HomeMy WebLinkAbout2004-02-03 CC Packet
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-03
Council Chambers, 216 North Fourth Street
February 3, 2004
.GULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
OTHER BUSINESS
1. Possible approval of sprinkler system connection to City water supply -
Church
2. Possible approval of policy establishing criteria for publication box
for voluntary compliance (Resolution)
3. Discussion on lobbyist projects and increase in budget item.
oxes, and a program
CALL TO ORDER
ROLL CALL
STAFF REPORTS
1 ,Police Chief 3. City Clerk
Annual Report
2.Fire Chief 4. Director of Admin.
5.
7, City Attorney
6,
8. City Administrator
7:00 P.M.
CALL TO ORDER
ROLL CALL
.PPROVAL OF MINUTES
PETITIONS, INDIVIDUALS, DELEGATIO
1. Presentation of plaque to Fire C
004 special and regular meeting minutes
OPEN FORUM
The Open Forum is a portion 0
the meeting agenda. The Cou
to staff regarding investigati
eeting to address Council on subjects which are not a part of
e action or reply at the time of the statement or may give direction
erns expressed.
CONSENT AGENDA*
1. Resolution 200
2. Approval to pu ha
3. Approval of
4, Approval t
5. Resoluti
6. Appro
7. App
8. Appr
9. Approva
ting payment of bills
quad cars
occe all Tournament on Saturday, February 28 - Brine's
uipment for Public Works
pproval of Forestry Consultant contract
point of sale software maintenance agreement - Recreation Center
owledgement of receptivity to an LCA funding award
emporary On-Sale Liquor License - Valley Chamber Chorale - April 23-25, 2004
Temporary On-Sale Liquor License - Valley Chamber Chorale - December 3-5, 2004
PUBLIC HEARINGS
.. 1, Case No. SUP/04-02. This is the date and for a public hearing to consider an appeal of the Planning
Commission's and Heritage Preservation Commission's decision on a request from Jeff and Julie
Anderson for a modification to a Bed and Breakfast special use permit for the relocation of two guest
rooms from the main house to the carriage house and for special events (40 guest maximum) located
at 306 West Olive Street in the RB, Duplex Residential District. Notices were sent to affected property
owners and published in the Stillwater Gazette on January 23, 2004.
2. Case No. SUB/04-01. This is the date and time for a public hearing to consider a request from Henry
and Corliss Thomas for a resubdivision of Lots 28, 29, 30, Block 1, Wilkins Addition into to two lots.
Parcel A - 8,026.2 square feet and Parcel B - 8,675 square feet (7,500 square feet minimum) located at
1410 4th Street North in the RB, Two Family Residential District. Notices were mailed to affected
property owners and published in the Stillwater Gazette on January 23, 2004.
.
UNFINISHED BUSINESS
1, Update on fire department restroom update
2. Possible approval bond sales - Dave MacGillivray, Springsted Inc (2 Resolution
3. Approval of Downtown Plan Update
*
All items listed under the consent agenda are consi
enacted by one motion, There will be no separate dl
citizen so requests, in which event, the items will be re
separately.
tine by the City Council and will be
these items unless a Council Member or
ed from the consent agenda and considered
NEW BUSINESS
1. Meeting March 2, 2004 - Caucus Night
2. Review and approval of Army Building Condition and reuse study (Re
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (co
COMMUNICATIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
.
.
2
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-03
Council Chambers, 216 North Fourth Street
February 3, 2004
~EGULAR MEETING
~ECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Possible approval of sprinkler system connection to City water supply - Stillwater Evangelical Free
Church
2. Possible approval of policy establishing criteria for publication boxes, location of boxes, and a program
for voluntary compliance (Resolution)
3, Discussion on lobbyist projects and increase in budget item.
STAFF REPORTS
1.Police Chief 3. City Clerk
Annual Report
2,Fire Chief 4. Director of Admin,
5. Community Dev. Director 7, City Attorney
6. City Engineer/PWD 8, City Administrator
7:00 P.M. AGENDA
CALL TO ORDER
ROLL CALL
epPROVAL OF MINUTES - Approval of January 20,2004 special and regular meeting minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Presentation of plaque to Fire Chief Kim Kallestad
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of
the meeting agenda, The Council may take action or reply at the time of the statement or may give direction
to staff regarding investigation of the concerns expressed.
CONSENT AGENDA*
1. Resolution 2004-27, directing payment of bills
2. Approval to purchase 2004 squad cars
3. Approval of Annual Bocce Ball Tournament on Saturday, February 28 - Brine's
4. Approval to purchase equipment for Public Works
5. Resolution 2004-28, approval of Forestry Consultant contract
6. Approval to purchase point of sale software maintenance agreement - Recreation Center
PUBLIC HEARINGS
1. Case No. SUP/04-02. This is the date and for a public hearing to consider an appeal of the Planning
Commission's and Heritage Preservation Commission's decision on a request from Jeff and Julie
Anderson for a modification to a Bed and Breakfast special use permit for the relocation of two guest
rooms from the main house to the carriage house and for special events (40 guest maximum) located
at 306 West Olive Street in the RB, Duplex Residential District. Notices were sent to affected property
. owners and published in the Stillwater Gazette on January 23, 2004.
2. Case No. SUB/04-01. This is the date and time for a public hearing to consider a request from Henry
and Corliss Thomas for a resubdivision of Lots 28, 29, 30, Block 1, Wilkins Addition into to two lots.
Parcel A - 8,026.2 square feet and Parcel B - 8,675 square feet (7,500 square feet minimum) located at
1410 4th Street North in the RB, Two Family Residential District. Notices were mailed to affected
property owners and published in the Stillwater Gazette on January 23, 2004.
UNFINISHED BUSINESS
1, Update on fire department restroom update
2. Possible approval bond sales - Dave MacGillivray, Springsted Inc (2 Resolutions)
3. Approval of Downtown Plan Update
.
NEW BUSINESS
1. Meeting March 2, 2004 - Caucus Night
2. Review and approval of Army Building Condition and reuse study (Resolution)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
*
All items listed under the consent agenda are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion on these items unless a Council Member or
citizen so requests, in which event, the items will be removed from the consent agenda and considered
separately,
.
.
2
~ -
.
Stillwater Evangelical Free Church
Proposed Expansion
April 2004
.
Jim Kirkpatrick, Senior Pastor
Greg Lohmer, Elder Chairman
John Mecum, Building Committee/Architect
.
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MEMORANDUM
To: Mayor and City Council
From: Sue Fitzgerald, City Planner
Date: February 3,2004
Re: A Policy Establishing Criteria for Publication Boxes, Location of Boxes and a Program
for Voluntary Compliance.
Attached for your information is a copy of policy criteria for publication boxes, for the location
of the boxes and a program for voluntary compliance in the downtown historic district. Staff
sent letters to all the publications and newspapers that have vending stands downtown to invite
them to a meeting. Since then staff has conducted three meetings with the representatives of the
publications and representatives ofthe Greater Stillwater Chamber of Commerce that chose to
attend. The meetings went well, they presented their thoughts and this policy reflects their input
and addresses Chambers and City concerns.
The publishers felt that a policy rather than an ordinance was a preferred first approach with the
publishers enforcing the policy. If this approach doesn't work the subject can be revisited.
.
A POLICY
ESTABLISHING CRITERIA FOR PUBLICATION
BOXES, LOCATION OF BOXES AND A
PROGRAM FOR VOLUNTARY COMPLIANCE
8
A. Definitions For the purpose of this Policy, the following definitions apply unless the
context clearly indicates or requires a difference meaning.
B.
(I) Collector Area. An area within the public right-of-way designated by the City as
a specified permitted location for publication racks and boxes. The areas are
indicated on the Collector Area Map and are physically designated within the
right-of-way area.
(2) Public Right-of- Way. Any area designated, controlled or owned by any political
subdivision for the purpose of a public street, highway, sidewalk, parking or alley.
(3) Publication Boxes. Any type of unmanned device for the vending or free
distribution of newspapers or news periodicals.
(4) Policy Administrator. A person or entity chosen by consensus of the owners or.
licensees of publication racks and boxes, to administer the voluntary compliance
with this Policy.
Purpose and Criteria. The purpose of this Policy as set forth below is to promote the
public health, safety and welfare through the regulation of placement, appearance,
servicing, and insuring of publication racks or publication boxes on public rights-of-way
so as to:
.
(I) Provide for the safety and convenience of the vehicular and pedestrian traffic.
(2) Comply with the adopted ordinances, studies and plans of the City.
(3) Provide that the flow of vehicular and pedestrian traffic is not inhibited or
impeded.
(4) Provide desirable locations for the placement of racks or boxes for the distribution
of publications that offer good visibility, exposure to high volumes of traffic and
good accessibility.
(5) Provide for protection of public and private property during snow emergencies
and other weather-related emergencies.
(6) Provide for reasonable access for the use and maintenance of poles, posts, traffic
signals or signs, hydrants, mailboxes and bus shelters.
(7) Relocate or replace publication racks or boxes, which create a visual blight and
detract from the desired aesthetics of the community.
.
(8)
Maintain and protect the values of surrounding properties.
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.
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(9) Reduce unnecessary exposure of the public to personal injury or property damage.
(10) Treat all newspapers equally regardless of their size, content, circulation, or
frequency of publication.
(11) Maintain and preserve freedom of the press.
(12) Cooperate with distributors of newspapers and periodicals to permit reasonable
and safe distribution of their publications.
C. Location of Racks or Boxes for the Distribution of Publications.
(1) Within any public right-of-way racks or boxes, for the distribution of
publications, including newspapers, may be located only within areas that have
been designated as a "Collector Area" on the Collector Area Map prepared by the
Administrator and approved by the Stillwater Community Development Director
on file in the office of the Director of Public Works. Initially this Policy will
apply only in the downtown Historic District of the City.
D. Delineation of Locations. All "Collector Areas" for the location of racks or boxes for the
distribution of publications will be designated by black iron corrals of a style approved by,
the Administrator and provided at the expense of the City.
E. Style of Rack or Boxes for the Distribution of Publications.
(I)
All publications shall utilize the Shorack "K80" rack, in the matte black finish in
the Historic District located in five designated locations (see map). These
locations will be designated by black iron corrals. News racks must be within the
corrals.
F. The Allowable Number of Racks or Boxes Permitted.
(1) The total number of boxes, racks and distributors will be evaluated and compared
to the number of collection areas and total spaces available so as to permit a
reasonable allocation and distribution of the available spaces.
(2) The total number of boxes should be no more than can fit within a Collector Area.
G. Maintenance and Condition.
(I) All of the racks or boxes for the distribution of publications located in the public
right-of-way must be kept and maintained in good condition at all times. In
particular, racks or boxes must be reasonably free of dirt and grease, reasonably
free of chipped, faded and peeling paint in visible areas; and reasonable free of
rust and corrosion in visible areas.
(2) All clear plastic or glass parts, if any, through which publications are viewed,
must be maintained in an unbroken condition and free of cracks, dents, blemishes
and discoloration All paper or cardboard parts or inserts must be maintained
-2-
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(3)
reasonably free of tears, peeling or fading. All structural parts must be
maintained in an unbroken or not unduly misshapen condition.
No advertising display may appear on any rack or box other than the name and
price of the publication, or promotional material for the publication, vended in the
rack or box.
H. Removal of Publication Racks and Boxes.
(1) Non-conforming publication racks or boxes. Within 120 days after this Policy
becomes effective and at any time thereafter, any publication rack or box in
violation of this Policy should be eliminated.
(2) Abandoned Racks and Information.
1. In the event any publication rack or box installed pursuant to this Policy
does not contain the publication within a period of seven days after release
of the current issue, the Administrator may deem the publication rack or
box abandoned and should thereafter have the publication rack removed.
In addition, a publication rack or box will be deemed abandoned when no
publication is in the publication rack or box for a period of more than
seven consecutive days and the Administrator should have the publication
rack removed.
In the event a publication rack or box is voluntarily abandoned, the owner should
notify the Administrator and also completely remove the publication rack or box
and mount and resort the public right-of-way to a safe condition leaving no holes
or projections in the mounting surface.
(3)
I. Administration. It is the policy of the City that compliance with this Policy be voluntary
and not subject to regulation through the police power of the City. The vision of the City
is that with 60 day adoption of this Policy that an Administrator be chosen by the
publication industry to undertake administration of this Policy. The City requests the
program developed by the Administrator include the following elements:
(1) The Administrator must keep a current list of the name and address of those in
ownership or control of each box or receptacle.
(2) The Administrator must mail or deliver a phone number and address to the
Community Development Director or the Director's designees and should meet
and confer the Director or designee on a regular basis.
(3) The Administrator must keep a journal of complaints made by the public and a
summary of any responsive action. The journal should be made available upon
request, to the City Community Development Director or designee.
- 3 -
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(65r) 439-7681
Fax (65r) 439-7319
lIor 30tb Street, SHite see
WdJi119t0J1; nc. .20007
(l02; 625-4356
Fax (.20.2) 6.25-4363
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January 15, 2004
To: Jay Kimble, Mayor and Council Members
Larry Hanson, City Administrator
From:Ed Cain, LAI
Subject: State and Federal Governmental Issues for Consideration in 2004
1. LeveelFlood Control Project-Stage 3
We were successful in getting the language required to move ahead with the
planning and construction of the Stage 3 Flood Wall component of the Stillwater Flood
Protection Project. While we were unable to get the language in the Energy and Water
Appropriations Bill, we were able to get in the the Omnibus Appropriations Bill for FY
2004. We were one of only six projects nationally to be included in the Omnibus Bill.
Secondly, through extensive work with the Corps of Engineers, they have agreed
to release their control over the escrow account to permit us to move ahead on the initial
planning of the flood wall using a portion of these State funds to fund the work. This work
will provide information to the City to determine the location, length, style, and the extent of
protection for the City's commercial district. This information is also needed for the Council
to make decisions regarding the work on Lowell Park. The City will move the project along
by 6-12 months earlier as a result of their action to begin the planning process this year.
The U.S. Senate postponed action on the Omnibus Appropriations Bill during the
2003 Session of Congress. It has already been passed by the House of
Representatives. The Senate will bring up the Omnibus Bill as their first vote in the 2004
Session on January 20th. I have discussed this matter with both of our Senators, and we
anticipate no problems with our language in the Senate vote. The delay in passage was
due to major differences between the House and the Senate, not language issues such as
ours.
For the current year, 2004, we have several issues related to Stage 3 that will
need special work:
LeveeIFlood Control Proiect
1. Work with the City Administrator to maximize the funds available within the escrow
account in accordance with State requirements.
2. Work with the Corps and our Congressional Delegation to be sure that the Corps finds
the funds to move forward on the project in a timely manner. The Corps redirected the
$2 million appropriated for our project, and will have to find new money somewhere.
3. Work with Congress to permit funds expended in the Stage 3 work to be used as
matching funds for any Federal appropriation.
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4. The State is saying that the funds remaining in the escrow account must be returned to
the State since they were not expended within the contract period. We have two
options available - - - the first to request additional funds from the State Legislature for
matching the current work on Stage 3; - - - or, secondly, to ask the Legislature to include
language in the Bonding Bill which extend the time period under which the funds can be
expended. I will need to work with DNR and the State Bonding Committees to
determine which way we can make it work best for the City.
5. Carry out the work necessary with the Legislature to get the necessary legislation
passed to provide the State matching share for the project.
6. Work with the Corps on a number of issues, the preparation and signing of the Project
Cooperation Agreement, the allocation of funds for the project, the request for additional
funding for the project in the FY 2005 budget, to minimize procedures for selection of A
& E and construction work on the project.
7. Begin work in Washington, D.C. to request the additional funding needed in the FY
2005 Appropriations Bill. This will include the usual actions including meeting with
Committee Members, working with our Minnesota Representatives and Senators,
preparation of draft testimony for the House and Senate Appropriations Committees.
The Stillwater Library Construction Proiect
The Stillwater Library Construction project is one that is appropriate to request State
matching funds. Because of the broad service area that the library provides, it could be
considered a regional project. If we are able to get an extension of the State funds for the
Stage 3 Flood Control Project rather than a bonding request, it would improve our chances
of getting help on the Library. I would make the request for $5 million to match the private
funds for the project, while keeping the doors open for a slightly smaller amount. This is not
a "president setting" request, however, to be successful it must be presented in a specific
way.
I spoke with the Senate Capital Investment Chief of Staff about the issue, and she
suggested we introduce a bill this year, and work on it with the Members, but funding would
be available next year rather than this year. She also made some suggestions regarding
the approach to take that will be acceptable to the Senate Bonding Committee Members.
The Stillwater Armory Project
LAI work with the MN Department of Military Affairs has kept the Stillwater Armory
on the top of their priority list. They have requested State funds totaling $12.559 million to
be made available for construction in 2006. We could assure the State funding if we get
action on the get action on the Federal level this year. The Department of Military Affairs,
however, has requested the full amount for the construction of the Armory indicating they are
willing to request the funds whether or not the Federal contribution is made. The Legislature
will be reluctant to appropriate the full amount without Federal support.
A New Twist - - - i spoke with Jeffrey Oison, Commissioner of the Department of
Veterans Affairs about our needs, and he made a rather dramatic suggestion.
He said that the current facilities for the Departments of Veterans Affairs and Military Affairs
are grossly inadequate. Since Stillwater is the Headquarters for the State's National Guard,
he suggested that we request facilities in Stillwater to hQuse both of these Departments as
well as the new armory. This is a goal worth exploring fU(ther, especially with the new
appointment of the leader of the National Guard" and wittl the support of Commissioner
Olson.
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The Interstate Bridge
While the Mayor is leading the charge on this issue with the Committee and publicly,
there are legislative issues that need to be caressed as they move through the process.
For example, MNDOT has requested the authorization of $70 million in 2006, and another
$70 million in 2008 for the construction of the project. Working for the City on other issues, I
am frequently ask by Members of the Legislature about the progress on the project. We
will eventually have to have their votes on the appropriation.
We still have a bunch of Sierra Club "whackos" in the Legislature opposing the
construction project. Over the past years, six bills have been introduced to block the
project. I would not at all be surprised to see another introduced this Session. We no
longer have the experienced leadership of Mark Holsten and Gary Laidig to be our
watchdogs, and to lead the fight.
At the Federal level, a provision has been included in T-21 , the Transportation Bill, to
exclude water projects (bridges) from the requirements on Wild and Scenic Rivers. The
passage of this provision will be highly controversial. The Sierra Club and other far left
environmental groups will strongly oppose it. Since the Stillwater bridge is at the hub of
this debate, we will have to provide information to the Members of Congress making this
decision.
It may be a very touchy situation. Both Mark Kennedy and Jim Oberstar are on the
Transportation and Infrastructure Committee. Jim is the Ranking Member on the
Committee, and is considered by many as the transportation "guru" for the entire Congress.
His position will influence many votes in both the House and the Senate. While he has
been a strong supporter of the bridge construction, modifying the Wild and Scenic River
Act is another issue - - - one that has been proposed by a Republican Administration
during an election year. Jim and I have been close friends for 30 years. I will have a better
chance to temper his position on this issue than anyone.
Hotel. Food. and Beverage Tax
This is a personal issue! I am deeply offended by the fact that tens of thousands
visitors and tourists come to our City, enjoy are beautiful location, take advantage of our
river and facilities, yet never contribute in any way to the upkeep, maintenance, additional
police services, and many other costs that are paid for entirely by the property owners.
We even pay the Chamber of Commerce to encourage more visitors to come.
Nearly every City in the State of Stillwater's size has established such a hotel and/or
food and beverage tax. The State collects these taxes for the City, so it does not require
additional staff to implement the collection process. Such a tax would likely produce
$400,000 to $500,000 a year based on estimates done with the State some years ago.
while these funds can not be used for maintenance costs, there are a number of budgetary
items where they can be used, replacing existing expenditures.
The opposition may come from some of the businesses simply because they don't
want to have to collect these taxes. Many of the business owners do not even live in the
City. The City should earmark some of these funds for the park, lighting, or whatever would
demonstrate improvements that would benefit both the City and the businesses.
I believe I could get such a provision passed by the Legislature with little or no
publicity.
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State of MinnesotiJ ?()()4 Capital Htldget Roque:,,1
1/14/2004
PafJe 24
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2003
Stillwater Police
Department
Annual Report
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LARRYJ.DAUFFENBACH
CHIEF OF POLICE
CRAIG T. PETERSON
CAPTAIN
THE BIRTHPLACE OF MINNESOTA
February 2,2004
POLICE DEPARTMENT
Mayor Jay Kimble
Members of the City Council
Citizens of the City of Stillwater
The 2003 annual report has been completed. I am submitting the report to you for your
review, I hope you find the report informative and useful in evaluating the Police
Department. The report was compiled by Captain Craig Peterson and his staff. I would
like to thank them for all of their work on the project.
2003 was a difficult year to manage the Police Department. In January the Minnesota
State Legislature was facing huge budget deficits. Aide to Minnesota Cities was cut
drastically. This resulted in loss of revenue for the City of Stillwater and department
heads were asked to cut budgets. The Police Department budget was cut by $120,000.
We met this challenge by leaving staff positions vacant caused by attrition, reassigning
duties throughout the department, minor losses of services to the public, and new
schedules for patrol officers and investigators. In the end we achieved our goal thru the
dedication and hard work of all Police personnel. In 2004 staffing levels were reinstated
and we are in the process of filling vacant positions,
Crime statistics are included in the report, Total incidents for year 2003 were 13,132.
This is a 4.79% increase over last year (12504). Major crime, part I and II offenses, are
down slightly (2007 in 2003--2149 in 2002). However part III, IV and V (mainly calls
for service) are up (8962 in 2003-- 8646 in 2004), Traffic citations are also up (2803--
compared to 2508).
I would like to thank the mayor, city council, city administrator, other city departments
and the citizens of the community for their support. The success of the police department
is dependent upon the community, Without the public support, success would not be
possible.
~YI /1;Jjjj!
Ch~ arry DaUffen~
Sti:~:r Police Department
212 North 4th Street · Stillwater, Minnesota 55082
Business Phone: (651) 351-4900 · Fax: (651) 351-4940
Police Response/Assistance: 911
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The Ci/v of Stillwater
2003
Mayor
Jay Kimble
City Council
John Rheinberger
Wally Milbrandt
Gary Kriesel
David Junker
City Administrator
Larry Hansen
City Attorney
David Magnuson
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Stillwater Police Department
Mission Statement
The Mission of the Stillwater Police Department is to
provide a superior police service to the citizens of
Stillwater. The department and all of its members are
devoted to providing a fair and equitable police service
to all citizens having contact with the department. The
department is committed to maintaining Stillwater as a
safe and peaceful community.
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Stillwater Police Department
Citizens of Stillwater
Mavor and City Council
Citv Administrator
Chief Larrv Dauffenbach
Captain Crai2 T. Peterson
Patrol
Sergeant Dave Roettger
Sergeant Chris Felsch
Sergeant Art Sievert
Sergeant Nate Meredith
Investi2ations
Sergeant Jeff Magler
Officer Jeff Stender
Officer Leslie Wardell
Officer Brad Allen
Officer Carla Cincotta
Officer Scott Geving
Officer Steve Hansen
Officer Sandra Vetsch
Officer Brian Bruchu
Officer Chris Crayne
Officer Kyle Sykes
Officer Chris Rhoades (Active Military)
Officer Paul Kezar
Officer Christopher Kopel
Narcotics
(vacant)
Records and Dispatch
Jennifer Peltier
Linda Thompson (half-time)
Communitv Service
Animal Control. Propert". E"idence and
Parkin2 Enforcement
Part-Time Officers
Sergeant Doug Buberl
Cindy Jacobson
Dennis Pasket
Leo Miller (Code Enforcement, part-time)
Larry Buberl (part-time)
DARE
Officer Carla Cincotta
Officer Steve Hansen
Officer Sandra Vetsch
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Patrol Division
The Patrol Division is the largest component of the department. All members
assigned to the Patrol Division are sworn personnel. At full strength, within the Patrol
Division, the department has four patrol sergeants, ten full-time patrol officers and one
part-time patrol officer.
The department faced severe budget problems in the beginning of the year and as
a result, the department was not able to replace an officer that resigned in June of 2002.
The department was forced to recall the narcotics investigator to patrol duties and not
replace a general investigator as of the first of the year after he had been promoted to
patrol sergeant. In June, one officer was taken off the patrol schedule due to anticipated
medical issues, in July; another patrol officer was called to active duty for the National
Guard. Both of these officers should return to patrol duties by the summer of 2004.
Throughout the summer months, the department was at the highest, three officers short.
Cities of similar size in the Twin Cities metropolitan area have an average of 14.5 patrol
officers; at full strength, the department has 10 patrol officers (Stanton Group, 2002).
As of January 1,2003 the patrol division implemented a twelve-hour schedule for
all but one officer assigned to patrol. The change was implemented to attempt to address
personnel shortages, supervisory issues and to address officer concerns regarding their
work schedule. The twelve-hour schedule selected seems to have addressed all those
issues. The division is divided into four teams, two-day shift teams and two-night shift
teams. There is one sergeant assigned to each team. The schedule's rotation has every
officer working every other weekend, the rotation encourages officers to use accrued time
off on non-weekend days because it gives more days off in a row than if the officer used
the time on their three-day weekend to work. The schedule seems to have given the
department what it needs, more officers working on each weekend as well as allowing
each officer to have a more family friendly work schedule.
Each shift is supervised by a patrol sergeant who is also responsible for
responding to calls for service. Additionally, each patrol sergeant has other assigned
Bicvcle Patrol Unit
Sgt. David Roettger
Officer Brian Bruchu
Officer Chris Crayne
Officer Scott Geving
Officer Nate Meredith
Officer Sandra Vetsch
Officer Kyle Sykes
Officer Jeff Stender
Officer Leslie Wardell
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administrative responsibilities beyond their field supervision role. Patrol sergeants are
individually assigned to be in charge of fleet maintenance, equipment maintenance,
employee safety committee, Bicycle Patrol Unit, Use of Force Training, Field Training,
Safe and Sober Grant management, as well as other duties as required.
Officers within the division also provide a wide range of added services to the
department including, DARE, Use of Force Instructors, Field Training Officers, Bicycle
Patrol Officers, Gun Safety Instruction and Explorer Scout Advisors. Several of our
officers serve in many different capacities.
Field Trainin2: Unit
Sgt. Chris Felsch
Officer Leslie Wardell
Officer Scott Geving
Officer Nate Meredith
Officer Steve Hansen
Officer Carla Cincotta
DARE
Officer Carla Cincotta
Officer Steve Hansen
Officer Sandra Vetsch
Equipment Maintenance
Sgt. Chris Felsch
Use of Force Trainin2:
Sgt. Chris Felsch
Sgt. Art Sievert
Officer Nate Meredith
Officer Steve Hansen
Fleet Maintenance
Sgt. Dave Roettger
Safe & Sober Grant
Sgt. Nate Meredith
Patrol Division Functions
Safety Committee
Sgt. Art Sievert
The department is responsible for patrolling and providing law enforcement
services to approximately ten square miles. During the year 2003, the Department
responded to over 13,000 incidents, the most incidents in the department's history.
Special events require the department to schedule additional manpower to handle
each event while maintaining minimum staffing levels to the rest of Stillwater. All
employees of the department are required to work during Lumberjack Days. Other
special events are staffed with off-duty officers working overtime or the event's
promoters occasionally pay the officers directly.
Enforcement
Stillwater is a very popular tourist attraction, as such; it is not surprising that
traffic, and its by-products, is the number one complaint received by the department. In
response to these complaints, the department targets traffic laws and ordinances in an
effort to reduce traffic accidents and traffic related problems.
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2003 Officer Initiated Statistic Comparison
2000 2001 2002 2003
OWl Arrests 152 161 167 184
Speed Citations 524 937 554 734
Drivers License Violations 173 150 195 185
Misc. Moving Violations 452 449 472 583
Parking Violations 201 572 285 337
Non- Traffic Arrests 280 345 380 432
Education
The Department also educates the public through various means on these laws
and ordinances. The Department owns and operates a speed trailer. The speed trailer is
set up in a stationary position at problem locations throughout the city. It displays the
speed of the vehicle as the vehicle passes by the trailer. This keeps the drivers aware of
both their speed and the speed limit in the area. Several officers are trained to set up the
wagon so it can easily be set up at any time of the day.
Patrol Division Comparisons
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The Department also owns a hand-held radar unit that is loaned to citizens who
are interested in clocking vehicles near their residences. If a citizen clocks a vehicle at an
excessive speed and obtains a license number, a courtesy letter will be mailed to the
registered owner of the vehicle advising them of the incident.
The Department has also provided officers to appear and speak at various
locations. Officers attended pre-schools, elementary, junior high and senior high
activities. Numerous tours of the police department and its squad cars have been provided
to Stillwater area children throughout the year. Officers will speak on various public
safety related problems and issues.
The following statistics depict yearly comparisons of the department's
progression throughout the past eighteen years. The statistics also compare how
Stillwater is situated with other communities of similar size.
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Chronological Comparison
In analyzing the progression of the patrol division over the past eighteen years,
the number of patrol officers has remained constant or decreased slightly throughout that
period. The department had eleven patrol officers in 1986 and ten in 2003. This
comparison examines only officers assigned exclusively to patrol duties.
The statistics do not depict part-time officers that had been employed in the late
eighties and early 1990's. During that period, the department used part-time officers to
fill in for full-time officers for shift vacancies and additional shifts on the weekends. The
department had as many as ten part-time officers in the early 1980's. The department
currently has one part-time officer. The current part-time officer is not used to fill in
regular or additional patrol shifts. The department found that because part-time officers
have full-time jobs or ambitions elsewhere they are difficult to train and maintain at the
Stillwater Police Department. The department requires a level of quality and training that
cannot be maintained effectively by most persons employed on a part-time basis. Quality
and liability issues have forced the department to abandon utilizing part-time licensed
police officers to substitute for full-time officers. The current part-time officer is
employed full-time by the Anoka Police Department so his training and experience is not
an issue, Our current part-time officer is utilized during special events on foot patrol.
While the department has grown in full-time employees over this period by four
officers, these additions have been used to fill other requirements of a modern and
professional police department. The department has added these officers to fill extra
investigative and supervisory positions, which did not exist and were not required
previously. These supervisory positions include the addition of two patrol sergeants.
While patrol sergeants do respond to calls for service, they have many other duties for
which they are responsible.
There were 8,456 incidents reported to the department in 1986 compared to over
13,000 incidents in 2003, an increase of over 60%. This years total incidents present an
increase of 34% over the average of the previous 17 years. In 1986, the average number
of incidents handled by each patrol officer was 769 incidents during the year. In 2003, the
average number of incidents handled by each patrol officer has risen to 1504. This is an
increase of 95% from 1986 and an increase of 27% over the seventeen-year average.
Comparison with Similar Departments
In order to compare the department's patrol personnel to other similarly situated
cities it becomes apparent that Stillwater is a unique community. Stillwater is driven
largely by the tourism industry and thus the population the police department serves
grows dramatically in the summer months.
Stillwater ranks 1 ih in resident population among the 25 Stanton Group 6 Cities
with a police department. Stillwater has a population of approximately 16,200 residents.
The average population for this group of cities is 18,272 residents. According to the 2002
Stanton Group Survey, Stillwater employs 10 full-time patrol officers, the second lowest
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number in the Stanton Group. The average for this group of cities is 14.5 patrol officers
(Stanton Group, 2002).
There is no way to accurately measure the number of visitors Stillwater receives
each year. One way to estimate the number of visitors is to examine the sales and use tax
figures as reported by the Minnesota Department of Revenue. For the purposes of the
research, only the areas of "Eating/Drinking" and "Hotel/Lodging" were used, as these
numbers will depict the amount of tourist activity in a jurisdiction.
