to the
northeasterly line of aforesaid "Easement B" and said center line there terminate.
Also, a 15.00 foot wide drainage and utility easement over, under and across that part
o( said East Half of the West Half of the Southeast Quarter of the Southwest Q\.larter
and that part of sa.id West Half of the East Half of the Southeast Quarter of the
Southwest Quarter adjoining and lying northerly of the following described line:
Commencing at the intersection of north right-of-way line of Tr\.mk Highway 36 and the
'West line of said East Half 0: the West Half of the Southeast Quarter of the Southwest
Quarter; thence North 01 degree 13 minutes 58 seconds West, assumed bearing along
said west line 451.00 feet. to the point of beginning of the line to be described; thence
North 89 degrees 46 minutes 55 seconds East parallel with said north right-ot-way line
361.01 feet to the west line of said East 300.00 feet of the West Half of the East Half
of the South-:..:ast Quarter of the Southwest Quarter and sa.id line there terminate:
e
,. h~reby carclry IMt th[., Wrvey, plan. or report
W\l5 prepared by me or under my direct
supervision and lhd~ I llm a du:y fiel:lisr;ra;d
und Surv6yor under L'=I.8 laws of the Sl-'to d
M.lnn8~ A.
~ /~ ~ -::2'-1
MUCeA. FaLZ
- ....,
....,,., -,..
file
MEMORANDUM
e TO: Mayor and City Council
FR: Steve Russell, Community Development Director
DA: September 2, 1994
v
RE: FINAL PLAT REVIEW KUTZ SUBDIVISION SUB/94-18
The final plat and public facility plans have been submitted for city approva1. As a condition of preliminary plat
approval the following conditions were approved:
Conditions of Approval
1. A storm water management plan shall be submitted before final plat approval consistent with the storm
water management ordinance for community development director approval.
2. A grading/drainage/erosion control plan for the private lots showing minimum residence floor elevation
shall be provided before final plat approval.
3. The development plans for lots 1,2 and 3 shall be reviewed by the community development director to
ensure that at least 50 percent of the tree canopy is maintained.
e4. The road and drainage improvements shall be setback 50 feet from the wetland.
5. A park dedication requirement of7 percent of the land or 7 percent of the land value at time of final plat
shall be required before final plat approva1.
6. A grading drainage plan that provides for minim grading of the site shall be submitted.
7. A fmal delineation of the wetland shall be agreed upon by the WCSWC and Corp of Engineers before
final plat appr~val.
8. The rate required mulch should be specified on the plan and the mulch must be anchored.
9. All the erosion control practices shown on the plan must be maintained during construction on the site
and the silt fence should remain in place until vegetation is well established.
A review of the conditions of approval indicate that additional information regarding storm water management
(condition 1), lot grading (conditions 2 and 6), tree retention (condition 5) and erosion control (conditions 8 and
9) need to be submitted or agreed to before fmal plat recording.
The city engineer has reviewed the public improvement plans for the Kutz Addition and has comments as
indicated below.
'ntil the conditions of approval are met and the comments from the city engineer are addressed, the final plat
should be approved.
If the Kutz's after reviewing the staff report feel all conditions or comments can be addressed, the final platcan"
be approved as long as the conditions and comments are satisfactorily addressed in the final plans.
Recommendation:
Approval of fmal plat subject to conditions of approval being satisfactorily met and city engineers comments
addressed in final public facility review.
e
Attachments:
Final Plat
e
e
..
e
COMMENTS ON PLAN REVIEW FOR KUTZ ADDITION
The follo\ving items need to be addressed in the plans and specifications prior to approval:
1.
~
.1...
3.
4.
5.
e 6.
7.
8.
9.
10.
e
'Ibe sanitary sewer crossing at Green Twig Way must be changed to a augered crossing.
The retaining wall along the Brekke property will require an easement or agreement with
Brekke. 111ese details must be worked out satisfactorily.
Size calculations for the storm water pond must be submitted. It must be demonstrated that
a driveway easement has been prepared for lots 1 and 2. The details of the joint
driveway/walkway on lot 3 must be worked out.
1be street section must be increased to meet City standards for thickness, however. the width
- .
shown in the plans of 24 feet is reconunended for approval.
The specifications are insufficient and do not meet City requirements. Therefore, revised
specifications must be submitted.
The sanitary sewer design should be changed to include a third manhole and 8 inch main
serving lot 3.
The stornl sewer design should be modified to include concrete rather than plastic pipe.
Specifications regarding clean up and maintenance of Green Twig Way be included.
Any comments by the Planning Department be addressed.
All review items listed by the Water Department must be addressed.
u r
..
"'
N
... ~;
~ ~ i
,
~~vJ
~\..(\\ ~
,'\ ~\ .-'\
. !
b -
P'~'_ -. / .,....~ ~-,.~' <: /:.. .._"~, ' l
:..~ ",.-., ~~nJ ~ ", - ~ l~ \~ ~.. ''''''. .... ,
" ..f r '.' '" ~ < '. ~
[ ( , ' '; _....1 l \.. . "/'"'" -",
..---_~ ...~ .LJ.!EDl.~c__J
. ./~-"'~ ,,-~ '. '- ,
-~- ..,~
/;-- , -----
/ -- SIDf fLfVATlON
(H'T~)
e
/2-
3r-
" I
, ',I, i I
I. '.;
][f]fII
]}[JJIII
~
e
r.OC.l:.F.....~ 8\...1<.
FRONT fLfV ATION
')/,,." . J ~ ()"
No
'I 71r
,..
,
~
I
I
~
~
. .
..
"
1-' "
",,1
..
,oi Iloo
" '111':'1
' "
~
.J
. .
I
I
I
I
Iii
la
I.
I, ,:
I
i
((
\... ,---::;;
/ r Sift PlAI1
1a..U/'
W,..\..\,..
''\1'"
'.'
';
, fJ
I"
~~
q~ \ -'\'1
; [--1-.
~f ' '
JJ. pE~', 111
-U1 pail- ' r4-
';"'}tt. ,,*+
\....1- :-t-jlh4-
"f ;-~1.04-
_ , . ~L4.0
ill, ~~.L~-;H~
,~ ~h ~' , ':="':".J.:
'I. ~"
.n + N: i rrer~ -:
~- ~-.-.,.., .
.'~ :.< .. Fti~
. t- -, ....- " .. ... ~.
__. ~ . ! ...~
,.: '.'T~
. ~ ;.. r t..t t--:-r--1-
..~ --~r t
., 'Q " r-----.
J~- t~t1r'+ ~---
~ f ~-t--' ..t
LI - ',. 'I I .
.",l ..,.....-1.. _I-
...,.~ ,~- ~ _.~-
... ij ..;.Jl4;;l. -t -;'-"
~b ::.,~~ -u-~
!U f t;;L~-~_l :;-~_.
~~ .;~+-.I-~~
.., a l1J~~..,.~..r.;:-"""'~-
~..."'! .c.:.~~t'-!..~ 1-
.." U ~ ""I \/_ U I
., r n.~ ~~;f"'" h
~u .".~-~.ittt-
\~? -5,~.tr~. --:-
'U'i '.J" .~,~1t .'-
~~: ~:;~(S-~:~:
~ ~ 'b'~4~ .'-
... ~ ,....1'....:.:..--+-..J.-
~.t 1(\ :!' e: ~ ~_~~ t.
~'fr t.4:;~~ tt-+' ~
.r ~ ~r-''''! ~ ',;1. .;.
~~ - ~~:.;~~.9-~
. :~.~ .:-..
tt..L
~_ 'I.
+t--++ i I .
"i .. .-.~-~,... i~. ..-
.. '-,' '!Ir--.. ..'.-
- ,...... --+---
I 1-. - ~--
, '
'; -, -. ..,.- i -.:- ~ - t -.. ~
_.,-- i...! T...-----..~
;,-:: ~;-1-~-~_~= ~
1" t ~1' ~::~-
. 'r-- ...~. 0.-
, '
<~~_.:.=
lJr, :J1
,_:~=~. .
.~. ~ .-~ l tf~_i :
I j I .
_. ; :WL-_
_'J'rt...fi=~ +_~~~ .
, , : JI71-7~!E1..L
\~~ ~.p~lf--+-i-'~
.:.:....
t f' ~r:~-'~_4-
t-: li'h :-:+
. . 'i-i~~-i ;_r-l--
=~-_~t:_Ftt~,.JtF~
_;_..;'_, . I '__+-+-
... .
." :.11~::';' '.
e
e
Ie
........ ~ '""-
"'-, ',~..." 9-
;V;:1"7/::r8'W...:-~~ ~.s>"-
"1~ --:"..>-,
..3 f.~ ~ ~
"" ~ "'?~
n,r:E. ~...."!") '<? '\
8~8.ClCl :a\-;.. ~ '~=-~ "-
~~..., ,,~~-~ ,
- ...)l", C> .
<"c; ~ ~.. ,," '-::,.;.-
~ ~,'" ,,,"
'+~\~ '"#'~ ~ '\.' ''I.~'oo
'='~'N "'" \ " "- /
~~. /-,P,tl.E.-- ,7,
i.,' ONN I~,,~ \', ~'<..~
o ~.:~. , ~~"L .'\" >-:.'.
~\es~J' ~.~ '\ "-
~\ I ;Y " ~
'::'. '" ," ~ / ;,.Jo... ~
":.\~ - ~ ....
"'!.\' I ~ .
~'l~ '... ~ .- LAA/I) _ c;. ~ ";-~ .
_ _ ../, /l1t11'~-t! //4:)p' ~. '\ " - ...
- ..... &..8S7.i?0 ,~." " - -
/63.95 ~. /~8.?6 ..' ~ '.
../ .1.. " - '_~ _ > t-r ~o
.. _". '...... .., ' ,.1<>. ~"N.e
u.. ~)(.. \ ...v.....~ ,v..!~
"
'\
.
.
"'".v ".)~ ""'''''..v.
. r......c #N ,"'-4'.
,:7,.- rN~ A,"p!
7"..".-1<--: RZp;v.
I .
KUTZ'S ADDITION
0 100 200 bO
~ 1 :;0 l
t -=t
SCALE IN FEE T Inc h = 50 Feet
-
--T
11
'....
:.; ", _I ~'ll
" \ ~k~
1-,
'r-
1- 11\ I
. _ L4r S
,--' --;;.....--- -;;;--
_ ..... . .-,...I I t?v,,L~"
,,- ~ .
. .J
,
,t. ,..:J ;,.
7f:;iJ ~_T 00..... ,RtU~l-<o'A'f'
,4";'p PT,,'/'''n 6Af.s~&A/ T
~f ClJ!:SC"I/'':.P /,ov Cl~C".
~, 8/0Z G<if
'\'/
/Vt '
7,.1111
I
__.,. t_
'-
~
<"'-7"",-".
.: ~,..
..~...-
,
"" , 1~1
'1 I.", '
I v
----
--
'-
--.
--1...
-
---
'-.
,
,E
,
,. -"~/.'/~'I~.,';"..t:/.~.:.J" '~-
/" I" -" ~/ "~I'"
!?U... J' ~~I""'"
~ ~ T ~ .::J 7
'"
" '"
-..) - '" '....,
,: ~. , . .......!l............. ,"'-
~',;- ~ .......,............. 1,1 '!1
<..7",>'" 4
.t" ..........-o~1~ ..............
....,:::. '............
..->""... "-
"'<.:,.-
--Y,:....
------....
~ f'~7"
.)
..-
'-" ',-
, .
-.
"
~
"'.
I\,
J
.....-
o ---
/::...,I~...' I
,.. ;; r'J
, (,I~:"
:.1 ,~
...../
/
I
I
-fj-
J-
77'. tJ7
~().U ~
~
5\ A = ~"/.J 'dZ"
T
I
,
I
1-
I
I
I
~ I
~I I~
~\ I~
~ "
1:\\ I
I \
I
I
~'"
"'~
" ...s-.
, ~o
-~, '.:s-.....
....... .
,-...., ~......-
, ~
~
.,..,
..:. .,)
lIt)
" II I "
/;/;- f.I ::;-
,
,"/C_L
/V~ ~
~ "'I
l)o; 0.
~ ~I
~ ~
I
\
2
/V.r.E. 8~B.~Cl
/V,/.E. 5L~vf" ,$1"
05'...... 5QFV~ 86~.tJ(}
~
'"
~
~
..
~
/
/V. /."E. 858.~?J
N.r. E. .f.:~v.c p $"-
fA"" f1W4A: .9164.0t7
I
I
?\
- -- --.''''.411.>
.S'8Z-p/,,-:;:' =--
~ ""'.<'~ r-()
- - - r - _ ;... ~ ;;:.J~"}/Vl
~ ( . - - "', '<::.\~ '.'"
I.' ~.e? _ " \ "'" \\!'o
'" ,.Cl t/.;. ,g. ,"",,"
\ll' - <::. ,....
~~. L ,..\S\
I ,l,y.tJ_...... ';.- - - -
//(). tJp \ '" l! 75. t70 ~
~ I
;:: ~I
~~I
" /I')!
~~l
~ ,I
. '\
~N.,\ ~I
. ""
~ N.\\- _
-'l-- ..
~ ,\
~ \
\
I~' .--1,"1'4 I
; '- '-.." f:.J.
"
I
,-
.. - }V..=T
/~s; t7t7
P. v. E.
;I
)
I
64:' 75
#$!i''''.z9'5~~.JV
o(L
1t
'z.
"
,.
"
.f J</ C"Q.... ..
,voW;-;. .
/VC'7+
VICINITY MAP
Nl 1/~ Sec. 29, T30N, R20W.
Minnesota.
Wastl. Co.,
....~<"_.
/V~'.~...
\r_
\
'-- /
iJ r__
_~_...__.':-. __..1
II~ (".,e."" . \ \ \. i
Ni!f~ i \ ';. !
. #/4"J \
c9~IN ' \" \..... A/L! AlE '
w':;" ~ '- " ~;.
,. ... '~~ C"..r: \
~~" .. ~',..,r :"\..\w,; ~: ....:~:: . ,~. ~;" _ ._1r~~
EA"'~ ' - , *' ':<-~ ".-.. .::
~,At#1! -~ ,." F" P. f .1': ,,,,,...;.... or... c-
T""....k ~.t: C,. ~'" -, '" +- --...:- -~\-;:
I ' ~ \~
~ \ ...r---" / ,~~
I -'wi ;1/4 _~' fEj .I/IEl /, / u fol No
~:"~~,J ~~n:~~~< /~~ Scale:
\
DRAINAGE.
DetClil
Drllinagc
AND LJT 1 Ll T Y Ef\SEMENT DEl A I L :
Scale: 1 Inch::. '10 Fcet-
and Utility Easements (D.U.E..)
are shown thus:
~
1 ""
\ ....
------
,
'__~~111!/<&
,It.."".
~
O. t/. F.
-I ,. - - - --
I I
I I
I I
, ..!.c --- L ,r ./",....=
I I
IS $\
I I
'"
(.-....
"-:?L."
- -,
-:-;...
- '-
r .
.'-
"~...
~
Being 5 feet in width and
adjoining Lot Lines, and
10 feet in width and
"\ adjoining Block lines,
~ ~ un I ess shown otherw i se
on the plat.
~-
"
",-
c...:>,
--,
::r~ _
'"
1fcfJ
/
"
c..;}_
~-
""/
X
"
~
""
""
<:.::'
"->
" ~
\
J
'"
~o
I. * .,._.
'_ r-...,' L.
- r':...._
,
"
,
',~
"
e
e
e
f.) 11-) d--
MEMORANDUM
TO:
Mayor and City Council
fL..-../ .
FR: Steve Russell, Community Development Director I '-
DA: September 1, 1994
RE: 1 PERCENT COMMUNITY PARK RECREATION FACILITY TAX
Wording for the November ballot measure will be presented at meeting time by the city attorney.
Efforts are progressing on developing a program to provide information to the voters on the
benefit of the tax.
Recommendation
Approval oflanguage (will be presented at meeting time).
.
.
.
August 31, 1994
1891
1991
Sen'illg the St. Croix Valley Area.
Mayor Charles Hooley
City of Stillwater
216 N. 4th St.
Stillwater,~ 55082
RE: I % Sales Tax Referendum
Dear Mayor Hooley:
The Government Action Committee of the Stillwater Area Chamber of Commerce would
like to offer our services to assist the City of Stillwater in providing information to the
citizens of Stillwater regarding the November referendum for a 1% city-wide sales tax
increase. We will be providing a candidate's debate forum for federal, state and local
elective offices on October 25, 26 and 27 and would like to include information regarding
the 1 % tax at that time. Therefore, we feel it would be important that the information
which the City is developing be presented to the public prior to those forums so that the
public may be informed and the candidates may debate the merits of the tax referendum
and its implications for the City should they be elected.
The information which we feel would be necessary to discuss would include: the amount
of money to be raised; the costs of administering the sales tax collection; the uses of the
funds from the sales tax collection; the composition of the body administering the use of
funds; the longevity of the tax collection; etc. When this information is available for
review and discussion as to how to proceed, please feel free to call on me directly.
Thank you for your attention in this matter. I look forward to hearing from you.
Respectfully,
James E. Kellison
Chairman, Government Action Committee
JEK:kmh
Brick Alley Building. 423 So. Main Street · Stillwater, Minnesota 55082-5127 · (612) 439-7700
.
.
.
SAMPLE LANGUAGE FOR REFERENDUM
ON SALES TAX
Shall the City seek special legislation enabling the City Council
to establish a 1% sales tax. The funds would be used to implement
the City plans for costs associated with the Lowell Park
improvements, purchasing park land, upgrading the existing
neighborhood park system, open space preservation, a historic
street lighting system for the Downtown area, and for a Community
center/ ice arena.
YES
NO
'.
e
e
e
.;- .,.
Memorandum
To:
Mayor and council
Morli Weldon, city Clerk ~
September 6, 1994
From:
Date:
Subject:
Salaries of council
At the August 16 meeting, council requested a survey of council
salaries in other communities, Attached as requested is the
Elected Officials Salary Survey as compiled by the Association of
Metropolitan Municipalities.
MEMORANDUM
TO:
Mayor and City Council
FROM:
City Coordinator
RE:
DATE:
Salaries of Council
Ii III \ 4 <-I
August 12, 1994
]V
The City Charter (Section 3.04) provides that "the Mayor and Counci1members
shall receive such lawful compensation as is fixed by the Council by ordinance."
Minnesota Statutes Chapter 415.11, Subd. 2, provides that:
"No change in salary (for elected City officials) shall take effect
until after the next succeeding election."
If the Council desires to change the compensation for the Mayor and Council, it
would have to do so before the upcoming election. It is unclear as to whether
or not the ordinance change needs to take effect prior to the primary or the
general election. However, if a change is desired, it would be better to do it
before the primary and eliminate any problems on the question.
I have placed this on the agenda for your consideration.
~fle
~
-'
e
_
e
e
e
ORDINANCE NO. 7q3
ESTABLISHING SALARIES OF THE MAYOR AND COUNCIL
OF THE CITY OF STILLWATER
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Section 1. Ordinance No. 684 of the City of Stillwater shall be repealed effective
January 1, 1995.
Section 2. Amending Section 22.03 of the Stillwater City Code, said Section 22.03 shall
hereafter read as follows:
"22.03. Salaries Established. Each Council Person of the City of Stillwater shall, during
the term of office, be paid the sum of $ per month, said sum to be paid
monthly. The Mayor of the City of Stillwater shall, during the term of office, receive the sum
of $ per month, payable monthly."
Section 3. This ordinance shall be in full force and effect from and after January 1 ,
1995 and its passage and publication according to law.
Passed by the City Council this
day of
,1994.
Mayor
ATTEST:
CITY CLERK
Note: Present salaries are _ Council $400.00/month, Mayor $500,OO/month. The last salary
change was made effective January 1, 1989.
e
e
ELECTED OFFICIALS SALARY SURVEY
compiled by the Association of Metropolitan Municipalities
MAY 1994
CITIES WITH POPULATION UNDER 2,500
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Bethel 428 2 $ 960 $ 960 $720 $ 720 $720 $ *
Birchwood Village 1,042 1 * * 600 * * 300
Carver 756 1 900 900 900 600 600 600
centerville 1,968 2 2,100 2,100 2,100 1,020 1,020 1,020
Coates 184 1 500 500 500 300 300 300
Cologne 567 2 600 600 600 480 480 480
Dellwood 893 2 $ No salary * $ 1 No salary *
Excelsior 2,395 2 1200 1,200 1,200 600 600 600
Elko 234 1 * 720 720 * 480 480
Gem Lake 440 .1 1700 1,700 1,540 728 728 660
Greenfield 1,528 1+ 1200 1,200 1,200 600 600 600
Greenwood 612 1 * * 3,600 * * 2,400
Hamburg 502 1 600 600 600 480 480 480
Hanover 331 2 * 1,200 1,200 * 900 900
Hampton 385 1 * 740 * * 540 *
Hilltop 755 1 3000 3,000 3,000 2400 2,400 2,400
Lakeland 2,006 1 3000 3,000 3,000 2300 2,300 2,300
Lakeland Shores 295 1 none none 920 none none 860
-1-
e e e
------- ~- - -- ~--~----_..- - -- ----- ---
-
e
-
CITIES WITH POPULATION UNDER 2,500
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG.
MUNICIPALITY METRO COUNCIL MO 1994 1993 1992 1994 1993 1992
Lake st. Croix Beach 1,103 1 960 960 960 720 720 720
Lexington 2,210 2 1,800 1,800 1,800 1,500 1,500 1., 500
Lilydale 501 1 * 2,400 1,200 * 1,020 500
Long Lake 1,995 2 3,600 3,600 3,600 3,000 3,000 3,000
Loretto 444 1 800 800 800 600 600 600
Maple Plain 2,076 2 2,400 2,400 2,400 1,200 1,200 1,200
Marine on st. Croix 607 0 * 1,250 1,250 * 500 500
Mayer 495 1 15.00 600 600 600 480 480 480
Medicine Lake 388 1 180 * 180 120 * 120
Mendata 164 1 700 180 360 500 120 240
Miesville 135 1 45 or 50 * 480 420 360 300
Minnetonka Beach 612 1 No Salary * * No Salary * *
New Germany 366 1 10.00 480 480 480 360 360 360
New Market 224 1 15.00 * 1200 540 * 600 300
-2-
CITIES WITH POPULATION UNDER 2,500
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG.
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
New Prague 2,481 2 .2,400 1,800
New Trier 96 1 * 480 480 * 325 300
Northfield 217 4,800 3,600
Norwood 1,377 1 720 720 720 480 480 480
pine Springs 434 1 No salary No Salary
Randolph 448 1 * * 960 * * 480
Rogers 730 2 1500 1500 1,500 1,200 1,200 1,200
st. Bonifacius 1,191 2 10.00 1,500 1,500 1,500 1,200 1,200 1,200
st. Mary's Point 358 1 * * 600 * * 420
Spring Park 1,474 2 2,400 2,400 2,400 1,800 1,800 1,800
Sunfish Lake 436 1 No Salary No Salary
Tonka Bay 1,474 2 1,800 1,800 1,400 1,800 1,200 1,000
Vermillion 510 1 100 - 600 720 720 540 540 540
by attendees
victoria 2,669 2 2,275 2,275 2,275 1,635 1,635 1,635
-3- .
e e e
----.-- ---
-
e
e
CITIES WITH POPULATION UNDER 2,500
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Watertown 2,459 2 M45; 1,215 1,080 1,080 1,080 960 960
cc40
willernie 587 1 600 600 600 480 480 480
Woodland 489 1 40 40 40 20 20 20
Young America 1,386 1 1,320 1,320 1,320 720 720 720
-4-
CITIES WITH POPULATION FROM 2,500 TO 10,000
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG.
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Afton 2,736 1 1,800 $1,800 $1,800 1,200 $1,200 $ 1,200
Arden Hills 9,513 2 3,600 3,600 2,900 3,180 3,180 2,300,
Bayport 3,155 1 2,700 2,700 2,700 2,100 2,100 2,100
Belle Plaine 3,184 2 2,000 1,800 1,400 1,800 1,400 1,100
Circle pines 4,779 2 2,000 1,500 1,500 1,450 1,125 1,125
Corcoran 5,405 2 1,800 1,800 1,800 1,200 1,200 1,200
Dayton 4,571 2 1,750 1,750 1,750 1,250 1,250 1,300
Deephaven 3,681 2 2,400 2,400 2,400 600 600 600
East Bethel 8,417 2 2,700 2,700 2,700 2,400 2,400 2,400
Falcon Heights 5,293 2 300 in 4,500 4,500 4,500 3,600 3,600 3,600
budget
Farmington 6,347 2 3,000 3,000 3,000 3,000 3,000 3,000
Forest Lake 6,098 2 25/mtg 1,200 1,500 1,500 1,000 1,200 1,200.
Ham Lake 9,273 2 4,000 4,000 4,000 3,200 3,200 3,200
Hugo 4,836 2 MY 90; 2,160 2,160 600 1,800 1,800 480
CC 75
-5-
e e e
'e
e
e
CITIES WITH POPULATION FROM 2,500 TO 10,000
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG.
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Independence 2,944 2 1,800 1,800 1,800 1,200 1,200 1,200
Jordan 3,015 2 3,300 3,300 3,300 1,800 1,800 1,800
Lake Elmo 5,965 2 2,400 2,400 2,400 1,800 1,800 1,800
Lauderdale 2,710 2 2,456 2,456 * 1,376 * 1,376
Little Canada 9,081 2 4,080 4,080 4,080 3,180 3,180 3,180
Mahtomedi 5,851 2 1,800 1,800 1,800 1,500 1,500 1,500
Medina 3,430 2 2,700 2,700 * 1,800 1,800 1,200
Mendota Heights 9,926 2 3,600 3,600 3,600 2,400 2,400 2,400
Minnetrista 3,555 2 2,400 2,400 1,800 1,840 840 1,800
Mound 9,652 3 1,800 1,800 1,800 1,200 1,200 1,200
. Newport 3,756 2 3,000 3,000 3,000 2,400 2,400 2,400
New Prague 3,683 2 2,400 2,400 2,400 1,800 1,800 1,200
North Oaks 3,516 1 180 180 180 120 120 120
-6-
CITIES WITH POPULATION FROM 2,500 TO 10,000
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Oak Grove Twsp. 5,756 2 * * 3,000 * * 2,400
Oak Park Heights 3,627 2 3,000 3,000 3,000 2,400 2,400 2,400
Orono 7,303 2 3,600 3,600 3,600 2,900 2,900 2,900
Osseo 2,660 2 1,200 1,800 1,200 1,020 1,200 1,020
Rockford 2,759 2 45 & 35 1,000 1,000 1,000 750 750 750
Rosemount 9,750 2 in town 4,200 4,200 4,200 3,600 3,600 3,600
20;out 25
st. Anthony 7,994 2 25 HRA 4,680 4,500 4,500 3,120 3,000 3,000
st. Francis 2,719 2 1,800 1,800 1,800 1,200 1,200 1,200
st. Paul Park 5,116 2 3,300 3,300 3,300 2,700 2,700 2,700
Shorewood 6,322 2 3,000 3,000 2,400 2,400 2,400 1,800
Spring Lake Park 6,598 2 4,200 4,200 4,200 3,600 3,600 3,600
victoria 2,669 2 2,275 2,275 2,275 1,635 1,635 1,635
Waconia 3,689 2 2,400 2,400 2,400 2,000 2,000 2,000
Wayzata 3,882 2 3,600 3,600 3,620 2,400 2,400 2,400
-7-
-
e
-
-e
White Bear Twsp.
e
e
9,985
3 EDA200/mo 6,000
6,000
-8-
CITIES WITH POPULATION FROM 10,000 TO 20,000
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG. MTG
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Andover 16,887 2 $4,200 $4,200 $4,200 $3,600 $3,600 $3,600
Anoka 17,409 2 4,200 4,200 4,200 3,570 3,570 3,570
Champlin 18,244 2 4,976 4,976 4,700 3,971 3,971 3,750
Chanhassen 12,863 2 3,600 3,600 3,600 2,400 2,400 2,400
Chaska 12,430 2 3,600 3,600 3,600 3,000 3,000 3,000
Columbia Heights 19,055 2 9,000 13,800 13,800 7,800 7,800 7,800
Hastings 16,032 2 4,800 4,800 4,800 3,600 3,600 3,600
Hopkins 16,419 3 5,200 5,200 5,200 4,000 4,000 4,000
Lino Lakes 10,056 2 40max 4,500 3,500 3,500 3,600 2,600 2,600
2/month
Mounds View 12,638 2 reg/1 sp. 5,100 3,600 3,600 4,500 3,300 3,300
Northfield 15,052 2 4,800 4,800 4,800 3,600 3,600 3,600
North st. Paul 12,710 2 5,400 4,200 5,400 4,200 3,000 4,200
Prior Lake 11,876 2 4,200 4,200 4,200 3,000 3,000 3,000
Ramsey 13,269 2 6,000 6,000 6,000 4,500 4,500 4,500
Robbinsdale 14,429 2 45/Mtg 6,600 6,600 6,600 5,280 5,280 5,280
-9-
e e e
~-----_.--- - --- - ----- ------~._---
-T--
.e
e
e
CITIES WITH POPULATION FROM 10,000 TO 20,000
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMB:RS.