In 2000 (the most recent report), Stillwater is ranked second in gross sales in these
two categories among Stanton Group 6 cities at $39,892,557. The average for the group
is $17,343,433. Stillwater's numbers increased 8.48% from the 1998 report (Minnesota
Department of Revenue, 2000).
The Minnesota Department of Public Safety, Alcohol and Gambling
Enforcement, publishes the number of on and off-sale liquor licenses issued in each
jurisdiction. Stillwater was listed as having the most liquor licenses issued in the group
with 46 on and off-sale licenses. The average for the group of cities is 17.95 liquor
licenses (Minnesota Department of Public Safety, 2002).
These numbers are a strong indicator that Stillwater is a unique city. The
department faces problems that the average similarly sized city would not have to
confront. The department has been getting by with fewer officers, a growing population
and an increasing call load. The Minnesota average for total officers for every 1000
citizens is 1.6 per 1000. Stillwater, with all 20 full-time officers, is at 1.23 per 1000
residents.
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References
1. Minnesota Department of Public Safety, Alcohol and Gambling Enforcement
(2002). Listing of Liquor Licenses Issued by City. Retrieved on August 14, 2003
from http://www.dps.state.mn.us/alcgamb
2. Minnesota Department of Revenue (2000). Minnesota Sales and Use Tax by City
and Industry. Retrieved on August 14,2003 from
http://www.taxes.state.mn.us/taxes/legal policy/research reports/revenue by city
12000 sur city,shtml
3. Stanton Group (2002). Twin Cities Metropolitan Area Salary Survey. Volume 1-
Salaries. DCA Stanton Group. Plymouth, MN
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Investigative Unit
The Investigative Unit of the Stillwater Police Department consists of one
sergeant and three investigators at full strength. The budget shortages required the
department to remove a general investigator and a narcotics investigator and place those
officers on patrol duties. The unit was forced to function with half its normal staffing for
most of2003. Personnel assigned to investigations during the year were:
· Sergeant Jeff Magler
· Offi cer Jeff Stender
· Officer Carla Cincotta (Washington County Narcotics Task Force)
. Officer Sandra Vetsch
Sgt. Magler is the unit supervisor, handles juvenile investigations, and is the
police/school liaison officer. Sgt. Magler was new to investigations at the beginning of
the year. He has attended several classes covering a variety of specialized areas involving
investigations.
Carla Cincotta had been assigned to the Washington County Narcotics Task Force
until the spring of 2003 when the department was forced to re-assign her to patrol duties
because of the budget shortage. The department currently does not have a representative
assigned to the Narcotics Task Force.
Jeff Stender has been assigned to general investigations throughout 2003 but has
involved himself in narcotics investigations when such incidents directly involve the City
of Stillwater. Narcotics investigations take a very large amount of time and effort and it is
very difficult to perform both narcotics and general investigations.
Sandra Vetsch joined the investigative unit in June of 2003 as a medically
required light duty assignment. Sandra has been off since the end of October but will join
the investigative unit full-time in January of 2004.
Buv Fund
The Buy Fund is a ready supply of cash to be used for drug buys, alcohol
compliance checks, tobacco compliance checks, informant pay, and other expenses
incurred during the course of an investigation. The city finance department conducts
unannounced audits on the fund periodically during the year.
Juvenile
Sgt. Magler is assigned to the juvenile officer position. The duties associated
with this position are:
. Liaison Officer with all schools public and private within the city
. Juvenile investigations
. Department representative on YCAPP project at Stillwater Junior High
. Juvenile Accountability Grant planning and reporting
Tobacco Compliance Checks
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Alcohol Compliance
Officer Brian Brochu coordinates alcohol compliance checks and Officer Hansen
has assisted him. During 2003, Officer Brochu was able complete one round of
compliance checks. All the businesses he checked passed the compliance check. Both
Officer Brochu and Officer Hansen have been trained in the proper procedures for
conducting compliance checks and training retailers in identification of customers.
Tobacco compliance checks were completed twice in 2003. Sandra Vetsch, Steve
Hansen and Chris Kopel coordinated their efforts to conduct the checks. Twenty-two
businesses hold licenses to sell tobacco products in the City of Stillwater. The first round
of compliance checks had four failures. In the second round, there were no failures.
Officer Vetsch and Hansen have been trained in the proper procedures for conducting
compliance checks as well as training retailers on the proper methods of accepting
identification from potential tobacco customers.
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Records and Dispatch
The records and dispatch section began the year staffed by two full time
employees, Margaret Seim and Jennifer Peltier and a half-time secretary, Linda
Thompson. Margaret Seim retired in June of this year after 27 years of service.
Margaret's absence has left the department with a lapse in service in several areas. Jenn
and Linda have been working relentlessly to overcome these service deficits.
Jennifer Peltier has been with the department for nine years. Linda Thompson has
been with the department since September of 2000. Due to the budget reductions,
Jennifer Peltier will be the only secretary dispatcher available to the department. Jenn
will be responsible for completing the work of two full time employees.
The department has office staff Monday through Friday, 8 AM to 4:30 PM. When
J enn is absent, the office can be staffed by other personnel to answer the telephones and
walk up service, however; this removes those people from their own duties. The office
has been closed at irregular times during Jenn's absences. Jenn has fulfilled all necessary
records management functions as well as dispatching duties for all non-emergency calls
that come into the department. Linda's responsibilities have increased as well throughout
this period. All calls to the police department after business hours are forwarded to the
Washington County dispatchers.
One of Linda Thompson's primary duties is to transcribe police reports that have
been dictated by patrol officers. Dictated police reports allow the patrol officers more
time on the street rather than in the office writing reports. This system has been in place
for over three years and continues to prove as an effective method to maintain officer
availability.
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Margaret Seim
Media Relations
The media relations' function governs the release and maintenance of police
department public records as allowed by Minnesota statutes.
Public records, as defined by the Minnesota Data Practices Act, are those which
may be made available to any person by request within a reasonable amount oftime.
Records containing confidential or protected information as specified in the public record
exemption must be properly edited before release to any requesting party.
The records and dispatch personnel follow the Minnesota Data Practices Act
whenever a release of information is requested. Records and dispatch personnel generally
will release information only in document form. Verbal release of information to the
media is primarily the responsibility of Captain Peterson.
The department recognizes the need to keep open lines of communication with the
media. The media relation function strives to encourage media involvement with the
department to further inform and involve the community with current public safety
related issues.
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Linda Thompson
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Community Services
Two full-time members, two part-time members and a full-time seasonal member
currently staff the Community Service Unit. All members of the unit are non-sworn
personnel. All members of the unit assist patrol officers when requested in addition to
their individually assigned duties.
Cindy Jacobson is the Animal Control and Property Control Officer. Her
responsibilities encompass all of the animal control duties as well as maintaining all
property and evidence taken in by the department. Cindy coordinates all property that is
released, destroyed or sent to auction. Cindy has been with the department for over
seventeen years in this capacity.
Dennis Pasket is assigned to parking enforcement and his duties are to enforce all
parking ordinances mainly in the downtown area. Dennis also maintains and deploys the
speed trailer at numerous locations throughout the city. Dennis has been in this position
with the department for the past eight years. During the summer months of2003, Dennis
was assigned to oversee the pay lots in the downtown area.
Larry Buberl is one of the part-time Community Service Officers. Larry works
mainly during the summer months on the weekends performing parking enforcement
functions. Larry has also assisted Cindy Jacobson with property and evidence when
needed. Officer Buberl is a retired part time officer with the department.
Leo Miller, a retired full-time Stillwater Police Officer, is employed as a part-time
Community Service Officer. Leo's responsibility is that of code enforcement. Leo works
in the summer months responding to and proactively seeking code violations such as
messy yard complaints and hazardous conditions.
In 2003, Community Service Officers issued 2095 parking citations on the streets
and additional 1580 citations for pay lot violations.
For the past few years, the department has employed a full-time seasonal
community service officer. This program requires the officer to be enrolled full time in a
college level law enforcement program working toward becoming a full time licensed
police officer. The officer has been used to supplement the current community service
activities as well as certain types of patrol functions. The duties for this officer will
primarily keep them in the downtown area and in the city parks. This program had been
in effect for the past three summers, however; the budget shortage required that Officer
Kopel was assigned to downtown parking enforcement. Christopher Kopel returned for
his third year as the seasonal community service officer. Chris was hired as a full-time
police officer in October of2003. The department intends to fill three or four seasonal
community service positions in the summer of 2004.
Administration
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In 2003, the department made several changes that affected the service delivered
to the community, both positively and negatively.
Margaret Seim's retirement early in the year forced the department to continue
with only one Secretary/ Dispatcher. Margaret's position was not replaced because of the
budget situation. This left Jenn Peltier as the only full-time secretary. Jenn has been
performing at an exceptionally high level in order to meet the demands of two full-time
positions. When Jenn is on vacation, or otherwise absent, the office is closed, or another
non-sworn employee is assigned to sit at the front desk to service walk up requests for
service. Dispatching is performed by Washington County Dispatchers during business
hours when Jenn is gone. Jenn Peltier's absences create a void in the services the
department normally delivers.
The patrol division completed a full year utilizing the twelve-hour work schedule.
Despite several vacancies that evolved over the past twelve months the schedule proved
to withstand those deficiencies and provide as quality a service as possible. Under the
twelve-hour schedule, officers each worked an average of 41 hours more than in 2002.
The increase in hours worked was 574 hours or an additional 27% of I full time officer.
The added hours benefited the city by over $15,000 of additional work over the schedule
the department previously employed. The previous work schedule was not a true 2080
work schedule and no officer worked more than 2069 hours. The twelve-hour schedule
also substantially reduced the overtime spent by the department. Overtime was reduced
by 358 hours or 23%. This was a savings of over $14,000 from 2002. The total savings
by implementing the twelve-hour schedule was nearly $30,000.
The department also instituted a system of verifying and tracking all resident and
non-resident predatory offenders. The department maintains a master file of all predatory
offenders, which includes each offender's photograph, offender characteristics, home and
work addresses and vehicles driven. Officers will verify each resident offender at a
minimum of once every year. The City of Stillwater currently has 22 resident predatory
offenders and an additional 25 predatory offenders who work or have frequented
addresses within the city. Of the 47 offenders who live or work in Stillwater 39 have a
risk level that is "not assigned", seven have an assigned risk level of" 1 " and one offender
has a risk level of "2". The risk levels of all Stillwater offenders require that their
information and identities remain confidential and for law enforcement use only.
The Minnesota Peace Officer Board of Standards and Training completed an audit
of the department's policies and procedures in March of2003. The department was found
to comply with all of the state mandated policies,
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Complaint Investi2ation
Complaint Investigation, commonly referred to as internal affairs, is to investigate
complaints or allegations of a serious nature against employees of the department.
Complaint investigation serves to make employees accountable to the citizens and to the
department. All allegations or complaints received by the department are documented and
investigated,
The department reviews all complaints to identify behavioral or procedural
patterns, which may not be consistent with policy or procedure. The department may
determine if the complaint arose out of a policy failure. If it is determined as a policy
failure, the department will amend its policy so that future questions or complaints do not
occur.
Captain Peterson will receive and screen complaints by citizens or other officers.
Once a review of the nature of the complaint is made, a determination will be made how
the complaint will be handled. Often the complaint is that of a perceived "lack of
courtesy" on the part of the employee, so long as this is a one-time incident, this can best
be handled by the employee's direct supervisor through counseling and or training. Other
complaints arise out of a misunderstanding as to why the employee performed the way he
or she did. These are classified as an inquiry or question, these will be documented as
such and an explanation will be given to the citizen explaining department policy and
procedure.
Complaints that are of a serious nature or are a repeated minor violation will
require a formal investigation into the allegations of misconduct. No formal investigation
into employee misconduct will be initiated without the direction of the Chief of Police.
Complaint investigations must be conducted in complete accordance with the Peace
Officer Bill of Rights, Minnesota State statute and Stillwater Police Department policy.
In 2003, the department had two investigations into officer misconduct. One
resulted in a IS-day suspension, the other a letter of reprimand. There were two other
inquiries made into officer conduct, which were not investigated formally, and the
incidents were handled by the officer's immediate supervisor as a performance matter.
January
February
March
April
May
June
July
August
September
October
November
December
Paul Kezar
Steve Hansen
Kyle Sykes
Scott Geving
Chris Crayne
Kyle Sykes
Leslie Wardell
Brad Allen
Steve Hansen
Brian Bruchu
Jeff Stender
Brian Bruchu
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Awards Pr02ram
Police departments operate on policies and rules. It seems officer's performance is
most often recognized when those policies or rules are broken. The intention ofthe
department's awards program is to distinguish the good and often great efforts being
made by our officers throughout the year. The department has had an employee
performance recognition policy in place for several years.
Supervisory staff nominates one officer every month to the Chief and the Captain
based upon the officer's performance during the month. Once selected to receive the
award, the officer receives a letter of recognition and his or her name is engraved on a
plaque that is displayed within the police department.
2003 Outstandin2 Service Award Recipients
Officer of the Year
At the end of each year supervisory staff once again nominate an officer for
Officer of the Year. That officer is selected using performance criteria throughout the
year and contributions the officer has made to the department and the city. The officer
receives a plaque and an award ribbon to be displayed on his or her uniform.
In 2003, Investigator Jeff Stender earned the designation of Officer of the Year.
Officer Stender earned this award by his consistency and diligence in the performance of
his duties. Officer Stender has proven his dedication to the department throughout the
year by consistently backing up patrol officers and following through on tough cases to
get convictions and solve community problems. Officer Stender investigated and solved
several major crimes during the year. Officer Stender worked with federal agencies to
solve a counterfeit cigarette fraud, which will yield a substantial amount of forfeiture
money to the department. The counterfeit cigarettes are alleged to have helped finance
terrorists in the Middle East. He also broke up a prostitution business and assisted in the
recovery of two children who had been kidnapped by their mother out of Nebraska.
These are just a few of the cases that Officer Stender has been involved in 2003. The
department and the City of Stillwater has and will continue to benefit from Officer
Stender's skills and dedication.
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Officer Jeff Stender. 2003 Officer of the Year
The department can bestow several other awards on an employee of the
department or a member of the public. Any member of the department can nominate
another employee or member of the public for an award. The nomination is given to the
department's Awards Committee who investigates the nomination and forwards the
committees recommendation to the Chief of Police. The A wards Committee is comprised
of a sergeant and two officers. During 2003, the committee included Sergeant Felsch,
Officer Allen and Officer Cincotta.
In January of2003, the department recognized Officer Leslie Wardell by
presenting her with the Meritorious Service A ward for her ten years of service as a
DARE Officer and DARE coordinator. Officer Wardell began the program for the
department and it continues to be an asset to the community.
In January of2004, the department recognized Officer Steve Hansen with the
Meritorious Service A ward for his exceptional performance throughout 2003. Officer
Hansen was instrumental in the department's acquisition and training in the M26 Taser.
Officer Hansen is a use of force instructor, a field-training officer and a DARE officer.
Officer Hansen has also coordinated and taught the DNR Firearm Safety Course for
several years.
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Officer Steve Hansen
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Officer Wardell and Chief Dauffenbach
In April, the department acknowledged Margaret Seim for her meticulous service
and record keeping for the past twenty-seven years. In 2003, the Minnesota Bureau of
Criminal Apprehension recognized Margaret for her records system. Margaret Seim was
presented with the Meritorious Service A ward.
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The department also acknowledges citizens who have gone beyond what is
expected of them to assist the police department or others in promoting public safety. The
department presents such citizens with the Citizen Commendation A ward.
In September, the department recognized six men with Citizen Commendations
for chasing and capturing a man suspected of robbing Diamonds on Main on July 25,
2003 during LumbeIjack Days. The six men pursued and captured the suspect after
hearing the victim's plea for help. The suspect was turned over to police officers a short
distance from the business.
Every year Mothers against Drunk Driving recognizes officers who have excelled
in drunk driving enforcement. In 2003, MADD began recognizing those officer's
supervisors who have supported these officer's efforts. This year MADD recognized
Officer Scott Geving for arresting 46 drunk drivers in 2002. MADD also acknowledged
Officer Geving's supervisors, Sergeant Meredith and Sergeant Felsch.
Sl!t. Meredith. Officer Scott Gevinl! and Sl!t. Felsch
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Personnel Chan2es
Retirement
In June, Margaret Seim retired from her position as a Secretary/ Dispatcher.
Margaret began her career with the police department in February of 1976 and she served
the city for over 27 years.
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Former Police Chief Don Beberg and current Chief Dauffenbach presented Margaret with
a plaque at her retirement party.
Assi2nments
In May, Officer Cincotta was reassigned from her appointment to the Washington
County Narcotics Task Force to regular patrol duties. This reassignment was made to
counteract personnel shortages in patrol staffing. The department currently does not have
an officer assigned to the task force.
In June, Officer Vetsch was assigned to investigations as part of a light duty
assignment that was medically required. Officer Vetsch gave birth to a daughter in
October. Officer Vetsch will be assigned to investigations for the next two years.
In July, Officer Chris Rhoades was deployed to Bosnia as part of his position with
the National Guard. It is currently unknown when Officer Rhoades will return to his
police officer position.
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Hirin2:
The department hired Christopher Kopel in October to replace an officer that left
in July of2002. Chris has been a seasonal community service officer with the department
for the past two years. Chris had been a member of the department's Explorer Post since
he was 16 years old. Chris completed his field training in December and is now assigned
a regular patrol shift.
Officer Chris Kopel
Bicvcle Patrol Unit
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With the numerous events that occur in downtown Stillwater, small narrow
streets, pedestrian and traffic congestion, the police department utilized bicycles to
improve its visibility as well as pro-active patrol measures. Officers patrolling on the
bicycles enforce all state and city codes making numerous contacts throughout their shift.
Currently the department has four bicycles set up for police patrol as well as ten certified
bicycle patrol officers who take their tour of duty on the bicycles when events or
activities allow it.
The Bicycle Patrol Unit has shown to be an asset for the department as well as the
community we serve. The higher visibility and rapid response we achieve while using the
bicycles allow the department to be proactive as opposed to reactive to the needs of the
community. Unfortunately, personnel shortages throughout the summer prohibited
bicycles from being used with the exception of the 4th of July and Lumberjack Days.
Bicycle patrol can only be used when we exceed our minimum staffing.
Officer Scott Geving is the department's instructor in the use of the bicycle for
patrol officers. Officer Geving is also in charge of maintaining the bicycles and the
purchasing of any new equipment that may be required.
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D.A.R.E. Pr02ram
The department has been providing the D.A.R.E., (Drug Abuse Resistance
Education), program to Stillwater elementary schools for the past twelve years. The
program is taught to all fifth grade students. The department believes the program is a
success and is committed to continue to provide the program to Stillwater schools.
The department believes that the D.A.R.E. Program has been successful in this
community, largely due to its unique team approach. It brings students, teachers and law
enforcement together in a safe and positive environment and enlists parents and other
community members to reinforce the program's key messages about the benefits ofliving
a healthy lifestyle. Children involved in the program become familiar with the officers
and get to know them as normal people not just as police officers. This has helped the
department numerous times throughout the years as these children are not afraid to
approach an officer because of their experiences in the D.A.R.E. program.
The department specially selects D.A.R.E. Officers. Only officers that have a
genuine interest in the program will be selected to be D.A.R.E. Officers. Once selected,
each officer attends a two-week course sponsored by the Minnesota Bureau of Criminal
Apprehension Training Unit.
D.A.R.E changed its curriculum in 2003. The program was shortened to nine
weeks from the previous seventeen-week curriculum. Each semester there are from seven
to nine classes requiring the D.A.R.E. Program throughout Stillwater.
The budget shortage in 2003 forced the department to alter the manner in which it
provides D.A.R.E. to the schools. D.A.R.E. officers are now required to work their
assigned patrol shift as well as teach the classes. This does not allow the officers to spend
as much time in the schools as they would prefer. The dedication by the officers to the
students to provide them with a quality experience has continued despite the
modi fication.
Officer Carla Cincotta has been with the department since 1995 and has been a
D.A.R.E. instructor for the past seven years. Carla recently returned to patrol duties from
her assignment to the Washington County Narcotics Task Force. She has also had
experience as a Juvenile Officer and investigator. Carla has also been involved with our
Explorer Post.
Officer Steve Hansen has been a police officer for the past seven years, the last
four and a half years with the Stillwater Police Department. He completed his D.A.R.E.
officer training in 2000 and began teaching in February of2001. Steve is also an Explorer
Scout Advisor for our Explorer Post and a DNR Firearm Safety instructor.
Officer Sandra Vetsch received training as a D.A.R.E. Officer in October of2002.
She began teaching in the fall of2003. Officer Vetsch has been a police officer for eight
and one half years, the last three and one half with the Stillwater Police Department.
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The three officers now share the teaching assignments throughout the school year.
All of our D.A.R.E. Officers enjoy teaching the curriculum and working in the schools.
Their dedication to the department and the program has made it a success for the
children, the community, the department and the schools.
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Pursuit and Emergencv Vehicle Drivers Training
All officers with the department attend training in emergency vehicle operation at
least once every three years. This training includes emergency driving maneuvers and
training in police vehicle pursuits. Every newly hired officer undergoes emergency driver
training within one month after starting his or her employment with the department.
All Stillwater officers are trained in the P.I.T. (Pursuit Intervention Tactics)
maneuver. The P.I.T. course gives officers hands on experience at removing a suspect's
vehicle from the road and terminating a pursuit before any injury or damage occurs.
Studies have shown that the longer a pursuit ensues the more likely it is that injury or
property damage will occur. Officers are also trained in recognizing when a pursuit
should be discontinued and are encouraged to continually analyze pursuit conditions.
All department vehicles are equipped with "Stop-Sticks". "Stop-Sticks" is a brand
name for portable road spikes that are designed to be placed in front of an oncoming
suspect vehicle. When the suspect vehicle passes over the spikes the vehicles tires slowly
lose air until the tires are flat.
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Minnesota Hi!!hwav Safety Center
The department obtains the training through the Minnesota Highway Safety
Center in St. Cloud. The Highway Safety Center furnishes the training vehicles.
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Ser!!eant Sievert Performin!! the PIT Maneuver durin!! a Trainin!! Session in October
In 2003, Stillwater officers were directly involved in five pursuits. All five
pursuits were terminated without injury to the officer, suspect or any innocent bystander.
Of the five pursuits in 2003, the P.I.T. maneuver was successfully used on three
occasions. Stop Sticks were effectively used on one occasion.
Minnesota Statute 604.16 states that all damage resulting from a pursuit is the
responsibility of the suspect and his or her insurance company. The suspect or his or her
insurance company has paid for all the damages that resulted from police vehicle pursuits
in 2003.
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Use of Force Trainin2.
The department puts an extensive amount of effort into the use of force training. It
is one of the most important training issues to law enforcement today. The department's
emphasis on training in the area of firearms and use of force reduces the chances that a
use of force will be needed. The objective behind the training is that if trained properly
from the beginning, officers will be more prepared to foresee an incident that may require
a use of force thereby defusing the incident before it starts.
All officers are trained in the firearms and use of force at least four times a year.
The training focuses several areas: firearms, expandable baton, chemical training,
mechanical compliance techniques (punching, kicking, etc.), handcuffing and most
importantly verbal skills. Throughout any aspect of use of force, training officers are
taught to use their verbal skills to de-escalate a situation.
Using the premise that officers will act in real life as they have been trained, the
training officers attempt to make the training as life-like as possible. The training often
involves scenario-based training or timed events to place added pressure on the officer.
Practicing under pressure creates an atmosphere similar to the one officers will face on
the street.
Simunition Traininl! in October
The Department also incorporates a product called "Simunition" into the training
curriculum. Simunition kits change the officer's duty weapon into a non-lethal paint
pellet gun. Training officers use Simunition to create life-like training scenarios such as
traffic stops or building search training. Simunition training was held at the old city
garage in October practicing building searches subsequent to alarms, open doors and
suspicious situations.
Use of Force Instructors
Sergeant Chris Felsch
Sergeant Art Sievert
Sergeant Nate Meredith
Officer Steve Hansen
Firearms and Defensive Tactics
Firearms
Firearms and Defensive Tactics
Firearms and Defensive Tactics
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Use of force training officers have all been specifically trained as instructors. The
training officers have been trained in either firearms or defensive tactics or both.
The department purchased five Advanced M-26 Taser weapons at the end of
2002. Taser is a brand name for a handheld battery operated, laser sighted, less-lethal
weapon that when used appropriately will temporarily disable a combative subject by
providing an electrical shock to that subject. The desired effect will allow officers to take
a subject into custody without the use of a higher force option thereby reducing potential
injury to the subject and the officers. All officers were trained in the use of the Taser in
the spring and it has been used successfully on several occasions throughout the year.
The department continues to conduct firearm training at the North Hudson Gun
Club. The gun club charges a nominal fee per officer for the use of their facility.
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Field Training Program
The department uses an extensive field-training program for the newly hired
police officers. The field-training program is a period of formal on the job training,
coaching and performance assessments for police officers that have been newly hired by
the department. The program consists of a minimum of ten weeks where the newly hired
officer is partnered with a Field Training Officer or (FTO). Each FTO has attended a
forty-hour training course, which prepares them in numerous areas for assisting new
officers.
The field-training program is broken down into five separate phases of training.
The first phase of training is more or less a familiarization with the department, the city
and the policies and procedures used within the department. As the officer progresses
into each phase the workload for the officer increases, as they become more familiar with
the police procedures. At the end of each day or shift, the field-training officer completes
a Daily Observation Report (D.O,R.) of the officer's activities throughout the day, This
is a documented report of how the new officer is progressing. As the officer completes
the first phase of training, he or she is partnered with another field training officer for
Phase II of training and yet another FTO for Phase III of training. Phase IV of the field
training process places the officer back with his or her original FTO. During this phase of
training, the field-training officer is in plain clothes and operates much like an observer,
allowing the public to focus on the uniformed officer rather than FTO. After completing
Phase IV the officer is certified for solo-patrol duties, this brings them into Phase V of
their training. The fifth phase of training continues until the officer is off his or her one-
year probationary period.
The field-training program is viewed as a portion of the hiring process.
Probationary officers must work hard and prove themselves throughout the program in
order to maintain their employment with the department. The department is committed to
providing the best possible service to the community and we insist on the best possible
police officers. The field-training program ensures that the community is getting the best
quality police officers.
In October of2003, the department hired Chris Kopel as a police officer. Officer
Kopel completed Step IV of his field-training program in December of 2003 and is
currently assigned to solo patrol duties in Step V of the program.
Field Training Unit:
Sergeant Chris Felsch
Officer Carla Cincotta
Officer Leslie Wardell
Officer Scott Geving
Officer Nate Meredith
Officer Steve Hansen
Officer Chris Kopel
In-Service Trainin2
The department is constantly looking for training opportunities to improve the
quality of service to the City of Stillwater. During the year, the department invested in a
vast amount of training for each officer. The average amount oftraining for each officer
during the year was 49.85 hours. The minimum training hours required by the Minnesota
Board of Peace Officer Standards and Training is 48 hours for a three-year licensing
term, or 16 hours every year. Each year the State of Minnesota reimburses the department
for a portion of the total training costs. The total training costs include the training itself,
training coverage while the officer is at training and mileage to and from the training.
All officers are required to be trained and certified in first aid at the level of First
Responder. Officers attend a refresher every other year. Officers are also mandated to
train in firearms and use of force several times each year. The State of Minnesota also
requires that officers be trained in emergency driving training once every licensing period
or once every three years.
Sergeants and above all receive management level training through the Bureau of
Criminal Apprehension and a two-week course taught by the Northwestern Traffic
Institute, Supervision of Police Personnel. These courses teach the Sergeants the skills
they need to manage their assigned personnel and shifts.
Officers assigned to Investigations were sent to numerous courses throughout the
year to enhance their skills for their job assignment. Crime scene investigation,
fingerprinting, interview and interrogation, are just a few of the many courses taken by
investigative officers. All these courses will enhance the individual officer's skills when
they return to patrol duties.
The department has been a member of the Century College Law Enforcement
Training Program for several years. Each semester Century College offers classes directly
pertaining to current issues in law enforcement. Officers have attended most of the
classes offered by Century College. The department currently has three seats in each class
reserved for any member of the department.
All courses attended are pre-approved by the department. The objective of the
department is to have the best-trained personnel to provide the best possible service to the
community.
In 2003, the department also began a college tuition reimbursement program.
Officers are reimbursed for a portion of their tuition; the department's contribution is
determined by the officer's final grade. Currently there is only one officer enrolled in the
program but several officers intend to take part.
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The Great River Ener2.V Bicvcle Festival
On June 15,2003, the Great River Energy Bicycle Festival held its annual bicycle
race in Stillwater. The race was held on a route that toured a portion of downtown as well
as a segment of the south hill. The occasion drew thousands of people in to town to watch
the event. Many streets had been cut off or closed for the afternoon, which caused
considerable traffic problems throughout the city. While the event's promoters had
volunteers to assist at specific locations within the race route, officers had to deal with the
additional crowds and outlying traffic problems.
2003 Lumberiack Davs
In order to provide as safe an atmosphere as possible for the event the department once
again hired additional officers from other departments. Stillwater and other departments
combined for as many as forty-two officers on duty for Saturday night's festivities. The officers
were assigned to three person teams and given specific areas in the downtown area to patrol on
foot.
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During the event Stillwater police employees logged a total of over 883 hours of work;
378.75 hours of which was overtime. Officers from outside the department logged a total of 426
hours. During the four-day festival, the department had 276 incidents. Included in the 276
incidents were six OWl arrests, 21 arrests for drugs, drinking and detox placements, 9 disorderly
conduct arrests, 48 disturbances, 5 domestic disturbances and one robbery. The total number of
incidents was an overall decrease of approximately 3% from the 2002 Lumberjack Days event.
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Firearms Safety Courses
Officer Steve Hansen teaches the Firearms Safety Course designed by the
Minnesota Department of Natural Resources Enforcement Division. Officer Hansen
teaches the course at least once a year to approximately thirty students each session. The
course is a comprehensive look at hunter and gun safety. The course involves four
classroom sessions and a field trip to an outdoor shooting range. Topics of training
include: knowledge of safe handling of various types of common firearms, hunter
responsibility and ethics, wildlife identification, survival and first aid and Minnesota state
laws and city ordinances related to hunting. Participants must pass the MN-DNR written
exam and field practical test to receive a firearm safety permit. Chief Dauffenbach,
Officer Paul Kezar, Officer Chris Kopel and Larry Buberl assisted Officer Hansen on the
range exerCIses.
2003 Firearm Safetv Class
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Stillwater Police Explorer Post
The Stillwater Police Exploring Law Enforcement Post helps youth that have an
interest in law enforcement gain insight into the activities and job requirements of a
police officer. Stillwater Explorers' work closely with full-time officers and assist the
police department with community events.
Throughout the year, the Explorer Post holds meetings and training sessions
where the members are trained on various aspects of a law enforcement career. Once a
year the Post sends a group of its members to Breezy Point Resort for the annual
statewide gathering of Explorer Posts. At this meeting, teams compete against each other
in the areas that they have been trained.
Our Explorers have provided an important service to the department by assisting
with the Police Department Information Booth during Lumberjack Days. The Explorers
also assisted with the pedestrian crossing on Chestnut Street at Lowell Park during
several events in 2003.
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The Department's Post is organized and supervised by volunteer full-time
officers: Officer Chris Crayne and Officer Chris Kopel.
Fleet Maintenance
The department currently has a fleet of thirteen vehicles. Of the thirteen police
vehicles three are assigned to investigations, one each to the chief, captain, and one truck
to each of the community service officers. The remaining six vehicles are marked patrol
vehicles. In 2003, the department replaced two marked patrol vehicles with two new Ford
Crown Victoria Police Interceptors. The department keeps each marked squad car for
three years. In 2003, the department's vehicles traveled 202,690 miles and used 20,532
gallons of gasoline.