PER MTG/ MTG
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Savage 11,775 2 5,100 5,100 5,100 4,200 4,200 4,200
Shakopee 12,344 2 6,120 6,120 6,120 5,100 5,100 5,100
stillwater 14,598 2 7,200 7,200 7,200 6,000 6,000 6,000
Vadnais Heights 11,420 2 3,600 3,600 3,600 2,400 2,400 2,400
West st. Paul 19,286 2 4,200 4,200 4,200 3,600 3,600 3,600
-10-
CITIES WITH POPULATION OVER 20,000
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Apple Valley 37,035 2 $8,400 $8,400 $7,200 6,000 6,000 6,000
Blaine 40,501 2 9,024 8,724 8,424 6,600 6,372 6,216,
Bloomington 86,927 2 16,000 15,000 15,000 10,000 10,000 10,000
Brooklyn Center 28,558 2 7,300 7,150 7,000 5,300 5,150 5,000
Brooklyn Park 57,688 2 13,140 12,900 12,600 8,760 8,580 8,400
Burnsville 52,733 4 9,000 8,700 7,920 6,420 6,180 5,400
Coon Rapids 56,493 3 10,000 10,000 10,000 9,000 9,000 9,000
cottage Grove 24,574 2 6,600 6,600 6,600 4,800 4,800 4,800
Crystal 23,839 2 7,421 7,421 7,421 5,626 5,626 5,626
Eagan 51,068 2 9,000 7,200 7,200 6,480 5,400 5,400
Eden prairie 41,272 2 2hrs25 7,200 7,200 6,000 6,000 6,000 4,800
+2, 50
Edina 46,916 2 7,050 7,100 7,050 5,100 5,100 5,100
Fridley 28,369 2 8,400 8,400 8,400 6,900 6,100 6,100
Golden Valley 21,019 2 9,105 9,105 9,105 6,815 6,815 6,815
-11-
e
e
e
e
tit
e
CITIES WITH POPULATION OVER 20,000
POPULATION 1992 REG. SP. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS.
PER MTG/ MTG
MUNICIPALITY METRO COUNCIL MO. 1994 1993 1992 1994 1993 1992
Inver Grove Heights 23,721 3 7,500 7,000 5,000 6,000 6,000 4,200
Lakeville 27,982 2 8,400 7,800 7,200 7,200 6,600 6,000
Maple Grove 41,420 2-4 8,000 8,000 7,200 6,000 6,000 6,000
Maplewood 31,909 2 8,686 8,458 7,908 7,644 7,644 6,959
Minnetonka 49,266 4 8,400 8,400 8,400 5,604 5,604 5,640
New Brighton 22,324 2 7,200 7,200 7,200 5,580 5,580 5,580
New Hope 21,875 2 8,280 8,078 8,089 6,006 5,860 5,716
Oakdale 20,574 2 6,000 6,000 6,000 5,820 5,820 5,820
Plymouth 53,781 2 8,600 8,600 8,600 6,300 6,300 6,300
Richfield 35,625 2 7,573 7,573 7,573 5,878 5,878 5,878
Roseville 33,522 2 7,800 7,200 7,200 6,000 5,400 5,400
st. Louis Park 43,875 2 9,000 9,601 7,200 7,200 7,202 4,800
Shoreview 25,345 2 6,492 6,492 6,240 4,872 4,872 4,680
South st. Paul 20,295 2 7,200 7,200 7,200 4,200 4,200 4,200
White Bear Lake 25,101 2 4,800 4,800 4,800 3,600 3,600 3,600
Woodbury 23,252 2 4,920 4,920 4,620 3,600 3,600 3,300
*No Response
-12-
e
e
e
M:.
MEMORANDUM
TO: Mayor and City Council
FROM: City Coordinator
SUBJECT: Assessment Hearings
DATE: September 1,1994
'TIle following is the recommended schedule for assessment hearings on various Locallmprovements
(all at 7:00 p.m.).
Tuesday, September 27
LI 274 Sidewalk Improvements
LI 284 Mjltle Street Drainage
LI 302 Highlands 5th
Tuesday, October 4
LI 303 North BroadwaylWilkins Street
Tuesday, October 11
LI 285 Southeast Area Sewer
LI 296 Northland Avenue
LI 297 William Street
LI 298 Sherburne Street
LI 299 South 6th Street
LI 300 Mulberry Street
LI 301 Market Place
LI 306 Highlands 6th
The proposed schedule is based largely on the time needed to prepare the assessment rolls and to
prepare and mail hearing notices to the property owners.
The hearings need to be conducted prior to October 15th for the City to be able to certify the
assessments for collection beginning in 1995. It is important to assess this year because of debt
st..'f\~ce payments that will have to be made in 1995 and to minimize the amount of interest property
owners have to pay on assessments.
'lbe hearing on September 27th will probably take about 2 hours and the hearing on October 4th (a
ft.'gular meeting day) will probably be about 20-30 minutes. However, the hearings on October 11th
could take up to 4 hours, Therefore, the Council may want to set hearings for another date prior to
October 15th (e.g. 10/12 or 10/3)and split up the hearings scheduled for October 11 tho
Statf can further explain the schedule at the meeting Tuesday.
e
e
e
I
I 'U\ .
:MEMORANDUM
TO:
Mayor and City COlmcil
t-\t~/'
FROM:
Klayton Eckles, City Engineer
SUBJECT: Myrtle Street Rehabilitation Project, LI 307
DATE: September 1, 1994
DISCUSSION
SEH has prepared the plans and specifications for the Myrtle Street concrete rehabilitation project,
which involves the repair of the concrete pavement between Owens and Fifth Street. Dick Moore will
be at the meeting to present the project to the Council.
RECOMMENDATION
I recommend Council accept the plans and specifications and authorize staff to advertise for bids.
e
e
e
'\l ~ ~...
~SaJ
3535 VADNAIS CENTI!.~ DRIVE, 200 SEH CBNTER, sr PAUL, MN 55110 6124..QO-2000 800 325-2055
ARCH1TECTUR~ ENGINEERING ENVIRONMENTAL TRANSPORTATION
August 1, 1994
RE: STILLVVATER,~SOTA
WEST WILKINS & MYRTLEVVOOD
L.r. 303 & 304
SEH NO. A-STILL9412.00, 9415.00
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Attention: Klayton Eckles:
On Monday August 29,1994, three bids were received for the Wilkins Street and Myrtlewood
Improvements in Stillwater. These improvements include the installation of utilities and streets
to serve the Wilkins and Broadway area in the northern portion of the city and the Myrtlewood
Plat off Myrtle Street. A summary of the bids is as follows:
1-
2.
3.
Tower Asphalt, Inc.
Ro~So Contracting
Sue's Excavating
$212,186.10
223,092.40
235,549.52
$175,684.30
Engineers Estimate
The bids are substantially above the engineers estimate. The developers of both projects have
been contacted about the prices bid, however they have not at the time of this letter decided if
they want the City to award the project. We will work with the developers and staff and will
have a verbal recommendation at the Council meeting on September 7, 1994.
Sincerely,
t~r<fJ J-
Barry C. Peters, P .E.
bep
SHORT ELLIOTT
H~NDRICKSON INC.
CHIPPEWA FALLS, WI
MADISON, WI
MINNEAPOLIS, MN
ST. CJ..OUO, MN
~. '.
~
PROPOSAL FOR
e LANDSCAPE ARCHITECTURAL SERVICES
LOWELL PARK PHASE ONE
MULBERRY POINT AND LEVEE WALL
STILLWATER, MINNESOTA
Revised August 30, 1994
TO:
City of Stillwater
City Hall
216 North Fourth
Stillwater, Minnesota 55082
OWNER
FROM:
Sanders Wacker Wehrman Bergly, Inc.
365 East Kellogg Boulevard
Saint Paul, Minnesota 55101-1411
PH: 612-221-0401 FX: 612-297-6817
LANDSCAPE ARCHITECT
SCOPE OF SERVICES
e
Sanders Wacker Wehrman Bergly, Inc, Landscape Architects and Planners, propose to provide the
following landscape architectural services for the Lowell Park Phase One, Mulbeny Point and Levee
Wall, located at the riverfront in downtown Stillwater, Minnesota.
I. DESIGN DEVELOPMENT DOCUMENTS
A. Meet with the City staff to refine the program, schedule, budget and process for
canying out the project.
B. Review the status of the base mapping for the Lowell Park area and request any
additional survey information that may be needed.
C. Prepare up-dated design development documents based upon the current program and
the Lowell Park Renovation Plan.
The design development documents will address the following items:
1. Knee Wall
The knee wall includes the proposed flood wall between Lowell Park and the
parking areas from Nelson Street to Mulbeny Street. Design development
e
1
. (
documents or appropriate input will be provided for the knee wall and other
items, including: _
a. The parking areas between Lowell Park and the railroad tracks from
Nelson Street to Mulberry Street.
b. Utilities including location of transformers, electrical outlets,
underground utility locations, electrical service in the park and
provisions for water and irrigation.
c. Access areas between the parking and the park, including walks, steps,
ramps and stairways.
d. Landscaping.
e. Site furnishings.
2. Levee Wall
The levee wall includes the entire existing and new levee wall that will be
repaired and/or replaced and extended from the area south of Nelson Street
to Mulbeny Point, as provided in the Corps of Engineers program, including:
a.
b.
Park light standards
Ornamental safety railing
Wall fountain
Balustrade and chain
Bronze wall plaques
Landscaping (between lower and upper wall)
Steps, ramps and stairways
Levee Road/walkway improvements
-
c.
d.
e.
f.
g.
h.
3. Performance Area
The performance area includes the area of Mulberry Point as described in the
Lowell Park Renovation Plan in the chapter titled "The Performance and
Major Events Area".
4. North Picnic Area
The north picnic area includes the north end of Lowell Park as described in
the Lower Park Renovation Plan in the chapter titled "The North Picnic
Grounds".
5. Restored Formal Gardens
The restored formal gardens includes the area of Lowell Park between
Chestnut Street and Myrtle Street as described in the Lowell Park Renovation
Plan in the chapter titled "The Restored 1916/1931 Formal Gardens".
e
2
{ljtj.~
"' '.
e
e
e
6,
Nelson Street Cul-De-Sac
The Nelson Street cul-de-sac includes the area of Lowell Park at the end of
the Nelson Street as described in the Lowell Park Renovation Plan in the
chapter titled "The Nelson Street Cul-De-Sac".
D. Prepare updated cost estimates for the work.
E. Coordinate the plans for Mulberry Point with the plans for the replacement and
extension of the levee wall by the U. S. Army Corps of Engineers.
F. Meet with the appropriate public agencies, committees, commissions and citizen
groups to present the plans and obtain input.
G. Present the plans to the City Council for approval of the design development
documents and authorization to proceed with the construction documents.
II. ADDITIONAL SERVICES ON LEVEE WALL
If requested by the City of Stillwater, Sanders Wacker Wehrman Bergly, Inc., will provide
additional services on the levee wall project. The following services may be provided:
A.
Services During the Preparation of Construction Documents
1. Review and comment on the construction documents for levee wall,
particularly on the compatibility of the plans with the Lowell Park Renovation
Plan.
2. Assist with the preparation of various details and/or specifications as
requested.
3. Assist with the prep.aration of various cost estimates for the work as
requested.
B. Services During Construction
1. Periodically visit the site and observe the construction in progress. Provide
comments to the City on the compatibility of the work with the Lowell Park
Renovation Plan.
2. Assist with the resolution of changes to and/or interpretations of the
construction documents as requested.
3. Review proposed change orders and comment on the compatibility of the
change with the Lowell Park Renovation Plan.
3
FEE SCHEDULE
HOURLY RATES
Sanders Wacker Wehrman Bergly, Inc. will provide the landscape architectural services described
herein at the following hourly rates:
Principal Landscape ArchitectIPlanner
Landscape ArchitectIPlanner 4
Landscape ArchitectIPlanner 3
Landscape ArchitectIPlanner 2
Landscape ArchitectIPlanner 1
ClericallTechnical
$ 65.00 per hour
$ 50.00 per hour
$ 45.00 per hour
$ 40.00 per hour
$ 35.00 per hour
$ 25.00 per hour
The fees for the services provided to the City of Stillwater will be billed on a monthly basis at the
standard hourly rates listed above. Invoices will list the individuals working on the project, the
number of hours worked, their hourly rates and total amount due. Costs for printing, presentations
materials and other expenses will be billed at their actual costs.
LUMP SUM FEE
Sanders Wacker Wehrman Bergly, Inc. will provide the landscape architectural services described
herein for a total lump sum fee of$21,000.00.
4
.f'
e:
e
e
~. ~
.. .
-
e
e
BREAKDOWN OF ESTIMATED HOURS AND FEES
The following breakdown by hours and fee for each task is estimated based upon the work program
described in this proposal. For purposes of estimating the fee, we have used an average hourly rate
of $50.00.
TASK HRS RATE TOTAL
I. DESIGN DEVELOPMENT DOCUMENTS
A. Meetings with City Staff 8 $50.00 $400.00
B. Base Mapping 24 $50.00 $1,200.00
C. Prepare Design Development Docwnents
1. Knee Wall 40 $50.00 $2,000.00
2. Levee Wall 56 $50.00 $2,800.00
3. Performance Area 56 $50.00 $2,800.00
4. North Picnic Area 56 $50.00 $2,800.00
5. Restored Formal Gardens 56 $50.00 $2,800.00
6. Nelson Street Cul-de-Sac 40 $50,00 $2,000.00
D. Prepare Updated Cost Estimates 16 $50.00 $800.00
E. Coordinate with Corps of Engineers 24 $50.00 $1,200.00
F. Meetings 36 $50.00 $1,800.00
G. Restoration 8 $50.00 $400.00
TOTAL FEE $21 00000
ll. ADDITIONAL SERVICES ON LEVEE WALL
Additional services on the levee wall project will be provided on an hourly basis as requested. The following are
estimated hours and fees that may be needed.
A. Services During Preparation of Construction Docwnents
1. Review and Comment 24 $50.00 $1,200.00
2. Assist with Details & Specifications 40 $50.00 $2,000.00
3. Assist with Cost Estimates 16 $50.00 $800.00
$4,000.00
B. Services During Construction
1. Site Observations 40 $50.00 $2,000.00
2. Assist with Interpretations 24 $50.00 $1,200.00
3. Review Change Orders 24 $50.00 $1,200.00
$4400.00
5
.r
DEPARTMENT OF THE ARMY
ST. PAUl DISTRICT, CORPS OF ENGINEERS
190 FIFTH STREET EAST
ST. PAUl, MINNESOTA 55101.1838
REPLY TO
ATTENTION OF
May 25, 1994
e
Project Man2.gement Branch
Programs and Project Management Division
MAY 25 1994
Mr. Steve Russell
Community Development Director
City of Stillwater
216 North Fourth Street
~til1water, Minnesota 55082
Dear Mr. Russell:
This is intended to clarify the Corps' need for a plan of Lowell Park features.
In January 1994, I met with city staff to discuss the development of the levee wall
project. At that time, it was agreed that Lowell Park features would not be designed and
constructed as part of the wall project, but that the wall project could be designed to
accommodate future park features, where possible. In order to do this, however, the _
layout details of such features would have to be defined by December 1994 in order to -
accommodate them in the wall design. For example, locations and dimensions of
balustrades, stairways, and ramps would need to be defined. City staff indicated that a
refined plan for Lowell Park could be developed by December 1994. However, if a plan
was not developed by December 1994, it was agreed that the levee wall project would
not be designed to accommodate potential park features.
H we need to discuss this any further, please call me at 290-5729 to arrange a
meeting. Thank you. .
Sincerely,
~:;4A r:fifeL
Marsha Risch
Project Manager
Copy Furnished:
Ed Cain
707 Lake Drive
Stillwater, Minnesota 55082
e
-
e
, .
MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director r
DA: September 1, 1994
RE: LANDSCAPE SERVICES FOR CORP LEVEE WALL PROJECT
In order for the Corps of Engineers to incorporate Lowell Park renovation plan improvements
into their levee wall construction, the city will have to have specific park plans prepared. The
enclosed letters from Marsha Risch (Corp of Engineers) and Edwin Cain (Legislative Associates)
explain the need for the plans.
The enclosed proposal from Sanders, Wacker, Wehrman and Bergley Landscape Architects for
the Lowell Park Plan for landscape architectural services provides the needed parks plans
information. With these plans the Corp will be able to prepare levee wall related improvements
that accommodate eventual park improvements.
Recommendation
Approval of contract with Sanders, Wacker, Wehrman and Bergley for the preparation of design
redevelopment documents for the levee wall and Lowell Park related improvements.
Attachments:
Proposal for landscape architectural services
Letters from Marsha Risch, Corp of Engineers
Edwin Cain, Legislative Associates
---~---~- ------~- - - - - --- - - - -- - -- -------~--~------ - - -- - - - --....
II
SANDERS
WACKER
WEHRMAN
BERGLY
:}'., y,..-.',,-iJ ~~ c~.".:
.~.. . "%"
. . , ..
~
"vt"~i ' ,,}
IF ~a
~~\J!;. I '
\:.~. . ../
..... ~ f ,"..
,.~~ .....:.
...-:-~' ~...~~ . .~.~--:
LANDSCAPE
ARCHITECTS
AND
PLANNERS
.
365 East Kellogg Boulevard
Saint Paul, Minnesota 55101
612-221-0401
Fax: 612-297-6817
August 30, 1994
Mr. Steve Russell
Community Development Director
City Hall
216 North Fourth
Stillwater, Minnesota 55082
RE: REVISED PROPOSAL FOR LANDSCAPE ARClllTECTURAL SERVICES
Lowell Park Phase OnelMulberry Point and Levee Wall
Dear Steve,
I am pleased to submit the following revised proposal to provide landscape architectural services for
the construction of Lowell Park Phase OnelMulberry Point and Levee Wall.
Our office is looking forward to implementing the Lowell Park Renovation Plan and to working with
you on the Project. If you have any questions, please give me a call.
Sincerely,
W' ·
William D. Sanders ASLA
Landscape Architect
:dmn
Ene.
,
~- --~ ------------~-------~-- ~----------~- - ----- ----- - - - - - ---
100
LEGISLATIVE ASSOCIATES, INC.
e
<
" MINNESOTA OFFICE:
P.O. Box 2131
Stillwater, MN 55082
(612) 439-7681
Fax (612) 439-7319
WASHINGTON OFFICE:
7920 Towerbell Court
Annandale, VA 22003
703) 560-7129
Fax (703) 5604632
June 6, 1994
Mr. Steve Russell, Director of Development
City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
Dear Steve:
Stillwater City officials met with the U.S. Army Corps of Engineers shortly after
the Congressional approval of the appropriation for the levee wall system, for the
purpose of clarifying the process and procedures for the planning and construction
phases of the project. We also discussed the time table in which these actions would
take place.
e
The development of the Lowell Park plan became a major issue of clarification
because of the inevitable tie-in between the Park and the levee projects. The
Congressional appropriation dealt specifically with the flood and erosion protection of
the waterfront, consequently, the Corps was careful to delineate which construction
items associated with the levee project.
There are a number of aspects of the construction of the levee, however, that
can be accommodated in the planned development of Lowell Park. It includes the .
placement of ramps for handicap accessibility, the location of stairways, the provision
for boat tie-ups, the positioning of memorial plaques, and many other items. The
Corps was very willing to take the needs of the Park into consideration in the planning
and construction of the levee. Ignoring these considerations would increase the cost
of the Park project unduly, and could require result modifying some of the newly
constructed levee system. In addition, to the extent possible, we obviously want the
levee wall system to blend in with the planned Park development.
In order to accommodate the City, and to avoid any delays in the construction of
the levee system, the Corps stated they must have the details of the Park plan
available to them by December, 1994. This will permit the projects to move ahead with
the least difficulty, and in the most efficient and cost-effective manner. Without this
information, the Corps will move ahead with the levee construction without the
necessary accommodations for the Park development.
e
Page 2.
Please initiate whatever action is necessary with the Council to assure that the
necessary coordination of the two projects can take place, if this it is their desire to e
coordinate these activities. I will be happy to meet with the Council and City Officials to
clarify the situation, or respond to any questions that may arise.
Thank you for your assistance in this matter. Please let me know if you need
additional information.
Edwin E. Cain. LAI
cc: Nile Kriesel
e
e
..
MEMORANDUM
e
TO:
Mayor and City Council
Steve Russell, Community Development Director ~
FR:
DA:
June 2, 1994
RE:
LOWELL PARK PLANS AND SPECIFICATIONS
Background:
In 1992, the city prepared the Lowell Park Plan that is to guide the restoration and redevelopment
of Lowell Park and the Levee WalL
Discussion:
The Corps of Engineers is now preparing design specifications for the levee wall and needs
specific design details as to where to locate balhestrades, stairways, plaques and ramps. In order
to appropriately provide that information, council should consider preparing plans and
specifications for the Lowell Park improvements including the Mulberry Point phase and the area
north of Myrtle Street.
e The firm of Sanders, Wacker, Wherman and Bergley would be the logical landscape architects to
prepare the plans and specifications since they assisted in developing the plan and understand
the project. They could also recommend other parts of the Lowell park plan which could be
implemented as part of the levee project.
Staff Recommendation:
Direct staff to get a proposal from the firm of Sanders, Wacker, Wherman and Bergley on an
estimate of costs to prepare the plans and specifications for the Lowell Park improvements as it
relates to the levee wall; required by the Corps of Engineers.
~"'1"4 '7
eLl
e
11
e
August 22, 1994
Mayor Charles Hooley
Stillwater City Council Members
216 North Fourth Street
Stillwater, Mn 55082
In Re: Application for Utility Assistance
Dear Mayor Hooley and Members of the Stillwater City Council:
We are the owners of the property located at 239-243 South Main Street
in downtown Stillwater. On April 17, 1992, we received a letter from
then-Mayor Abrahamson advising us that the Stillwater City Council had
taken action to assist property owners with their additional utility
costs caused by the IIDowntown Improvement Project.1I
e
Mayor Abrahamson's letter, a copy of which is attached hereto, advised
us that the IIUtility Assistance Programll was intended to be a one-time
program to assist property owners who had contracted and paid for private
improvements to utility systems in order to connect to public improve-
ments that were directly related to the IIDowntown Improvements.1I As a
part of the Downtown Improvement Project, we were required to change
our electrical service from overhead to underground at a total cost of
$10,420.00. Pursuant to Mayor Abrahamson's letter, on June 15, 1992, we
forwarded our application for utility assistance to Mayor Abrahamson.
We are enclosing a copy of our application, our letter to Mayor Abrah-
amson, and the bill from Linner Electric. Apparently our application
has never been processed by the City.
We assume that we are eligible for assistance because of the fact that
the utility work done to our property was work that was IIrequiredll in
conjunction with the IIdowntown improvementsll, and that the work in
question was completed and paid for. We request that our application
be processed at this time.
Should you need any additional information regarding our application,
please do not hesitate to contact us.
,.'
Sincerely,
e
e
e
e
refephone 439-6345
McGarry-Kearney Agency
243 South Main Street,
Stillwoter, Minnesota 55082
June 15. 1992
Hon. Wally Abrahamson, Mayor
City of Stillwater
216 No. 4th Street
Stillwater. MM. 55082
Dear Mayor Abrahamson:
Under separate cover we have enclosed our applications for utility 'assis-
tance as per your letter of April 17.1992.
We are not applying for assistance under water and sanitary sewer as none
is required here. The storm sewer separation is not completed as yet and
we are not concerned about assistance for this item as this was an expected
expense.
The item that gives US Qur greatest concern is the electrical hook~up. You
will recall we addr~$~~:our concerns to you back i~ March.of(1~91 in both
conversations and corre$pOndence. As you can see by our bill :from Linner
Electric our charge for this required "Downtown Improvement" was $10,420.00..
We feel it would be redundant to go into our position on this matter at this
time.
We would like to make further improvements on the Water Street side of our
property such as blacktopping, etc., and certainly a substantial assistance
with this eJectricial charge would go a long way in helping us to achieve
this goal.
We wish to take this opportunity to thank you and the council for your con-
sideration to our request.
Yours truly,
Robert W. McGarry
Glenice J. McGarry
" ~~'t. ~~
;t\~ 't
lP~1
~i1~ate~
THE '"''H''' OF ."'''D~
April 17, 1992
Dear Property Owner:
This letter is to inform you of action-taken by the City Council of the City of
Stillwater to assist property owners with their additional utility costs caused
by the "Downtown Improvement", L.I. 257. The City Council recognizes that some
property owners have incurred additional expense in conjunction with the
"Downtown Improvement" and has authorized the acceptance of applications from
property owners for the "utility Assistance Program".
e
The "utility Assistance Program" is intended to be a one-time program to assist
property owners that have contracted and paid for private improvements to utility
systems in order to connect to public improvements that, were directly related
to the "Downtown Improvementsll. Eligible costs and expenses will be determined
by the description of the work involved with follow up inspections and/or
verifications by the City of Stillwater.
This "utility Assistance Program" will provide partial reimbursement for utility
costs. The City of Stillwater makes no guarantee at this time as to the amount
of assistance to property owners. Assistance levels will be determined by the
City of Stillwater based on funds availability and the applications for
assistance received.
To be eligible for the "utility Assistance Program":
1. utility work MUST have been "required" in conjunction with the
"Downtown Improvements".
2. Utility work must be completed and paid for.
Application Process:
1. Fill out the application for assistance completely and return by JUNE
15, 1992.
2. Attach copies of documentation to substantiate ALL dollar amounts
claimed (i. e,. receipts, copies of checks, etc.) for eligible
expenses.
3.
If you are requesting assistance for more than one parcel, separate
applications for each parcel must be submitted with costs pertaining
to each individual parcel.
e
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
Examples of eligible expenses are:
e
1. Expenses paid to a plumbing contractor to reconnect water pipes
inside your building if a new watermain stub was installed as part
of the "Downtown Improvement"
2. Expenses paid to an electrical contractor to reconnect electric
service to your building if electrical underground improvements were
made as part of the "Downtown Improvements" that directly affected
your electric service.
3 . Expenses paid to a plumbing contractor to connect storm sewer
discharge on your property if separating the storm sewer and sanitary
sewer was a part of the "O,g~ntown Improvement" that directly affected
your property.
Examples of expenses that are NOT eligible include:
1. Expenses paid to an electrical contractor for work done on your
property, if the electrical work done as part of the "Downtown
Improvement" did not effect your property.
2. Amounts that have been specially assessed to properties.
3. Costs for upgrades or betterments to existing utility services.
One application for each type of utility service (i. e., electrical, water, storm e
sewer and sanitary sewer) is enclosed with this letter.
If you have ,any questions regarding the "utility Assistance Program" please feel
free to contact Mr. steve Russell at 439-6121.
Once again, the deadline for submitting applications is June 15, 1992.
;;l;;;l~
Wally Abrahamson
Mayor
City of Stillwater
DO/smc
Enclosures
e
..{.~h
e
e
e
,',
ELECTRICAL
APPLICATION FORM: A
UTILITY ASSISTANCE PROGRAM
Person Requesting Assistance:
Name Robert W. and G1enice J. Mc0&rr7
Address 243 So. MaiB Street, St1llwater, MN 55082
Telephone Number (Horne) 439-6251
(Work) 439-6345
Identification of Property for Assistance: 10692-2700
243 So. Itlin Street, Stillwater, MN 55082
Address
Parcel Identification Number 10692-2700
(from property tax statement)
Type of utility Work Completed:
A. ELECTRICAL
Description of Work Completed (be specific):
Hook up undergroUBd wiring to bui1diJlg as required by' imprOftlllea\
progruaPbase I. (See more detailed d..vip1;1.. 0Jl proposal frfD
~ . <
LiDner E1ectrle)
\11 l
.,
Contractor: Name
tinner Electric COm.p&.ny'
Address 14580 61st Street Ct. N., stillwater, MN 55082
439-4072
Telephone Number
Cost $ 10,420.00
Attach and enclose copies of documentation to substantiate all costs. Please
separate documentation by type of work done (i.e., storm sewer, sanitary sewer,
water, electrical), if possible. Make copies of form as needed.
Return application and attachments to the address below by June 15, 1992:
City Hall
Attn: utility Assistance Program
216 North Fourth street
Stillwater, MN 55082
Applications without documentation will not be accepted.
Application deadline is June 15, 1992
"rnpulial
Page No.
of
Pages
" ~.,
.-. .,
LINNER,:ELECTRICCO.
14580 51st St. Ct. N.
snLlWATER, MN 55082
(612) 439-4072
e
PROPOSAL SUBM11TED 'TO
McGarry-Kearney Agency
STREEt'
243 S. Main St.
PHONE
DATE
3/21/91
roe NAME
CITY. STATE JlND ZlPCODE
Stillwater
ARCtlITECT
roe LOCATION
, '1
DATE OF Pl.ANS
JOB PIfONE
We hereby submit specifications and estimates for:
,_..-~~..P-!~e.2~~_,!~~,_!~l:.!~~,.J~,~~,!,!~~,~_",~~?t~~..--~.?"!'"..~.~~~!~...,!.5!..?E ",~,~.~,!,~~,.._?Y-~,~~,~,~~_"...,.,__....._",..,_,,_,..,..'''_''>
service to underground:
-"'-'Ins'faJr'a"":riiie'fer'-bank""&--tap-f)ox"c)n-'Eh"eoufsTCfe.'..'of"'biillalng..'.ancl.'.'ruii'.new-'..conduit......",.."...,.......".."....,_'..,..,,_..
and wire to existing pQle location, approximately 50'. From new meter location
"-"''''we'''wouI"<rlnsHilT-iiewcoiidiiTf'''an,(f"lifr]::ng-on-tne--ousI"cfe..'or.'f)ulTdlng..'to....exIs"flng..'-.......-....-..'-.........._'...m'..........,
,..__,....P~!l.!.~,!~~~.!:~_~~ .'___..'_..'__'.'..___'...____..'___'.._............'_"-....__.._..__'_...........,'_'__.._,.._,.....,..,',.._,___..,_,.._..,_",.,.....,..,..'._'....'____.._..____'_.._.....,..._,...."__..__,......,
..-...,.,,!:~-..,!!?.~-~~--~..':>_~~!:-..~~~=~,..,~~~....=~E_~..~~~,~_..~E.~~c~.~~,..,~~~,_.p.,~,~,~~,~,..,~~:."..~~~~_,~~~~..~__..._...'.___..'.....'..'_.....,._..,_,..__,_.____
-...-'-..-'-....'....-...._...._......__....'.m..."........___..,....,...._____~!.~,J)..~~E-_,,!~::..,~h!..,~,~....~f .-!~.!,~?,~,~,~~..............m._,......_,..._,_._,...._""_,.._"..___..'__..,....,..._....,..,.."
To continue conduit and wire from the pole location to NSP's transformer in fro.t
''''''.''--01-s iDio'net'-s'..approi:lmaEily.-iOO":'....c.......-.,..,..,........"..--'..'.----.-..-'-..-.--'....'...'......"-..-...,...........,....._,..._....,......'......'__..'..".__..__.._....,..,_......,____,......,..