All new patrol vehicles are purchased with a service contract from Ford covering
the power train for a period of three years or 75,000 miles. The department has also
purchased service contracts for each patrol vehicle through Stillwater Ford. The service
contracts are set up at $2500.00 for each vehicle. Stillwater Ford has been very
accommodating when servicing our vehicles.
Stillwater Collision and Restoration (formerly Gannon's Auto Body) has
performed auto body repair in 2003. Stillwater Collision has provided quick and quality
service to the department. All tire service for the department has been obtained through
Pod's Tire in White Bear Lake. We are able to get reduced prices on summer and winter
tires through Pod's offthe state bid. Pod's has been very accommodating and has
provided the department with quality service and valuable advice.
Sergeant Roettger supervised the fleet maintenance and repair of all police
vehicles. Community service officers have assisted with ensuring that all vehicles receive
the repairs necessary and routine maintenance.
In 2003, the department decided that it was time for a change in the appearance of
our patrol vehicles. The new squad cars are black and white and the graphics on the
vehicles depict the lift bridge.
2003 Sauad Desil!D
2002 Sauad Desil!D
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Statistics
The following pages depict statistics for 2003 as well as the preceding years. The
statistics present a picture that show crime and requests for police services are increasing
in Stillwater.
The department has been tracking officer-initiated activity since January] of
] 998. Officer initiated activity includes all traffic enforcement as well as any activity an
officer initiates that is not requested by the department or member of the community,
The officer-initiated activity spreadsheet also displays the number of motor vehicle
personal injury and property damage accidents that were reported in a given year.
In 2003, officer initiated activity increased from 2002 by 314 incidents, however;
the year's activity remains 31 % below 1999 and 12% below the six-year average. Motor
vehicle accidents decreased by 7% from 2002 but remained above the six-year average
by 2 percent.
In 2003, the total calls reported to the department reached an all-time high. The
department received 10,667 reports. This is 12 percent above the average of the previous
five years. The following charts clearly depict officer-initiated activity declining as calls
for service increase.
The Part I and Part II crime statistics decreased 7 percent from 2002 but remain 3
percent over the seven-year average. The clearance rates for 2003 offenses will not be
available until April of 2004.
The 2003 quarterly statistics depict at what times of the year the police
department receives every type of call. The graphs show that the department received
most of its calls between April and September of 2003.
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Officer Activity Yearly Comparison
1998 1999 2000 2001 2002 2003
DWI 256 250 152 161 167 184
Speed 1816 1628 534 937 572 734
DL Violations 201 162 173 150 211 185
Moving Offenses 400 629 291 449 407 459
Non-Moving 400 313 161 239 95 124
Parking 113 181 201 572 298 337
Non-Traffic 292 399 280 345 391 432
Accidents 447 474 542 590 573 534
Yearly Comparison 1999-2003
Total Cases Officer Initiated Total Calls Reported l Accidents
2003 13132 2455 10667 534
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2002 12504 2141 10363 573
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2001 12682 2853 9829 590
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1999 12064 3562 8502 474
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Total Cases
Officer Initiated
Type of Incidents
Total Calis Reported
2000
1800
1600
1400
1200 o 1998
~ 1999
1000 02000
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800 D 2003
600
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Speed
DL Violations
Moving
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Non-Moving
Parking
Non- Traffic
Accidents
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2003 13132 2455 10667 534
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2002 12504 2141 10363 I 573
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2001 12682 2853 9829 590
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2000 11020 1792 9228 542
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1999 12064 3562 8502 474
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Average 12381.83 2713.50 9666.67 526.67
5 T ATISTICS
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year End Total 2003
Jan-Mareh April-June July-Sept Oct-Dee Jan-Dee
PART I & II OFFENSES
Homicide 0 0 0 0 0
CSC 2 2 5 3 12
Robbery 1 0 2 0 3
Assault 16 27 36 18 97
Burglary/Poss Burg Tools 10 21 25 13 69
TheftlFra ud/Swi nd Ie 82 156 114 102 454
Welfare Fraud 54 74 73 75 276
Vehicle Theft 5 3 11 11 30
Arson 1 2 6 1 10
Terroristic Threats 4 3 4 7 18
Forgery 5 9 4 6 24
Drugs: Poss/Sale/Para 14 14 26 21 75
Flee/Escap 1 2 2 1 6
Gambling 0 0 0 0 0
Crime Against Family 4 3 1 1 9
OWl 51 47 49 37 184
Liquor-All Other 5 16 23 9 53
Kidnapping-Parental Rights 2 0 0 0 2
Juvenile Alcohol Offender 4 3 14 4 25
Juvenile Curfew 0 2 4 0 6
Juvenile Runaway 10 21 12 7 50
Juvenile Truant 2 0 1 1 4
Juvenile Tobacco 3 4 5 5 17
Juvenile Controlled Substanc 0 2 1 5 8
Disturb PeacelDOC 15 32 44 24 115
Prostitution/Sex Related 0 0 0 0 0
Harassing Communications 13 33 25 20 91
Trespass/DTP 32 80 102 52 266
Weapons 2 9 17 2 30
Crimes Against Justice 9 9 14 10 42
All other MOC 5 8 10 8 31
TOTALS: 352 582 630 443 2007
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Year End Total Year End Total Year End Total Year End Total Year End Total Year End Total Year End Total
2003 2002 2001 2000 1999 1998 1997
PART I & PART II OFFENSES
Homicide 0 0 2 0 0 0 0
CSC 12 15 14 15 9 5 14
Robberv 3 4 7 0 2 5 5
Assault 97 97 125 111 108 104 142
Burglarv/Poss Burg Tools 69 72 69 84 74 76 84
Theft/Fraud/Swindle 454 515 419 420 423 414 503
Welfare Fraud ** 276 259 0 0 0 0 0
Vehicle Theft 30 35 31 30 37 43 48
Arson 10 4 2 3 8 3 11
Terroristic Threats 18 27 25 29 56 40 42
Forgerv 24 31 24 41 32 10 28
Drugs: Poss/Sale/Para 75 104 84 106 140 248 118
Flee/Escap 6 7 4 8 19 9 46
Gambling 0 1 0 1 0 0 1
Crime Against Family 9 19 28 20 20 22 34
OWl 184 167 161 152 256 256 157
Liquor-All Other 53 67 40 69 103 128 55
Kidnapping-Parental Rights 2 0 2 1 4 1 1
Juvenile Alcohol Offender 25 34 16 20 25 35 24
Juvenile Curfew 6 3 1 5 5 15 9
Juvenile Runaway 50 52 53 54 47 41 92
Juvenile Truant 4 3 4 7 15 19 12
Juvenile Tobacco 17 24 32 14 33 63 28
Juvenile Controlled Substance 8 5 13 10 11 13 5
Disturb Peace/DOC 115 90 81 66 116 131 109
Prostitution/Sex Related 0 1
Harassing Communications 91 115 98 98 135 141 134
TrespasslDTP 266 298 261 249 188 192 227
Weapons 30 24 33 29 22 18 22
Crimes Against Justice 42 45 24 35 69 63 53
All other MOC 31 31 33 23 37 27 32
TOTALS: 2007 2149 1686 1700 1994 2122 2036
**Prior to 2002, Welfare Fraud cases were tracked by the Washington County Sheriffs Office
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year End Total 2003
Jan-Mareh April-June July-Sept Oct-Dee Jan-Dee
PART III, IV & V OFFENSES
Animals 89 152 179 82 502
Lost & Found 41 98 111 47 297
Fatal Accident 0 0 0 0 0
Property Damage Accident 111 134 149 140 534
Personal Injury Accident 5 4 13 9 31
Assist SW Fire Dept 66 76 81 59 282
Assist Other Agency 58 80 62 79 279
Medical 202 206 197 186 791
Domestic 55 73 56 66 250
Alarms 214 215 246 188 863
Lockouts 138 187 175 171 671
Suspicious PersonsNehicles 132 180 211 128 651
Juvenile 17 55 29 20 121
Public Assist 118 111 135 102 466
NoiselDisturbance/Misch ief 78 181 176 130 565
WarrantlDetox 57 58 57 43 215
Welfare/Bu ilding/Hazard 55 90 112 63 320
911 Non-Emergency 129 113 147 136 525
Misc Public/Civil 69 115 113 97 394
Escorts/Bank Run 49 39 28 57 173
All Other 9000 232 336 328 136 1032
TOTALS: 1915 2503 2605 1939 8962
TRAFFIC SERVICE
Speed 226 198 165 158 747
Other Moving 240 230 244 256 970
Parking 170 174 341 187 872
All Other Traffic 54 45 55 60 214
TOTAL TRAFFIC: 690 647 805 661 2803
Grand Totals: 2957 3732 4040 3043 13772
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2003 2002 2001 2000 1999 1998 1997
PART III, IV & V OFFENSES
Animals 502 483 535 498 503 587 710
Lost & Found 297 256 302 211 211 205 210
Fatal Accident 0 0 0 1 0 0 0
Property Damage Accident 534 548 572 523 453 432 439
Personal Injury Accident 31 44 31 32 38 35 33
Assist SW Fire Dept 282 285 309 253 201 214 259
Assist Other Agency 279 288 264 385 410 298 423
Medical 791 754 812 718 691 493 485
Domestic 250 191 174 151 119 103 124
Alarms 863 921 965 943 835 907 774
Lockouts 671 692 636 732 668 752 789
Suspicious PersonsNehicles 651 589 527 425 455 504 521
Juvenile 121 75 145 199 161 157 254
Public Assist 466 441 369 342 360 297 326
Nosie/Disturbance/M ischief 565 603 589 538 352 409 441
WarrantlDetox 215 202 195 198 261 270 254
Welfare/Bui Id ing/Hazard 320 343 329 284 238 249 225
911 Non-Emergency 525 365 263 159 161 120 128
Misc Public/Civil 394 351 340 238 181 185 175
Escorts/Bank Run 173 198 201 200 198 208 225
All Other 9000 1032 1017 1028 934 852 791 837
TOTALS: 8962 8646 8586 7964 7348 7216 7632
Traffic/Service
Speed 747 592 940 536 1658 2261 1197
Other Moving 970 864 919 775 1183 1459 847
Parking 872 808 1183 807 660 594 674
All Other Traffic 214 244 213 138 250 194 85
TOTAL TRAFFIC: 2803 2508 3255 2256 3751 4508 2803
Grand Totals: 13772 13303 13527 11920 13093 13846 12471
Yearly Offense Statistics
10000
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2003 2002 2001
1998
1997
2000
1999
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April-June
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2003 Police Department Bud2.et
The total department budget for the year was $2,003,816.00. The annual budget is
divided into five general categories: Personnel Services (salaries, insurance, etc.),
Supplies, Other Services and Charges, Miscellaneous Charges and Capital Outlay. The
city's financial situation forced the department to cut in several areas. This is reflected in
the funds remaining from several of the budget categories.
Personnel Services is by far the largest category in the budget, 86%. This
encompasses all salaries and benefits paid to all department employees. It includes
retirement, medical, dental, holiday pay and uniform allowances. The budget for this
category was $1,723,918.00. The department used 94.29% of this budgeted item leaving
$98,455.56.
The Supplies category is only 2.78% of the annual budget, $55,800.00. It includes
automotive fuel, automobile maintenance supplies, tires, paper and other minor
equipment. The largest portion of this category is automotive fuel. The department used
73.99% of this category, $14,511.87 was unused.
The Other Services and Charges category is 6.39% of the budget, $128,098.00.
This includes training; vehicle repair, maintenance agreements, telephone and terminal
access charges among others. Eighty-one percent of this category was utilized, leaving
$23,411.63.
The Miscellaneous Charges section amounts to .82% or $16,500.00. This includes
doctor's fees, membership and license fees, and other miscellaneous expenditures. Sixty-
three percent was spent leaving $6,040.61 unused.
Capital Outlay was 3.96% of the 2003 budget or $79,500.00. In 2003, the
department purchased two 2004 Ford Crown Victoria squad cars to replace two old squad
cars.
2003 Police Department Budget I
Category Budgeted Actual Used
Personnel Services $ 1,723,918.00 $ 1,625,462.44
Supplies $ 55,800.00 $ 41,288.13
Other Services and Charges $ 128,098.00 $ 104,656.00
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Miscellaneous Charges $ 16,500.00 $ 10,459.39
Capital Outlay $ 79,500.00 $ 74,169.25
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2003 Police Department Budget
Other Services
and Charges
6.390Jlo
Miscellaneous
Charges
.820Jlo
Capital Outlay
/ 3.960/0
Supplies
2.780/0
Personnel
Services
86.050Jlo
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A Resolution by the Cities of Bayport, Oak Park Heights, Stillwater and Bay town
Township to Support the Construction of a New ISO-Bed Segregation Unit at the
Stillwater Correctional Facility Located in Bayport, Minnesota.
WHEREAS; the City of Bayport, the City of Oak Park Heights and the City of
Stillwater, and Baytown Township, have positive and long-standing relationships with
the Minnesota Department of Corrections Facilities located in Bayport and Oak Park
Heights; and,
WHEREAS; the Department of Corrections, through its local Citizen Advisory
Committees, have provided the local communities information of the events, issues and
procedures at the Stillwater Correctional Facility; and,
WHEREAS; the Minnesota Department of Corrections has proposed the construction of
a I 50-bed, state-of-the-art Segregation Unit at the Stillwater Correctional Facility: and
WHEREAS; the Segregation Unit is designed to humanely separate inmates with special
mental health needs and difficult-to-handle personalities from the general prison
population, and
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WHEREAS; the construction of the proposed Segregation Unit will have a positive
impact on improving correctional officer safety at the Stillwater Correctional Facility.
NOW, THEREFORE, BE RESOLVED: the Cities of Bayport, Oak Park Heights,
Stillwater and Baytown Township do support the proposed construction of the
Segregation Unit at the Stillwater Correctional Facility located in Bayport, Minnesota.
Baytown Township
Resolution # I Date
City of Bayport
Resolution # I Date
City of Oak Park Heights
Resolution # / Date
City of Stillwater
Resolution # I Date
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This is a follow up from our Citizen Advisory Committee meeting at the Oak Park
Heights facility on Thursday. Among the items we discuss was a brief update on the
proposed bonding request for a new ISO bed Segregation Unit at the Stillwater facility.
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As I outlined, the current segregation unit which houses 109 inmates is located in a
converted cell hall not designed for a segregation unit. Inmates assigned to segregation
status in this unit are individuals who have violated facility rules and have demonstrated
inappropriate behavior including aggressive and violent actions. Because of the poor
physical design of the unit, staff safety, health and security issues are of major concern.
Following are highlights of our proposal:
· Anticipated total project cost $19.1 million
· Will add ISO beds to the facility, bringing facility capacity to 1439
· Current Segregation unit will be converted into a general population unit
· No additional security staff will be required
· Will enhance staff safety and working conditions, potentially lessening workers
compensation claims
· Will be an enclosed segregation unit and totally removed from the general
population
· Additional security functions will be added to include cell monitoring and
electronic controls from a central security bubble
Thank you for your attention and questions at the meeting regarding this proposal. I
wanted to ensure the community was aware of this project proposal. I am available to
respond to questions if they should arise.
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-02
January 20, 2004
SPECIAL MEETING
4:30 P.M.
Mayor Kimble called the special meeting to order at 4:30 p.m.
Present:
Absent:
Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Others Present:
City Administrator Hansen
Director of Administration Knauss
Police Chief Dauffenbach
Public Works Director Eckles
Fire Chief Kallestad
Community Development Director Russell
City Clerk Ward
OTHER BUSINESS
Discussion on Downtown Plan
Community Development Director Russell provided Council information relating to the
concept of Plan D that would be presented at a public hearing at 7:00 p.m. and an
update of meetings with design professions, downtown business interests and city
committees and commissions interested in the downtown.
Council member Milbrandt asked if he was correct in that the floodwalllocation is being
considered at this time and that the design is not even close to being designed.
Mr. Jeff Johnson, SEH, stated that was correct, and the reason the f100dwall is being
discussed is because the wall is in the study area.
Councilmember Junker asked for clarification on the parking deck at the Lumber
Baron's lot. He stated that he would like to make it clear that this option is not the
preferred location.
Mr. Russell explained that it is not the preferred location, but it is only an alternative. He
stated that the City would have air rights to build a ramp. He reviewed the costs of each
phase of the project.
Mr. Johnson reviewed the different phases of the project.
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City Council Meeting - 04-02
January 20, 2004
Mayor Kimble provided the history of the floodwall and the stages of construction. He
stated that the no build option of a floodwall is not an option because the City has .
committed to the federal government this floodwall and if the City were to say no
floodwall, the City may have to pay back all federal dollars for the project. He also
stated that the floodwall would have to stay.
Councilmember Junker stated that the flood protection insurance costs are very high in
the downtown and felt that Council should continue including the floodwall.
Councilmember Milbrandt stated that if it is approved it maybe advisable to move to a
downtown oversight/management board or something similar to begin looking at
different funding sources for the project.
Mayor Kimble requested that Council consider conducting the public hearing but allow
written comments until the February 3, 2004 date to allow interested persons and the
Chamber who can not attend the public hearing to provide written comments.
Council member Rheinberger felt that the chamber should have had a chance to
comment.
Councilmember Milbrandt stated that the chamber has some parking issues but from
the feedback he has heard they are in favor of the project.
Councilmember Kriesel stated that if it doesn't slow up the process, it goes to good .
communication, there would be know harm to make a decision in two weeks.
Leqislative Update - Ed Cain
Mr. Edward Cain, Legislative Associates provided information relating to state and
federal governmental issues for consideration in 2004. Mr. Cain requested that
payment for services be increased.
Councilmember Milbrandt suggested that discussion on priorities for Mr. Cain and his
request be done at the 4:30 meeting on February 3,2004.
Possible hirinq of new Police Officer
Chief Dauffenbach reviewed his request to hire a police officer. He stated that he would
be able to hire a police officer and not raise his operating costs.
Motion by Councilmember Rheinberger, seconded by Council member Milbrandt authorizing
the hiring of a police officer. All in favor.
Mayor Kimble recessed the meeting at 5:55 p.m.
.
Page 2 of 10
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City Council Meeting - 04-02
January 20, 2004
REGULAR MEETING
7:00 P.M.
Mayor Kimble called the meeting to order at 7:00 p.m.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Others Present:
City Administrator Hansen
Police Chief Dauffenbach
Public Works Director Eckles
Fire Chief Kallestad
Community Development Director Russell
City Clerk Ward
APPROVAL OF MINUTES
Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the
January 6, 2004 regular and recessed meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Meritorious Service Accommodation - Steve Hansen
Mayor Kimble and Police Chief Dauffenbach presented a meritorious service accommodation
to Officer Hansen.
Officer of the Year - Jeff Stender
Mayor Kimble and Police Chief Dauffenbach presented a plaque to Investigator Jeff
Sender for his performance on the department as officer of the year.
Police Chief Dauffenbach commended the entire Police Department on the performance
of their responsibilities to the citizens of Stillwater.
Todd Weiss
Mr. Todd Weiss, Minnesota Zephyr, stated that he was unaware that he had to file an
appeal on the Planning Commission's decision on signage. He stated that he assumed
it would just be added to the Council's agenda and requested that Council allow the
appeal to be heard before Council.
Motion by Council member Rheinberger, seconded by Council member Milbrandt that the
Council, subject to Mr. Weiss paying the appeal fee, would hear the appeal. Mr. Weiss was
advised that any future appeals are to be handled through the normal process. All in favor.
Page 3 of 10
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City Council Meeting - 04-02
January 20, 2004 ."
OPEN FORUM
There were no public comments.
.
STAFF REPORTS
Fire Chief Kallestad provided Council with an update on the restroom remodel in the fire
station. He stated that information would be provided at the next meeting.
Fire Chief Kallestad informed the Council that he has submitted his resignation to the
City Administrator to accept a position as Fire Chief in Sitka, Alaska. He stated that his
last day would be February 13, 2004.
Mayor Kimble directed the City Administrator to prepare a token of appreciation for
Chief Kallestad to be presented at the next meeting.
CONSENT AGENDA
Motion by Councilmember Rheinberger, seconded by Council member Kriesel to adopt the
Consent Agenda. All in favor.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Resolution 2004-16, directing payment of bills .
Resolution 2004-17, approving agreement with HLB Tautges Redpath, Ltd for arbitrage
calcu I ation s/reporti ng
Possible approval to purchase of 6 pagers and 3 portable radios for fire dept. (2004 C/O)
Application for lawful gambling exempt permit for raffle on March 30, 2004 at Oak Glen
Country Club - Special Intermediate School District 916 Foundation
Resolution 2004-18, approval of Revised Agreement on Brown's Creek Watershed
Resolution 2004-19, approval of Municipal License for Xcel Energy
Approval to purchase a computer - MIS
Approval to purchase portable projector to use with laptop computers
Resolution 2004-20, a resolution approving a special law and authorizing the City Clerk to
issue a certificate of approval
Resolution 2004-21, renewal of towing license for 2004
Resolution 2004-22, approval of St. Croix Caterers Management Agreement for
Recreation Center and Lily Lake Area - 2004
PUBLIC HEARINGS
This is the day and time for the public hearinq on a Downtown Plan Amendment for the area
bounded by Main Street, Myrtle Street, Mulberry Street and the St. Croix River. Concept Plan
"0" is beinq presented for plan amendment. Case No. CPA/03-01. Notice was published in the
Stillwater Gazette on January 12. 2004.
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Page 4 of 10
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City Council Meeting - 04-02
January 20, 2004
Community Development Director Russell presented the "Plan 0" of the downtown plan
which expands Lowell Park by % of an acre, organizes and consolidates parking
reducing its visual impact from downtown and the river, provides the opportunity for a
visitor center/restroom/hospitality center for downtown visitors, locates a linear
landscaped trail connecting the area to the north and south through the study area,
provides a location for flood barrier along Myrtle and Water Street, provides for a strong
pedestrian connection between Main Street and the river, accommodates community
festivals, farmers market and special arts and crafts, festivals and events, provides a
defined area for the expansion of Lowell Park. He stated that design professionals,
downtown business interests and city committees and commission interested in the
downtown have reviewed the plan.
Councilmember Milbrandt asked that even though there is a loss of parking is there a
320 parking ramp proposed one block off of Main Street.
Mr. Russell stated that was correct, one of the proposed parking structures would be
located at Mulberry and Second Street.
Mayor Kimble opened the public hearing.
Ms. Gail Punseth, Chamber of Commerce, stated that she has concerns about how the
floodwall is being presented, and the visitor center and restrooms are not on the plan
and does not want to lose sight of them. She stated that another concern is the Myrtle
Street and Water Street ramp, which does not provide for a more enhanced downtown
and it was agreed that this parking ramp would not be on the plan. She also stated that
this parking ramp is not included in any of the phases.
Mr. Russell stated that parking ramp discussion came from the Downtown Parking
Commission and they directed staff to investigate parking alternatives in the study area.
He stated that this parking is the third alternative location.
Council member Junker explained that if the parking locations were on a scale of A-Z
this location would be Z and he was not in favor of that alternative.
Councilmember Milbrandt stated that in Phase 3 parking would have to be completed
before Phase 4 began to replace the lost parking.
Ms. Punseth stated that she is excited that the downtown will become a more beautiful
place than it already is.
Mr. Duane Seaquist expressed concern regarding the additional parking spaces being
on the east side of south Main Street. He stated that is a long distance to run across
from the quarry steps and it is not safe to cross. He felt that the people coming from
southeast Stillwater down the quarry path and steps need a place they can safety cross
Highway 95. He stated that a concrete path could be installed on the west side to join
the sidewalk on the west side. He stated that the only benefited people who will park on
Page 5 of 10
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City Council Meeting - 04-02
January 20,2004 '
the east side of Highway 95 will be people coming from Oak Park Heights and Bayport
and they will park there all day and prohibit the parking for commerce downtown. He a
stated that priorities should include a concrete path along the bluff line for the safety ofW
the people of Stillwater and not for the benefit of adjacent communities.
Council member Milbrandt stated that this issue has come before the Park Board and it
wasn't just a matter of placing a path along the bluff line, but safety from rock and mud
slides, so it was determined a path would not be safe along the bluff line.
Council member Junker stated that Councjlmember Milbrandt was correct, however he
would like to see how many people use the quarry path to justify the placement of a
path along the bluff line. He also stated that even though this issue is not related to the
Downtown Plan, he would like to look at it further.
Mr. Mead Stone, 410 Maple Street W, general manager of the River Market at 221
South Main Street. He stated that he had concern with Plan D because it pushes the
parking lot to the north and creates a longer distance to walk for customers and asked if
the flood wall goes along Water Street that to keep in mind the customers trying to push
a grocery cart across that. He also stated that even during a flood they were able to get
deliveries on Water Street and wants to make sure they will still be able to get
deliveries.
Mr. Vern Stefan, 717 6th Avenue S., business owner and owns commercial property
downtown. He stated that he has economic concerns. He thought the plan was good .
and admires the hard work that everyone has put into this plan. He stated that his
concern is employment or jobs downtown, the significant tax burden on his properties
relating to TIF payments, which the State has changed the formula regarding this
payment and parking by Maple Island. He stated that according to an agreement with
the City there is to be 50 parking spaces allocated on the east side of the Maple Island
and asked if those spots would be eliminated.
Mr. Russell stated that the parking spaces were moved down in the lot, but would still
have 50 spaces allocated for Maple Island.
Mr. Stefan asked if the f100dwall is on Water Street with the parking spaces displaced
that consideration be given to people who have to push a grocery cart further in the lot.
He felt that if the parking issues are not addressed that businesses will suffer additional
duress. He stated that one of the primary concerns of the retail businesses in Maple
Island is the access from the street. He asked that parking issues in this area be
addressed because if there is duress on the businesses, jobs will be lost, and taxes will
be lost. He cautioned the Council about how the parking is adjusted, eliminated,
restructured around the Maple Island development because it concerns the tenants
deeply.
Mayor Kimble closed the public hearing.
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Page 6 of 10
City Council Meeting - 04-02
January 20, 2004
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Council member Rheinberger stated he basically likes Plan D because it expands Lowell
Park, reduces parking visibility along the river, creates a north/south trail and
accommodates festivals and other events, however it fails to solve the underlying
structural problems of downtown such as good traffic passage, lasting flood protection,
creation of strong investment incentives for existing property owners to substantially
upgrade and give permanent protection to Lowell Park. He felt that the plan was a
quick face lift for downtown, would attract only a few outsiders of the community, would
do nothing for existing residents, and most of it would be lost in a flood. He stated that
public investment without structural changes would not be worth it and be a poor
investment. He stated he is against the plan and requested that the plan be table for
deeper and more productive proposals.
Council member Junker stated that he has a different view. He stated that a number of
issues have been resurrected and a lot of the parking in the downtown is helter-skelter
and the parking lots, particularly east of the railroad tracks, are not designed very well.
He stated during the meetings the issue that came up a number of times was to look at
the parking issue and get the design right on the parking. He stated that our downtown
is the biggest resource and felt money should be invested in downtown to bring people
into Stillwater. He stated that this plan is coming from a diverse group. This project
could be pretty vibrant in Stillwater, something our residents can admire and enjoy and
attract tourists to the downtown so it is great for everyone
.
Council member Kriesel agreed with Councilmember Junker however he does have
concerns about short-term parking and strongly supports the parking be supported
through a parking ramp, and felt the location of the floodwall is a proper fit and will
protect Stillwater. He stated that the plan is the easy part; the funding is the tough part
and felt that the burden should be shared with the tourists.
Council member Milbrandt stated that our biggest assets are the downtown and Lowell
Park and the worst thing the Council could do is not plan. He stated that this plan gives
the City a vision and is in full support of the plan and moving forward.
Motion by Council member Kriesel, seconded by Councilmember Milbrandt to table the issue to
the February 3, 2004 meeting and allow written comments to be accepted until that meeting.
UNFINISHED BUSINESS
Planninq Commission recommendation on Lakeview Hospital parkinq ramp modifications
.
Community Development Director Russell stated that the Planning Commission and
Heritage Preservation have reviewed the parking ramp design and recommended
Council approval. He stated at the January 12, 2004, Planning Commission meeting,
the adjacent neighbors asked to be a part of the final landscape plan review and
approval and that the pedestrian trail easement connecting Everett to Greeley be
removed and that the Planning Commission add a condition requiring final design
review of the landscape plan, lighting plan and headlight mitigation plan with
Page 7 of 10
City Council Meeting - 04-02
January 20, 2004.
neighborhood input. He stated that the Commission felt the trail easement should be
maintained for possible future use when sidewalk improvements are made on the area.
The conditions of approval are
1. Parking lighting shall have standards of 20 feet or less with light cut offs so that
residential areas are not lit up and cannot see the source of light.
2. The south parking ramp boundary shall be heavily landscaped to minimize the
visual impact from the residential area.
3. The parking structure shall be designed so that the fronts of vehicles (headlights)
cannot be seen from the residential area south and east parking ramp elevation.
4. The two residential structures shall be advertised and made available for
relocation
5. The drainage plans shall be coordinated with the city lake drainage improvement
plans of the city, reviewed and approved by the City Engineer.
6. The hospital shall participate in Everett Street and possible hospital related
sidewalk improvements adjacent to the site and a pedestrian trail easement shall
be provided connecting Everett Street to Greeley Street.
7. Access to the parking structure off of Everett Street shall be limited to traffic from
the north. This shall be signed and enforced by the hospital.
8. The final lighting plan, landscape plan and headlight mitigation plan shall be .
reviewed and approved by the Heritage Preservation Commission with
neighborhood input before building permits are issued.
Mr. Jeff Robertson, Lakeview Hospital, stated that they support the conditions, however
the neighborhood was against the easement for the walking path.
Councjlmember Junker stated that there are no plans at this time for the trail, but the
easement should be kept so if things change the easement is there just for the future.
He thanked the neighborhood and Mr. Robertson for their efforts in the compromise.
Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adopt
Resolution 2004-23, a resolution approving design modifications to the Lakeview Hospital
Parking Ramp.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
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Page 8 of 10
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City Council Meeting - 04-02
January 20, 2004
NEW BUSINESS
Possible award of bid for Attack Pumper
Mayor Kimble reviewed the memo regarding the award of a bid and contract for the Fire
Department Quick Attack Pumper. He stated that the low bid was in the amount of
$165,428.00 received from Alexis Fire Equipment. He also commended the committee
on their preparation of the specifications for the vehicle.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-24, accepting bid and authorizing purchase of attack pumper.
Ayes: Council members Kriesel, Milbrandt, Rheinberger. Junker and Mayor Kimble
Nays: None
Possible approval of Minnesota Historical Society Certified Local Grant for architectural study
for Staples & May's Addition
Mayor Kimble reviewed the request to apply for the grant for the architectural study for
Staples & May's Addition.
Council member Rheinberger expressed concern on the expenditure that it did not
provide a useful public purpose.
Council member Kriesel expressed concern on the author selling the completed study at
a profit.
Mayor Kimble stated that the item at this time is only to apply for the grant and that
actual hiring of an investigator would be at a future meeting.
Motion by Councilmember Milbrandt, seconded by Council member Junker to adopt
Resolution 2004-25, approval to apply for Minnesota State Historical Society Grant for 2004.
Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble
Nays: Council member Rheinberger
Possible approval of rehabilitation of Intercept Sewer
Mayor Kimble reviewed the memo provided by Public Works Director Eckles for the
rehabilitation of the Intercept Sewer to address infiltration/inflow.
Councilmember Junker asked if the project would be completed this year.
Public Works Director Eckles stated that would be completed during the spring and
summer.
Page 9 of 10
City Council Meeting - 04-02
January 20,2004
Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to adopt .
Resolution 2004-26, approving plans and advertise for bids for the Interceptor Sewer Project
(Project 2004-04)
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Mayor Kimble recognized Stillwater students from Mr. Weiss class.