Add the sum of $3,445.00 to the above price
'....-'..'....'....--..-'......-..-....-..,-,....-,.....-..,.........,........-..,.........'-'-........'------......-..........-..............-....-,--......-..-..,.-..--.....--'-...'..-......'...-.......'....--..-..-..-....--..--..-....-.........-..-..
....,..,-,!~~.~?_.....,..!r:..!.~.:':!..<!....,~..?..,~,~.!~~~!~.!,_,~~:,~~~..~~..-~,~.-:~~~..~~....E..~"..~=_..~!:,"~,~~~,:..~,.:.-.__..,'__,....,..,...........,',....,____,..,.........__..,..
If, the service would have to go to NSP's transformer in front of Outfitters:
'....-'Ad(r...~-~545:(m.....to..-the...abcjve-tWO'-prrces~-'..-..-'-'-,..,--'-.......,-----..,....,....,..,-,..,....,......,-.....,-..~.--...___...'__....'_...._.._.._'......_...._-:_..__...,
'."--'......"..--..."......--......-..,..,....""............-"....,--..-..-....-"'..-....---..'..'....-.."--.....-........-..---..--,...-.......,......'....-".............-'.....-...."'..,.,-,...--,-,.-..,..,....-.........--,..,.........._....,--,.................,...,,-...,
---..-.--___.__._.N.___.____.___._.___.._._...__...._._____...__.......___.___....._..___....._..__....._..._____.__..........._""-_...__..._._.._____....._......_...__...__.__....__.___.._.._._____.........__...____._._.__..._____._......_._____...__
". ""- .." .' . ~ ,.~.,.--
. ,
..-..--.---...---......'..---..-.....----..-.-...--..--..,-----..,..----..--..'-'-----......--......-......,.......,--,..-....---,-...,..,---,-....-'..--..----'--.._'....'__,c_.__....,....._,_..,___
Br Jrnpnsr hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
Paymerrt to be made as follows :
dollars ($
),
All material is guaranteed to be as specified, All *>rlr to be completed in a _rf<manfirle
manner according to standard practices, Any alteration or d...iation from above spec;""".
tions ifWOlvina extra costs win be executed only upon written orders, and will become an
extra ch8flle over and above the estimate. All agreements c:ontineent upon strlkes,'ac:cidents
or delays beyond our control. Owner to earry Ii,., tornado and other necessary insurance.
Our WOttoers are fully ~ by Workmen's Compensation Insurance..
::]j , ,
Authorized . .
S;....."~ .,...i ~. ~JJ. a .
Note: This propo be
withdrawn by us if not accepted within
days.
~ Jtf 'rJlJfusal- The above price$, specifications
and conditions are satisfactory and are hereby accepted. YQu are authorized
to do the work as specified. Payment will be made as outlined above.
Date of Acceot:m......
Signature
~;Gfts..t_
,.'.l
tit
tit
e
LINNER ELECTRIC CO. INVOICE
14580 81st St. Ct. N. , 5155
Stillwater, Mlnnesota 55082 -
439-4072 Date 41"/? 2-
SOLDTO the 11, ~~~ -K~Md ~~
ADDRESS:1. *1.3 s. ~ Sr;
JOB DESCRIPTION
(l~A ~ ~ ,L~~.// .s:..~.: I' ~
h A:A A _ _. ~.../J.
_. f ~lOIloCll'_\IBID _ MIClUllT
v
.
~~AJlh ~ ~
";1( ~~ J /i~~ 9 ~ fi . /2
^
~~ -j J1UI
TOTAL MATERIALS
TOTAL LABOR
M~OO
-< .3 bIM eIet '>
~1/2n Ot":l
lOTALAMOUNT '7Kz.o 00
-,
UNNER ELECtRIC co., INC.
1.e80 - 81ST ST. CT., N.
STILLWATER, MINNESOTA 66082
. ;~;,:,~;,?;::);.:~,j~Jiift~~ytf.:,:t.~'
e
Bob t1cGarry
(612) 439-4072
115/92
515S
Inw;ce AIIt
7,420.00
7,420.00
W~
90 Days
.~t Due
.,"1:,'~4n:<
,,"~~~of~
.:-' '\" .,;,
'~" Ot}
0.'00
0.00.
7 Ato.()O
. 1 <
.
.
.
,
.
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 94-205
A T & T
Bell, Timothy
Burmaster, Russell
Capitol Communications
CATCO
Deblon, Diane
Desch, Mark & Gloria
Earl F Anderson
Ecolab
Fire Instructors Assn of MN
Food-n-Fuel
Fred!s Tire
General Industrial Supply
Glaser, Paul
Gopher Bearing
Greeder Electric
Huntingdon
Iten Chevorlet
Kangaroo Self Storage
Lakeland Ford
Legislative Associates
Lind, Leslie & Gladys
Mad Capper
Minneapolis, City
MN Cellular One
MN Chapter IAAI
National DARE Officers Assn
Northern States Power
Polfus Implement
R L K Associates Ltd
Rigs and Squads
Schwantes Heating & Air
Sovran Inc
Stepp Manufacturing
T A Schifsky
Treadway Graphics
Ultramarine
Warning Lites
Weldon, Morli
MANUAL CHECKS-AUGUST
American Eagle
American Wind Symphony
Banner Fireworks
Cub Foods
Junker Sanitation
MN Department of Health
MN Pollution Control Agency
MN State Planning Conference
Long Distance
Video Tapes
Janitorial Services
Replace Radio Antenna
Electronic Back-up Alarms
Health Insurance
Parking Lease/Maintenance
Signs
Pest Elmination Services
Study Guides
Gasoline
Tube/Tire Repair
Clamps/Air Conversion Parts
Boiler Engineer
Bearing
Light/Lift Station Repairs
Tests-Marketplace/LI 285/LI 284
Truck-Street
Storage Space Rental
Repair Parts
Consultant Services
Land Purchase
NSF Check
Election Video/Man ual
Mobile Phone
Members hip- Barthol
Annual Dues-Wardell
Street Lighting
John Deere Mower
Consultant Services-Comp Plan
Equipment Changeover
Air Cond Svc-Lumbermans/Hooleys
Copier Maintenance
Tar Kettle Repair
Asphalt
DARE Supplies
Foam Board
Barricades-Parade/Lumberjack Day
Meal/Election Supplies
Courier Service to Blue Cross
Concert Payment
Firewor ks-Con cert
Picnic Supplies
August Payment
Plan Review Fees-LI 306
Plan Review Fees-LI 306
Re gis tration - R us s ell/T e rwed 0
55.78
33.55
120.00
76.68
73.80
334.31
742.30
263.12
218.33
83.22
33.60
14.52
184.10
200.00
4.11
853.00
4,390.50
24,004.00
88.00
42.49
500.00
927.00
30.00
50.00
130.29
10.00
20.00
9,963.10
2,556.00
350.00
968.23
211.00
664.00
769.63
323.56
79.21
175.73
56.60
21.26
35.65
10,000.00
1,500.00
623.42
88,000.00
150.00
240.00
178.00
.
.
.
..
U S Postmaster
Wal-Mart
Washington County Treasurer
ADDENDUM TO BILLS
A T & T
ACE Hard ware
American Linen Supply
B & G Building Accounts
Beberg, Donald
Biff's
Burmaster, Russell
Clarey's Safety Equipment
Commercial Printing
Crysteel
Cub Foods
Custom Fire
Fire Chiefs Conference
Fred's Tire
G & K Services
Greeder Electric
Hennepin Technical College
Int'l Conference of Bldg Off'ls
Island Enterprises
Jim Hatch Sales Company
Junker Recycling
Kriesel, Nile
Law Enforcement Systems
Legislative Associates
Magnuson, David
Metro Fire
Metropolitan Waste Control Com
Midwest Machinery
Miller Excavating
MN Dept of Transportation
MN Pollution Control Agency
Nat'l Fire Protection Assn
Northern States Power
Oak Park Heights, City of
Parker, Scott
Polfus Implement
Public Safety Equipment
R W Kirchener & Associates
Rose Floral
Russell, Steven
Sentry Systems
Short Elliot Hendrickson
Snap On Tools
Snyder Drug
Southam Business Communications
Stillwater Fire Relief Assn
Stillwater, City of
Streichers
Postage-Meter
Police Supplies
Recording Fees/License Plates
1,000.00
218.61
1,633.26
Long Distance
Miscellaneous Supplies
Towel Service
Refund-Utility Overpayment
Meals
Portable Toilets
Janitorial Serivces
Nozzles
"Inspected Accepted" Tags
Dump Box Fenders
Cleaning Supplies
Throttle Cable
Conference Registration
Tires/Tubes
Uniforms/Rugs/Mops
Street Light/Lift Station Repair
Class Registration- Firefig hters
Code Books
Cleaner-S hop
Gas Cans
Recycling
Meals/City Picnic Supplies/Frames
Warning Tags
Consultant Services
Legal Services
Boots
SAC
Knife Sharpening
Sewer-Hubman/Storm Sewer Cleano
Concrete Plant Inspections
Stillwater Dump Site
Code Book
Electric/Gas
Curbside Recycling Grant
Mileage/Housing
Mower Blades
Recertify Radar Units
Appraisals
Flowers- Elliot
Mileage/Meals
Monitoring Services
Engineering Services
Wrenches
Film/Bags/Batteries
Publication-Ll 303/304
S tate Fire Aid
Replenish Petty Cash
Holster
0.73
293.29
41.55
338.95
20.00
189.78
140.00
670.75
127.37
346.13
38.19
48.94
315.00
96.72
1,049.55
1,892.80
1,100.00
32.50
522.35
257.56
11,610.00
129.84
92.20
2,277 .50
10,924.66
172.75
13,662.00
70.85
10,055.00
359.62
268.00
53.25
9,307.97
14,490.00
177.16
54.00
100.00
2,800.00
31.95
64.59
54.00
2,444.80
40.05
47.85
210.45
53,990.00
97.63
42.79
.
.
.
;,
-a
Tower Asphalt
U S West
Valley Auto
Van Paper
Wardell, Leslie
Washington County Treasurer
Watson, Dennis
Wybrite
Payment #3-LI 301
Telephone/Directory Advertising
Repair Parts
Paper Products
Meals/Housing
lntro to Windows-Weldon
Programming Services
Maintenance Agreement
TOT AL:
Adopted by the City Council this 6th day of September, 1994.
APPROVED FOR PAYMENT
504,379.84
621.59
780.19
670.15
106.81
60.00
370.00
241.00
802,080.66
--------------
--------------
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 94-205
e
e
A T & T
Bell, Timothy
Burmaster, Russell
Capitol Communications
CATCO
Deblon, Diane
Desch, Mark & Gloria
Earl F Anderson
Ecolab
Fire Instructors Assn of MN
Food-n-Fuel
Fred's Tire
General Industrial Supply
Glaser, Paul
Gopher Bearing
Greeder Electric
Huntingdon
Hen Chevorlet
Kangaroo Self Storage
Lakeland Ford
Legislative Associates
Lind, Leslie & Gladys
Mad Capper
Minneapolis, City
MN Cellular One
MN Chapter IAAI
National DARE Officers Assn
Northern States Power
Polfus Implement
R L K Associates L td
Rigs and Squad's
Schwantes Heating & Air
Sovran Inc
Stepp Manufacturing
T A Schifsky
Treadway Graphics
Ultramarine
Warning Lites
Weldon, Modi
I,
I
I
e
Long Distance
Video Tapes
Janitorial Services
Replace Redio Antenna
Electronic Back-up Alarms
Health Insurance
Parking Lease/Maintenance
Signs
Pest Elmination Services
Study Guides
Gasoline
Tube/Tire Repair
Clamps/Air Conversion Parts
Boiler Engineer
Bearing
Light/Lift Station Repairs
Tests-Marketplace/LI 285/LI 284
Truck- Street
Storage Space Rental
Repair Parts
Consultant Services
Land Purchase
NSF Check
Election Video/Man ual
Mobile Phone
Membership-Barthol
Annual Dues-Wardell
Street Lighting
John Deere Mower
Consultant Services-Comp Plan
Equipment Changeover
Air Cond Svc-Lumbermans/Hooleys
Copier Maintenance
Tar Kettle Repair
Asphalt
DARE Supplies
Foam Board
Barricades-Parade/Lumberjack Day
Meal/Election Supplies
55.78
33.55
120.00
76.68
73.80
334.31
742.30
263.12
218.33
83.22
33.60
14.52
184.10
200.00
4.11
853.00
4,890.50
24,004.00
88.00
42.49
500.00
927.00
30.00
50.00
130.29
10.00
20.00
9,963.10
2,556.00
350.00
968.23
211.00
664.00
769.63
323.56
79.21
175.73
56.60
21.26
e
~i11wate~
'" ".""", " .,""'~)
APPLICATION FOR PERMIT TO CONSUME
Name of Organ~tion M ~ be rY ~ 161'y') t 1\,.ta,u ~
Applicant Name (Full) '/) /(1 y') - '-+-T-F::c::fifl er .-- i?; II i!f' '"
" (rirst~ /1 . (Middle - Full) (La~) ~
Street Address ~ ZE:- IV , IV ltI:-'() Birth Date. '
City .5h!{wd.e."y State JVCn Zip S -~
Home Phone ~7 - ~ 0 J Work Phone L/-~{) - 3 b ~ 0
Location of E""n:+?~ DiVl.- ~~ Date Time t, " a.mG-;O : a.~
Number of persons expected (~f over ~5, p~ice 0 Icer required)
Purpose (softball game, wedding, etc.) 0 I eX) 1(" ./ ~e
Type of activity (fund raiser, dancing, mJsic, etc.) i~~~( ;'e..~< - ~cj a L
Check Appropriate Information:
evlDUAL OR FOR-PROFIT BUSINESS/ORGANIZATION:
"'" 3.2 Beer to Consume
NON-PROFIT ORGANIZATIONS:
3.2% Beer Sell Consume
Over 3.2% Beer* Sell Consume
. ~iquor* Sell Consume
Wine* Sell Consume
* Requires a temporary license through MN Liquor Control
APPlicanrSSignature~ .. " /{ ~~ ~ '.-J
,secuntyl~f;~~i1r~~~;~,ql'"'"
, Police OfficergeqUl{E:!fi../'''\~'Y~~T'
,......';-..,..",."::!'....:-
. -. ,," ,...
. .;.,{_,~~~.1~\'::-.::7::ijt:}C-\~: ":.>.",:
>, ....,Offi~t:Rat~.Of p~i,~;~~:t
.;..",,=, -,.
Mail License To: (If different than applicant)
e
Rev. Date 7/94
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
.~LL"Y CI~"'."iI CI.iI~L"
P.O. Box 352 . STILLWATER, MINNESOTA 55082 · 612/430-0124 CAROL CARVER, DIRECTOR
August 30, 1994
Ms. Morli Weldon
city of stillwater
216 North 4th street
stillwater, MN 55082
Dear Ms. Weldon:
e
Enclosed is our application for a temporary on-sale intoxicating
liquor license for a wine tasting event to be conducted by a
nonprofit organizati.on, pursuant to Minnesota statutes, section
340A.417.