ADJOURNMENT
Motion by Council member Rheinberger, seconded by Council member Junker to adjourn the
meeting at 8: 15 p.m. All in favor.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
Resolution 2004-16, directing payment of bills
Resolution 2004-17, approving agreement with HLB Tautges Redpath, Ltd for arbitrage
calcu lation s/reporting
Resolution 2004-18, approval of Revised Agreement on Brown's Creek Watershed
Resolution 2004-19, approval of Municipal License for Xcel Energy
Resolution 2004-20, a resolution approving a special law and authorizing the City Clerk to
issue a certificate of approval
Resolution 2004-21, renewal of towing license for 2004
Resolution 2004-22, approval of St. Croix Caterers Management Agreement for
Recreation Center and Lily Lake Area - 2004
Resolution 2004-23, a resolution approving design modifications to the Lakeview Hospital
Parking Ramp.
Resolution 2004-24, accepting bid and authorizing purchase of attack pumper.
Resolution 2004-25, approval to apply for Minnesota State Historical Society Grant for
2004
Resolution 2004-26, approving plans and advertise for bids for the Interceptor Sewer
Project (Project 2004-04)
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Page 10 of 10
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LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2004-027
.
All Tee
Amdahl Locksmith, Inc.
Ancom Technical Center
Arch Wireless
Aspen Mills
AT & T Wireless
Barr Engineering Co.
Boyer Trucks
Braun Pump & Controls
Buberl, Larry
Carquest
Catco
CDW
Citi Cargo
Clarey's
Coca Cola
Collegiate Pacific
Comcast
Computer Services of Florida, Inc.
Crysteel
Cub
Elk Mechanical
Fire Guard Sprinkler Service
First Line
Fred's Tire
Fuhr Trenching
Grand Prix Vending
Grey Survey Repair
H & L Mesabi
Hansen, Steve
Hawk Labeling Systems
Heritage Printing
Hillyard
Hi-Tech Signs, Inc
Holiday Commercial
Integra
I-State Truck Center
J H Larson
Johnson, Ron
Lakeview Hospital
MacQueen Equipment
Magnuson Law Firm
Matrix Communications
McLeod USA
.
.
Fire Alarm Monitoring 2004
Locks
Repair Radio
Pagers
Uniforms
Cell Phones
SW Prison St. Sewer RevlWall Repair
Vehicle Repair Parts
Replace Check Valves Maryknoll Lift
Animal Transport
Vehicle Repair Parts
Equipment Repair Parts
Battery
Storage Unit Rental
Repair on 6112
Concession Supplies
Pitching Machine Baseballs
Cable
Software Maintenance Agreement
Control Joystick
Concession Supplies
Refund Overpayment License
Annual Inspection, Equipment Repair
Concession Supplies
Tires
Benson Pond Project
Lollipops
Equipment Repair Supplies
Blades
Dare Graduation Supplies
Labels
January 2004 Newsletter
Maintenance Supplies
Dasher Board Advertisement
Fuel
Telephone
Equipment Repair Supplies
Equipment Repair Supplies
Shelving
Blood Draws
Butterfly Valve
Professional Service
Remote Programming
Telephone
288.00
3,352.00
415.33
1,239.75
487.12
424.14
4,787.07
7310
4,95963
5000
123.76
10.58
113.62
95.85
262.50
1,418.05
355.68
78.27
2,952.44
209.53
22.91
50.00
510.00
571.95
141.09
56,720.22
84.00
894.60
259.86
33.84
90.80
1,453.86
363.19
140.00
52.61
942.10
70.45
27.19
85.01
40.00
340.98
6,042.33
62.50
175.75
EXHIBIT" A" TO RESOLUTION #2004-027
Menards
MN Ice Arena Manager's Assoc.
Municipal Code Corp.
Napa Auto Parts
National Highway Institute
Nelson Marine
Nextel
Northland Chemical
Northwestern Tire
Office Depot
Office Max
On Site Sanitation
Parts Associates
PC Magazine
PC Solutions
PC World
Quill
R & R Specialties of Wisconsin, Inc.
S & T Office Products
Sandy's Office Coffee Service
St. Joseph Equipment Inc.
Short Elliott Hendrickson, Inc.
Sprint
SRF Consulting Group, Inc,
Standard Spring
Stillwater Area Schools
Stillwater Ford
Stillwater Gazette
Stork
Streichers
Sysco
Total Mechanical
TR Computer Sales, LLC
United States Postal Service
Valley Trophy, Inc.
VenTek International
Verizon Wireless
Visionary Systems
Walmart Community
Washington Co Tax Accounting & Research
Wet Technology Inc.
Winnick Supply, Inc,
Wrap & Ship
Yocum Oil
Zee Medical Service
Page 2
Supplies
Membership
Supplement Pages
Auto Repair Supplies
Registration Fee
Equipment Repair Supplies
Cell Phones
Cleaning Chemicals
Tires 6108
Office Supplies
Office Supplies
Unit Rental
Equipment Repair Supplies
Subscription
Maintenance Contract
Subscription
Office Supplies
BB Bracket
Office Supplies
Coffee Supplies
Equipment Repair Supplies
Water Street Parking Fac/Plaza Floodwall
Celli Phone
Boutwell Area Transportation Plan
Spring
Ballfields, Dry Line Marking Compound
Vehicle Maintenance
Publication
Engineering Long Lake Outlet
Vest
Concession Supplies
Repair Leak in Chiller Pipe
Software License & Support Fees
1 st Class Presort Fee
Officer of Year Plaque
Equipment Repair Supplies
Cell Phones
Firehouse Software 2004
Supplies
EOY Audit Reports
Cooling Water Treatment
Maintenance Supplies
Freight
Fuel
First Aid Supplies
~
\
11.39
100.00
330.22
1 05.93
335.00
55.46
232.45
267.23
1,683.57
56.10
31.94
15.05
618.42
29,97
143.00
24.95
192,29
25,60
13.95
65.00
988.07
6,480,67
61.03
585,36
40.00
114,00
86.67
27.34
1,430.00
779.95
372.81
675.00
1,007.94
1 50.00
91.17
177.60
209.54
700.00
45.60
220.00
614.38
41.03
34.25
3,032,57
142.55
.
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EXHIBIT" A" TO RESOLUTION #2004-027
. MANUAL CHECKS JANUARY 2004
.
.
Postmaster
Xcel
ADDENDUM TO BILLS
Ace Rental
CDW Gov
ClinNet Solutions
GCR Tire Center
Grainger
Hansen, Larry
H & L Mesabi
Ikon Office Solutions
LMC Insurance Trust
Legislative Associates, Inc.
LJ Schuster
Menards
Metropolitan Council
Metropolitan Council Environmental
MN Asphalt Pavement Association
MN Dept of Administration
Office Depot
On Site Sanitation
Qwest
Stillwater Gazette
Xcel
Adopted by the City Council this
3rd Day of February, 2004
Page 3
January 2004 Newsletter
Electricity, Gas
Hardware
Software
Drug Screens
Tire Repair
Rolling Ladder
Reimburse Meal Expense
Grader Blades
Maintenance Agreement
Insurance
Legislative Services January 2004
Utility Bills Envelopes
Maintenance Supplies
Jan/Feb 2004 Wastewater Rate Increase
January 2004 SAC Report
Seminar
December 2003 Usage
Office Supplies
Unit Rental
Telephone
Publication
Electricity, Gas
1,068.29
28,654.27
33.15
144.99
81.00
174.60
693.00
20.00
958.50
419.27
3,321.79
2,916.67
1,139.49
57.29
5,236.00
13,365.00
45.00
140.83
86.57
42.65
224.20
114.41
15,202.52
Total 187,456.20
Form 220
.
ACKNOWLEDGEMENT OF RECEPTIVITY
TO AN LeA FUNDING AWARD
As a participant in the Livable Communities Local Housing Incentives Account
Program, Stillwater
(name of city or township)
supports the affordable and life-cycle objectives of the Livable Communities Act
(LCA). Accordingly, it will accept and make available in a timely manner to
Request for Proposal (RFP) applicant - Human Services. Inc. for the Home
Free Project
any LCA award to the city/township to assist the housing program or activity
. proposed in this application if such an award is made.
By
(City or Township Manager or Administrator)
.
Minnesota Housing Finance Agency
Multifamily Housing Resource
lofl
MHR Form 220
2/2003
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(I)
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APPLICATION AND PERMIT
FOR A 1 TO 4 DAY TEMPOR.\R\" ON-SALE UQlJOR LICENSE
!(r.gsnu"lion or ~ljOD limil~"'(\ 10 3 p..'IUli1;: iu a 12 mouth pe1100)
- ()</7
SrI LUA)A-Tl::::e.M IJ S3l>:? c.
WilIlbc applic.1nl ooulracll41T inCoxic.1ting liqnor SlCC\'j~'! II' so, ~\'e llltl nalllc alll18dd~ oflho: l,ilJUOf lil-'t:lIsc pro\'idin~ the sen'K:e.
f\Ju
~
.
Wi1Ilbc lIppli.:AJIr ~' liquor liabilil)' m,q!fll~"! If $0. th.: canier' ,; Il:oll~ aud :mlOunt of .:overtlg-~
(NOTE; JIISllt3llce is not mandlllOI1"n._.t:== cD E:R A L... I D$iJ. f<..AAJe.-E f. D
:I I, lJ7/72t o?T{)
APPROVAL
APPUCA TION M VST BE APPROVED BY CITY OR COllNT\' BEFORE SUBl\1rITlNG TO UQUOR CONTROL
CITY/COUNTY .6ft Iltucd-ee
CITY FEE AMOI;NT 76 170
DATE FEE PAil) 2,;;(. o~
DATE APPROVED
LICENSE DA TF-S
Sl{iNA nJRE CITY CJ .F.RK OR UXJNIY OI:tlCIAl.
API'ROVED LIQUOR CONTROl. LlJRECIOR
NOTE: Do not separate these two parC,o 5l'Dd boltl parts to the add~, abon Rnd lhe original signed It~. thi, dn'i~i4)1)
will be returned B.~ the lkense. Submit to the Ch)' or Coun.~. at 1~1l!I( 30 dll'lI befon: the event.
PS..09079(8195)
.
.
.
.
@)
APPLICATION AND PERMIT
FOR A 1 TO 4 DAY TEi\-rpORAllY ON-SALE LIQUOR LiCENSE
!O.gailUlIlion or l~tjOD limited to 3 p..'I1'Dit,; in II 11 ruonth pe:liod}
$5l)'i!2:
(l fl u..I€-T H() u ~.c:
Willlbc 3pplic.1Dl coulracl 1111' inIOxN."\ling liquor SiCf\'ices'! If .~, gh'e dill Jlallle III1Ll address "fIlII: I,iquor liL"t:IlSC providinl! the ser\'ice.
NU
Will the DpJl!i.:anr c:my liquor liahilil)' in~ll~'~ If~.!he carrier' ;; D3Jlltllllld mlOIInl of OOV0.Y3~
(NOTE; Insur.mce is nOl mandlllory'L.__ F= E. D E t< A l.- I D ~ U. R.fHJ e.e (' D
$- I, ff1Fl.J.,.f) 7Jt) .
APPROVAL
APPI..lCATJON MUST BE APPROVED BY CITY OR COllNTY BEFOR!! SUBMITTING TO UQUOR CONTROL
CITYlCOUNTY ..~ i'/Umee ___
CITY fEE AMOl;NT 75 ~o
~.~ ,tJ~
nA TE APPROVED
LICENSE DATES
DATE FEE PAIl)
SIGlIIA TURF CITY CLERK OR l:OUNIY OH1CIAL
API'ROVEI> UQUOR CONTROl. DlREl.10R
NOTE: 00 nol separate trn:sr two parts. 5eDd both patrb to the atldNu above and Ibe original signed ~. Ihis dh-hi4)1)
will be returned llJI tl14.' lkense. Submit 10 tbe ell)' or COllnt). at 1~1l.'( 30 dll~.\1 IH:fon: the event
PS..l)90"{819~)
.
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2004-027
.
All Tee
Amdahl Locksmith, Inc.
Ancom Technical Center
Arch Wireless
Aspen Mills
AT & T Wireless
Barr Engineering Co.
Boyer Trucks
Braun Pump & Controls
Buberl, Larry
Carquest
Catco
CDW
Citi Cargo
Clarey's
Coca Cola
Collegiate Pacific
Comcast
Computer Services of Florida, Inc.
Crysteel
Cub
Elk Mechanical
Fire Guard Sprinkler Service
First Line
Fred's Tire
Fuhr Trenching
Grand Prix Vending
Greg Survey Repair
H & L Mesabi
Hansen, Steve
Hawk Labeling Systems
Heritage Printing
Hillyard
Hi-Tech Signs, Inc
Holiday Commercial
Integra
I-State Truck Center
J H Larson
Johnson, Ron
Lakeview Hospital
MacQueen Equipment
Magnuson Law Firm
Matrix Communications
McLeod USA
.
.
Fire Alarm Monitoring 2004
Locks
Repair Radio
Pagers
Uniforms
Cell Phones
SW Prison St. Sewer Rev/Wall Repair
Vehicle Repair Parts
Replace Check Valves Maryknoll Lift
Animal Transport
Vehicle Repair Parts
Equipment Repair Parts
Battery
Storage Unit Rental
Repair on 6112
Concession Supplies
Pitching Machine Baseballs
Cable
Software Maintenance Agreement
Control Joystick
Concession Supplies
Refund Overpayment License
Annual Inspection, Equipment Repair
Concession Supplies
Tires
Benson Pond Project
Lollipops
Equipment Repair Supplies
Blades
Dare Graduation Supplies
Labels
January 2004 Newsletter
Maintenance Supplies
Dasher Board Advertisement
Fuel
Telephone
Equipment Repair Supplies
Equipment Repair Supplies
Shelving
Blood Draws
Butterfly Valve
Professional Service
Remote Programming
Telephone
288.00
3,352.00
415.33
1,239.75
487.12
424.14
4,787.07
73.10
4,959.63
50.00
123.76
10.58
113.62
95.85
262.50
1,418.05
355.68
78.41
2,952.44
209.53
22.91
50.00
510.00
571.95
116.88
56,720.22
84.00
894.60
259.86
33.84
90.80
1,453.86
363.19
140.00
56.14
942.10
70.45
27.19
85.01
40.00
340.98
6,042.33
62.50
175.75
EXHIBIT" A" TO RESOLUTION #2004-027
Menards
MN Ice Arena Manager's Assoc.
Municipal Code Corp.
Napa Auto Parts
National Highway Institute
Nelson Marine
Nextel
Northland Chemical
Northwestern Tire
Office Depot
Office Max
On Site Sanitation
Parts Associates
PC Magazine
PC Solutions
PC World
Quill
R & R Specialties of Wisconsin, Inc.
S & T Office Products
Sandy's Office Coffee Service
St. Joseph Equipment Inc.
Short Elliott Hendrickson, Inc.
Sprint
SRF Consulting Group, Inc.
Standard Spring
Stillwater Area Schools
Stillwater Ford
Stillwater Gazette
Stork
Streichers
Sysco
Total Mechanical
TR Computer Sales, LLC
United States Postal Service
Valley Trophy, Inc.
VenTek International
Verizon Wireless
Visionary Systems
Walmart Community
Washington Co Tax Accounting & Research
Wet Technology Inc.
Winnick Supply, Inc.
Wrap & Ship
Yocum Oil
Zee Medical Service
Page 2
Supplies
Membership
Supplement Pages
Auto Repair Supplies
Registration Fee
Equipment Repair Supplies
Cell Phones
Cleaning Chemicals
Tires 6108
Office Supplies
Office Supplies
Unit Rental
Equipment Repair Supplies
Subscription
Maintenance Contract
Subscription
Office Supplies
BB Bracket
Office Supplies
Coffee Supplies
Equipment Repair Supplies
Water Street Parking Fac/Plaza Floodwall
Celli Phone
Boutwell Area Transportation Plan
Spring
Ballfields,Dry Line Marking Compound
Vehicle Maintenance
Publication
Engineering Long Lake Outlet
Vest
Concession Supplies
Repair Leak in Chiller Pipe
Software License & Support Fees
15t Class Presort Fee
Officer of Year Plaque
Equipment Repair Supplies
Cell Phones
Firehouse Software 2004
Supplies
EOY Audit Reports
Cooling Water Treatment
Maintenance Supplies
Freight
Fuel
First Aid Supplies
.
11.39
100.00
330.22
105.93
335.00
55.46
232.45
267.23
1,683.57
56.10
31.94
15.05
618.42
29.97
143.00
24.95
192.29
25.60
13.95
65.00
988.07
6,480.67
61.03
585.36
40.00
114.00
86.67
27.34
1,430.00
779.95
372.81
675.00
1,007.94
150.00
91.17
177.60
209.54
700.00
45.60
220.00
614.38
41.03
34.25
3,032.57
142.55
.
.
.
.
.
.
EXHIBIT" A" TO RESOLUTION #2004-027
Page 3
Adopted by the City Council this
3rd Day of February, 2004
.
Memorandum
To: Mayor Kimble and City Council Members
cc: Larry Hansen
From: Larry Dauffenbach, Police Chief
Date: 1/2912004
Re: 2004 Squad Car Purchase
.
I would like to order two new police squad cars. They would be Ford Crown
Victoria police package units ordered from the state bid. Superior Ford again has
the state bid. There is a 75 to 120 day delivery wait for the vehicles. We will again
order black and white squads with the new graphics. The cost is $21,322.00 per
unit. This does not include switch over of equipment, delivery fees, service contracts
or any additional equipment. There is money in the capitol outlay budget for two
new police squad cars.
Recommend approval to purchase two new Ford Crown Victoria police squad cars
from state bid.
1
~1/L(/L~~4 14:~4
/
/
//
/
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Ibj':Jl':lbjjb
~U~~~lU~ ru~u rLCCI
SUPER10R FORD
FLEET & GOVERNMEN I SALES
9700 56"~ AVE NO
PLYf-AOUTH, MN 6S~1\2
BIll Slui;l11
763-519-6349 -
Corol HQndrick~(m
763-519-6351
Wanda Mahaffey
763-519-6373
Date //d} 7/00'
Fax To: rJlI'n:~ t~'-f [}!'ftI,c?c,...;8/}-U7
AT: S'/Jt...f-U/~.J?- At),
MN CONTRACl" .j/. 432130
2004 CROWN VIC POLICE INTERCEPTOR
POLICE INTERCEPTOR PACKAGE
4.6L va ENGINE f AOD TRANSMISSION f 3.27 RATIO
f"'OWEI=l LOCKS, WINDOWS, HEATFn MIRRORS
BUCKET SEAT FRONT - CLOTH FRONT & REAR
SPEED CONTROL f TILT STEERING WHEEL
AIR CONDITIONING f AMFM STEREO RADIO
MAP LIGHT I 5" ROUND HEADER LIGHT
REAR WINDOW DEFROSTER J ENGINE BLOCK HEATER
ASS BRAKES f LIMITED SLIP REAR AXLE
RADIO NOISE SUPPRESSION / CARPET WI FLOOR MATS
FR DOOR MOLDINGS IN TRUNK $ 19469.00
TAX 8. LICENSE NOT INCLUDED
IMt-'OklANT - TO RECEIVE THIS GOVT PRICING YOU MUST
HAVE A FORD FLEET ID#
WE FAX CONFIRMATION OF ORDERS RECEIVED - CALL us IF YOU
00 NOT RECEIVE FAX CONFIRMATION OF YOUR ORDER
PAYMENT IS DUE UPON DELIVERY OF EACH VEHICLE
ISSUE SEPARATE PO'S FOR EACH VEHICLE IF NECESSARY
TOTAL OF OPTIONS FROM PAGE 2
TOTAL FOR EACH VEHICLE
EXT POWERTRA1N WARRANTY 3YRfOR175,OOO MILES ~~ ADD $ 975
EXT POWERTRAIN WARRANTY 3YR/OR/1 00 000 MILES ... ADD $ 1485
'.S5D OED-EXPIRES YR/MI-WHICHEVER COMES'FIRST
TOTAL FOR EACH VEHICLE
x
#I OF UNITS =
FAX # OF PAGES ~
c_hendr2~dealeremail.com
.
Fax
763-519-03::l0
PH 65/.-.35/ -//906
F<lX t?5/- jl5'/- ~~yrO
EXTERIOR:
TM LIGHT GREY
BU MED BROWN
JL OK TORADOR RED"
FS SPRUCE GREEN"
ox DARK PEARL BLUE"
LK DARK 8U.r~
LM ROYAL BLUE
LN LIGHT BLUE
MM UI.TRA BLUE
C2 GOLD ASH'
LS L T ICE BLUE
TN I VER GREY
UA BLACK"
wr WHIT "
IIIANIUM
JP SII_VER BIRCH"
AQ ARI7.0NA BEIGE"
TV MIDNIGHT GRc'('
.
c~:~;~~
LT GRAY
TAN
19,469.00
'f17? oJ
$ ~()3"7. crrJ
975~m)
$
$
$
d/3>>JrU
s
THANK YOU, PLEASE CALL IF ANY QUESTIONS.
TOTAL
MANUALS $
~ eLl-
SUPERIOR FORD, INC.
"
TAX & LICENSE NOT INCLUDED
JAN-27-2004 14:47
7635196336
97:/;
.
P.01
.
1. POWER DRIVER SEAT 21A
2. SIDE AIR BAGS 59M
3. LH SPOTLIGHT 51A
4. VINYL REAR SEAT IW-DK GREY IC-LT GREY IH-TAN
5. AM/FM STEREO CASSETTE 58H
6. TRUNK ORGANIZER W/KEVLAR FRONT LINER 14/
7. RUBBER FLOOR (IN LIEU OF CARPET & FLR MATS) 128
R r1FI FTF RADIO 588
9. DELETE ENGINE BLOCK HEATER 41H
1 O. MULTIPLE UNITS KEYED ALIKE KEY CODe /cJ-9'hr ORDER CODE
11. 3.55 REAR AXLE RATIO 730A
12. ADD RH SPOTLIGHT 51Y
13. CLOTH SPLIT BENCH SEAT PW-DKGP.AY PC-LTGRAY PH-I/\N
14. ADDITIONAL ROOF REINFORCEMENT 185
15. FULL WHEEL COVERS (in lieu of center hub caps) 642
16. DELETE 5" ROUND HEADER LIGHT 54M
17. COURTESY LIGHTS DISABLED 478
18. SILICONE HOSES W/AIRCRAFT CLAMPS 177
19. TRUNK RELEASE ON DRIVERS DOOR (IGNITION POWERED) 61 H
20. DFI FTF: SPEED CONTROL 525
21. DELETE RADIO NOISE SUPPRESSION 53M
22. POWER ADJUSTABLE BRAKE & GAS PEDALS 59C
~3. LOCKS -DRIVER & FR PASS CONTROL ONLY 157
24. WINDOWS-DRIVER & FR PASS CONTROL ONLY 948
25. TWO TONE PAINT ACCENT ON Roar & 4 DOORS
26. TWO TONE PAINT - ACCENT ON ROOF,HOOD,TRUNK
27. TWO TONE PAINT - ACCENT ON ROOF & FR DOORS
28. BASE POLICE PREP PKG - 65A (NA WITH 66F POB)
29. POLICE PREP PKG - COMPLETE - S8P (NA WITH 66F PDB)
30. VISIBILITY PKG - 65W &68P (REQ68P PKG)
31. VISIBILITY BASE PKG - 65N (NA WITH 68P OR 66F)
32. FRONT POWER DISTRIRI JTION BOX (PDB) 66F
33. GRILL LAMP. SIREN & SPEAKER WIRING 172
34. LAMP PRE WIRE PKG 476
35. ROOF WII-</NG, HOLE IN ROOF 187
36. ROOF WIRING, NO HOLE IN ROOF 189
37. RADIO, 2 WAY PRE WIRE (rn SF'I<J1G INOP FOR AM/FM) 946
38. LOCKING GAS CAP 54G
39. DELIVERY .50 per mile one way $.50 X _. miles =
40. LAMINATED SECURITY SIDE GLASS SSG
41. PLASTIC TRIM RINGS (AFTERMARKET - NOT INSTALLED)
42. TRACTION CONTROL 553
43. FRONT DOOR MOLDINGS INSTALLED BY FACTORY 96C
254
50
202
o
.
952
953
955
327
258
163
56
159
163
(108)
(86)
(30)
tf.3s- 43
138
129
77
69
30
o
17
275
o
(194)
(82)
103
o
22
387
387
1R7
598
1716
2572
1587
82
o
39
168
73
39
9
TOTAL OF ALL OPTIONS ADDED TO ORDER... ......... ... p' _...........
$
SERVICE MANUAL $ 80
ELECTRICAL MANUAL $ 65
EMISSIONS MANUAL $ 95
PARTS MANUAL $ 125
ANNUAL TECHNICAL SERVICE BULLETIN (TS8) SUBSCRIPTION $ 125
.
JAN-27-2004 14:47
7635196336
98%
/h_-3
5b
L/.s
69
-e-
/7
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070>,
3?7
c?c?
__.;29
-4
?7?
P.02
.
City of Stillwater
1/22/04
From Brine's Bar & Restaurant
219 So. Main St.
This letter is to request permission from the city of Stillwater for
Brine's upcoming Bocce Ball Tournament. The date is set for Sat. Feb. 28th.
from 11 :OOa.m.-I 0:00p.m. We will be using parking spaces on the west side
of Water St. from Chestnut St. to just south of Outfitters. We will contact
affected business to see if there are any conflicts. A port -a-pot will be on sight
and all clean up will be done on Sun. Feb. 29th. If there are any question
please call Gerry Brine at 439-7556. I would like to thank the city of
Stillwater for past and future co-operation on this event.
.
ThankY~
Gerry Brine
.
.
.
.
STAFF REQUEST ITEM
I Department: Public Works
I Date: 1/29/04
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Authorization to purchase equipment not on the State bid, which are as follows:
Laser Level, Culvert Nozzle, Software for sign making, asphalt wacker, stump
chipper, railings and portable steps for mezzanine-north wall.
Attached - quotations
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Budgeted for in 2004 Capital Outlay
ADDITIONAL INFORMATION ATTACHED Yes
No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by:
Date:
January 29, 2004
Klayton Eckles, Public Works Dir.
3
4
9
o
3
3
3
United
Rentals
1380 West County Road C
Rosevl11e, MN 55113
(651)633-8171
(651)633-8684 Fax
1-800-367-9161
quotation
.
CUSTOMER: CITY OF STILLWATER
NICK CRA VIS
0651-275-4103
SHIP TO:
DATE SHIP VIA I FO~OSEVILLE MN 55113 I TERMS I SALESPERSON
7/15/03 TRUCK NET 30 RANDY DYKHOFF
QUANTITY PART NO. DESCRIPTION EACH NET TOTAL
LASER SOlUTIONS
SPECTRA PRECISION LASER 1242, AUTOMATIC GRADE LASER SYSTEM $3993
SPECTRA PRECISION LASER G PLUS, AUTOMATIC GRADE LASER SYSTEM $3593 .
SPECTRA PRECISION LASER LL600, MANUAL GRADE LASER SYSTEM $2260
TRIPOD AND TARGET $135
THANK YOU! RANDYDYKHOFF CELL 612-490-1793
ACCEPTANCE AND DISCLAIMER OF WARRANTIES
The front and back of this document comprise the enUre contract affecting this transaction.
In Accepting this proposal Customer agrees to all Terms and Conditions on the reverse, including Warranty Disclaimers, which were read and understood prior to Customer acceptance. Unless otherwise
indicated, the above scheduled Equipment is offered F.O.B. factory, plus applicable taxes, payment terms are net cash on receipt. Any financing proposed is contingent on the credil approval of the finance
agency.
This quotation is for information purposes only, and shall not be binding upon Dealer until accepted by an officer of the company al its corporate headquarters, Greenwich, Conneticut. This quotation is valid for
thirty days from date.
Accepted Accepted
Customer: Dealer"
By: By: .
Date: Date.
01/22/2004 17:09
7534223949
LANOEQUIPANOKA
PAGE 01
. anD 'Esta6(islid in 1946
~f!!!'~!! @8DRal. r--- ~ .....sou........ ~ I(oJ""t') ..~
~40 Hwy 10 NW · Anoka, MN 55303 · Phone 7631323~1720 · Fax 763/422-3949 · www.lsnoequip.com
NAME
BUSINESS
ADDRESS
CITY. STATE, ZIP
PHt
CELL PHI
FAX#_~S\~ ~IS"-Ml~
'~~_l
( WE ARE PLEASED TO QUOTE ON YOUR INQUIRY AS FOLLOWS: )
QUANTITY DESCRIPTION
\ - \~;"'" lk S f<.Jr"'- '?fe.c.....,.iOIA k~H
(1 vlV\~ Q~-tc ~r~A lR~~'.
· QUOTED BY:
ACCEPTED BY:
LN02476 1101
INQUIRY I t::::-t-
DATE -1ld..1Lf}..i
TEAMS
DELIVERY
PRICES QU(ED ARE EO.B.:
OVlo __~
PRICE AMOUNT
it 3(703. o"lJ
;
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tA-
t
595 Aldine Street, St. Paul, Minnesota 55104-2297
612-645-5726" MN Wats 1-800-832-6417 e Fax 612-645-6668
5'.b$" ~-j-LU t<Y ~v ~:: ?!1i'?!l _?
UEEN EGUIPMENT INC.
Me n~! cT'r' b I...
l;.,j J~ {~() f
3. QUOTATION
] ORDER
,t reet
---
~ity
State _ Zip
Terms
=or
Territory
Il,ddress
Expected Chassis Arrival Date
P.o. No.
TRUCK MAKE
Phone Number
\ YEAR
\MODEL
Ic.A.
Unit Net
-- aU
Accepted Customer:
Seller:
. ~.......:~~------- ............~-
We reserle the right to change prices without notice. The price in effect at time of delivery will prevail, notwithstandin
or tax exemption certificate furnished. (See Disclaimers, Terms and Conditions on reverse side.)
Minnesota anc ;00",a' taxes must be adde.
.
1-95
OfF~rr::~~A:;E lCf)?Y
N50 W15835 KOHLER LANE. MENOMONEE FALLS, WI 53051-5722
(262) 252.4144 . FAX: (262) 252-3955
.
r c/d ~7~:'t,- it/4/t'e
/!rTfi/.' /0t:/~ SA ~1/~5
I
OUOTATION'NO. 5373
DATE: -9.-~3-#3-
L
-I
WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTl~ FOR YOUR APPROVALi
3~ :6-: !!1.
.
,
-r---
-t---
1- -
I
.......,...._ ~__~ I _~~.~.~~~_
THE ABnVii QI..t)'Ff'D PRICE IS PROTECTED PROVIDED THE ORDER IS PLACED AND ACCEPTED PRIOR "1...-: AF( Ff.lTURE
DA TEfl PR!Ct: lfv>EASE AND DELIVERED IN TIME SPECIFIeD BY FACTORY.
NOTE:
.
;-" ";C ORDS:R ;"t,.
SALESMAN:
~ ;
..(:~t4t,~~
ft/1 h f', 'h .n
r"I/.{Y'~. -"1:';
I; -, (.....-.: ~-~_. F. _...._~
WHilE. CUSTOMER COPY ..."..N . SALESMAN copy PINi<. ",:. ~u
3
4
9
o
3
3
3
United
Rentals
1380 West County Road C
RosevilleJ MN 55113
(651)633-8171
(651)633-8684 Fax
1-800-367-9161
quotation
.
CUSTOMER: CITY OF STILLWATER
NICK CRA VIS
0651-275-4103
SHIP TO:
DATE SHIP VIA I FO~OSEVILLE MN 55113 I TERMS I SALESPERSON
7/15/03 TRUCK NET 30 RANDY DYKHOFF
QUANTITY PART NO. DESCRIPTION EACH NET TOTAL
WACKER COMPACTOR, WP 1550 A, WITH WATER $1749
.
THANK YOU! RANDY DYKHOFF CELL 612-490-1793
ACCEPTANCE AND DISCLAIMER OF WARRANTIES
The fronI and back of this document comprise the enlire conIract affecting Ihis Iransaction.
In Accepling this proposal Customer agrees to all Terms and Condilions on the reverse, including Warranty Disclaimers, which were read and understood prior to Customer acceptance. Unless otherwise
indicated, Ihe above scheduled Equipment is offered F.O.B. factory, plus applicable taxes, payment terms are net cash on receipt. Any financing proposed is contingent on the credit approval of Ihe finance
agency
This quota lion is for information purposes only, and shall not be binding upon Dealer until accepted by an officer of the company at ils corporate headquarters, Greenwich, Connellcut. This quotation is valid for
thirty days from date.
Accepted Accepted
Customer: Dealer:
By: By: .
Date: Date:
.
.
e
I
14021 Azurite Street, N.W. Ramsey, Minnesota 55303
(763) 421-4034 Fax: (763) 421-4342
Thursday, October 16, 2003
Nick Chaves
City of Stillwater
1372 Greenley St.
Stillwater, MN 55082
Dear Nick:
Vance Brothers is pleased to offer you the following prices for the 2003 season:
Product
Price
MVC-88 Plate Compactor
$1900.00
Thank you again for the business you have given us in the past. If there is anything else f
may do for you, please let me know.
Since ely,
~
Mike Fitzgerald
Branch Manager
Sen~ By: L~ITED RENTALS ROSEVILLE;
651 697 8432;
Jan-21-04 3:36PM;
Page 1/2
349
3 9 6 B
United
· Rentals
1380WestCountyRoadC q uo~at:ion
Roseville, MN 5511.1
(651)633-8171
(651)633-8684 Fax
1~800-367-9161
.
CUSTOMER: CITY OF STILLWATER
NICK CRA VIS
OFFICE 651-275-4103
SHIP TO:
FAX 651.275-4112
DAT"'- sHlr VIA \I'.o.tlo. I-reRM~T 30 I SALESl'ERSON
1/21/04: OUR TRUCK RQSEVILLE RANDY DYKHOFF
QUANTITY PART NO. DESCRIPTION EACH NET TOTAl
". QUOTE FORA VERMEER STIlMP GRINDER
VERMEER SC2,2. BASIC MACHINE WITIl2S HP KOHLER, $10,799
FULL AUTOSWEEP OPTION, DUAL WHEELS,
AND TIlREE WHEEL OPTION.
;
FREIGHT AND DEALER PREP INCLUDED, DELIVERY TO YOUR DOOR!
:,
TIIANK YOU! RANDY DYKHOFF CELL 612-490-1793
.
ACCEPTANCE AND DISCLAIMER OF wARRANTIES
1M 1rcnl /II'ld boock u!;~ d<X:YmenI ~ the enlire oontrsCl ~1XIil"ll1hl& tr_o~.
In ~g 1nI. ~ ~ 81l18881o II1l TIIIlTl$ ;1l(l CMdlltonll on 1M f'fV~ IndUdlng Wsmm\y 0I~.unm. wl1Ich wflrv rNd ,~ uI\4el'!IIooct pnor 10 0,4IeMer acceptsnciI. ~ QI1lerv.l58
Indlolltd, ~ 8DoVe ~~ equipMMlls ollenld F.O.e, faclQty. plus app1IcIIbfe ~es. ~l tem1Il are nt\ I::I1$II on moeIpl Niy ArllIl!Qng prcpO&lld AI CClI11lPgenI Qn ihb etedII ~~ of the fi_
agency. .
Th", Q1JCl1sllOn 18 lor ~tion putpO!le8 only, """..,a11 nQl M I)(ncllng upon ~ unlil lICC8Pled toy I!ll oIll.,..- d the CMlIl8llY 8l1l$ ~e hea4QuaII6II, GrMnwid'l. Conn~'. Thil; quotatiOllIll YMllIor
1I11rly QaY" frOm .1Ila;
~ ~
CI.I~ ~ar.
By: B)':
081&' Datu, .
01/10/04 THU 12:47 FAX 9528822980
VERMEER OF MINNESOTA
l4J 002
Vermeer'
.
"
VERMEER SALES & SERVICE
1675 126th St. West, Burnsvllle, MN 55337 · (952) 890-6144
Fax (952) 882-2759
QUOTA liON
TO:
u~r
9 ..sir.p.p+
-S:S-68~
-....:
DATE I-ll)~()r
QUOTED
FOB
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OUOTED BY: ~ ~/'re;;"'d..-- ACCEPTED;
APPROVED BY: FIRM NAME:
BY:
DATE
TITLE:
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PROPOSAL
BG METAL FAB
910 sth AVE
BALDWIN WI 54002
715-684-2133
PROPOSAL SUBMITTED TO:
..::) \ ,~+- ~ /d (",,<, k,-
NO. @?fO/3 .
DATE. j. L7~O'l
WORK TO BE PERFORMED AT:
BG METAL FAB
BALDWIN, WI
WE HEREBY PROPOSE TO FURNISH THE MATERIALS AND PERFORM THE LABOR
NECESSARY FOR THE COMPLETION OF
, -,'- .
2f}(J /iff''.?'~ /-1-
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ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE ABOVE WORK TO BE
PERFORMED IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS SUBMITTED
FOR ABOVE WORK AND C1MPJ.,ETEQ IN ,.t~STANTIAL WORKMANLIKE MANNER FOR
THE SUM OF 5;-"- ~.I;..,y ..}lrre h-.,~ n;' e DOLLARS ($ b'"JCJ9.pO)
---
RESPECTFULLY SUMBITTED
PER BRIAN GREGG - OWNER
SIGNATURE i1'~/-_____
.
.
-
FORESTRY CONSULTANT CONTRACT
FOR 2004
This contract is made this 3rd day of February 2004, between the City of Stillwater, a
Home Rule Charter City of the third class, existing under the laws of the State of
Minnesota, with offices at 216 North 4th Street, Stillwater, Minnesota 55082, "City", and
Kathy Widin, Plant Health Associates, Inc. 13457 Sixth Street North, Stillwater,
Minnesota 55082, "Consultant".
RECIT ALS
The City desires to retain the services of the Consultant to provide consulting services
in the development and maintenance of a forestry management program.
Consultant agrees to perform these services for the City under the terms and conditions
set forth in this Contract.
In consideration of the mutual promises set forth herein, it is agreed between the City
and the Consultant as follows:
SECTION I. NATURE
OF WORK
Consultant will perform the services as shown on the attached Exhibit "A" on behalf of
the City.
SECTION II. PLACE
OF WORK
It is understood that Consultant services will be rendered largely in the field or at
Consultants place of business and not in the Office of the City.
SECTION III.
COMPENSATION
1. The City will pay to the Consultant as follows:
a. $40.00 per hour for services listed in Exhibit "A" or as otherwise
approved by the City.
b. Ordinary and necessary business expenses incurred by the Consultant
and attributable to the work will be reimbursed by the City provided that
prior written approval is given by the City.
SECTION IV.
STATUS OF CONSULTANT
This Contract calls for the performance of the services of the Consultant as an
independent contractor and the Consultant will not be considered an employee of the
City for any purpose.
SECTION V.
INDEMNIFICATION
.
Any and all claims that arise or may arise against the Contractor, its agents, servants or
employees as a consequence of any act or omission on the part of the Consultant or its
agents, servants or employees while engaged in the performance of this Contract shall
in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold
harmless and defend the City, its officers and employees against any and all liability,
loss, costs, damages, expenses, claims or actions, including attorney's fees, which the
City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising
out of or by reason of any negligence or willful act or omission of the Consultant, its
agents, servants or employees, in the execution, performance or failure to adequately
perform Consultant's obligations under this Contract.
SECTION VI.
AUTHORITY
The City hereby grants to the Consultant all authority reasonably necessary to pursue
and achieve the objectives of this Contract.
SECTION VII.
DURATION
This contract will be in effect from January 1, 2004 through December 31 , 2004 and will .
be renewable on an annual basis upon mutual agreement by both parties. This
agreement may be terminated by either party upon sixty (60) days written notice to
terminate the agreement by the party
IN WITNESS WHEREOF, the parties have set their hands this 3rd day of February,
2004.
CITY OF STILLWATER
By:
Jay L. Kimble, Mayor
By:
Diane F. Ward, City Clerk
PLAT HEALTH ASSOCIATES, INC.
By:
Kathy Widin
.
Exhibit "A"
. Forestry Consulting Work Program
For Year 2004
To: Larry Hansen, City Administrator, and City Council
City of Stillwater
From: Katharine D. Widin, Ph.D.
F C I
/2 /04
orestry onsu tant 1 3
SERVICE ESTIMA TED WORK PROPOSED
HOURS
Maintenance of Public
Trees
Evaluation of Trees on 7 Evaluations of trees on public property to determine nature of tree
Public Property: problem(s) and whether or not specific trees should be removed or
need other care - on a case by case basis
Boulevard Trees
Park Trees
Trees on City Property
Education/Outreach
Write Articles 3 Articles for City Newsletter (2) and
1 articles for the
Stillwater Gazette on tree-related issues
.ntain Forestry Hotline 32 Return phone calls from residents and make site visits regarding tree
insect, disease and cultural problems. Send literature to residents
regarding information requested.
Tree Information Fact 3 Fact Sheets containing information about boulevard tree planting anI
Sheets for Residents planting and care of trees on private property
Seminars/W orkshops for 4 Info. sessions for residents on tree planting and care and managemeI
Residents of European buckthorn (may be related to City projects)
Tree Protection
Site design review for 10 (est.) Site review of building placement, tree location and protection on
wooded lots - Liberty and (developer) wooded building lots
Legends developments
Oak Wilt 7 Survey for oak wilt infection centers within the City; provide
information and assistance to property owners in oak wilt
management
Site review/tree protection 6,5 To provide guidelines, site review for City projects regarding tree
and management projects; selection, planting, care and protection; to provide recommendatiom
memos, meetings, etc. and field instruction for control of buckthorn, an invasive woody
plant, in areas of public proiects
Estimated Hours for 2004: City = 62.5 (@$40.00/hour) = $2,SOO.00
--
RESOLUTION 2004-28
APPROVAL OF FORESTRY CONSULTANT CONTRACT FOR 2004
.
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the forestry
consultant contract between the City of Stillwater and Plant Health Associates,
Inc. (Kathy Widin), as on file with the City Clerk, is hereby approved, and the
Mayor and Clerk are authorized to sign said Agreement.
Adopted by Council this 3rd day of February, 2004.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
--
.
.
.
j
STAFF REQUEST ITEM
I Department: MIS
I Date: 1/30/04
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Purchase of PixelPoint Software Maintenance Agreement (1 year agreement).
This is the Point of Sale software currently being used by the Recreation Center.
We are one version behind on our upgrades and we need to upgrade to the
current version because a new version will soon be out. This maintenance will
allow us to get both the current and any new versions for the next year.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Total cost of this agreement for this year will be $2759.29 and subsequent years
will be approximately $704.50.
ADDITIONAL INFORMATION ATTACHED Yes X
No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by: Rose Holman
Date: 1/30/04
Page I of2 .
Rose Holman
From: Recreation Center
Sent: Wednesday, January 28, 2004 9:10AM
To: Rose Holman
Subject: FW: Pixel Point SMA
.
Rose what do you think of this?
Please let me know
Doug
-----Original Messagem--
From: Ed Wallace CSF [mailto:ewallace@computerservicesofflorida.com]
Sent: Thursday, January 22, 2004 1:40 PM
To: Recreation Center
Subject: Pixel Point SMA
Hi Doug,
PixelPoint has a new program for upgrading your software to the current version. I have included an outline.
PixelPoint Software Maintenance Agreement
Outline
Overview
1)
2)
3)
What is SMA
Benefits of SMA
Cost breakdown
.
What is SMA?
The PixelPoint Software Maintenance Agreement (SMA) entitles customers to free Service Packs,
Revisions, and Major Upgrades for the term of the agreement. It has been designed to offer the
assurance that customers always receive the latest versions of the software, at a fraction of the cost of
One- Time upgrades.
Simply put, PixelPoint has made it a priority to keep the majority of the PixelPoint user base on the
same version of software, increasing customer satisfaction and quality assurance.
SMA Benefits
Economical Upgrades spread over multiple years versus larger One-Time purchases for upgrades.
Current versions are easier to support and use.
Customer will receive renewal notices to keep current with SMA.
Access to the latest technology helping to maximize the technological investment benefits.
Cost Breakdown
Purchased by January 31 st, 2004 discounts for existing customers are available, approximately 10% of
the MSRP plus a per month from original purchase prorated at the rate of 10% divided by 12 times the
.
1/30/2004
.
.
~
Page 2 of2
number of months.
Purchased February 1st 2004 20% of the MSRP plus a per month from original purchase prorated at the
rate of20% dived by 12 times the number of months.
One-Time Upgrade from version 97.5 or earlier equals 75% of the MSRP
One-Time Upgrade from version 97.6 equals 50% of the MSRP
Substantial savings by purchasing the SMA by January 31 st, 2004 versus anytime after.
The pricing breakdown for your upgrade options is as follows:
One-Time purchase of upgrade to current version 97.5 to new version (when released) $5283.75
SMA purchased after January 31,2004 $4814.08 plus $342.47 per month after Feb, 2004
SMA purchased by January 31,2004 $2759.29
Pixel Point has a history of releasing a new version about every 18 months. The next version is going to be
released soon. It will be version 7, you are on 5 and the current is 6. PixelPoint has given us the oppurtunity to
offer the discounts to our current customers untill the end of the month. If you are interested in taking advantage
of this upgrade path please let me know as soon as possible due to the Feb deadline. I apologize for the short
notice but this just came available.
Kind Regards,
Ed Wallace
Computer Services of Florida, Inc.
813-243-1025
CONFIDENTIALITY NOTE
This electronic transmission, including all attachments, is directed in confidence solely to the person(s) to which it
is addressed, or an authorized recipient, and may not otherwise be distributed, copied or disclosed. The contents
of the transmission may also be subject to intellectual property rights and all such rights are expressly claimed
and are not waived. If you have received this transmission in error, please notify the sender immediately by return
electronic transmission and then immediately delete this transmission, including all attachments, without copying,
distributing or disclosing same.
1/30/2004
01/28/2004 03:38
8132431025
COMF' SERU OF FL
F' AGE 01
Computer Services of Florida Inc
P.O. Box 262035
Tampa Fl 33685-2035
813-243-1025
Date
Invoice
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St Croix Valley Recreational Center
1675 Market Dr.
Stillwater Mjnnesota
55082
Tem15
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I Due on rec::etp( J
L__._.___u_.....
'1
R.. Amount I
2,7~9.29 2,759291
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1--"""""'>- I 'PixelPlrint Software === ~t ~
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! Sales Tax
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. Memo
To:
From:
Date:
Subject:
Mayor and City Council /J
Steve Russell, Community Development Director /'--
January 29, 2004
Appeals of Heritage Preservation Commission and Planning
Commission Decision Regarding Modification to Bed and Breakfast
Special Use Permit.
Background. The applicant, Jeff and Julie Anderson, owners of Rivertown Bed and
Breakfast, are requesting a modification to their special use permit. The modifications
entailed two parts, (1) to move two rooms from the nine-room bed and breakfast from
the main house to the "Carriage House",accessory dwelling and (2) to hold four (4)
special events per month (dinners) for forty guest maximum.
.
The Heritage Preservation Commission reviewed the request to move the two guest
rooms at their meeting of January 5, 2004. At that meeting, they approved the
request. The Planning Commission reviewed the special use permit modification
request including the Heritage Preservation Commission recommendation regarding the
guest rooms at their meeting of January 12, 2004. At that meeting, the Commission
approved the moving of the guest rooms but denied (4-4 vote) the special events
request. There was extensive public testimony atthe Commission meeting (minutes
attached).
Appeals. Letters of appeal were received from Paul and Judith Lacy and Jeff and Julie
Anderson. The Lacy's appealed the Heritage Preservation Commission and Planning
Commission approval of moving the two guest rooms to the carriage house. The
Anderson's appealed the Planning Commissions denial of the special events requests
(letters of appeal attached). The Planning Commissions revised conditions of approval
are attached.
Recommendation: Decision on appeals.
Attachments: Staff report and minutes HPC, 1-5-04, staff report and minutes CPC 1-
12-04, Letters of appeal; Lacy 1-14-04 and Anderson 1-20-04.
.
1. A maximum of two special events (defined as business meetings, bus tours, bridal .
and wedding showers, anniversaries, weddings and wedding receptions, and
church functions) allowed per calendar month.
2. All special event visitors shall park on site or on the Bed and Breakfast side of the
street boarding the property and not impact local streets. ..
3. Limit of groups: 40 people maximum.
4. Food must be prepared in a Washington County Health Department approved
kitchen.
5. All special events shall be over by 9:00 pm.
6. No open bar on premises for special events. Champagne or wine is allowed on a
two-person/one bottle limit.
7. All special events shall be held indoors.
8. This permit shall be reviewed upon complaint.
9. The manager or owners of the property shall live on site and be on site during all
special events.
10. This use is not transferable to a new owner.
11. Impervious surface shall not exceed 40 percent (40%).
.
.
.
.
.
HERITAGE PRESERVATION COMMISSION
APPLICATION DESIGN REVIEW FORM
CASE NO. DR/03-51 a
Heritage Preservation Date: January 5, 2004
Project Location: 306 West Olive Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: Ed Hawksford representing Julie and Jeff Anderson
Type of Application: Design Review
Project Description: Modification of the Special Use Permit. Design review for a
guestroom of a bed and breakfast to be moved to the carriage house at the Rivertown
Inn and approval of a Special Events Permit for the bed and breakfast.
Background: The Commission previously approved the exterior modifications and
moving of one of the nine permitted guestrooms from the main structure to the carriage
house at the September 3, 2003 meeting. There had been one guestroom in the
carriage house since 1989. As it turns out the previous owner of the Rivertown Inn had
not received permission to use the carriage house for guests. The previous owner did
get approval to construct his private residence in the carriage house.
Discussion: The Inn is licensed for nine rooms; and there are currently seven in the
main building. They are requesting approval to add two of the guestrooms in the
carriage house.
The second request is for a Special Events Permit. They wish to offer dinners to current
guests and invited friends who've stayed at the Inn before and/or friends, not to exceed
40 guests per event. The events would be concluded by 9:00 p.m. The events would
be based on reservation only basis, not to exceed four per month. Typically, Special
Events P.ermits allow the following:
1. A maximum of six special events (large functions defined as business meetings, bus
tours, bridal and wedding showers, anniversaries, weddings and wedding
receptions, and church functions) over twenty persons allowed per month.
2. All special event visitors shall park on site or at a controlled remote location.
3. Limit of groups: 40 capacity as approved unless special approval is obtained from
the City Council.
4. Food must be served by a licensed caterer.
5. All special events shall be over by 9:00pm.
6. No open bar on premises for special events. Champagne is allowed on a 000-
person/one bottle limit. .
7. No outside entertainment or lighting for special events.
8. This permit shall be reviewed upon complaint.
9. The manager or owners of the property shall be on site during all special events.
This use is not transferable.
Recommendation: Approval as conditioned.
Conditions of Approval:
1. All revisions to the approved plan shall be reviewed and approved by the Heritage
Preservation Commission.
Findings: The proposal meets the intent of the Bed and Breakfast Ordinance.
Attachments: Application Form/Letter from Applicant/Site Plan/Elevation
Drawings/9/3/03 Minnites/8/22/03 Letter from Edward Hawksford.
.
.
.
.
.
DRAFT
City of Stillwater
Heritage Preservation Commission
January 5, 2004
meeting and that the Commission should be presented with plans in
there entirety with also the elevations of the adjacent buildings and
the reuse of materials incorporated into this development, seconded
by Commissioner Lieberman. All in favor.
The applicant stated that they are looking for concept design approval.
Commission Johnson stated that the application is not complete enough to give
conceptually design approval.
Commissioner Peterson commended the applicants on being willing to work with them.
Commissioner Johnson stated that there wasn't any objection on the plan view, as far
as the foot print goes, most of the concerns were with the elevation views. At this
point, there are to many unfinished items.
Commissioner Lieberman said that community input is very much valued.
Case No. DR/03-51a. Revised design review for a special events permit and a
guestroom of a bed and breakfast to be moved to carriage house at the Rivertown Inn
located at 306 West Olive Street. Ed Hawksford, representing the applicant.
Modification of the Special Use Permit. Design review for a guestroom of a bed and
breakfast to be moved to the carriage house at the Rivertown Inn and approval of a
Special Events Permit for the bed and breakfast.
The Commission previously approved the exterior modifications and moving of one of
the nine permitted guestrooms from the main structure to the carriage house at the
September 3, 2003 meeting. There had been one guestroom in the carriage house
since 1989. As it turns out the previous owner of the Rivertown Inn had not received
permission to use the carriage house for guests. The previous owner did get approval
to construct his private residence in the carriage house.
The Inn is licensed for nine rooms; and there are currently seven in the main building.
They are requesting approval to add two of the guestrooms in the carriage house.
Mr. Anderson was present and stated that the intention was to use the carriage house
as a guest room.
Page 16 of 21
City of Stillwater
Heritage Preservation Commission
January 5, 2004
The Rivertown Inn was set up originally with nine rooms and at that time there was no
ordinance to follow. .
.
Motion by Commissioner Eastwood to approved the addition of two
guestrooms in the carriage house, seconded by Commissioner
Peterson. All in favor.
The second request is for a Special Events Permit. They wish to offer dinners to
current guests and invited friends who've stayed at the Inn before and/or friends, not
to exceed 40 guests per event. The events would be concluded by 9:00 p.m. The
events would be based on reservation only basis, not to exceed four per month.
Typically, Special Events Permits allow the following:
1. A maximum of six special events (large functions defined as business meetings, bus
tours,bridal. and wedding showers, anniversaries, weddings and wedding
receptions, and church functions) over twenty persons allowed per month.
2. All special event visitors shall park on site or at a controlled remote location.
3. Limit of groups: 40 capacity as approved unless special approval is obtained from
the City Council.
4. Food must be served by a licensed caterer.
5. All special events shall be over by 9:00pm.
6. No open bar on premises for special events. Champagne is allowed on a two-
person/one bottle limit.
"7. No outside entertainment or lighting for special events.
8. This permit shall be reviewed upon complaint.
9. The manager or owners of the property shall be on site during all special events.
This use is not transferable.
.
Mr. Anderson also applied to add special events to the bed and breakfast permit.
It is a request for a modification for a maximum of six special events per month and
would like to change the request to four special events per month and not exceed 40
per event and wouldn't go later than 9 p.m. and would like to serve dinners and have
special occassion events centered around that.
Ms. Fitzgerald, City Planner, stated that the applicants went before the City Council last
month for approval of New Year's event and was granted approval for the New Year's
and Christmas. No complaints were received.
Page 17 of 21
.
.
City of Stillwater
Heritage Preservation Commission
January 5, 2004
This is an effort to expand for guests of guests and people that hear about us. This is
not open to the public but for speCial events for people who want to come.
Mr. Anderson said concerns have been .expressed about guests staying in the carriage
house. The two guest rooms are not visible to them. Under construction now is a
barrier, historically consistent with the building, between the main building and the
carriage house so that the neighbors cannot see guests. We feel that concerns
addressed and have been taken care off.
Motion by Commissioner Peterson to approve as conditioned with four
events per month seconded by Commissioner Lieberman. Motion
carried 4-1with Commissioner Johnson abstaining.
Case No. DR/04-00. Design review of signage for ReMax located at 1180 Frontage
Road. Russ Field, representing the applicant.
.
The applicant is requesting design review and approval for an exterior sign. The
existing pylon sign would be used. The applicant will use the same cabinet with interior
modifications and a new sign face. The cabinet will be wrapped in metallic silver with
corrugated metal back panels. The lighting source for the main part of the sign will be
exposed neon letters for the word "ReMax" and for the logo. The two lower panels will
be silver faced Lexan backlit panels with each company's logo. The existing pole will be
wrapped in corrugated metal (metallic silver). There will be no height or dimension
changes to the existing sign.
Commissioner asked for clarification on the lighting.
Mr. Russ Field, applicant, explained the lighting to the commission.
Thad Rich, ReMax, was present and explained what he would like for the building.
Ms. Fitzgerald stated that there Was a choice of either a building sign or a pylon sign.
Signage can be in the window filling up 1/3 of the window.
Motion by Commissioner Johnson for approval of the monument sign,
the letters will be internally neon lit, the lower portion of the sign will
have back lit letters, the sign background is opaque, this will be the
only sign indicating the business name, seconded by Commissioner
Eastwood. All in favor.
.
Page 18 of 21
PLANNING APPLICATION REVIEW FORM
CASE NO. SUP 104-02
.
Planning Commission Date: January 12, 2004
Project Location: 306 West Olive Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicants Name: Julie and Jeff Anderson
Type of Application: Special Use Permit Modification
Project Description: A modification to a Bed and Breakfast Special Use Permit for
the relocation of two guest rooms from the main house to the carriage house and for
special events (40 guest maximum).
Background: The Heritage Preservation Commission approved the exterior
modifications and moving of one of the nine permitted guestrooms from the main
structure to the carriage house at the September 3, 2003 meeting. There had been
one guestroom in the carriage house since 1989. As it turns out the previous owner of .
the Rivertown Inn had not received permission to use the carriage house for guests.
The previous owner did get approval to construct his private residence in the carriage
house. The applicant's went in front of the Heritage Preservation Commission on
January 5, 2004 seeking the approvals they thought they'd already had; moving two
rooms from main house to carriage house and now to the Planning Commission for
approval.
The applicant's appeared in front of City Council on December16, 2003, to request
special permission to carry on Christmas and New Years events that were already
planned before they discovered they didn't have a Special Events Permit. Council
approved the request for those two events only because of the circumstances (see
attached 12/19/03 Council minutes).
Discussion: The Inn is licensed for nine rooms. There are currently seven in the main
building. They are requesting approval to add two guestrooms in the carriage house.
Attached is the floor plan and building elevations of the carriage house.
A second part of the request is permission to hold special events in the main residence.
They wish to offer dinners to a maximum of 40 guests per event. The events would be
concluded by 9:00 p.m. The events would be based on a reservation only basis, and
not to exceed four per month. Typically, Special Events Permits allow the following:
.
1.
.
2.
3.
4.
5.
6.
7.
8.
9.
10.
A maximum of four special events (defined as business meetings, bus tours, bridal
and wedding showers, anniversaries, weddings and wedding receptions, and
church functions) allowed per month.
All special event visitors shall park on site or at a controlled remote location and
not impact local streets.
Limit of groups: 40 people maximum.
Food must be prepared in a Washington County Health Department approved
kitchen.
All special events shall be over by 9:00pm.
No open bar on premises for special events. Champagne or wine is allowed on a
two-person/one bottle limit.
No outside entertainment or lighting for special events.
This permit shall be reviewed upon complaint.
The manager or owners of the property shall live on site and be on site during all
special events.
This use is not transferable to a new owner.
Recommendation: Approval with conditions.
Special Use Permit Findings: The proposed use will not be injurious to the
neighborhood or otherwise detrimental to the public welfare and will be in harmony
with the general purpose of the zoning ordinance.
. Conditions of Approval:
1. All revisions to the approved plan shall be reviewed and approved by the
Community Development Director.
.
Attachme-nts: Application Form- Letter from Applicants - 12/16/03 City Council
Minutes - Site Plan - Elevation Drawings - Case No. SUP/DR/99-38 Staff Report
HPC Action on 1-5-04: +6-0 Approval of two guest rooms in the carriage house.
City of Stillwater
Planning Commission
Meeting Minutes
January 12, 2004
.
2. Case No. SUP/04-02. A modification to a Bed and Breakfast special use permit for the
relocation of two guest rooms from the main house to the carriage house and for special
events (40 guest maximum) located at 306 West Olive Street in the RB, Duplex
Residential District. Jeff and Julie Anderson, applicants.
Mr. Anderson stated that he and his wife live at 119 West Chestnut Street which is right around
the corner from the Rivertown Inn Bed & Breakfast for which the are seeking this two-part
special use permit. They currently have a special use permit for nine rooms in the facility and
are now seeking permission to take two of those rooms and move them into the carriage house
on the property. The second part of the request is to permit special events. The original request
mirrored one already approved for the Aurora Staples Inn and was for six special events per
month. After appearing before the Heritage Preservation Commission, however, they decided
that they did not want to do six special events per month. The request has been scaled back to
four events per month. The events in mind are primarily dinners and would be inclusive of the
overnight guests. This would then permit only 22 additional guests for the special events. Since
appearing before the HPC, some concerns from neighbors were expressed about traffic and
frequency (6 per month as stated in the notice) if this were allowed. The request is being scaled
back to 2 special events per month, hoping that this will address the concerns of their friends and
neighbors.
.
Regarding the first part of the request, construction had already started when the Andersons were
notified by the City that they would have to go back through the process. The carriage house is
currently occupied by the innkeeper and the two rooms being requested are on the north end of
the carriage house, one on the upper floor and one on the main floor, replacing the garage area of
the carriage house.
There are 9 parking stalls right now and there will be room for 11 stalls (one for the innkeeper)
Mr. Junker asked where the special events would be held and was told they would be in the main
house on ~he main floor, not the carriage house. This, in fact, is why the request to move two of
the rooms is being made.Mr. Anderson explained to Mr. Wald that the end result will be seven
rooms in the main house and two in the carriage house. No rooms are being added.
Mr. Junker asked if the Andersons were still comfortable with the 9:00 p.m. ending time. He
stated that they were and also with the other conditions that were placed by City staff. Mr.
Ranum asked about the on-site parking or remote parking conditions that were set forth in
Condition #2. Mr. Anderson stated that this is definitely the most challenging of the conditions.
Because the property is on a corner and there are already ten parking stalls available in the
property, he feels that ten or eleven vehicles would have to park on the street and most of them
would actually be abutting the Anderson's property on Fifth andlor Olive Streets; In no case
would there be more than ten or eleven additional vehicles during the special events. Mr. Junker
.
2
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City of Stillwater
Planning Commission
Meeting Minutes
J an uary 12, 2004
asked if the special events would be scheduled on any particular nightcofthe week and was told it
would more likely be on a weeknight than a weekend night. Nothing definite hasbeen decided.
Mr. Peroceschi asked how there got to be a guest room in the carriage house in the first place and
was told that since the Special Use Permit stated "9 rooms at the facility", the Andersons always
thought that it was okay to have some rooms in the carriage house. It was news to them that they
needed special permission to do so, especially considering that the City issued the building
permit. It came as a shock to the Andersons when told that construction had to stop. A grapery
is being built shield any noise and light from the neighbors to the west and to shield the parking
area from the street. Mr. Peroceschi asked how the Rivertown Inn can have nine rooms when
other B&B inns are limited to five. The Rivertown Inn was "grandfathered in".
Mr. Wald questioned how many rooms are operated at once. Never more than the 9 rooms have
been on the property or operated. Mr. Wald expressed his concern that even more rooms will be
requested in the future.
.
Mr. Teske questioned what percentage of coverage can exist on a property. How much
impervious surface is allowable? Thirty percentage of coverage is allowable in a residentially
zoned district. Mr. Russell stated that there are three city lots and according to his calculations,
they are in compliance.
Mr. Gag opened the public hearing.