If you have any questions, please call me at 291-9374. Thank you.
Very truly yours,
~ (j, ilAJJuA
(jJohn A. ~i~k
President
JAY164304.ltr/mek
Enclosure
e
Minnesota Department of Public Safety
LIQUOR CONTROL DIVISION
190 5th St. E., St. Paul. MN 55101
(612) 296.6430 TOO (612) 297-2100
-,
PS-09079 (5/93)
APPLICATION AND PERMIT
FOR A 1 to 3 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION
The st. Croix Valle Chamber Chorale,In
STREET ADDRESS
P.O. Box 352
NAME OF PERSON MAKING APPLICATION
John A. Yilek
DATES LIQUOR WILL BE SOLD? (1 TO 3 DAYS)
Januar 21, 1995
ORGANIZATION OFFICER'S NAME
John A. Yilek
ORGANIZATION OFFICER'S NAME
DATE ORGANIZED
1975
NO. OF MEMBERS
45
31587
TAX EXEMPT NUMBER
501(c)(3)
STATE ZIP CODE
MN 55082
HOME PHONE
(612) 439-0377
GENERAL PURPOSE OF ORGANIZATION
arts
n on
ORGANIZATION OFFICER'S NAME
Cath Sleiter
CITY
stillwater
BUSINESS PHONE
(612) 291-9374
DOES ORGANIZATION HAVE A CHARTER
}f Yes C Nc
ADDRESS
360 Wildwood ct., Stillwater 55082
ADDRESS
703 w. Linden stillwater 55082
ADDRESS
12444 Quail Way N., Hugo
Location where license will be used. If an outdoor area, describe.
Washington County Historic Courthouse, Stillwater, MN
Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing
the services. Yes. This is a wine-tasting event to benef i t the Chorale,
and we 'are working with sutler I s Liquors, stillwater, MN
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(Note: Insurance is not mandatory)
No.
APPROVAL
CITY OF
DATE APPROVED
CITY FEE AMOUNT
LICENSE DATES
APPROVED LIQUOR CONTROL DIRECTOR
I
I
I
I
.
DATE FEE PAID
SIGNATURE CITY CLERK
NOTE:
Do not separate these two parts, send both parts to the address above and the original signed by this division
will be returned as the license. Submillo the City Clerk at least 30 days before the event.
STAFF REQUEST ITEM
e
DEPARTHENT
fAR I< Cj
MEETING DATE ,5~:~~ r:; - /9"79'
I
DESCRIPTION OF REQUEST (Briefly outline what the request is):
RC!f.:.J e,,; -I re) h~v p ~1f>'/) ;::;".,C, t" (0 I /1J,~~//.4 .A/~,u
0/
I () '1"(.Vc /' ,
fJAc-!:... ..., "', /) 4.... cK fl ~ 75 ~~.,.., Go ~. ~..... hi':"/{ ,,'A~';.... /?"N::,~-' A r-
/ ./ '" ,/
/.,U4C;/lJ;'; .Jot, ;J,J,ok. full .,q~,/J.- SAk'-!j' nJ1cf> 41C41~,1 G~flr?ko,/ S/ ~
./ ./
. C $/ , f'..c.-;)... (J)
Chuj1ckl If _ <;7.. '(;Aey.. h..,~ yo> Co /~ G'I8' V.qIt.1i-nUV/:{'e',j)
cf:- 70 ~ z:' e /)
.
\
Cl1~Jtd,}/-1 ( ..;; T
FINANCIAL IMPACT (Briefly outline the CO"ST, if any, that are associated with this
request and the propo~ed source of the funds needed to fund the request)
.# c-:J:I J ^
/.7~O 8ool7~/C"1J f()e IpI / 7>97'" c/~ &/~t!' ~
".
P~DITIONAL INFOR}~.TION ATTACHED:
YEs..lL.
NO
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMln1 OF FIVE
WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL l1EETING IN ORDER TO
PLACED IN THE COUNCIL MATERIAL PACKET.
e
SUBMITTED BY:
~ 7?;~#1S~"'?
DATE: 7-'- /- ?y
i
I"
"("',
1-,;...,;1.,:, c.,:. '::"1. ~~c:.. c"(I-I' ..:ti-i::"'. Y' ~ i..I:.J':I....:.. ..)...."II....Ir",:I...IY
Ir" . .~
II r:1U#J1; ff~ ~.
8479 HERON AVE. SO.. COTTAGE GROVE. MN 155016
e
Name ~Q~I~ -rO'k .~ll '6-t"Rd1
I
Spouse
Date
ek
,
192:L
Address
Ci tv ~u.'>4.f.,-f
~.J
State
Zi~)
Home Phone
Work Phone L/J'J ~ l/.~/
Job No.
Salesman ;iJy
Installer
....-f.. .........-t, L '
Emplover II h-} "DI'l:j[)~~
I
Previous Address
Terms: 10% Down
50% Posts Set
Balance on Completion
QUANTITY OESCR IPTlON PRICE
ga. chain link fence. comolete with top rail and posts,
End/Gate posts, complete with fittings.
Comer posts, complete with fittings.
Breaker posts, complete with fi ttings.
Wide walk 113teS, complete with fittings,
Wic;le driveway gates. complp.tp. with fittings,
Hard holes
~' /0' C) C!.,....J ~ll.,.u.{) JtnJ., \ IS:?,) a(
1Sf) I I./.8t ~ V ~(;k. fh.~~ j
Cl(..J
V
--
(' ~ i.,-+-i,;n/I Wrh" {})u.~, ( /IJ,Y8 f;D II
W".~
'- , - ---
!
All potts I*t In concrete, line posts spICed 10' or Ie" Ipln.
, 0 CV$romer h<t$ ret;eived CV$romer Responsibility Check List.
,
I A SERVICE CHARGE of 11/2% per month (18%
, Annually) will be applied on all past due balances. i
j The purchaser shall be responsible for any and all collection Material and Installation
costs incurred by Gary's Fence Co. in the event of this bill
becoming past due. Gary's Fence Co. reserves the rIght to TAX
lien the improved property if payment in full as agreed to in
this contract is not received. TOTAL .. -
Owner responsible for showing correct property Gary's Fence Co. shall furnish only the material and labor speoified in .
and fence lines. for removal of obstructions to thie contract Any changea made from the above specifioation.
fence installation, obtaininll permits and identi. necessitating additional material or labor will be billed at Gary's Fence
fying l,Inderg~ound cables. Co.'& current retail prices.
; e:ilr-l .. A~ .I_.,-+~, i
I
e
6728 4th st. N.
'Oakdale, Minnesota 55128
612/739-8982 or 735-9518
Bruce Winkel
Minn. Lie. #2462
~\aUatjOh
~~IJs' <f~~
b ~
i. '~.
B. & E. Fence Co.
OAKDALE
T
o
CrT'-' () ,c <; 't1 L L ~~;,\1--f' 12
739-8982
P~\LS DE-PI,
'2i ~ j\J. Lf r~t <;'1"' ,
S'I1 L ;..\....\../..\1-~fL 1'-1 ,0
t
Phone #
Work #
s-s-cg 2-
Lf3 <1 - Lf S-l. I
Proposal
.-
Date <;,f - 3 G
, .
~ Su i {...,~ " / ';2i ..2 (,II Number of Gauqe Wire Overall Heiaht
'-1' /10'
Feet of Wire or Wood Fencing Diagram qCfl
ALL sS ZC) t=R-l'1 ~ \rV.S "V'I ~\L.
'4l ( I.- \.f; 'A ~I.... ,~ fP fL
Corner Post 'i!. 0 1" " ." AI ,,~ P ....... ~,
srclp P<-S'~ \ ~f:..
gA-c.iL. 'Ie' ...-
'SSLfO /" ..... "
End Post
I ~ .<:. ""',
~ 1'2 ~
.---- ,,1 Jh,J II C. <.:."> J\
Holes M i^' '1( 1.
I ( 'it:: .~ hoot. .:2.... Ol:l i\
\1
Walk Gates II X II -,;.; 'b \
Drive Gates II X II ,
\
- Li~ )' . . fl. ,<
Special Instruction~ -
~,,JL~ ~ -- - C)"
~ ..
.., b 1110 : ,A / J
."\
\. -- 7 J
~
~~ J lobO ~ ..,; I --
, ~ ..
"'- " .~ ., , L4<>i
. , \,;;
JL ...
i4 01'1
o Customer is responsible for property lines
o Buried cable
Ticket #
Date Called
o Under ground cables and pipes
o Fence line to be cleared by customer
o Fence to follow contour of ground
o Fence line to be cleared by B. & E. Fence Co. $
, ence to be level
o Fence to be hauled away by B. & E. Fence Co. $
This fence will be installed by: '2- L...; €-FiLS
F/26/''''\
6<': A~tl 40
Terms: Cash Upon Completion
Accepted by:
Date:
e
e
e
!!. e>')
MEMORANDUM
TO: Mayor and City Council
FROM: Klayton Eckles, City Engineer
SUBJECT: Application for Final Payment on Signal System at S. Greeley & Curve Crest
DATE: September I, 1994
Peoples Electric Contracting has completed the fmal items remaining on the ptmch list for the South
Greeley/Curve Crest signal system and is now requesting final payment. 1be tinal payment amount
remaining is $7,554.00.
RECOMMENDATION
Staff recommends that Council authorize final payment on this project.
."
.-
e
Application for Payment
(Lump Sum Contract)
No.--L
Owner:
City of Stillwater, Minnesota
Owner's Project No.
4
Engineer's Project No. A-STILL3132.00
LOCA nON: Stillwater, Minnesota
Contractor: Peoples Elecrical Contr. Contract Date:
277 East' Fillmore Ave
Contract Amount:
$94,990.00
St. Paul MN 55107
e Contract for Signal System at Intersection of So. Greeley St. & Curve Crest Blvd.
Application date July 29, 1994
For Period Ending Completion
Application for Payment
DESCRIPTION
SCHEDULE
UNIT
PERCENT AMOUNT
COMPLETE EARNED
S.A.P. 169-112-08
Signal System at Intersection
of South Greeley Street and
Curve Crest Blvd. $94,990.00
L.S.
100%
94,990.00
e
.. , ~ .'\
I ~; I
,.., v ,.~
S;,:4fr!} {.~:)\ ~j L..
Short Elliott Hendrickson lne.
Page 1 of 2
,<'
APPLICATION FOR PAYMENT - Continued
al Contract Amount $ 94,990.00
Total Amount Earned
erial Suitably Stored on Site, Not Incoporated into Work
'Percent.Complete 100%
Percent Complete
Percent Complete
e
tract Change Order No. 1
ltract Change Order No.
'1tract C'hange "Order No.
GROSS AMOUNT DUE............... $ 96,930.00
LESS 0 % RETAINAGE......... $ -0-
AMOUNT DUE TO DATE............. $ 96,930.00
LESS PREVIOUS APPLICATIONS..... $ 89,376.00
AMOUNT DUE THIS APPLICATION.... $ 7~554.00
:NTRACTOR1S AFFIDAVIT
1e undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress.
iyments received from the Owner on account of work performed under the contract referred to
Jove have been applied by the undersigned to discharge in full all obligations of the under-
igned incurred in connection with work covered by prior Applications for Payment under said
)ntract, and (2) all
lterial and equipment incorporated in said Project or otherwise listed in or covered by this
Jplication for Payment are free and clear of all liens, claims, security interests and
ncumbrances.
By
Peoples Electric Cont.
(Contractor)
Ai, '. Ik ~ iJ ~
eJ.,;' .e,v~ J \. ~1/~~-1- "'--'
(Name 'and Titl e)
e
ated
July 29
, 19 94
Secretary/Treasurer
)uNTY OF
TATE OF
Ramsey
MN
SS
I.:fore me on' this 29th day of July , 1994 personally appeared
_ Dennis R. Sorheim known to me, who being duly sworn, did depose
ld say that he is the secretarc</Treasurer of the Contractor above mentioned;
. Office) I
:at he executed the above Application for Payment and Affidavit on behalf of said Contractor;
'id that all of^^t~tatements contained therein are true, correct and complete.
~ "'^^^^V,IIII^^^^I\/VIII.. ^
/ Commission ..:estlo~~~i&~~~~~'^^l. ~t VH Q . C\. .d-1Jl ~ he)
:-' ANOKACOUNTY (Notary Publ iC)
My Comm E I
"V\Nv " . xp res Oct. 16, 1996
VV\lvvv" VV\'wvvvvvv
,> undersigned has checked t~eVtoYt't'~'Ctorls Application for Payment shown above. A part of
s Application is the Contractor's Affidavit stating that all previous payments to him
'1er this Contract have been applied by him to discharge in full all of his obligations in
nection with the work covered by all prior Applications for Payment.
accordance with the Contract, the undersigned approves payment to the Contractor of the
Junt Due.
'e
e
e//5' /9 ~
2 of 2
. SHORT ELLC(j~.KSON ./ I ~
By ..- / fr ,
I
~
e
e
e
(! 1..~ \
MEMORANDUM
TO:
Mayor and City counciY
Ann Pung- Terwedo ~
September 1, 1994
FR:
DA:
RE:
APPROVAL TO PURCHASE PLAYGROUND EQUIPMENT
Background
The Benson Park Plan includes playground equipment which has been budgeted for this year.
Tim Thomsen and I have done quite a bit of research on product quality, design, safety and
especially durability of existing playground equipment on the market. Another issue was the
location of the park near the Courage Center. Equipment should be as assessable to the
handicapped as possible.
The product we recommend is Kompan Equipment which has a ten-year warranty for breakage
due to material or product defects and a 5-year warranty on steel or plastic parts.
St. Croix Recreation Company had the lowest bid for the Kompan Equipment. Also included is
a quote for another product. Even though the quote is lower, we don't recommend purchasing
that equipment.
Staff Recommendation
Approval to purchase Kompan Playground Equipment from St. Croix Recreation Company
QUOTATJOH
~t. ({roix
l\ecteation
QCompanp
915 Nofthland Ave.
Stillwater. MN 5~32
(612) 430-1247
No.-
e
Supplierj tJj Park &: Recreation Equipment
r C\~( e{ S t; 1\ W(t..-kv- , ' ,OATE: ---.:z..=.J "l - 9-Lf
'"?c.\.v'k.s "4- ~c.~o..~~ CONTACT PElSON: A 11\\1\ TeW"w~.J.~
~I.~ N~,L1~Si. '. PIO'
T LI JEeT: ~
I,.. 'S-h"llwci. ~; J1. N $'~o9 ^- .J TELIPHON.~' ~/2 - 4 19- ~ /2 /
II FA~: '+31- O~S:b _.
'n c"rn~l....c. witt! yeur rtKIw" ", $ - tJ - q"t for . price quot.He" tn pI 4.'] -e~\.~~
I ,,"'Nod by k O~ A...V".. I .e wi.h to submit.... lollow'ntl
QUlnHty
C.talog
Humber
o.wlpttM
Unit P,lcI
Ixtwrwlon
qs:oo S'1S ,O()
SO(]. 0 0
35"0. tJ 0
y.