Jeff Johnson, representing the Heritage Preservation Commission stated they reviewed this
request on January 5,2004. Since then, the special events request has been scaled down to 4 and
then 2 per month. The site was grandfathered in, has been used as a bed & breakfast inn since
the early 80's, with approximately nine units. HPC found no objection to the plan to move two
of the rooms - not to exceed nine. The HPC found that the site is large, being on a comer lot it
can accommodate a higher use and has the street frontage to manage the use and it is fairly well
screened from the street and neighbors. The commission feels that in looking at the ordinance
and how it has been interpreted in the past, especially by City Council, that it is compatible with
what was'approved for the James Mulvey Inn; actually less because no rooms are being added
here. Also, the special events of up to 40 people was approved for the Aurora Staples Inn and
this request is no different. The spirit of the ordinance, in the opinion of the HPC is primarily to
utilize these large, historic homes in Stillwater. Many of these, including the Rivertown Inn have
been everything from farm houses to apartment buildings. This type of use of a big, historic
home, is preferred. It is a good and appropriate use of this type of property. These properties
can produce revenue that will keep them in good condition and on the tax rolls. The intent of
this request is within the guidelines.
.
Mr. Johnson mentioned that although his is on the HPC he did abstain from voting because he
lives in the vicinity of this B&B.
3
City of Stillwater
Planning Commission
Meeting Minutes
January 12,2004
.
Lino Sullivan, north ofthe Inn. He asked for the commissions support ofthe Anderson's goals
in this project. He and his wife feel that the Anderson's have proven to be impeccable neighbors
and hosts. He has had no complaints about the guests or the operation of the inn. He is proud to
live in the neighborhood of a classic, Victorian house. He feels that every time forty people
come to Stillwater and see the gorgeous homes in gorgeous neighborhoods, like this Inn, it
increases the value ofthe entire community. He asked the commission to support the Andersons
in this venture and if there are any problems to address them immediately. He feels they are and
will continue to be reasonable and cooperative.
Leo Lohmer of 303 West Olive stated that whenever problems in the neighborhood came up,
everyone worked together to quickly to resolve it. He asked Jeff for two things and they were
taken care of. He does worry that people attending special events could be injured while
crossing the street. Some drivers come up the hill as fast as they go down it. He is concerned
about the 18 or 19 cars that would be involved during a special event but ifMr. Anderson says he
can take care of it, then Mr. Lohmer is sure that he will. He asked if the old gas storage tank,
under the driveway was ever removed.
Jim Martin, 225 Chestnut Street West, stated that he is in support of the Andersons' request and
believes that any parking concerns he has will be taken care of.
.
Katie Keller, 207 Sixth Street South, believe the Rivertown Inn is a good thing for the
neighborhood. It is being beautifully restored and maintained - a true showplace in Stillwater.
The clientele it attracts are up-scale and well mannered. They have experienced little or no
problems with unruly behavior or noise. Concerning the carriage house rooms, they trust that the
additional lighting necessary for the handicapped accessible entrance, will be appropriate and not
bothersome to them. Ms. Keller suggested a motion-sensor type of device be put in place so the
lights are on an "as needed" basis. She expressed serious concern regarding the increase in
delivery truck traffic that would result from the special events portion of the request. Mr.
Anderson assured that there would not be a increase in the traffic - just an increase in the amount
of food, etc. in those trucks. She stated that increased parking is a concern and would appreciate
that as many cars as possible be parked on sitelabutting Anderson property. She would like to
see information on the dates, number of guests and number of vehicles parked on the streets for
each special event would be a useful way for the Rivertown Inn to demonstrate conformance
with the special use permit. She asked the Planning Commission to require the Rivertown Inn,
and others to supply this information and provide a summary in the annual B&B report. Mr.
Russell stated that this has been performed on an irregular basis - on an individual basis when
complaints are received. This process, as required by ordinance, can be formalized. Mr.
Anderson proposed that every time a special event is scheduled, he would invite a neighbor to
monitor and participate in the special event. This would relieve the Council and the Planning
Commission of that duty and would allow the neighbors and friends to see what is going on and
if they have any concerns, the Andersons would have the chance to address them. Ms. Keller's
.
4
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.
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City of Stillwater
Planning Commission
Meeting Minutes
January 12,2004
final concern is that any future owners might run the Inn as a hotel or restaurant. Is this special
use permit transferable to a future owner/operator other than the Andersons? Mr. Turnquist
informed her that it is not transferable.
Judith Lacy, 318 Olive Street West, feels that this affects her more than anyone else. She
expects to continue to live in a quiet neighborhood and asks the Council to ensure her a
reasonable expectation to privacy. Ms. Lacy recited multiple dates and times that her quiet and
privacy was disturbed by the water heater vent in the Inn. She informed the Andersons and they
said they would get the sound muffled. Their attempts to muffle the sound did not meet with her
approval. She stated that she continued to call Mr. Anderson regarding the problem until he told
her not to call again. She then registered a complaint with the City. A decibel level test was
completed and found that the sound did not qualify as a nuisance. She hopes that the Andersons
will get the noise level under control with a new muffler system being installed within the week.
After requesting the City's help to alleviate the noise level she is very concerned that there could
possibly be two more rooms even closer to her: She stated thaUhe innkeeper has been observed
staring into their bedroom windows. She wants no more rooms in the carriage house. She is
upset that no notification was given to her or any of the other neighbors when this latest
construction project began. She stated that the plans given to the Planning Commission are not
the plans that the Andersons are actually using. She is upset that she has had to live with all the
noise for the last two and one-half years without being able to do anything about it. She is
concerned about the noise of the guests coming and going late at night. Lighting is also
disturbing and even though some lovely things have been done to the carriage house, she cannot
erect a 20 foot wall between the properties. She is looking to the Planning Commission to
seriously consider the plans, the actual plans before making any kind of decision in this matter.
She is concerned about her property value when it comes time to sell her home ifthere is a
restaurantlhotel complex right next door. She does not like her family and friends being exposed
to the liquor being served next door. She asked the Planning Commission to deny all of the
Anderson's requests, at least until the next meeting. She is willing to consider allowing the
Andersons to have some special events but certainly not 4 times a month and especially not on
Sundays. That is a day of rest. She would like to designate "no parking" in front of her house
and in the area of her bedroom window. The City should provide signage to that effect. She
thanked the Commission for their time and consideration.
Mr. Anderson addressed some of the issues brought up by Judy Lacy. There are no windows in
the carriage house guest rooms visible to the neighbors to the west (Lacys). The grapery
structure is designed with the Lacys in mind. It reduces their visual observation of both guests
and the parking area. He has offered to reroute the venting system for the water heater if the new
muffler system does not meet with their approval.
Mr. Ranum asked the Anderson's for the total square footage of either the improvements or the
entire property. 8,200 square feet of house, carriage house and grapery.
5
City of Stillwater
Planning Commission
Meeting Minutes
January 12, 2004
.
Kathy Oertle, 118 Fifth Street South thanked Jeff & Julie Anderson for the wonderful restoration
and upkeep of the property. She appreciates that the special events request was reduced from
four a month to two per calendar month. She is concerned about the delivery trucks for both the
Rivertown Inn and the Stillwater Residence. Trucks have backed into her driveway and broken
offbranches from their trees. Mr. Anderson said he will tell delivery drivers to avoid backing
into any of the driveways to turn around. She questioned where all the cars, including staff
vehicles, would park. She requested a review after six months of special events. The
commission told her that it would be a yearly review period. Ms. Oertle said that most of the
neighbors feared being "tattletales" so hesitated to say anything regarding these issues. She was
informed that issues cannot be addressed if no one is made aware ofthem.
Paul Lacy, 318 W Olive Street feels that Mr. Anderson really intends to put a restaurant and
hotel in the middle of a residential section of town. He pointed out that only four of the 15 items
on the special use permit were not violated. He hopes that if any of the requests are allowed, that
it is stipulated that all theevefits be held inside the main house.
He cited many lighting violations and signage problems and stated that the outside of the
carriage house was completely modified without permission. Mr. Lacy fears that Mr. Anderson
is trying to change the character ofthe neighborhood. He is already in violation on the special
use permit and now wants more. When the Dougherty's made similar requests they were flatly .
denied. He said that no comparison should be made to the Aurora Staples Inn or the Mulvey
House because the locations are so very different. He requested the Planning Commission deny
this SUP or at the very least delay any decision.
Tim Parker, 321 Olive Street West, is interested in a safe, quiet but lively neighborhood. He
stated that the Andersons keep the neighborhood alive. He doesn't know how you could support
an historic property such as this other than converting it to an apartment complex. He has never
had any parking problems or noise problems because of the Rivertown Inn.
John Oertle, 118 Fifth Street South, criticized the lack of enforcement of special use permits and
monitoring building activities. He feels that the city has let the system fail. He does have
concerns regarding the lighting of the Rivertown Inn.
Mr. Anderson stated that no matter how important the Inn is to him and his wife, it is nowhere as
important as friends and neighbors are. The property was restored to share it with the
neighborhood. The use they are seeking, at least the changes, is consistent with why they bought
the property and how they intend to use it. They value their friends and neighbors much more
than their property.
.
6
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City of Stillwater
Planning Commission
Meeting Minutes
January 12, 2004
Jeff Johnson, 309 Fifth Street South; (also on the HPC), commends Jeff& Julie Anderson for all
that's been done to the property. He feels there intent is to operate a business that makes the
community better. He asks the Commission to look to the requests as an appropriate use for a
larger, historic home, it's consistent with what the City wants as far as preservation is concerned,
it makes a viable business that fits fairly well with a busy community/neighborhood. The HPC
Commission has looked at all of these issues, previous cases and feels that this is consistent with
what has been reviewed and approved and is compliance with the permitting process. Most
building permits would not be subject to a public hearing if the fit within codes and ordinances.
The Andersons have appeared before the HPC at least 3 times since acquiring the property in
1999. Mr. Johnson supports the proj ect and hopes the Planning Commission will grant approval.
Before closing the public hearing, Mr. Gag asked if any questions remained for the applicants.
.
Mr. Ranum asked Mr. Anderson how his property operationlbusiness differs from a restaurant
and hotel complex. Because of their plans, he feels that there are no changes from what they
have been doing all along. Mr. Ranum stated that there does seem to be more lighting on the
property than before. Mr. Anderson reduced the voltage on the front porch light and put it on a
timer. He will take down the outside lighting on the stained glass and take down any and all
lighting that is not required by code.
Mr. Gag closed the public hearing.
Discussion
Mr. Gag explained that the request would be broken into two separate requests and voted on
separately.
Mr. Peroceschi expressed his concern that the City Council had earlier decreed that there would
be no rented rooms in the Carriage House and now there are two. Mr. Ranum is not overly
concerned because no additional rooms are being added, just moved. The original special use
permit states 9 rooms, 18 guests. Holding the line at 9 rooms/I 8 guests is his primary goal. Mr.
Wald is concerned that this property has 9 rooms when the code allows 5 rooms. He was told by
Mr. Turnquist that this particular permit was issued prior to the code. Mr. Junker agreed that as
long as there are no additional rooms, he has no problem with this part of the request. Mr. Teske
has no objection because the carriage house use is not being changed and there will be no
increase in the number of vehicles because two rooms are being moved from one building to the
other. Mr. Ranum sees no impact on the site with moving the rooms. Mr. Dahlquist asked if this
decision would affect allowing others to establish residential units in their carriage
housel garages.
.
Mr. Ranum moved approval of the relocation of two guest rooms from the main house to the
carriage house subject to the conditions set forth in the staff recommendations and adding the
7
City of Stillwater
Planning Commission
Meeting Minutes
January 12,2004
.
condition that impervious surface coverage on the site not exceed the 40 percent figure that is
allowed by current City ordinance. Second by Mr. Turnquist.
Discussion
Mr. Junker asked if any conditions regarding lighting need be added. Mr. Ranum feels that there
are already conditions set on the lighting and it is for the City to review and enforce compliance.
Mr. Dahlquist questioned the impervious surface condition. He stated that there is already hard
surface under the addition ofthe grapery so is not sure that there are changes to the existing
impervious surface. Mr. Ranum reiterated that checking for compliance is necessary.
Vote 6 to 4 in favor. Mr. Wald and Mr. Peroceschi dissenting. Motion passed.
The second part of the request is permission to hold special events in the main residence. The
Andersons request to offer dinners to a maximum of 40 guests per event. These events would be
conclude by 9:00 p.m. The events would be based on a reservation only basis and be defined as
business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding
receptions and church functions.
Mr. Teske expressed concerns regarding the parking problems that already exist in the
neighborhood from both the Inn and the Stillwater Residence. Allowing special events, even if .
only 2 per month, would escalate the problems. It is clearly stated that no off-site parking that
would affect the neighborhood, is allowed. Mr. Ranum is "flat-out" not in favor of the special
events. Parking for the events, accessibility for neighbors to their own parking, the noise factor
with coming and going of up to 40 guests and the fact that this would be more like a
hotel/restaurant (not a proper use in a neighborhood) are all his deciding factors. Mr. Junker
likes the aspect of the vitality this operation brings to the neighborhood. He is definitely in favor
ofthis. He is concerned that some ofthe neighbors felt that if they voiced their opinions then
they would be considered "tattle tales". He stressed the importance of expressing specific
complaints to the City so they can be addressed immediately. There is also the yearly review for
these concerns. If no one complains, then the City is under the assumption that there are no
problems '- "no news is good news". In turn, it is important to hear that all is fine. He feels that
the Andersons are very in tune with neighborhood concerns and are willing to compromise to
address concerns. Since the SUP is nontransferable he is definitely in favor of this.
Mr. Russell stated that it is important to clarify the requirements. If you want the special events
to be confined to the interior ofthe main house then state that specifically. If additional parking
is to be restricted to either on-site or at a controlled, remote location then adhere to that
condition. He feels that this hasn't been discussed even though it is listed as item 2 in the staff
recommendations for approval. If that i If it is two special events per calendar month, then state
"calendar month" in the permit. Also, state that the special use permit will be reviewed by the
Planning Commission in January of2005 so everyone will have the opportunity to attend and
.
8
.
.
.
City of Stillwater
Planning Commission
Meeting Minutes
January 12,2004
review how the first year has gone. This gives everyone the chance to participate and express
their opinions without feeling they are complainers.
Mr. Peroceschi favors monitoring of the special events as Mr. Anderson offered - guest monitors
comprised of neighbors. Mr. Dahlquist feels that the controlled, remote location parking will be
as detrimental to the neighborhood as on street parking. A maximum of2 special events per.
Discussion to strike item #2 from the conditions of approval. Mr. Ranum stated this permit is up
for yearly review and that it can be reviewed upon complaint. Therefore, rather than the
Planning Commission being specific in the parking conditions, the applicant must find some
solution to the parking issues. He should leave with the knowledge that he should be attending
to parking issues so he is not looking at complaints which would bring them up for review.
Mr. Tumquistmoved approval of the special events portionofSUP/04..:02 with the following
changes to the conditions listed in the staff recommendation:
Condition #1 changed to read a maximum of two special events per calendar month
Condition #2 be striked
Conditions #3 through lObe retained
Add Condition #11 to read that the noise from the water heater be reduced and feasible
Add Condition #12 stating that this SUP will be reviewed by the Planning Commission in
January of 2005
Reword Condition #7 to read all special events are to be held indoors.
Second by Karl Ranum.
Discussion
Mr. Peroceschi addressed the concerns of Mayor Kimble that this would become another
restaurant, not simply a Bed & Breakfast Inn. Mr. Wald stressed that the limit of2 special
events per calendar month was "iron-clad".
Vote 4 in favor, 4 against. Motion denied. Mr. Turnquist, Mr. Wald, Mr. Teske and Mr. Junker
in favor. Mr. Ranum, Mr. Dahlquist, Mr. Peroceschi, and Mr. Gag opposed.
Mr. Russell stated that this may be appealed as a separate issue.
Mr. Gag called a short recess at 9:25 p.m.
Reconvene at 9:40 p.m.
9
~VERTO"'N
I 1'\ N
RECEIVED
JAN 1 2 2004
January 20,2004
COMMUNITY DEVELOPMENT
DEPARTMENT
Steve Russell
Community Development Director
City of Stillwater
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
Mayor Jay Kimble
City of Stillwater
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
City Council
City of Stillwater
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
.
Re: Appeal of the Planning Commission denying the Special Use and Variance for Special
Events for the Rivertown Inn at 306 West Olive
Case No.: SUP/04-02
Julie and Jeff Anderson owners and operators of the Rivertown Inn, 306 West Olive by this letter
appeal the determination of the Planning Commission which denied a request for a variance of
a special use to conduct special events on the premises with restrictions. The request for special
events was unanimously approved by the Heritage Preservation Commission and when heard by
the Planning Commission a split vote resulted in denial of the request. We hereby appeal to the
Mayor and City Council the determination of the planning commission seeking reversal of it and
allowance of the variance of the special events at Rivertown Inn with restrictions as specified.
We respectfully request that this be heard at the next duly held city council meeting.
Nature of the application. We originally sought special use to have up to six (6) events per
month as had been granted other bed and breakfasts by the City Council and not to exceed 40
people in number. When we appeared in front of the Heritage Preservation Commission, we
.
'JOB WE>;T OLIVE STRE~;T - STILr.\\OATEH, l\IIX:'\1ESOTA 55082 - B51.430.2955 - B5 I .4:l0.220B FAX - W\n\'.RI\'F;RTOWXI:'IIX.COl\1
.
January 20,2004
Page 2
reduced the request to four (4) events per month. We now seek permission for two (2) events t
per month. This request is specifically to allow two special events per month of up to30 people. .
inclusive of guests for weddings, fundraisers and dinners consistent with the use of the property
and in accord with special uses already grante~ to the Rivertown Inn and ~ther bed & breakfasts Ill} rI
in the City of Stillwater. 1W..cA- \9 .A...v- ~.::bi- :;:cI(J, Ie;( oDutJC~ ~
~. SoP.
1. The use as requested is significantly less than the variance allowed other similar bed and
breakfasts in the city of Stillwater. f>
2. The events requested are not to excee~ ~ding the already permitted 18 guests and
to last no later than 9:00 p.m.
3. The requested use is consistent with the character of the neighborhood and property. We
have provisions for 11 cars in the parking lot and the balance to park on the street
adjacent to the Rivertown Inn property only.
v~
Jeffrey R. Anderson
,"~
ulie derson
.
.
Paul and Judith Lacy
318 West Olive Street
Stillwater, Minnesota 55082
.
January 14, 2004
VIA HAND DELIVERY
Mr. Steve Russell
Community Development Director
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
Re: Appeal of portions of the Heritage Preservation Commission actions of January 5,
2004, as well as portions of the Planning Commission actions of January 12, 2004, all
with respect to the Rivertown Inn, 306 West Olive Street
Dear Mr. Russell:
Our appeal is directed toward application number SUP/04-02. The application
seeks two things: (1) to permit usage of two rooms in the carriage house as guest rooms;
and (2) to permit the Rivertown Inn to operate a restaurant on the premises, including .
special events.
We respectfully appeal portions of the Heritage Preservation Commission actions
of January 5, 2004, as well as portions of the Planning Commission actions of January
12, 2004, all with respect to the Rivertown Inn, 306 West Olive Street, Stillwater,
Minnesota.
In particular, with respect to the January 5,2004 actions of the Heritage
Preservation Commission, we appeal their approval of two guest rooms in the carriage
house, instead of their being in the Rivertown Inn. It is unclear whether the Heritage
Preservation Commission took any action with respect to the request for a restaurant at
the Rivertown Inn, including special events, but to the. extent that the Commission
granted that request in any form, we appeal that action, as well.
Also in particular, with respect to the January 12, 2004 actions of the Planning
Commission, we appeal their recommendation that two guest rooms be allowed in the
carriage house, as well as their denial of corrections to noise, including the water heater,
lighting and parking problems.
The appeal of the Heritage Preservation Commission's
based on at least the following reasons:
T\FE 0
JAN 1 4 ~004
.
COMMUNITY DEVELOPMENT
DEPARTMENT
.
(1) The Heritage Preservation Commission acted without authority;
(2) The application included plans that were materially inaccurate and
misleading; and
(3) The Heritage Preservation Commission misapprehended the facts and its
actions misapplied the law, and failed to consider the impact of their actions on all
neighborhoods around each of the Stillwater bed and breakfasts.
The appeal of the Planning Commission's actions noted above is based on at least
the following reasons:
(1) The application included plans that were materially inaccurate and
misleading;
(2) The Commission's actions inadequately assessed the impact upon the
adjacent neighbor;
(3) The Commission's actions inadequately assessed the impact upon the all
of the neighborhoods around each of the Stillwater bed and breakfasts;
(3) The Commission's actions rewarded the Inn for its past and on-going
violations of its Special Use Permit; and
(4) The Commission's actions expanded the operations of the Inn so as to
double the number of guest rooms permitted for a Stillwater bed and breakfast.
.
We respectfully request that public comment be permitted on the issues at any
City Council meeting in which the appeal is reviewed. If the Commissioners have any
questions with respect to our concerns, or the appeal, we welcome their contacting us.
Sincerely,
~/o/
P~~iE. Lacy -IJ~ d
/. i . ,.
/. did t/
Xl'a- h Murphie Lac f
.
. ,
.
.
.
Paul and Judith Lacy
318 West Olive Street
Stillwater, Minnesota 55082
February 3, 2004
Stillwater City Council
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
Dear Council Members:
Because of the Andersons' bold attempt to illegally expand their hotel operations
at the Rivertown Inn, we find it necessary to write.
I. INTRODUCTION
The Andersons have brazenly ignored almost all of the conditions of their Special
Use Permit, and now flaunt that disregard. Not only are they asking this Council to
retroactively ratify their repeated violations, but in fact, they have the audacity to ask that
their activities be expanded far beyond anything permissible.
When the Andersons initially contemplated running the Inn, they asked us to
discuss the matter with them. We sat on their patio, and reviewed what they intended to
do. We expressed our concern that the noise and activity levels had increased, and
inquired of their intentions as owners. They said they would not have any guests in the
carriage house, would shield the Inn visually, and would reduce the noise. The
Andersons unequivocally stated that they would not increase the use beyond what the
Doughertys were permitted to do. With that promise, we were excited to have them as
owners, because they had the means to, and interest in, maintaining the Inn.
However, our fears have now been realized. Their operations no longer resemble
a Bed and Breakfast. They are operating a hotel, in violation of state law, the City Code
and their own Special Use Permit.
II. FACTUAL BACKGROUND
A. Procedural History
The Inn was grandfathered in as a Bed and Breakfast with nine guest rooms in the
main house. The Doughertys repeatedly sought to expand the operation to include guests
in the carriage house, and were resoundingly and appropriately prevented from doing so,
by both the Planning Commission and this Council.
.
.
.
Spring of 1987 Dickie Anderson owned the Rivertown Inn, and the Doughertys
were in the process of purchasing it.
At that time, with Anderson as the owner, and the Doughertys as
the applicants a request was made (CUP/87-16) for a B & B with
9 rooms and 18 guests.
May 5, 1987 The City Council granted the request for a B & B with 9 rooms
and 18 guests, subject to a list of conditions that is recited almost
verbatim in the current conditions.
September 14, 1988 The City Council adopted the ordinance that governs Bed and
Breakfasts in Stillwater. See Exhibit B.
Spring of 1989 The Doughertys submitted a request for a Special Use Permit and
Variance (SUPN/89-30) to renovate the carriage house into
personal living quarters with two B & B guest rooms, a deck, and
carport.
May 8, 1989 The Planning Commissioners unanimously denied that request in
its entirety. The commissioners stated that they did so in part
because of the "effort made in writing the Bed and Breakfast
ordinance. "
June 6, 1989 An appeal of that denial was heard by the City Council, and again
the request was denied.
June of 1989 Subsequently, the Doughertys submitted another Variance
Request (V/89-37), to add living quarters and one guest room to
the carriage house.
July of 1989 That request was also denied by the Planning Commission,
because the commissioners concluded that there was no
significant difference between that request and the one denied in
May 1989.
August 1, 1989 That second request was also appealed to the City Council. After
public hearing, the Council did the following:
1) It denied the request to remodel the carriage house.
2) It approved the exterior design only of the carriage
house.
3) It denied the request for one Bed & Breakfast room to
be placed in the carriage house.
September 5, 1989 That approval was reviewed by the City Council on September 5,
1989, to add an entryway, deck and carport, and live in the
carriage house. As a condition of approval, the Doughertys
agreed to combine the three lots that included the Inn and carriage
house, and provide sewer and water services to the carriage
house, that were to be designed in accordance with the Public
Works Director's requirements. At the meeting, the Doughertys
stated that they only wanted to finish the upstairs of the carriage
house in order to have a place for their girls to play. The request
was approved.
2
.
When the Andersons purchased the Inn, they applied for a Special Use Permit to
continue the operation of a Bed and Breakfast. The Planning Commission approved that
request, subject to all of the conditions that the Doughertys had had. The Andersons
agreed to those conditions, and subsequently signed the Special Use Permit, on
September 24, 1999.
Shortly thereafter, the Andersons began various construction and renovation
projects. There has been continuous and ongoing construction ever since.
B. The Andersons' Violations
We live immediately to the west side of the bm's property, at 318 West Olive,
Street. We also own the properties immediately adjacent, at 322 West Olive Street, and
211 South Sixth Street, which are each leased to a single family. As such we tolerated
the construction as best we could, and tried to resolve issues, as they arose. On Easter
weekend, two years ago, we heard a loud rumbling noise coming from the Inn. We
immediately called the Andersons and the manager, because we thought that something
must be terribly wrong with the furnace.
.
Later, Jeff Anderson called to tell us that it was "merely" the noise of the new
A.O. Smith, CYCLONE model water heater. We attempted to resolve the matter, but the
Andersons made no meaningful change, and refused to replace it with a normal water
heater. Every time that it went off, it would disturb us. It was so loud that it even woke
us at night. Jeff instructed us not to call him anymore. At that point, the Andersons had
decided to cut off all of our efforts to resolve the matter.
We filed a complaint with the police, on June 21, 2001, and spoke with Dave
Magnuson, as well. The police monitored the noise level, and decided that it was just
barely under the level necessary to declare it a public nuisance. As a result, nothing was
done, and nothing changed, until an hour before the Planning Commission hearing on
January 12,2004. At that time, Jeff Anderson promised to put a new "muffler" on the
water heater, and said that he would move the actual vent pipe, so that it vented out the
north side of the Inn, under the office, if the "muffler" was not to our satisfaction. He
even offered to put his promise in writing, but unfortunately we took him at his word.
On Monday, January 26,2004, we informed Jeff Anderson that the noise was still
too noticeable. On Friday, January 30, 2004, we met with Jeff Anderson, and again
requested that he move the vent, as promised. He replied by asking for the first time, "If I
move the vent, will you withdraw your appeal to the City Council?" We immediately
asked him if he would also withdraw his appeal, and he said that he would not. Nothing
has been done to the vent, since that time. We can only hope that Jeff Anderson will
honor his word, soon.
Since that time, the Andersons have continuously violated the terms of their
Special Use Permit. In fact, the violations increased in both number and scope. As a
. consequence, of the fifteen conditions in the Special Use Permit, the Andersons have
3
.
violated at least eleven, to say nothing of the violations of other strictures in the City's
Code.
Conditional Use Permit Violations:
The City's Condition No.3. "The permitted shall comply with all Health, Fire and
Safety Rules and Regulations of the State of Minnesota and the City of Stillwater."
The Andersons' Disregard. The county's last health investigation listed numerous
violations.
The City's Condition No.4. "That a maximum of nine (9) bedrooms and eighteen (18)
guests per day shall be accommodated at the facility at anyone time. "
The Andersons' Disregard. The Andersons have added "former guests" and "friends of
guests" to the list of the many who may come to dinner. Jeremy Iggers reported in the
Star Tribune, on December 11,2003, that special events are open to the public, and the
St. Croix Valley Press, even stated that the Inn's meals were available to non-guests,
including monthly wine dinners, in an article on January8, 2004, by the Phantom
Gourmet. Copies of the articles are attached as Exhibit C.
The City's Condition No.5. "No bedrooms other than those used by the owner or
approved manager shall be used for permanent residence."
The Andersons' Disregard. The Andersons had their cook staying in the Carriage
House on a permanent basis, for months, in addition to the caretaker.
.
The Chis Condition No.6. "On sale wine license must be obtained to provide wine for
registered guests."
The Andersons' Disregard. Wine has been provided to many other persons besides
registered guests.
The City's Condition No.8. "Meals may be served only to guests of the facility."
The Andersons' Disregard. Meals have been served to many besides guests. In fact,
the availability of meals has even been promoted in newspaper articles.
The City's Condition No.9. "Receptions or business meetings are permitted for
registered guests of the facility."
The Andersons' Disregard. Many meetings and receptions for non-guests have been
held, including receptions for hundreds who toured the Bed and Breakfast.
The City's Condition No.1 O. "That all guest parking shall be provided on site with
assigned parking for each guestroom and owner/managers."
The Andersons' Disregard. There is no assigned parking, and insufficient spaces to
accommodate the onsite manager and the guests, let alone the chefs, and waiters and
waitresses.
.
The City's Condition No. 11. "There shall be no additional external lighting of the site or
residence. "
4
.
.
.
The Andersons' Disregard. I This is another one of the most flagrant and repeated
violations. The lighting has been changed tremendously, including but not limited to (1)
the new lights for the sign in front; (2) lights on the front fountain; (3) higher intensity
lights on the front porch; (4) lights on the waterfall and pond; (5) lights on the mermaid
fountain; and (6) even floodlights aimed at the entire west wall of the Inn.
The City's Condition No. 12. "The existing Rivertown Inn sign is approved with no
additional signage or change in signage allowed without City approva1."
The Andersons' Disregard. The sign has been changed by repositioning the sign and
adding more lighting.
The City's Condition No. 13. "The premises shall not be used as a rooming house,
boarding house, hotel or motel. "
The Andersons' Disregard. The premises were used as boarding house when the cook
stayed there, and is currently being used as a hotel, complete with a restaurant that serves
a four-course breakfa~t, as well as a five-course and even a nine-course dinner.
The City's Condition No. 15. "No alteration to the exterior of the Carriage House shall be
made without City Council approval."
The Andersons' Disregard. The outside of the Carriage House is being extensively
modified without City Council permission.
c. The Andersons' Present Reauest
The Andersons presented a request to the Planning Commission to add even more
structures, to completely alter the exterior ofthe carriage house, to remodel the interior of
the carriage house, to offer dinner to others than registered guests, to hold weekly events,
and to even have two guest rooms in the carriage house. All of this was represented as
being things that the Andersons sought to do in the future. That was a lie. The
Andersons had already been serving dinner to those who were not guests. The Andersons
had already hosted numerous events, for non-guests. The Andersons had rented rooms in
the carriage house to guests. The Andersons were even so brazen as to begin the
construction on the carriage house, without ever presenting the matter to the City
Counci1. All of this was in flagrant disregard of the conditions and restrictions in their
special use permit, and in violation of the City's Code.
In fact, even after the Planning Commission denied the request for a restaurant
and special events, the Andersons still ignored that ruling and have already had another
event. On January 12,2004, the City Planning Commission denied the Andersons'
request for permission for dinners and special events. However, ten days later, on
January 22, 2004, they went ahead with another special event, resulting ill cars parked 011
both sides of Fifth Street, as well as 011 Olive Street. This event had even been promoted
in the S1. Croix Valley Press, on January 4, 2004.
5
.
.
.
III.
DISCUSSION
A. Zonin2 Ordinances and Controls
Minnesota state law provides the authority for the City to enact zoning
ordinances. Minn. Stat. ~~ 462.351 et seq. Pursuant to that authority, Stillwater has
enacted its zoning ordinance, City Code ~ 31 ~ 1.
Under that authority, there are certain limitations and constraints upon special use
permits, especially when the permitted use is a nonconfomling use. At the Planning
Commission hearing on this matter, the Commissioners repeatedly questioned why they
were dealing with a supposed Bed and Breakfast that had almost twice as many rooms as
permitted Wlder the City Code. While the initial answer was that the number of rooms
used was that number in use at the time that the Bed and Breakfast provisions were
enacted, that is not the end of the analysis.
Today, the Andersons are asking the City COWlcil:
(1) to ignore all of their past and continuing violations of the terms of their
Special Use Permit and the effect of those violations on their ability to
continue operating the Inn;
(2) to ignore the limitations that the City Code and Minnesota statutes
place on nonconforming uses;
(3) to sanction an expansion of their nonconforming use to include a
different building; and
(4) to permit the Andersons to operate a hotel and restaurant in the middle
of a residential district.
1. The Violations Should Terminate the Permit Entirely
Minnesota state law limits the duration of a conditional use, such as the
Rivertown Inn, by allowing the permit to remain in effect "as long as the conditions
agreed upon are observed. . . ." Minn. Stat. ~ 462.3595, Subd. 3. The Andersons'
flagrant, repeated, and ongoing violations of the conditions of their Special Use Permit,
outlined above in Section II.B., warrant the COWlcil's revoking their permit in its entirety.
The Andersons are scofflaws, completely ignoring all of the conditions to which
they agreed to be boWld. The City carefully regulates Bed and Breakfasts, and the ability
to operate a Bed and Breakfast is a privilege, not a right. The Andersons have abused
that privilege. As a consequence, their Special Use Pennit should be revoked.
6
.
2.
The Nonconformin2 Status of the Inn Decreases the Number of
Guest Rooms
At the hearing before the Planning Commission, the Commissioners repeatedly
lamented the existence of such a large establishment, and wondered aloud as to how they
could be bound to accept such a great number of rooms in a Bed and Breakfast. What
they did not consider was that they were not so constrained.
Today, the City Code defines the parameters ofa Bed and Breakfast. The
Rivertown Inn was set up as a Bed and Breakfast before any such ordinance was enacted.
As a consequence, at the time that the Andersons purchased the Rivertown Inn, they were
permitted to continue the operation of the nine guest rooms that the Doughertys had
obtained permission to use. As such, the Rivertown Inn is a nonconforming use.
"Nonconforming use means an existing building, structure or use of land which do~ not
conform to the regulations of the district in which it is located." City Code ~ 31-1, Subd.
4. In this instance, the Rivertown Inn is located in a two-family district (RB).
The City Code clearly states that the Inn is subject to the subsequently enacted
zoning ordinance:
.
District changes. Whenever the boundaries of a district are changed to
transfer an area from one district to another district of a different
classification, the provisions of this subdivision [on nonconforming uses]
shall also apply to any use that becomes nonconfonning thereby.
City Code ~ 31-1, Subd. 9(1 I).
The Rivertown Inn was permitted to continue the operation to the extent it existed
at the time the ordinance was enacted. City Code ~ 3 I -1, Subd. 9. However, the City
Code places strict limits on the continuation of a nonconforming use. "A nonconforming
use of a building or premises which has been abandoned shall not thereafter be a lawful
nonconforming use." City Code ~ 31-1, Subd. 9(6). The Code then specifies that a
nonconforming use is considered to be abandoned "[w]hen the intent of the owner to
discontinue the use is apparent or one year after the use is discontinued. It City Code ~
3 I-I, Subd. 9(6)a.
At the time that the Andersons acquired the Rivertown Inn, it had nine particular
rooms that were utilized as guest rooms. From the outset, the Andersons decided to .
abandon the nonconforming use of a room on the third floor, by making it a part of
another guest room. Their stated reason was that guests would not want to stay in such a
tiny room. As a consequence, the Andersons were then limited to the eight remaining
rooms.
Over a year ago, the Andersons decided to abandon the guest room on the first
floor. Their stated reason was that there were no other bedrooms on the first floor, and
. that the area utilized as a guest room had historically been a part of the parlor. The room
7
.
was subsequently rejoined with the rest of the main parlor. As a result, the Andersons are
now limited to the seven remaining guest rooms in the Inn.
3. The Nonconformine: Status of the Inn Prevents Exnansion to a
Different Buildine:
The Anderson's request seeks permission to expand the Inn to the carriage house.
The Doughertys repeatedly attempted to gain permission for just such an expansion, and
both the Planning Commission and the City Council repeatedly denied them that request.
Now that the Zoning Ordinances have been clearly set forth with respect to a Bed and
Breakfast, the Council has clear authority to deny that request, based solely on that
ordinance.
However, that is not the only legal basis that requires the Council to deny the
Anderson's request. As described above, the operation of the Bed and Breakfast is a
nonconforming use. As such, the law clearly limits what may be done.
Extension. A nonconforming use shall not be extended to any portion of a
nonconforming building or structure.
Changes. No conforming building, stnlcture or use shall be changed to
another nonconforming use.
. City Cede ~~ 31-1, Subd. 9(2) and 31-1, Subd. 9(3), respectively.
The carriage house fonns the western border of the Andersons' property, and no
more than 20 feet from the northern border. However, the required setback is 30 feet on
the side, and 25 feet on the rear. Also, having a hotel and restaurant on the border of our
property would significantly reduce our property value.
4. Permittine: the Reauests Would Set a Precedent That Would
Require the Council to Grant Such Requests to all Bed and
Breakfasts in Stillwater
The Rivertown Inn is situated in the midst of a residential neighborhood, as are
most to the Bed and Breakfasts in Stillwater. If the City Council were to permit the
Andersons to carry on their requested activities, then each of the other ten Bed and
Breakfasts would be entitled to just the same permission. Such a ruling with respect to
the Andersons would have a far-reaching, and invidious effect on the neighborhoods
surrounding all Bed and Breakfasts in Stillwater, lowering property values in each
instance.
.
8
.
B.
The Minnesota Supreme Court has also Constrained the Authority of
the City Council
The City Code is not the only authority that the Council can rely upon in denying
both of the Andersons' requests. The Supreme Court of Minnesota has also held that a
City Council's authority is limited, as well. Frank's Nursery Sales, Inc. v. City of
Roseville, 295 N.W.2d 604, 608 (Minn. 1980); see also, Monson v. City of Duluth, C8-
00-140, at *3 (Minn. App. 2000) ("[T]he city council's discretion is limited by the terms
of the zoning ordinance. ").
The City Council cannot use its discretionary power to grant a Special Use
Permit, if that would negate the strictures set forth in its own zoning ordinance. Id.;
Honn v. City C?lCoon Rapids, 313 N.W.2d 409, 417 (Minn. 1981). The Supreme Court
of Mimlesota has also held that a variance may also not be used to permit a city council to
avoid the parameters set forth in a zoning ordinance, when the proposal relates to the use
of property. Slate, By Rochester Association of Neighborhoods v. City of Rochester, 268
N.W.2eI 885, 889 n. 1 (Minn. 1978) ("The proposed nonconforming use also could not
have been permitted through a variance. . . [A] variance may not be granted to permit any
use that is not permitted under the zoning ordinance. "); see also, Minn. Stat. ~ 462.357,
Subd. 6(2).
As a result, the City Council can rest assured that their denial is made necessary
by both case law and statute. It is unnecessary for the City Council to take sides in the
. matter, as the Council's ruling is foreordained.
C. The Amount of Comoleted Construction is Irrelevant
It is likely that the Andersons will argue that they should be permitted to continue
with their plans, because they have already spent some money in construction. However,
it has long been established that, because they began their expansions without the proper
authority, and with a permit that was improperly issued, their expenditures are their own
costs to bear. State ex rei. Howard v. Village ~f Roseville, 70 N.W.2d 404,408 (Minn.
1955). This result does not change even if the owner has completed a significant portion
of the project. Snyder v. City of Minneapolis, 441 N.W.2d 781, 792 (Minn. 1989)
(substantial progress on construction in reliance on permit still does not matter); Jasaka v.
City C?fSt. Paul, 309 N.W.2d 40, 44 (Minn. 1981) (construction was 90% completed).
This result has even been applied to prevent the owners from enjoining a municipality's
denial of a request and recovering damages. "While the result may be harsh, a
'municipality cannot be estopped from correctly enforcing the ordinance even if the
property owner relied to his detriment on prior city action.'" Mohler v. City of St. Louis
Park, 643 N.W.2d 623,638 (Minn. App. 2002) (quoting, Frank's Nursery Sales, Inc~ v.
City C?f Roseville, 295 N. W.2d 604, 607 (Minn. 1980)).
.
9
.
.
.
IV. CONCLUSION
We respectfully request that the Andersons be denied their hotel restaurant
proposal, and expansion and relocation oftheir guest rooms to include the carriage house.
The City Council should not adopt the Planning Commission's approval to permit guest
rooms, that were once in the Inn, to be relocated in the carriage house; thereby expanding
the Inn to include the carriage house. The City Counsel should not permit the Andersons
to offer meals to anyone other than guests. The City Counsel should not permit them to
hold special events. The City Council should not permit them to expand their
nonconforming operation to the carriage house. The City Council should deny all of their
building requests in their entirety. Finally, the City Council should require that the
Andersons bring their operation into full compliance with the existing Conditions of Use,
and provide the City Council and the neighbors with proof of that compliance for at least
a full year before the City Council and the neighbors are forced to again address any
request by the Andersons.
In the first instance, granting such requests would reward them for totally
ignoring the strictures of their own Special Use Permit. Second, granting their requests
would fly in the face of the purpose and effect of the City Code. Third, if the Andersons
were permitted to ignore the City Code in the manners that they suggest, it would
establish a precedent that would virtually force the City Council to grant the same to all
ofthe other Bed and Breakfasts in Stillwater. Finally, overarching the entire matter are
the rulings of the Supreme Court of Minnesota that require the Council to deny the
requests.
Personally, granting the Andersons' requests would destroy our privacy; eliminate
any peace and quiet we have; and substantially devalue our property; all for the benefit of
the owners of a nonconforming Bed and Breakfast that the Andersons greedily wish to
run as a hotel and restaurant.
Sincerely,
<J
Paul E. Lacy
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Page 1 of 2 2/3/2004
(6) Bed and breakfast. The city council recognizes that bed and breakfasts
are an asset to the community and help the preservation of historic homes
because the expense of owning and maintaining historic homes has made
them less suitable for single-family dwellings. Conversion of historic houses
into multifamily uses is usually determined by the neighborhood where it is
located. It is therefore the intention of the city to limit bed and breakfast uses
to those homes where the use would benefit the surrounding area by allowing
appropriate adaptive reuse of historic dwellings. Bed and breakfasts are
allowed by a special use permit in RB and ReM zoning districts as regulated
in this section, subdivision 13(1)c and subdivision 14(1 )c, subject to the
following conditions:
a. At least two off-street parking spaces must be provided onsite for
the owner or manager and one parking space for each room bed and
breakfast unit. The parking spaces must be signed and the parking
plan approved by the community development director.
b. The dining facilities must not be open to the public and must be
used exclusively by the registered guests unless allowed as a separate
permitted or special use.
c. Bed and breakfast uses in residential areas must be located at
least 900 feet apart (approximately three blocks).
d. An identification sign not exceeding four square feet may be
located on the site. The sign must match the architectural features of
the structure.
e. Bed and breakfast establishments are prohibited in all other
districts.
1. The bed and breakfast structure must be at least 100 years old or
show proof of historic significance to the city.
.
.
g. The maximum of five bed and breakfast guestrooms may be
established in a structure. The following lot and structure size criteria
determines the number of guestrooms allowed:
TABLE INSET:
.
Maximum Original Maximum Gross House Size Minimum
Number Number of Not Including Basement Zoning
Guestrooms Bedrooms in Square Feet Lot Size
Permitted in Square Feet
1 2 Up to 2,499 7,500
2 3 2,500-2,999 10,000
3 4 3,000--3,499 10,000
4 5 3,500--4,999 15,000
5 6 5,000 up 20,000
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.
.
.
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Maximum gross house size is determined by using the total
square footage of habitable living space within the structure.
The number of original bedrooms in the structure will determine
the number of guestrooms that will be allowed. This
determination will be made by the heritage preservation
commission. 'In the case of a family with children the family's
bedroom use must be determined before the number of
permitted guestrooms are determined, and no family member
must be displaced for a guestroom.
h. Adequate lighting must be provided between the structure and
parking areas for safety contiguous to residential structures.
i. Additional external lighting is prohibited.
j. An establishment must show proof of city building, fire and
planning inspections, proof of operation licenses by the county and
must submit the state sales and use tax number for their business to
the community development department.
k. Restoration or additions must meet the Secretary of Interior's
standards for rehabilitation.
1. All bed and breakfast special use permits must be reviewed
annually by the community development department. A report must be
submitted to the planning commission and city council during
November of each year.
(Ord. No. 681, 9-14-88)
http://livepublish.municode.com/13/1pext.dlllInfobase47/1/59aJ5a4?fn=document-frame. ht...
Page 1 of2 12117/2003
.~b;~ CIlIIIt.ltiou
Counter Intelligence: Rivertown -- only one reservation
Jeremylggers
Star Tribune
Published 12/1112003
The Rivertown Inn in Stillwater offers one of the area's finest dining experiences -- if
you can get a reservatlon.
Chef Patrick O'Toole and his wife, pastry chefRonna Kriesel, offer a five-course tasting
menu for $65, or nine courses for $100, with an accompanying flight oftive wines for
$35. O'Toole, a San Francisco transplant, works in a precise and delicate style
reminiscent of Chicago's Charlie Trotter.
Courses can range from sauteed marinated shrimp served over a salad of blue ballet
squash, pomegranate and pumpkin seeds, drizzled with saffron oil, to sauteed chanterelle
mushrooms served over a celeriac puree with toasted pecans in a black truffle broth, each
ex.quisitely presented.
The setting is blushingly romantic: the parlor and music room of a restored Victorian
mansion. Service, at least on slow nights, is provided by the chefs themselves. The menu
changes nightly, and special dietary requests are cheerfully accommodated.
. Trouble is, the Rivertown Inn dining room isn't open to the public -- wen, not exactly.
Dinner reservations are available for past and current overnight guests at the inn, who
can, in turn, invite their friends. Or you can just take your chances and call (651-430-
2955).
The Inn also holds special events that are open to the public, including an eight..course
New Year's Eve dinner featuring foie gras, caviar, truffles and lobster ($100, plus eight
wines for $45). Wine dinners are scheduled for Jan. 22 and Feb. 12. All events are by
reservation only.
COUNTING CARDS
TGI Friday's has teamed up with Atkins Nutritionals to offer a variety of Atkins-diet
approved low-carbohydrate menu items, including a grilled chicken Caesar salad and
chargrilJed salmon fillet.
DINKYTOWN MASALA
.
EXHIBIT C
T.H.E P.H.A.N.T.O.M G.O.U.R.M.E.T
.
-
~..
Take a glorious
trip backwards
. .
In time
by the Phantom Gourmet
.
I'm kind of an expert on Bed
and Breakfasts. I've tried lots of
them, and they don't always
match the pictures on the Web
site.
Most have chintz fabric and
wicker in common, but each is
unique. A Wisconsin favorite
was decorated in cheap brass
and all things strawberry. In
New Orleans we found a bed
that broke when we sat on it
and a toilet that wasn't screwed
down to the fiool: Hawaii treat-
ed us to pillows that smelled
like old sweat socks and a host-
ess who thought skin diseases
were a tine breakfast conversa-
tion topic.
So, you'll nnderstand if I
wasn't especially eager to bed
down at the Rivertown Inn in
Stillwater. We were invited to
spend an evening the weekend
before Christmas, for dinner
and a room at the Inn, but that's
a very busy time of year. Our
presents weren't wrapPed, we
had parties to prepare for ...
could we take the time?
We decided to squeeze it ill.
Arriving at the Inn on Olive
Street, we were gr~eterl by
?~ ~~~~n~~~~t~~
listening to a pianist play
Christmas music in the parlor:
We still bad a while until din.
ne~ so I decided to close my
eyes for just a minute on the
down covers of the beautiful
antique bed in or room. An
hour later, I realized I needed
this mini vacation more than I
was willing to admit.
Dinner at the Rivertown
Inn, prepared by chef.q Patrick
and Ronna O'Toole, is available
for guests. We were seated in
front of the fire in the the
lounge for a five course tasting
menu, just the two of us at a
table with a fleet of stemware
and silver. I'd never seen quite
so many forks before. but made
a mental note to work from the
outside in and see how I came
out.
First, we were presented
with an appetizer of pare on
toasted brioche with cham-
pagne jelly. That first bite of
smooth, rich pate, and cold, tart
jelly tipped us off. This would
be no ordinary meal.
Ronna described each
course along with its paired
winE!. From tt1e sauteed mari-
nated shrimp served on a
.....1....,......... .....,l~~ .....f" ...-..,... ;...1.;"...._,.,.
The Rivertown Inn
306 West Olive Str~t. Stillwater
www.rivertowninn.com
651-430-2955
Rates: For two. $175-$275 includes breakfast and social hour.
DInner: r/V& CCJUTSe tasting menu $65 per person.
wine pairings $35 per person.
Other meals ares.vaJlsb/e. Including monthly
.. wine dinners, for non guests.
clock, they roused us in time the staff brought around cham-
for a nice jacuzzi before break- pagne. Those cute little seckel
fast By 9:30, we worked up the pears appeared again, this time
appetites we had hoped would poaChed and served with
reappear and joined the other cream. Next, came a small bowl
Inn guests at a large table in the of granola served with warm,
dining room. Chef Patrick was cinnamon- infused milk. The
back at his post, this time Rivertown Inn's French Toast
preparing an innovative multi. was garnished. with whipped.
course breakfast. The table was cream, banana slices and
set ~ith carafes of orange juice chocolate maple syrup. Next. a
and baskets of fresh muffirt.s as puff pastry roulade of sausage
and mushrooms was crowned
with a poached egg. herbed
chevre sauce and served with
an unusual, mild and smokey
bacon. Like the evening meal,
portions \lITere small enough to
enjoy all the courses without
pain but large enough to feel
satisfied.
As we packed our bags to go,
I read the guest book in our
room. I noticed that many peo-
ple use the Inn for anniver-
saries, special birthdays and
honeymoons. Of course, it
would be perfect for those, but
any day spent enjoying the
treasures of the Rivertown
Inn's antiques and expertly
crafted cuisine, exploring
Stillwater with its other archi-
tectural gems, or just sinking
into a good bed with a great
book and pretending it's 1900
and this grand home is your
very own.
That, too, would be a flaw-
less experience.
WEDDING
SHOWCASE
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US for a quick tour. He
explained that the building had
originally been the private
home of a lumber baron. then
an apartment building, a teen
shelter and finally a B&B. Jeff
and his wife, Julie, bought it
four years ago and planned. a
leisurely restoration to its orig-
inal splendor. Fortunately, it
seems the Andersons don't do
leisurely very well. They dug
right in, and with the help of
interior designer, Ed
Hawksford. set about making a
masterpiece.
Each of the nine guest
rooms is named for a 19th cen-
tury poet, from Longfellow to
Lewis Carroll, and is decorated
with rich, dark tones, antiques,
tapestries and velvets. A gas
flreplace, jacuzzi for two, fIne
linens and custom bathrobes
are more evidence of the
thoughtfulness both in design
and for the comfort of guests. It
quickly became apparent that
this is more a passion than a
business for the Andersons.
For example, while visiting
Seattle, Jeff found an enor-
mous piece of salvaged reli.
gious art. Thinking it would be
right for the lounge, he had it
shipped to Minnesota. It is mys-
terious, beautiful, intriguing,
and like all of the treasures at
the Rivertown Inn, exactly
right. Jeff pointed out the car.
riage house, which is in the
process of being restored.
There, a suite named for
Agatha Christie and inspired
by the w-arId famoUS Orient
Express. will be finished in the
spring.
After check-in, we enjoyed
appetizers of cheese, fruit ami
pate with a trio of wines whilc:!
.
uc:u.~u :u,u .LUllJ 0'1;;40 Y1WU V,U. C'\
clever salad of raw julienne
blue ballet squash with toaSted
pumpkin seeds and pomegran.
ate safft'on vinaigrette with
Ronco del Gelso Toeai, to the
dessert of Study of Seckel Pear,
a poached pear. pear salad and
memorable caramel ice cream
with Batasiolo Moscato d' Asti,
the meal was as sensuous as
the Inn itself. Rather than
describe every bite, (l encour-
age you to experience it for
yourself), I'll offer a few high-
lights.
The tart of sweet baby hal-
ibut with potato ragout, trout
roe and black trume fumet was
delicate and delightful. Palate
cleansers can often slip by
undetected, but the complicat-
ed Rivertown Ice - a sorbet
made of wine, with marvelous
taste layers of herbs and spices
- was like a spoonful of
Christmas. But, did we not love
the smoked and sauteed pheas-
ant with toasted barley butter-
nut squash ragout, toasted
pecans, and sherry glaze? Or
the seared cervena (New
Zealand venison), with nutty
celery root puree, chanterelle
mushrooms, and cranberry
chutney in black cherry bal-
samic sauce?
We did.
With each empty wine glass
swept away by the attentive
staff we spoke of them fondly,
and with increasing passion,
until V\.'C realized it was good we
had decided to spend the night,
because it was too far to walk
hOIll~, and d1iving was becom-
ing unwise.
We woke Sunday morning
to the church bells of
Stillwater. So much more fit-
ting than a modern ;tiarm
UUll
MARY KAY
!VIP ,\LL m6 \):-i TilL J)R1DL
Loo~ SiMPLY R~.D!."J" fOR YOUR Wf:DOING DAy; SCHEDULE A. FREE f.1f..~.E-(j/ER.
INiiT;: rOUR BRllJESfAl'iD5. YOUR MOM.
I CAN EV"EN t4ELP WITH GREAr GIFTS FOR YOUR WEDDING F.A,RiY, Ci-.LL ME TOD:\Y.
LAURA K. MILLER
SALES DIRECTOR,
MAfl.Y KAy COSMETICS
651-482.9159
www.marykay.com/laurakmiller
OWERS
ONEKA FLORAL & DESIGN
A European Marketplace of Fresh Flowers
Unique Wedding Designs
651-429-5308
DZ Photography & Visual Creations
"Your Day, Your Wayn
Photography shouldn"t have to be the mosl stresSful parr of your wedding
~1 I focus on you so that you can truly enjoy your special day.
Professional & Creative Wedding PhotograPhy
DID & VHS Slide Sbow PresentatioTlS
Call now for availability! 651-324-0373
l)e,llt, We~tern White Bear Country Inn <?5
Rudy s Red Eye Grill
651-429-5393
Newly remodeled ballroom, /iitrium peol !ires available for ~oci81 houre
before ':lou enter our elegant ballroom ror your dinner and dance,.
Total ~esting capacity for w~Ming rece.pt.ions is up to 500 people.
Conveniently located on Highway 61, \'ihite Bear La~e.
fOREST LAKE VFW 651-464-6827
RECEPTIONS 50 TO 500
EXCLUSIVE CATERING.WE WORK FOR YOU.
556 SW 12TH ST., FOREST LAKE, MN
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PLANNING APPLICATION REVIEW FORM
CASE NO. SUB/04-01
Planning Commission Date: January 12, 2004
Project Location: 1410 North Fourth Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicants Name: Corliss and Henry Thomas
Type of Application: Resubdivision
Project Description: Resubdivision of Lots 28, 29,30, Block 1, Wilkins Addition into
two lots.
Dlscussion:~~ The applicants are requesting a subdivision of Lots 28, 29 and 30, Block
1, Wilkins Addition into two lots. Parcel A - 8,062.2 square feet and Parcel B - 8,675
square feet, 7,500 square feet is the minimum square footage permitted in the RB (Two
Family Residential) zoning ordinance.
. Recommendation: Approval with conditions
Conditions of Approval:
L All revisions to the approved-subdivision shall be reviewed and approved by the
Community Development Director.
2. Drainage and utility easements shall be provided as required by the City Engineer.
Attachments: Application form, letter from applicant and site plan.
CPC Action on 1/12/2004: +8-0 approval.
.
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\
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Case No: \50%"tJ......
Date Filed: ~
Fee Paid: $/ r
Receipt No.: f91
ACTION REQUESTED .
PLANNING ADMINIS-. rtATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
....<x
Special/Conditi()nal Use Pern
Variance. .. ...... .
... Resubdiv1sion .IIf()()
Subdivision*
Comprehensive Plan Amendr
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application.
*An escrow fee is also required to offset the costs of attorney and engineering fees.
The applicant is responsible for the completeness and accuracy of all forms and supporting materi
submitted in connection with any application. All supporting material (i e., photos, sketches, etc.),
submitted with application becomes the property of the City of Stillwater. Sixteen (16) caples of
supporting. material is required. If application is submitted to the City Council, twelve (12) caples 0
~uPPQrting materialls~req_uired. A site plan is required with applications~ Any incomplete applieati
supporting material will delay the application process.
Address of Project 141lJ
Zoning District--16
PROPERTY IDENTIFICATION
4fII Ax /l/t). Assessors Parcel Nr>t:2j ~d'~
(GEO Cod
Description of Project
"1 hereby state the foregoing ~tatements and all data, Information and evidence submitted herewith
respects, to the best of my knowledge and belief, to be true and correct. 1 further certify 1 will camp
the permit if it is granted and used. "
Property Owner /JIfRs: (lOJ(L /C!iT ~ ~M~ Representative
Mailing Addl
Mr. Hemy E. Thomas
l410 4th St. N
Stillwater, MN 55082
Mailing Address
City - State - Zip
[
City - State .LI..,
5/-'73t:> -/7~Q
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Telephone No.
Signature
n1j.r,~ (Signature is required)
(d SITE AND PROJECT DESCRIPTION
Lot Size (dimen~ons) bS x/:z. 3 .~'f. . Total Building floor area square fe
land Area fie '2.. ~ ~. .,.1 · Existing square fee!...
Height of Buildings: Stories Feet Proposed square fee.
Principal Paved Impervious Area _ square feet
Accessory No. of off-street parking spaces
.1100amara\Sheila\PLANAPP.FRM May 1, 2003
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November 13, 2003
To Whom it May Concern,
We are applying for a minor subdivision of lots 28,29, and 30; block 1, Wilkins
Addition, Stillwater, Mn. into two parcels- Parcel A and Parcel B. Parcel A would be
sold as a lot for a single family residential home building site.
.
Sincerely,
Henry E. Thomas
Corliss A. Thomas
1410 No. 4th Street
Stillwater, Mn
.
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Folz, Freeman, Erickson, Inc.
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.
LAND PLANNING . SURVEYING . ENGINEERING
Easement for drainage & utility purposes located in WILKIN'S ADDITION, according
to the perfected plat of the City of Stillwater of record and on file in the office of the
County Recorder, Washington County Minnesota, described as follows:
The South 10.00 feet of Lots 28,29, and 30, of Block 1 in said subdivision;
The West 10.00 feet of Lot 28, of Block 1in said subdivision;
The East 10.00 feet of Lot 30, of Block 1 in said subdivision;
The North 10.00 feet ofthe South 70.00 feet, as measured at a right angle to the south
line of said Block 1;
The North 5.00 feet of Lot 28, of Block 1; The North 5.00 feet of the West 35.00 feet
and the North 2.00 feet lying East of the West 35.00 feet of Lot 29, of Block 1; The
North 2.00 feet of Lot 30, of Block 1, all in said subdivision.
I hereby certifY
that this legal description was prepared by me, or under my direct
supervisil)ll, and that I am a duly Licensed Land Surveyor under 1he laws
of the State of Minnesota.
jz:;~
Date
5620 Memona/ A venue North, Sell/waeer, MN 55082 . Phone: (651) 439-8833 . Fax: (651) 430-9331 . Websiee: www.ffe-inc.com
Bruce A .Folz, LS Timomy J. Freeman, LS Todd A Erickson. pi;
1939 -1001 President Vice Presidenr
Memorandum
.
To:
Honorable Mayor and Council
Kim Kallestad, Fire Chief ;~
January 29,2004
From:
Date:
Subject:
Fire Station Restroom Remodel Project
Larson Brenner Architecture has completed the plans and mechanical specifications for
the restroom remodel project. Based on the previous building code, plans were first
drawn for a major remodel project that would incorporate an existing hallway space into
the new set of restrooms for men and women. Recent changes to the building code
permit the project to be smaller in scope and cause less demolition of the existing
restroom. Another simpler plan has been developed. When completed, an accessible
women's restroom will be added to the fire station, and the current unisex restroom will
become a men's room and also be made accessible. The proposed plan is attached.
.
The men's room (existing unisex room) will receive new doors and frames, stalls,
lockers, and fixtures with some relocation for compliance with ADA. The new women's
room will receive a new floor, wall surfaces, shower, fixtures, and accessories.
Construction will take approximately one month, and is expected to be less costly than a
previous estimate of$96,000 (for the larger scope project) and within the budgeted
capital outlay amount of $76,000.
Recommendation:
Approval of a resolution approving plans and specifications and authorizing
advertisement for bids for a restroom remodel project in the fire station.
.
.
.
.
GENERAL ARCHJTECTURAl NOTES
3.
.ALL WORK SHALL 8E PERFORMEO IHACCOROAHCEWlTHTHE CUR'RENTl Y ADOPTED
EOrrlON OFTHE STATE OF MINNESOTAADMlNlSTRATI\iE CODE, U-lTERNATIONAL
aUILDINO CODE AND lOCAlElUlLDtNG CODES fl(f, ADM1NlSTEfl:8) BY THE lOCAL
GOVERNlNG BUILDING O-FFtCIALS.
TH E GENERAL CONTRACTOR-SHAll NOTIFY THE .ARCHITECT MlAeOl.ATEl V INWRITIHQ
OF ANY DISCREPANCIES 'tMTH THE CONTRACT DOCUMENTS OR-ElUSTING SHE
CONDITIO NS, DIMENSIONS JlNO-CONOITION$ DNTHESE DOCIJMENTS ARE 8ASID ON
PRE\JIOUS CONSTRUCTION DOCUMENTS AND DO NOT NECE$S.ed~JlY RffI RESENT .AS.
BUILT CONDITIONS. ilL CONDITIONS SHOUlD BE FlElQVERlFIED TO DETERMINE THE
alENT OF NEWWDRK.
THEEXISTING"fQUNOATIONAND STRUCTURAL FRAMING SYSTEJu1S SHAL BE
mspECTEO PRIOR TO THECOMMEHCB>AE:NT OF DSlADLlTlONAND New
CONSTRUCTION TO 'vERIFYT'HEIR SUITABILrry FOR THE ~EWCONSTRUCTrONAND
IDENTifY ANY CORRECl/\.t we RK REQUIRED TO AUGMENT OR ST AD1LIZE THE
80STING SYSTEMS.
THEBISTIND CONSTRUCTIONTHA.TIS lHOlCArEDTO REMAlN SHAll&E INSPECTED
PRIORTO THECOtutAENCButENT OF NE\nJ CON'STR'UcTION. lJNSUff.A.BlE MATERIA.S
DUE TO WATER DPMAGE INS ECT D#JMGE. 083 RPOATION, SETTLEMENT OR WEAR
SHAll BE REPLAcED As REQUIRED. THEGENERAlCOI'ltRACTOR SHALL NOTiFYTHE
ARCHITECT lMutEOIATElY INWFlITING OF EXISTING CONSTRUCTION REQUIRING
CORRECTION.
THE GENERA.L CONTAACTOR SHAlL COORDINATE-AND LOCATEAlLEllOCI<JNGAND
HANGERS REQUIRED FOR'THEINSl AllA.T10N,OF PLUMBING FlXTURES,ACCESSORIES,
GRAB BAAS. AND OTHER_COMPONENTS RBJ UlR1NG BLOCKING AND/OR HANGERS.
D8lAOLISHANO RBv10VEALl. EXISTING, CONSTRUCTION /'ECESSARY TO RECBVENEW
WORK REPAlRALt OI1MAGETO BUllDIN'G CAl,JSEO BY DEMOlrrlOHWORK
6.