Qwt~tlon lit "*t"m,l:
w. lItVOte Y8CI .. .bo.,. 1',;:).8. . \ a.:
Shlpm..- can bt ",..' In: _ ~ - h We..e. t~' , ,
Tenn.: :J:n~,.i:J/!trh't171 ,ldafJ)d /'e $2100 dJt:ho",a!
... Tet.1 1 it- 3 i 5':'0 0
~/?L~, Tu ,q 3 ~. 'I;..
'I'eitht " 5 I 'i. '0 0
To~u.IS19! . '/2
IMPORTANT. ,'NFORMATION FOR CJ\~,'ERING:,
1. The purch... ....,. thou... ... M'. ...... oN TNy _tIJ l""eac. )'4IU ..... "PMMt.
2. Send the order to .t. Croix Brcnation (,ompanp 8. .hown Ibott, thereby authorization can b4t compltttd before the ordtr _.-
proce.aed. . .
2. TO EXPEDITE SHIPMENT, thr.. "'ml should ... ... yOW ....... ......t: f.. .......... ..,"'_ (H ...",,.0).
ADDRESS, FOIl "LLlNG. .nd ADDIISS FOR DIliL.IVIIY. 61. CroiX' l\ecrcation Campanp
.y'. .
. RE:€),€ I Quotationl I Quote 15 I Oete: 08/29/94 I
RE:CR€ATION Quoted F. 0.8.: Factory
Delivery: 4 to 6 weeks
PRODUCTS, INC. Tenns: Net 30 days with
3327 North Ridge Avenue approved credit.
Arlington Heights, IL 60004-1488
Phone 800/222-2268 - 708/398-2992
Fax 708/398-1433
Customer: City of Stillwater This quotation will ~msin in effect for e ptlnod 30 days,
and does not include installation or ass8mbly. Should you
Contact: Ann Terwedo have any questions, please ask for John Finn
Address: 216 N. 4th Street Federal, State and Local tax is not included unless shown in
City: Stillwater State: MN. Zip 55082 the appropnate location below.
Project: Kompan Play Equipment
Ouantity Mfg. Model" Oescn'ptlon Pnce Amount
1 KOMPAN M132 Crazy Tractor $595.00
1 , M121 Crazy Lamb $500.00
1 " M146 Multi-SEE-SA W $2,900.00
1 " MX2250 Playtown $10,350.00
Subtotal: $14,345.00
Comments / Instructions: Installtion of above equipment would
be $4,303.00. Sales Tax: $932.42
F~ight: $686.00
> I Grand Total: $15,963.421
,. ----
QUOTATION
, I
rc _ LOCAL: (612) 486-8866
,-~.
FAX: (612) 486-0285
FLANAGAN SALES, INC.
e
Suppliers of Park, Recreational Equipment & Site Amenities
4272 HIGHLAND DRIVE, SHOREVIEW, MN 55126 WATS 800-328-3557
r
City of Stillwater
216 North 4th Street
Stillwater, Minnesota 55082
.,
DATE: _Aug~st 22, 1994
CONTACT PERSONt1s. Ann Terwedo
L
.J
PROJ ECT:
TELEPHONE: 41q-n121
Play Equipment
In compliance with your request of
for a price quotation on
, supplied by I r 0 n M 0 u n t a i n For g e
, we wish to submit the following:
Catalog
Quantity Number Description Unit Price Extension
1 SR108- Bulldozer Kid Rider $425.00
JM
1 SR107- ATV Kid Rider $460.2
MJ
1 SD-2 Better Digger $296.75
1 SR104- 4 Seat Teeter with bubble top $559.50
DM
1 SR102 2 Seat Totter $425.00
1 WB-4 Wood Builder Playstructure $11,456.00
*Prices based on all items shipping
together.
*Price is supply only.
-
Terms:
September 23, 1994
Stillwater. MN
5 - 7 weeks
20 days net invoice
Su!.-Total $13,622.50
Sales Tax 6!% included
Quotation in effect 'until:
We quote you as above F.O.B.
Shipment can be made in:
Freight
included
TOTAL $13,622.50
IMPORTANT INFORMATION FOR ORDERING:
Iron Mountain Forge ~
1. The purchase order should be made outtn . They will invoice you upon shipme'"
2. Send the order to FLANAGAN SALES, INC. as shown above, thereby authorization can be completed before the order is processed.
3. TO EXPEDITESHIPMENT, three items should showonyourpurchase request tax exemption number(lfexempt), ADDRESS FOR BILLING, andADDRESf
FOR DELIVERY.
FZ{; 7Ll:;
B1 ,,, ,."
~
~
US Army Corps
of engineers
St Paul District
Pu b lie
Not'ice
Project:
Stillwater Flood and Retaining Wall
.
Date:
August 24, 1994
In Reply Refer to:
project'Management Branch
ANNOUNCING A PUBLIC :MEETING ON THE FLOOD AND RETAINING WALL
PROJECT FOR STILLWATER, l\1INNESOTA
TO BE HRT ,D:
TIME:
LOCATION:
September 21, 1994
7 to 9 p.m. (Doors open at 6:30 p.m.)
Stillwater City Hall (216 N. Fourth St.,
S~llwater, MN)
BACKGROUND: The Corps of Engineers received funding in 1994 for the "design,
construction, expansion, and extension of the levee wall system on the St. Croix River."
The project is in its initial design phase and is scheduled for a construction start in early
1996. The project will include the repair of the existing retaining wall system along the
river, new construction of a similar wall northward around Mulberry Point and southward by
Dock Cafe, and construction of a new two-foot-high floodwall between Lowell Park and the
existing parking areas.
e
MEETING PURPOSE: The purpose of the public meeting is to present the project to the
public and gamer comments and input from affected residents, commercial interests, and
interested organizations.
IF YOU CANNOT ATTEND: If you cannot attend, but would like to express an opinion,
feel free to write us. Your comments, if mailed by September 23, 1994, will become part of
,the official meeting record. Written comments may be handed in at the meeting or mailed
to:
U.S. Army Corps of Engineers, St. Paul District
Army Corps of Engineers Centre
ATIN: CENCS-PP-PM (Marsha Risch)
190 Fifth Street East
St. Paul, Minnesota 55101-1638
Any questions regarding this meeting should be directed to'Marsha Risch, (612) 290-5729.
e
7~
ames T. Scott
Colonel, Corps of Engineers
District Engineer
.
Legislative Associates, Inc.
Box 2131. StUlwater. 1tfN 55082
(612) 439-7681 Fax (612) 439-7319
WASHINGTON OFFICE:
1010 25th St. NW. Ste. 202
Washington. D.C. 20037
(202) 342-3703
Fax (202) 331-9721
August 22, 1994
To: Mayor and Council Members
City of Stillwa~ rJ
From: Ed Cain, LAI ~
Subject: Report and Billing for Services, July, 1994.
Date
July 5
July 7
e July 8
July 11
July 13
July 15
July 18
July 19
July 20
e
Service
Review of documents and preparing of materials
related to theLevee Project.
Meetings with City Staff
SEH Meeting
Reports to City Council. Preparation of news
release.
Hours
1.5
1.0
1.0
3.0
Meeting with Corps of Engineers in Washington re: 6.0
increased cost of Levee Project. Additional
meetings with Durenberger and Grams staff.
Meetings with Public Works Committee staff re:
status of Water Resources Development
authorization bill.
Meetings with SEH and St. Paul Corps of Eng.
re: new directional options due to increase in
project costs.
Meetings with Nile and Steve re: project costs.
City Council Meeting.
Discussion of strategy and faxing draft materials
for reauthorization with Durenberger and Grams
staff .
3.5
1.0
2.0
2.5
Page 2.
.
Date
Service
Hours
July 21
Stillwater staff/Corps of Engineers meeting re:
technical issues of the project, and cost
modifications.
2.5
July 22
Contact with Wellstone Office; Lucy Mondale re:
joint Wellstone/Durenberger Letter to Chairman
Max Baucus and the Ranking Member.
1.0
July 25
Preparation of materials for D.C. trip.
1.0
July 27-29 Meetings in D.C. for crucial support for the 10.0
amendment to the 1994 Authorization Bill. Meetings
included Bill Richards, AA for Jim Oberstar (No.2 on
Public Works Committee,) Caroline Gable and
Dr. Ken Kopocis of the House Committee staff,
Jimmie Powell, Senate Committee Staff, and others.
Total Hours 36.0
Billing Time. 33.5 hours @ $65 per hour
33.5
$ 2.177.50
e
Total Service Hours Billed:
Expenses - FAXING. copies. LD phone. Special D.C. trip $ 100.00
totaled $1.200.
Total Services and Expenses $ 2.277.50
Thank you.
~~- ~?0l'
ei
.
Legislative Associates, Inc.
Box 2131. Stillwater. MN 55082
(612) 439-7681 Fax (612) 439-7319
WASHINGTON OFFICE:
1010 25th St. NW. Ste. 202
Washington. D.C. 20037
(202) 342-3703
Fax (202) 331-9721
August 22, 1994
To: Mayor ~~Cil Members
From: Ed ca~
Subject: Activity on Our Request for the Authorization of Additional Federal Funding of
$2.1 million.
As reported in the July 19th Council Meeting, the addition of the "I-Wall,"
inflationary costs not included, environmental work, and other incidental expenses
increased the levee project costs from $3.2 to $5.5 million. It is not unusual that the
projected cost (with no preliminary cost estimate studies being done) turn out to be
considerably higher when further cost studies are completed. This was our best guess
at the time.
e
We will not have a true cost estimate until the "Design Memorandum" is
complete about the end of this year. At that time SEH will have completed the "plans
and specs" on the project, and according to the Corps, that will be very close to the
actual cost of the project.
The Water Resources Authorization bill will be acted on by Congress before
adjournment sometime around the first part of October. It's important that sufficient
dollars are authorized before the Appropriations Committee begins their work in
November. After discussion with the Corps of Engineers in.both Washington and St.
Paul, we all felt we should leave ourselves a little breathing room, and request an
additional $500 thousand more than the current estimate. We can always ask the
Appropriations Committee for less than the authorized amount, but it is difficult to get
them to appropriate more than is au#terized. For this reason we will be requesting an
authorization of $6 million from the Energy and Water Resources Development
Subcommittee of the Committee on Public Works.
I have made two trips to Washington, working with Members and Committee
staff on this issue. I will be returning to the Capitol immediately after the August
recess. The Senate plans to mark up their bill around the third week of September.
The House is working on their bill now, but will not take official action until the Senate
moves. We have no indication at this time what their response will be. It is difficult to
ask for an additional $2.5 million this soon after the FY 1994 Appropriation Bill.
e
I will keep you informed as we again move through this process.
Legislative Associates, Inc.
Box 2131. StUlwater. MN 55082
(612) 439-7681 Fax (612) 439-7319
August 22, 1994
.
WASHINGTON OFFICE:
1010 25th st. NW. Ste. 202
Washington. D.C. 20037
(202) 342-3703
Fax (202) 331-9721
To: Mayor ~ol/i1 Members
From: Ed caiW'
Subject: Activity on Our Request for the Authorization of Additia al Federal Funding of
$2.1 million.
As reported in the July 19th Council Meeting, the a ition of the "I-Wall,"
inflationary costs not included, environmental work, an ther incidental expenses
increased the levee project costs from $3.2 to $5.5 mi 'on. It is not unusual that the
projected cost (with no preliminary cost estimate st ies being done) turn out to be
considerably higher when further cost studies are ompleted. This was our best guess
at the time.
We will not have a true cost estimate til the "Design Memorandum" is
complete about the end of this year. At th time SEH will have completed the "plans e
and specs" on the project, and according 0 the Corps, that will be very close to the
actual cost of the project.
The Water Resources Authori ation bill will be acted on by Congress before
adjournment sometime around the . st part of October. It's important that sufficient
dollars are authorized before the ppropriations Committee begins their work in
November. After discussion wit the Corps of Engineers in both Washington and St.
Paul, we all felt we should lea e ourselves a little breathing room, and request an
additional $500 thousand m e than the current estimate. We can always ask the
Appropriations Committee f r less than the authorized amount, but it is difficult to get
them to appropriate more an is authorized. For this reason we will be requesting an
authorization of $6 millio from the Energy and Water Resources Development
Subcommittee of the C mmittee on Public Works.
I have made 0 trips to Washington, working with Members and Committee
staff on this issue. will be returning to the Capitol immediately after the August
recess. The Sen te plans to mark up their bill around the third week of September.
The House is w rking on their bill now, but will not take official action until the Senate
moves. We have no indication at this time what their response will be. It is difficult to
ask for an additional $2.5 million this soon after the FY 1994 Appropriation Bill.
I will keep you informed as we again move through this process.
e
.
WASHINGTON COUNTY
OFFICE OF AUDITOR-TREASURER
14900 61ST STREET NORTH. P.O. BOX 6. STILLWATER, MINNESOTA 55082-0006
612/430-6175
R.H. Stafford
Auditor-Treasurer
Pamela S. Mattila
Ucense Bureau
Nancy McPherson
Vital Statistics-Records
Gary Poser
Finance-Taxation
TO: Board of Commissioners
Administration
Candidates
Press
August 29, 1994
SUBJECT: 1994 Election Night Returns
The Auditor-Treasurer's office is pleased to announce the use of automated election results for the
upcoming primary and general elections.
If you would like a demonstration of the election night process, our office will be open on Tuesday,
September 6th from 6 -7 PM. We would be glad to demonstrate the equipment for you.
e
On election night, the Auditor-Treasurers office will be equipped to provide up-to date vote returns via
computer screens located on our counters for public viewing. Hard copy printouts of precinct results
will also be printed and placed on our counters for public use. We will also ,be answering telephone
inquiries for results using additional computer screens. Phone numbers available on election night are:
State Office Results 430-6791; County Office Results 430-6792; Municipal/School District Results 430-
6793.
I~ you are able to attend the demonstration, we are interested in any comments or suggestions you may
have on additional information you would like to see provided on election night.
If you are unable to attend on September 6th but would still'like to see a demonstration prior to election
night, please contact Gary Poser at 430-6184 and we will try to accomodate you.
If you have any further questions or comments please feel free to contact this office.
Sincerely,
1-
R.H. Stafford
~-Treasu~
By G~poser
Elections Division Manager
e
Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age and handicapped status ill employment or the provision 01 services.
CITY OF STILL WATER
NOTICE OF PUBLIC ACCURACY TEST
F~
r
-
The City of Stillwater will test electronic voting machines to be used for the vote tabulation
in the Primary Election to be held September 13, 1994.
The tests will be held on:
Wednesday, September 7, 1994, at 2:00 p.m.
The tests will be conducted at:
Stillwater City Hall, Council Chambers
216 No. Fourth Street, Stillwater, MN.
The public is invited to attend.
Publish: September 2, 1994
.
e
e
.
e
,e
r illwater
~ ----~
--- -~
THE BIRTHPLACE OF MINNESOTA J
August 31, 1994
Mayor Charles Hooley
and Councilmembers
City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
Dear Mayor and Councilmembers:
To you, as a sponsor of the American Wind Symphony Orchestra concert, we express our sincere
appreciation for your financial support. It was a spectacular evening of entertainment from the very
appropriate opening wi1h Handel's 'Water Music" to the cheering and fireworks of Sousa's "Stars and
Stripes Forever" as the grand finale.
Conductor Robert Boudreau had the audience chanting "One more time!" during the big band medley.
And it appears there will be one more time relatively soon for this fantastic orchestra to perform here
again. Their vessel, Point Counterpoint II, will winter here rather than returning at 8 miles per hour to
their home port in Pittsburgh. It looks now like their 1995 concert season will open here next June.
It is a credit to your fine community spirit that we were able to secure contributions from 30 businesses,
organizations, foundations and cities, that's 90% of the people we asked for help. There was terrific
response from the thousands who enjoyed the concert and on behalf of them, our committee and us,
we say thank you for your support.
Cordially.
/}f~
~
Nile Kriesel
City Coordinator
Hank Sampson
Chairman
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439,6121
1.
7:00
2.
3.
7:00
4.
7:05
5.
7:20
6.
7:30
7.
8.
9. 7: 45
WASHINGTON COUNTY
-
Dennie C. Heoberg
Dietrict 1
Mary Hauur
Dietrict 2/Cheir
Wally Abrehllm80n
District 3
Myra Peterson
Dietrict 4
Dave Engstrom
Dietrict 5
COUNTY BOARD AGENDA
SEPfEMBER 6, 1994, 7:00 P.M.
ROLL CALL
CONSENT CALENDAR
COURT SERVICES DEPARTMENT
R. REETZ, DIRECTOR
JOINT POWERS AGREEMENT WITH MINNESOTA COUNTIES
COMPUTER COOPERATIVE
AUDITOR-TREASURER'S OFFICE - R. STAFFORD, AUDITOR-TREASURER
SET PUBLIC HEARING - PROPOSAL BY HRA TO ISSUE
COUNTY BACKED G.O. BONDS
GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR
A. PROPOSED 1995 BUDGET
B. CERTIFY PROPOSED 1995 LEVIES TO THE AUDITOR-TREASURER
DISCUSSION FROM THE AUDIENCE
V1SFTORS AUY S1WIE 7HEIR CONC'ERHS 'WTTH 71lE COUNTY BOARD OF COMMlSSlONERS ON ANY rn:M NUT ON 71lE AGENDA. 71lE CHA/R WIlL DIRECT
71lE COUNTY ADMIN1S11lATOR TO P1lEPARE RESPONSES TO YOllR CONCEItNS. YOU ARE ENCOURAGED NUTTO BE REPE11110US OF PREVIOUS SPEtUCERS
AND TO UMrr YOllR ADD11ESS TO FIVE M/NU1ES.
COMMISSIONER REPORTS - COMMENTS - QUESTIONS -
TH1S PElUOD OF 71ME SHAIL BE WED 6Y 71lE COMMlSSlONERS TO 1fEPOIrT TO 71lE FUlL BOARD ON COMM11TEE ACT1V111ES.-MAJ(E COMMENTS ON
AU1TERS OF 1N1EREST AND lNFORMA110N. OR MlS1: QUESTIONS TO 71lE STAFF. TH1S AC110N IS NUT INIENDED TO RESULT IN SUBSTANllVE
BOARD AC110N DURING TH1S 11ME. ANT AC110N NECESSARY BECAUSE OF DISCUSSJON WIlL BE SCHEDULED FOR A FU1TJRE BOARD MEEI1NG.
BOARD CORRESPONDENCE
ADJOURN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Date
MEE~IHG HO~ICES
Committee
~ime
Location
Sept. 6
pt. 7
pt. 7
Vacancy Review Committee
Plat Commission
Met. Council Chairman's Advisory
1:30 p.m.
9:30 a.m.
7:30 p.m.
Administration Conference Room #2
H.E.L.M. Meeting Room
230 E. 5th St. - Mears Park Centre
If you need anSlanCe due 10 disability or langUQge barrier. pleae call 43~3 (TDD 439-3220)
AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR **
SEPTEMBER 6, 1994
,
The following items are presented for Board approval/adoption:
.
e
DEPARTMENT/AGENCY
ADMINISTRATION
ITEM
A. APPROVAL OF THE AUGUST 9 AND 16, 1994, BOARD MEETING MINUTES.
B. APPROVAL OF 1994 WAGE AND BENEFIT PACKAGE FOR COUNTY
DEPARTMENT HEADS.
AUDITOR/TREASURER
C. APPROVAL FOR AUDITOR-TREASURER TO EXECUTE TEMPORARY EASEMENT
AGREEMENT ON TAX-FORFEITED PARCEL 58107-2725 TO CITY OF
OAKDALE.
COMMUNITY SERVICES
D. APPROVAL OF RESOLUTION TO SUPPORT THE ONE-STOP CAREER CENTER
SYSTEM FOR MINNESOTA AND FOR BOARD CHAIR TO SIGN NON-
FINANCIAL AGREEMENT.
E. APPROVAL OF 1994/95 AGREEMENT WITH BURKWOOD RESIDENCE, INC.,
TO PROVIDE CHEMICAL DEPENDENCY SERVICES.
F. APPROVAL OF 1994/95 AGREEMENT WITH HUDSON MEDICAL CENTER TO
PROVIDE CHEMICAL DEPENDENCY SERVICES.
G. APPROVAL OF 1994/95 AGREEMENT WITH HAWTHORN INSTITUTE, INC.
TO PROVIDE CHEMICAL DEPENDENCY SERVICES.
H. APPROVAL OF 1994/95 AGREEMENT WITH HEALTHEAST CHEMICAL
DEPENDENCY TREATMENT PROGRAMS TO PROVIDE CHEMICAL DEPENDENCY
SERVICES.
HELM & COMMUNITY SERVICES I. APPROVAL TO ISSUE AND RECEIVE REQUESTS FOR PROPOSALS FOR HOME
CARE AND RELATED SERVICES FOR CALENDAR YEAR 1995.
e
HEALTH, ENVIRONMENT AND. J. APPROVAL OF AGREEMENT WITH THE CITY OF AFTON AND AUTHORIZE
LAND MANAGEMENT PAYMENT FOR DISTRIBUTION OF CURBSIDE RECYCLING FUNDS IN THE
AMOUNT OF $11,046.
HUMAN RESOURCES K. APPROVAL OF COUNTY PAID MEDICAL AND HOSPITALIZATION INSURANCE
PREMIUM FOR PAT J. VIERS, ACCOUNTING AND BUDGETING
DEPARTMENT, IN ACCORDANCE WITH SECTION 11 OF THE PERSONNEL
RULES AND REGULATIONS. .
PUBLIC WORKS L. APPROVAL TO ADVERTISE FOR PROFESSIONAL SERVICES FOR THE
DESIGN OF A GROUP SHELTER FACILITY AT LAKE ELMO PARK REEERVE.
M. APPROVAL OF AGREEMENT WITH SHORT ELLIOTT HENDRICKSON, INC.
FOR REPLACEMENT WETLAND MONITORING REPORTS ON CR 64, CSAH 4,
CSAH 5, AND CSAH 10 PROJECTS.
N. APPROVAL TO APPOINT ELISABETH MCEATHRON, GREY CLOUD ISLAND,
TO THE PARK AND OPEN SPACE COMMISSION, TO FILL AN UNEXPIRED
TERM TO DECEMBER 31, 1994.
...
.1
"Coaacat Calendar itana arc Ic:oerally clefmed u itcma of routine busiDcal, DOt requiriog diacualiOll. IIId approved ill ODe vote. Commialioaen may elect 10'
pull . COIIIel1t Caleadar itan(l) for diacullioa mdlor separate actioa.
.
.
.
~~mw~~@rr [pJl!JI[Q)~~@ [!J[Q)rr~rrw
~~~ !M@Irit[(iJ !F@l!JIrrtt[(iJ ~~rr@@ft
~~~~~w~~@rr~ MrM ~~(Q)~~
Board of Trustees
Minutes
August 2, 1994
Members: Childs, Engebretson, Freeman, Gorski, * Kalinoff, Maybanks, Nelson,
Ruch, Welshons. Director: Bertalmio.
* Absent
1. Call to order:
There being a 'quorum pl1esent the, meeting was called to order at 6:33 PM
by President Engebretson.
2. Adoption of the agenda:
With the addition of 6.E, the mailed agenda was accepted.
3. Communications - None.
Public Commentary - None.
4. Consent Calendar: Adoption of Minutes
Payment of Bills
Committee Reports
Monthly Activity Reports
Director and other Staff Reports*
Project Summaries*
Moved to adopt the consent calendar, including payment of bills in the
amount of $6,996.94. Seconded. Passed unanimously
5. Old Business:
A. Family Medical Leave Act Policy Document A
Motion to adopt; seconded, passed unanimously.
B. Revised 1995 Capital Budget Request There was no document B
Proposal to repair planters on east side will require additional thought
because of the estimated cost.
C. ADA Compliance Report Documents C&D
Documents were handed out and proposals discussed. No action.
D. Endowment Committee - Noting lack of progress over the years,
President Engebretson asked the Boards pleasure. Up or down decision
planned for October.
E. Other - None.
,'.
6. New Business:
A. Policy Review: Volunteer Policy Document E .
Noted that the policy addresses the management of volunteers, but does
not address the recruitment. No action requested.
B. Long Range Plan 1995 - Will be brought back to the Board this fall.
C. City Council Information Session - City Council has been invited to meet
with the Board on August 16 at 5:00 PM. '
D. The Joint Board Meeting of the libraries in Washington County is
tentatively scheduled for September 22 at Forest Lake..
E. Friends of the Library - President Engebretson would like the Board and
Director to consider forming and using a Friends organization.
F. Other - None.
7. Adjournment-
Agenda items being completed and no other business being before the
Board President Engebretson adjourned the meeting at 8:09 PM.
.
.
A
3490 Lexington Avenue North
League of Minnesota Cities St. Paul, MN 55126-8044
AFTERNOON PROGRAM
2:00-2:45 p.m.
2:45-3:00 p.m.
3:00-3:15 p.m.
3:15-4:00 p.m.
4:00-4:30 p.m.
. 4:30-5:00 p.m.
EVENING PROGRAM
5:00-6:00 p.m.
6:00-7:00 p.m.
7:00-7:15 p.m.
7:15-7:50 p.m.
7:50-8:05 p.m.
8:05-8:15 p.m.
8:15-8:30 p.m.
8:30-8:40 p.m.
. 8:40-9:00 p.m.
1994 REGIONAL MEETING PROGRAM
Investment strategies for small cities
Update on LMC services
Break
Tort liability limits
.how much liability coverage do cities need?
.what's happening on tort limits in the courts
and in the legislature?
Major city issues for the 1995 Legislative session
Questions & Answers--"What's Happening in Cities"
Social Hour
Dinner
Introduction by Jim Miller, LMC Executive Director
Welcome by Host City Mayor
LMC 2000: Service and Leadership-What do you think?
LMC video--Open Meeting Law
Discl:lssion on video--Jim Miller, Moderator
LMC Presidentts message--Chuck Winkelman, Mayor, St. Cloud
Multimedia presentation on the Ethics Law
Discussion and questions about new ethics law and how it affects
city officials--IGR staff
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
(612)490.5600
TDD(612) 490-9038
Fax (612)490-0072
1-800-925-1122 plus your city code
~if/-":: _
a ~"L:,...
.....\-;. .
Jt..
"
3490 Lexington Avenue North
League of Minnesota Cities St. Paul, MN 55126-8044
.
August 31, 1994
FROM:
Mayors, Councilmembers, Managers, Administrators, Clerks
c/o City Clerk
James F. Miller, Executive Director 9..;- fI1.JJb..u
League of Minnesota Cities 1994 Regional Meetings
TO:
SUBJ:
Again this year, the League of Minnesota Cities will hold twelve regional meetings to
bring city officials together from throughout Minnesota. At these meetings current
policy issues will be considered, as well as practical questions concerning the
problems you face. We cordially invite you to attend a regional meeting and to join in
our discussions.
This year, the League's regional meetings are scheduled in Two Harbors, LaPrairie, .
Randall, Worthington, Wabasso, Morris, Newfolden, Callaway, Cokato, Lanesboro,
LeCenter, and Lindstrom. You may receive an invitation from more than one host city,
depending upon your location. Please feel free to choose the one which best fits your
schedule.
The afternoon program will begin at 2:00 p.m. and cover issues of local and statewide
importance. Also planned are briefings on investment strategies for small cities, an
update on League services, tort liability limits, and major city issues for the 1995
legislative session.
The social hour is scheduled to begin at 5:00 p.m., followed by dinner at 6:00 p.m.
The evening program will include a presentation of "LMC 2000: Service and
Leadership", a video presentation on the Open Meeting Law, and a multimedia
presentation on the new Ethics law. J
I hope you will be able to join us at one of our regional meetings. If you plan to
attend, please RSVP the city contact person identified on the attached regional
meeting schedule to make your reservations. Come for the afternoon, the evening, or
both. I look forward to meeting you there.
.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
(612)490-5600
1-800-925.1122 plus your city code
TDD(612)4~9038
Fax (612) 490-0072
League of Minnesota Cities
DATE
Tuesday, September 27
Wednesday, September 28
.
Thursday, September 29
Tuesday, October 4
Wednesday, October 5
Thursday, October 6
Tuesday, October 11
.
3490 Lexington Avenue North
St. Paul, MN 55126-8044
1994 REGIONAL MEETING SCHEDULE
CITY
LOCATION/CONTACT PERSON
Two Harbors
Community Center
417 South Avenue
Two Harbors, MN 55616
Roger Simonson or
Lori Lynch
218/834-5631
La Prairie
Rainbow Inn-LaPrairie/Grand Rapids
1300 East Highway 169
Grand Rapids, MN 55744
Marilyn Carlson
218/326-8898
Randall
Randall VFW Post 9073
Randall, Mn 56475
Gerald Peterschick
612/749-2159
Worthington
Coliseum Ballroom
1474 Humiston Avenue
Worthington, MN 56187
Gamet Bums
507/372-8620
Wabasso
Wabasso Community Center
1429 Front Street
Wabasso, MN 56293
Marilyn Davis
507/342-5519
Morris
University of Minnesota-Morris
Student Center- University Campus Mall
Morris, MN
Ed Larson
612/589--4341
Newfolden
Newfolden Community Center
Newfolden, MN 56738
Grace Lindquist
218/874-7135
(OVER)
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
(612)490.5600
Fax (612) 490-0072
1-800.925-1122 plus your city code
TDD(612) 490-9038
..
1994 REGIONAL MEETING SCHEDULE ~~
(continued) .
DATE CITY LOCATION/CONTACT PERSON
Wednesday, October 12 Callaway Callaway Community Center
Callaway, MN 56521
Mary Townsend
218/375-4691
Thursday, October 13 Cokato First Baptist Church
395 Broadway North
Cokato, MN 55321
Don Levens
612/286-5505
Tuesday, October 18 Lanesboro Lanesboro Community Center
202 Parkway South
Lanesboro, MN 55949
Marge Drake
507/467-3722
Wednesday, October 19 Le Center LeCenter American Legion Club
97 South Park Avenue
LeCenter, MN 56057 .
Myles McGrath
612/357-4450
Thursday, October 20 Lindstrom Lindstrom Community Center
13330 Sylvan Avenue
Lindstrom, MN 55045
Mark Kamowski
612/257-0620
.