GENERAL STRUCTURAL NOTES
BUILDING CODE
INTERHATIONA BUILDING CODE(IBC). LATEST ADOPTED EDITION
DESIG-NU\A;.lO.ADS:
fLOOR:
SEISMIC:
60 PSF
ZONE 0-f!Q SUMED
DESIGN MATERiAl STRENGTHS:
STRUCTURAL STEEL
RBNFORCING STE-a:
CONCRETE@SlAB-ON.GRME
CONCRETE UNIT MASONRY:
MORTAPlGROIJT:
COREF'llL CONCRETE- GROUT'
REINFORCED CONCRETE:
R8NFORCBJ CONCRETE: co NSTRUCTION SHAlL COMPL VVIIlTHTHE REO UIREMENfS
OF THE "B urLDING COOE RBJU1RBulENTS FOR STRUCTURAl CON'CRETE"(.AC131~).
ASTM A36
ASTM A615.-0 RPOE 60
f,c==4DOO PSIAT28 CAYS
ASlM eQO.'N. tm---2.150 PSI
ASl'M C270/ASTM C47fl. TVPEM OR S
f0:=3.o01) PSI, 8" SLLMP, 318"MINA(;GREGATE
CONCRETEMIX DesIGNS PR!:PARED BY AOUALIFfED READY-MIX CONCRETE
SUPPlIER-SHA!..l BE SUBMITTED TOTHE CONTRAC1'OR PRIOR TO POURfNG TO VERIFY
C-oNFO~.ANCEWITH THEOESIGN MATERlAl STRE:NGTH PERFORvt sTANDARD
CONCR!:TE CVlINDERTBTS fOR EAcHMIX DESIGN TO \'ERlfY28 DAY STREN(JTHS
AlLMINUM CONDUIT AND CAlCIUM CHLORIDEARE NOT P'ERMITTED INPOURED
CONCRETE
MAlNT~N THE SPOCJFIED SLABTHrCKNESS AI" SLOPED .AREAS~ REINFOR CE4" THI_CK
CONCRETE SLAElS ON GRADEIMTHFlQER REINf'ORCBltEtH AOOIII\4::. PRO\.toee;"
MINIMUM SAN[lIGRANUlAR BED Al AlL CONCRETE $LPB S ON 'GRM E.
~
MASONRY CONSTRU CTION $HAlCOMP L V)Jb1THTHEREQUIRBAENTS OF THE
"BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE".(JC,1530).
PROVlDE9 GA_GAl..V.ANeED OUR.(}.WJl. ~RIZONTALJOlNT REINFORCEMENT 16" OC
VERTICALLY.
RBNFORCe.:.tEHT ,S~UCES'SHALL BEAMINIMlJM 48 BAR DiPMI:TERS ORAS NOTED ON
THE DAA\MNO S.
CODE REIAEW" CURRENTLY A DOPTED EDITION OF THE INTERN'l.TIO~L BUILDING CODE
A:. DCCUPtNCYCLASSIFlCATJON
R'i!rJIOdeling alan uj~ing Group B OeOJpancymairrtainihgtheexisting ocoupanq. Buildingls
e-Quip~d luith-an auto~ic 'ft! 3prinlder system.
B: CONSTFiUCTlONTYPE
Type H-B
C: LOcATION ON PROP ffiT Y
S~par.Jlion conditiol'\s~ rntbeJng modi'fie-d.
0,
AlLOWA.BLE FI.OOR AREA
E-isting lIoor tI~a is not belng-modi'ed.
E,
HBGHT AND NUMeI:R OF STORIES
&iglog building 'Ieight is not befog mOdified.
F' MINIMUM PLUMglNG FACILITlES
Clrn!,additionalwmer dose! and la""-orysentng lhe,new,'lJ\bmen's Restroom 'Ro.om,137_t\a\o@
bE:el"! added. ,The rlurrber and type of plumbing btures in the M:!.n's Reg.:ro~ Poom_ 13eisr,ot
being modified.
.-~-,-..
SYMBOLS LEGEND
@ WINDOW Tl'P'E. SEE WINDOW SCHEDULE.
CD OOOR T\O'E. SEE OOOR SCHEDUlL
0- WALl CONS'J'RucnoN TYPE. SEE ROOM FINISH SCHEDULE
FOR SUEmTRATES AND FINISHES EACH SIDE
",. n.EVAnJN o..TUW
'+' D.fVA1lClN
(xx)-- CRIPE REf'[RENCf:
It ROOIl .- _ NlJN9EA
0 SErTION NlJMBER/IlIlAWI SHEEr NllMIlER
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(X\ DETAIL NUMSER/I>_ SIEr NUlIIlER
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PROJECT OWt-lERll.t-IDtOCP,TIC-H
OWNER
Cltvo1S1illwatef"
216 North 4" S1Net
Stlll.later, MN 55082
PROJOCT LOCATION:
CityofStillwaler
FIm OepartTT"lE!nt
115 North 4" SD-e~
Stllwaler,MNM082
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ASSOI8LY.
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WALL CONSTRUCTION TYPES
~ PARJJtI)N 'TYPE 1:
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FlNISH TtXlURE .tHO ~ 'AATTIRN TO WATCH EXISTING
GlAZED ...,.,..., UNlTS, WAlCH OQSIlNC CROUT.
~ PAR11T1ON TYPE 2:
3 r UllIIf ClNJCE UETAL ..-0 sp..em AT ,.. oc.
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<0> FURRINGI 1YPE t:
t r UCHT llAUGE lIETA!. FURRINC CHANNELS SPACED AT
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~~SIJ~~~~AND~:~f1= l&U
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~~ :'JR:=UU~5Hm
CEJUNGS, BRACE FRMllNO TO EXIS11NO
S11tlJCI'\IRE IS REQUIRED
DOOR SCHEDULE (Smtu'IT 'SHOP DRAWINGS FOR ARCHITE:CT APPRO\AL)
NO. UNtT OESIGt-Vl.Tl0N NOM'SIZE DESIGN HIJW NOTES
137 SlrmLEDOOR 3'.0'"Kt{l" SEE SPEC A PRI\I.ACY SET
138A SINGLE DOOR 3',O'"X7'{I" SEE-SPEC A PASSAGE S Er
138B SINGLE DOOR 3';D'''1'~. SE"SPEC A P^'SAG"SET
DOORHo,RDWl.RE N-OTES
HD. RIJiIoIARE SET A
1 HINGE SET:(3) BALL ,BEARING BUTT HINGES, SATIN STAINLESS FINISH
2_ BORED BATH S'8: SCHLAGEA.40S/tcCES SIB lE leVER HANDLE TO
MArCH EXISTING'_AS SElECTED.BY ARCHITECT'IlVlTH 626 FINISH, SEE
NOTB 'COLltVIN FOR PRIVACY OR PPOSAGES Er DESIGNR10N
CLOSER: LeN t~aT W1THSTANDAAD FINISH
DOOR AND F~ ME SPECIFICATIONS
INTERIOR DOORS: PlL I 1-lTERIOR DOORS SHA.~lBE NEW 13/4"\100.00 FLUSH DESIGN
SOLID CORE DO ORS \MTHPLAlN SLlCEDMAP"lE \.tNEER PREFINISHEDWITH NATURAl.
STIlIN FINIS HAS SELE:CTED 9Y ARCHITECT.
HOLLOW METAL FRAME:
6" JAMB DEPTH 16 GAUGE F18 SERIES fWlMEwrrHMANliFACTURERS STJ!f\IDARD
EJ{~TtNG WALLANCHORS BY STEaCRtfJ (OR EaUftlAS APPRO\.€:D BY ARCHrr~CT).
'Ilb1TH fACTORY PRIMED COLD ROLLED STE.EL FINISH _SLnTAB.LE FOR FIELD PAINT
fiNISH P ROVlDE OPTIONAl. 14 ,GAUGE ClOSER REI~F.oRCBu1ENT.
ROOM FINISH5CHEDULE
ROOM FINISH SCHEOULE NOTES
fLOOR FINISHES:'
1. EXISTING PORCELAIN CERMC'TILETHINSET-O\oER BOSTING CONCRETE
SlAB-ON-GRfCE CQNSTRUCTIO'N (NEW' SLA9-0N-GRADE-AT Sl:tOWCR).
REPLACE TILES AFfECTED BYD9.o10LITION. CLEAN AND PATCH Bt'ISTING
(}ROUi' AS R B1UIRED
2. PORCELAlNC ERJlMIC nOORTILETHINSET OVER NEW .oREl<ISTINCi
CONCRET E S LAB- ON,-GRADE CONST RUCTION- PER MANUF .AtTURER S
RECOMu'lENDATIONS.MATCH BUSTING TilE AND GROUT INROOM 137 81j8.
seE BA$E CONOo-IONS BELOW FOR TILE BASE RBl UIREMENTS
WAlL fiNISHES:
1. EXISTING GYPSLM B OM DwrrH P.AJNT-FINISI--( PATCH WHERE AFFECTED B Y
ADJAC~T Nf;'lNCONSTRUCTION. S POT PATC~ El(lstlNG oAMAGED ~EAS.ANO
PREP FO R.NEWPAlNr Fl~SH. PRO'vlOE NEW I:'A1NT f,INISH
2. ExlSTlt~G STRUCTURAl. .GLAZED fACI~G TILE FINISH, CLEANANO PATCH
EXISTING MORTAR
3. NEW OYPS_lJu1BOPRDWrrH LEVEL 4 SURFACEP REP AND PAINT FINISH
4 NEW STRUCTURA. GLAZED FPClNG TILE FINlSH.MATCH ExISTING .GuEED
FINISH AND MORTJlR
CEILING FINISHES:
1 EXLSTlNG GYPSLM B,O'AA.DWrrH PAJNT fiNISH; PAl'CHWHEREAf'FECTBJ BY
ADJACBH. NEWCON$TRUC1WN. SPOT PATCH El{!STING,IJ1!MAGEO .PREAS.
PREP-FOR NEWP.A1NT fiNISH. PRO\ltDE NEWPAtUT FINISH
2. 1'iIE\lb't.i,lS~ GYP-SUMB OAADWITH LE~L4 SU~FACE'PREP AND PAJNT FINISH
Q\JER UGHT GAUGE META CEILING RAFTER FRAMING PO RECUIRED FOR
SPANS SP,ACED AT lIS" OCMIt{!MLM
EXISTING ACOUSTICAL TILEP,NO SUSPENS!'ON GRi'D, REPl..AcEDPMtGE'D OR
STAINED ACOUSTICAL TILES
ELECTRIC SYMBOLS
DUPlDC E~ OlJ1\.ET, CEHTtRED ,r
. /111M. FLOOIl. ELECTAICAL Cl>II11W:IOR
stW.L PRCMDE OROUND FNA.T
INT'EFlRUPJ'ED aRCU1T OR DEVICE IS
RfllUIREI) fit CODE.
COUNnR HElCHI llOlJNml llUPlEX
.... ElLC11lICAL 0UllEI'. IoIDUNT COOmD ..'
/111M. flN\SH FLDOR. ELEI:IR......
CONlIlACT1lII SHALL pRCMDE CRO\JNIl
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B&O:
PROVl.OE4" HIGH STRAlOHTT1LE-9ASETO MATCH EKISTING ON DRYWALL
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2: NO BASEREOUIRED,WHERE STRUCTURAl GLAZED FACING TILEABUrS FLOOR
TILE SURFACE
PAlNTING:
~ EXIStiNG PAtInED DRVtRlALL SURF ACES SCHEDUL8) 'FOR" ANEWP AlNT 'FINIS H
SHALt RECEI\IE ONE COAT Be.tJ}~....lINMOOP.E fRESH.START ,100'"' ACRYLIC
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SURfACES
2: NantDRYtfifAI.LSURFJCES SCHEOU(8) FOR A PAJNT fiNISH SHAll RECEWE
ONE COAT B EN.ltMIN MO DRE.ECOSPEC-PRIMER SEALER AND nnro COATS
BEt-lIPMINMOORE ECOSPEC SEM1.GLOSS ENAMEL PAINT FINISH IN COLOR AS
SELECTED BY ARCHITECT FOR WAtLAND C'SLlNG 'SURFACES
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BRENNER
ARCHITECTS
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GENEJl.IlL CON'T'RlCfOR NOTE:
lHE CDIERIL. CONTRACTOR
StW.L CDOROINAlE AND lllCAlE
ALl. BLDCKINO AND ..w.IQERS
REQUIRED FOR 1HE IN5TAI..1.ATlON
OF MMBlNG FlXTVRESt
"""""""'IES. GIWl _ AND
0'f"tIER COMPONENTS REQIJtRING
!l.0CI<IH0 _10ft tw<CERS.
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TOILET C.oMPARTMENTS A,NOl.oCKE~S
3"-2"
b
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SHOWER CUIltCI.E HEADRAIL
WI IHlIIlRAL CURTAIN mcK.
lIIM<lESS srm. WAll.
lROa<ElS ...... END
FlOOR llOUIIIEll ~
BRACED TOILEr COUPNmIEHT
... ..... SlNGlL nER
LllCI<ERS, , tHUS
1- THIQ( X 1&- 'MDE X 4'--0- LONG
CUSTOt.l HOPE lOCklR SI<<lF MSE
wmt 1- ntlCK HOPE om SUPPORTS
AT EACH END. PRCMDE AI..lMNUM
"L' EI'IACI<EIS ALONG IIIODE FH:E
AT EACH END NrI) CONnNUOlJS
ALONG UNDERSIDE OF SHElF. MOUNT
10 TOILET' COYPNnWDfT PANEl. IS
PER WFRS RECOMMENDATIONS
eo" HIGH 1WO 11ER
UlOCER. , 1KJS
~ ~RN~(MR~ WI
Pr 2lU CURB CONSTRUC1lON AND
'1'" PI" Pl'YWOOD CAP
T.oILET C.oMPARTMENTS
TOILET C.oMPARlME:NTS IN ROOM _139 SHAlL9EHDPE F:L.o.oR-M.oUNTEO .oVERHEAD.
BRACED T01LET.COMP.ARTMENTS IN STALL DIMENSIONS.A$ INDICATED BY SANTANA
PLASTIC PR.oDUCTS 'WITH MANUFAcrURERS STANDAROACCESSI8LE HPROWARE,
INTEGRAL HINGE AND CONTINUOUS WALL BRACKErS. PR.o'vtOE .oPTI.oNAL STAINlESS
STEEL PILASTER S H.oES. COLOR-SHAlL SEAS SELECTED FROM MANUFACTURER'S
STJlNDARO C.oLORS BY ARCHfTECT.
URINAL PRIV....Cr' S-CRE.EH
URINAL PRIVACY SCREEN IN' ROOlut138 SHALL B,E-HDPE WALL-tt,tOlJNTE'O UR~NAl
PRIVACY SCREENAS INOICJQ'ED BY SANTANA PLASTIC PROOUCTSVlATH
_MANUFACTURER'S STANO',MO CONTINUOUS WJllL BRACKETS. COLOR.SHALL,BEAS
SElECTED FROMMANUFAGTURER'S STANDARD COLORS BY ARC HITECT.
SHO'iNER CUBICLE HEA DR.o.IL \MTH INTEGRAL CURTAINlRACK
SHOWER CUBICLEHEtoR~LS \MTH II'lT83RAl CURTANTRACK SHALL BE
MANUFACTURER"S STANDMDm LENGTHS M3 REQUIRED\MTHALLMINlM WPU
BAACKETS AT EKH END AS, SUPPLIED BY_S.A.NT~APLASTIC PRODUCTS,.
LOCKERS
LOC~RS IN ROOMS 137 AND 13S-SHALlBE 12" VIJIDEX 15' DEEP: HDP'ELOCKERS BY
SANTANA PLASTIC PRODUCTS'IN CONFIGURATIONS P6 INOICATED\IlJITH
MA.NUfACTURER'S STANDPRD ACCESSIBLE HARlMfARE LOCKER FRONTOP ~ING
PArrERN~D lOCKER COLOR SHALL BE AS SElECTED FROM MANUFACTURERS
SrmDARD COLORS BY ARCHITECT.
c- w.. _....-m
,'-0"
'-3 1/2'
30" HORIZONTAl..
GIWl "'"
2'-11
nLE WE
0~ 131. EA&T ELEYATION
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PIPE SHROUD. EXltHD SHROUD
NJfNE ANISHED CElUNO AND
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24- VERT1C.AL
GR.\II "'"
24- HORIZ()trl'f.o1l.
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[XO SI'RUCTlJRAl.. GLAZED FACINC
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4- WIDE oom\N lHRESHOLD
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MATCH nLE AS SEUCTED BY
NlCHl1tCT
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't-r........t.-.;~ 'IrLla.1J'IClAo:rICURI..f.l"'0Q~~"'"'I-RI:.CU~D
C'r"PSIJM ao.w> TERMINATES
AT FACE OF DOOR FRAME "T
DOOR OPENING RE1\.IRNS
18- VERTICAl
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42- HORlZONTN...
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SURFACE YOUNTID
TOILET PAPER DISPENSER
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ACCESSIBLE FOLDING
SHOWER SE'AT
0~IlTAU.ELEYATlaI
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SHOWER CUBQL HEfDRM..
WI ,......... CURTAIN TlW>I<.
srAINLESS S'T[El. ItfU.
eRN;KETS EACH END
V/IHfr( UOHT FlXTURE.
sa: ...0
RECESSED PAPER TUWEL
DISPENSER AND WASTE
RECEPTACLE. ACCESSIBlE Hr.
SURFACE WOUNT'ED
""""'R
ACCESstBlL WALL MOUNTED
LAVATORY' WITH SHROUD
P1I'EPROTB;11ON
80- H1CH SINGlE TIER
LOCKERS, 3 THUS
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11LE El'oCKER IlOAllO SlJESlRAlE W/
PI' 2X4 CURB CONSI'RUCllON AND
3/4" PT PLVWCXlO CJiI'
Nom
OWNER SHALl. StJPPlY AND
INgrN.L SURFACE WOUNTED
5O'IP DISPENSER AT RIGHT 51DE
Of MIRROR lOCATm CEN'ltAED
...- NfDtIf. F1NlSHED MOR
NEW OR EKG smucruFW... CWED
FACING mE WAIl. FlNISH
12- HORtzONTAL
GIWl "'"
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SHOWER SEAT
LARSON
BRENNER
ARCHITECTS
IIJ7JK111HftI.R1HnEJ
S1IJ.IA1ER. IONS01l
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WALL CONSTRUCTION TYPES
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OI..AZED WSONR'f UNITS. WAlCH EXISTING OROUJ.
~ PARTmON TYPE 2:
3 r UGHf CWJGE l.4ETAl F'R.fMING SPACED AT 1 S- DC.
= U~~~=: = ~z:r ~L&tl 4
~ FURRINQ TYPE ,:
1 r LJGHf ~GE .METAL F'URRING CHANNELS SPACED AT
~~~:6J..a:~:=~~~1$H.
~ FlJRmNQ T'f'P[ 2:
r UOI<1' CAL<lE llEl'AL FURRDI. C>W<NELS SPACE AT ""
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comOR
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PATCH EXIS11NC DRtWALL
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DEMOU1'lJN AT SHOWER
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~
REFLECTED CLG PLAN NOTES
.. EllCT1IICII. DEVICE SWlTt>I. (3) DENOltS 3-WAY swm:HING
OF FDC1VRE(S) WHERE INDlCATlD
0 CElUNCI RECESSED UQH1' F1XTURE. SEE RD1..EC1m CEIl.JNQ
Pl.JH FOR AODfT1ONAL INFORIIWIClN AND SWJTCHNQ
cb WALl. SURf"ACE t.PJNTED UGHT F1lCNR[. UGHTOL.JeR HEUOS
5412 PC WOUNTm HORIZONTAL1.Y. SEE 40
I I ElII..... RErolSED FI.LJalfSCE>IT UGH! F1XT\lIIE, \WNTAIN
EXIS'TlNQ OOURES WIRING AND SWITCHING
~ 12)(12 HVAC S"I'STDI SUPPLY AIR CEILING DIFfUSER
lOCATlON, COORDIt-WE DUCT ~l1ONS wrTH UQofnNC
/ 12X12 HVAC S'I'STElI EXttW$J' FAN CEUJNO DIFFUSER
lOCATION
..- ~l1C SPRINKlER SYS'J'D,( EXPOSED SPRINt<L.E;R HEAD
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.
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1. stI WEDfIIICAl KEY NOTES.
2. fi somus f7.R Nal.
1 DIIS11IlGIS__
" ID IS _ SlUt
5. fIlW.NtC[ AS ~ ACCtIUtQ..Y.
I. AllID Pl..-c f1X1lIlES SHAll HAIlE 9lIT-lfTS.
7. AllllFFll'lRS SHAll HAIlE __
I. All GRWS SHAll HAIlE ""'" IlIWT -
9. !IE SI'ttFlCA 1l(JlS FtIl lXJI>\EIE PROLCT Sll7'E.
,0. TIIS _ SHAll 9E ICI'OtSll.E FtIl All 'AlOl .....
11. 1\IS COO1lACllI< SHAll 9E RESP<J<SIIl.t FtIl QIAII !P.
12. nrs (XJrf1RAC7'l:R 9fAU. \fJffl COO'JiClfS PRKR 10 COISlRUC'IKIL
'1 ~ PI'[ 1HRE IlECESSARY II uu. lIllltllR flJllIl.
Ii
Ii
4-@
Ii
II
II
MECHANICAL KEY NOTES
WOM""S
(\ RE~T1100M
'-..I IITIl
o
(iJ RDIO\E DIIS11IlG PUI8tG F1X1I.IlE.
@NOTUSED.
@ ID Pl..-c f1X1\.llE
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~NOTUSED.
@ DIIS11IlG_lIllHU!lllREMAll
ill CXllI€CT III [JOS1ItG _ SlS1lIL
VfWY IllAT SI2[ IS s.moo<T.
@ ~~~~
@ DIIS11IlG SP!lH<lIR HLOD llllllllAll II SAllE t.llCA lKIl
SI.wE lOCAlIOl
:/
MEN'S
LOCKER RI-.l.
[illj
NEW so-.
lR.\II
.
GRILLE. REGISTER & DIFFUSER SCHEDULE 1-
- MSQF1KII 1lANIF. wan OAll'Ell ,..IN[ _ FHSM MOltS
aH MOT USIIl - - - - - -
~ (f" HEae: SIZE
<D-2 mus 1IIS """ G>I'.8ONIl lH1E IIOCA 1Dl (II .......
M~_ N'S
EX -95E
144
EXISTtfG SA DUCT
@ @
dJ c1J I
.~
PLUMBING FlXTURE SCHEDULE 1-
ImI 0ESCIlI'11<Il cw HlI lIAS1[ \lENT MOlES
IIC-' WATER a.05Ef (TAN< nPt. flO(ll SET. ADA) 3/" - ~ r -
1IC-2 WATER a.osET (RJJSH VAllIE. WAllIUfG) . 1/" - " r -
1IC-3 WATER a.osET (RJJSH VAllIE. uu. ....... ADA) . 1/" - ,. r -
ij-I _Al 3/" - t" r -
L-1 LAYATarY I/t .It" lilt" 11/" -
L-2 LAYARRl' (ADAIfJl)II) lit" .It" "It" 1 1/" -
SH-I SHOIIll (ADA lXIII'UNO) lit" lit" or 1 lit" I.
SH-2 SHOIIll (ADA lXIII'UNO) lit" lit" or , lit" ,.
1. "'" au !IE SI'Ea1CA1\OIS. ISHOllll BY OlIOS)
.
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-
LARSON
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MECHANICAL
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85 E, SEVENTH PLACE SUITE 100
SAINT PAUL, MN 55)()1-2887
651.223.3000 FAX: 651.223.3002
E-MAIL: .advisors@springsted.com
e#'
SPRINGSTED
~ M,"~", ,h. Mlh S_
$4,695,000
CITY OF STILLWATER, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A
(BOOK ENTRY ONLY)
AWARD:
NORTHLAND SECURITIES
SALE:
February 3, 2004
Moody's Rating: A1
.
Bidder
Interest
Rates
Price
Net Interest True Interest
Cost Rate
NORTHLAND SECURITIES
2.00% 2005-2007
2.10% 2008
2.40% 2009
2.70% 2010
2.90% 2011
3.10% 2012
3.30% 2013
3.45% 2014
3.60% 2015
3.70% 2016
3.80% 2017
$4,663,582.55 $1,156,724.95
3.3160%
WELLS FARGO BROKERAGE
SERVICES, LLC
1.10% 2005
1 .45% 2006
1.75% 2007
2.10% 2008
2.40% 2009
2.70% 2010
2.90% 2011
3.10% 2012
3.30% 2013
3.50% 2014
3.60% 2015
3.70% 2016
3.80% 2017
$4,655,246.05 $1,159,422.49
3.3251%
.
(Continued)
CORPORATE OFFICE: SAINT PAUL, MN . Visit our website at www.springsted.com
DES MOINES, IA . MILWAUKEE, WI . MINNEAPOLIS, MN . OVERLAND PARK, KS . VIRGINIA BEACH, VA . WASHINGTON, DC
\
Interest Net Interest True Interest )
Bidder Rates Price Cost Rate
CRONIN & COMPANY, INCORPORATED 2.00% 2005-2007 $4,690,806.90 $1,164,090.81 3.32810/_
2.50% 2008-2009
3.00% 2010-2011
3.50% 2012-2014
3.60% 2015
3.70% 2016
3.75% 2017
PIPER JAFFRAY & CO. 2.00% 2005-2007 $4,664,186.85 $1,168,561.69 3.3487%
2.10% 2008
2.40% 2009
2.70% 2010
2.90% 2011
3.15% 2012
3.35% 2013
3.50% 2014
3.65% 2015
3.75% 2016
3.85% 2017
LEGG MASON WOOD WALKER, INC. 2.00% 2005-2006 $4,680,880.61 $1,173,594.18 3.3596%
2.25% 2007
2.50% 2008
2.75% 2009-2010
3.00% 2011
3.25% 2012
3.50% 2013-2014 .
3.60% 2015
3.70% 2016
3.85% 2017
ROBERT W. BAIRD & COMPANY, 2.00% 2005-2006 $4,688,141.30 $1,190,519.64 3.4078%
INCORPORATED 2.50% 2007
2.625% 2008
2.75% 2009
3.125% 2010
3.375% 2011-2013
3.50% 2014
3.60% 2015
3.75% 2016
3.85% 2017
HARRIS TRUST & SAVINGS BANK 2.00% 2005-2006 $4,678,780.00 $1,190,210.42 3.4107%
Isaak Bond Investments, Inc. 2.25% 2007
Bankers' Bank 2.50% 2008
Axelrod Associates, Inc. 2.75% 2009
3.00% 2010
3.25% 2011
3.50% 2012-2014
3.55% 2015
3.70% 2016
3.80% 2017
(Continue.
J
, Interest Net Interest True Interest
, Bidder Price Cost Rate
Rates
tjEPHENS, INC. 2.50% 2005-2009 $4,661,212.45 $1,190,630.05 3.4200%
3.00% 2010-2011
3.10% 2012
3.30% 2013
3.50% 2014
3.625% 2015
3.75% 2016
3.80% 2017
FTN FINANCIAL CAPITAL MARKETS 2.20% 2005-2008 $4,648,050.00 $1,193,175.83 3.4292%
2.50% 2009
2.70% 2010
2.90% 2011
3.20% 2012
3.35% 2013
3.50% 2014
3.65% 2015
3.75% 2016
3.85% 2017
RBC DAIN RAUSCHER INC. 2.00% 2005-2006 $4,658,165.85 $1,209,177.90 3.4670%
2.125% 2007
2.15% 2008
2.625% 2009
2.70% 2010
3.00% 2011
. 3.20% 2012
3.375% 2013
3.60% 2014
3.75% 2015
3.90% 2016
4.00% 2017
---------------------------------------...------------------------------------------------------------------------------------------------------------------------
REOFFERING SCHEDULE OF THE PURCHASER
Rate
Year
Yield
2.00%
2.00%
2.00%
2.10%
2.40%
2.70%
2.90%
3.10%
3.30%
3.45%
3.60%
3.70%
3.80%
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
1.10%
1.40%
1.75%
Par
Par
Par
Par
Par
Par
Par
Par
Par
Par
.
B81: 4.71%
Average Maturity: 7.404 Years
J
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"
85 E. SEVENTH PLACE, SUITE 100
SAINT PAUL, MN 55101-2887
651.223.3000 FAX: 651.223.3002
E-MAIL: -advisors@Sprinl2:sted.com
.#'
SPRINGSTED
~ Ad,"=" "" "'bI" Sort"
$755,000
_ CITY OF STillWATER, MINNESOTA
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2004B
Idder
(BOOK ENTRY ONLY)
PIPER JAFFRA Y & CO.
February 3, 2004 Moody's Rating: A1
Interest Net Interest True Interest
Rates Price Cost Rate
2.00% 2005-2007 $753,903.55 $88,497.70 2.6644%
2.10% 2008
2.40% 2009
2.70% 2010
2.90% 2011
3.15% 2012
1.05% 2005 $749,903.75 $88,335.63 2.6656%
1.40% 2006
1.70% 2007
2.05% 2008
2.35% 2009
2.65% 2010
2.85% 2011
3.10% 2012
2.00% 2005-2007 $758,054.70 $91,018.22 2.7304%
2.50% 2008
3.00% 2009-2011
3.20% 2012
AWARD:
SALE:
PIPER JAFFRAY & CO.
UNITED BANKERS' BANK
CRONIN & COMPANY, INCORPORATED
.
(Continued)
CORPORATE OFFICE: SAINT PAUL, MN . Visit our website al www.springsted.com
DES MOINES, IA . MILWAUKEE, WI . MINNEAPOLIS, MN . OVERLAND PARK, KS . VIRGINIA BEACH, VA . WASHINGTON, DC
"
.
Interest Net Interest True Interest )
Bidder Rates Price Cost Rate .,
NORTHLAND SECURITIES 2.00% 2005-2007 $748,960.00 $90,683.75 2.74470/_
2.10% 2008
2:40% 2009
2.60% 2010
2.75% 2011
3.00% 2012
MILLER JOHNSON STEICHEN 2.00% 2005-2007 $751,425.00 $90,976.25 2.7454%
KINNARD, INC. 2.10% 2008
2:40% 2009
2.70% 2010
2.90% 2011
3.15% 2012
WELLS FARGO BROKERAGE 1.10% 2005 $748,280.50 $91,219.08 2.7573%
SERVICES, LLC 1:45% 2006
1.75% 2007
2.10% 2008
2.40% 2009
2.70% 2010
2.90% 2011
3.10% 2012
RBC DAIN RAUSCHER INC. 1.50% 2005 $749,743.30 $93,009:41 2.8089%
1.75% 2006
2.00% 2007
2.10% 2008 .
2:45% 2009
2.70% 2010
3.00% 2011
3.20% 2012
UMB BANK, N.A. 1.15% 2005 $750,356.75 $95,810.96 2.8902%
1.60% 2006
2.00% 2007
2.35% 2008
2.60% 2009
2.90% 2010
3.10% 2011
3.30% 2012
{Continue.
J
~
.
.
.
REOFFERING SCHEDULE OF THE PURCHASER
Rate
Yield
Year
2.00%
2.00%
2.00%
2.10%
2.40%
2.70%
2.90%
3.15%
1.10%
NRO
NRO
Par
Par
Par
Par
Par
2005
2006
2007
2008
2009
2010
2011
2012
B81: 4.71%
Average Maturity: 4.387 Years
CORPORATE OFFICE: SAINT PAUL. MN . Visit our website at www.springsled.com
DES MOINES, IA . MILWAUKEE, WI . MINNEAPOLIS, MN . OVERLAND PARK, KS . VIRGINIA BEACH, VA . WASHINGTON, DC
.
.
.
..
NEW ISSUES
OFFICIAL STATEMENT DATED JANUARY 20,2004
Ratings: Requested from Moody's
Investors Service
.e _opinion of Briggs and Morgan, Professional Association, Bond Counsel, based on present federal and Minnesota laws, regulations, 01'ings and decisions, at the time of their issuance
",very to the ongmal purchaser, mterest on the Bonds IS excluded from gross mcome for purposes of Umted States mcome tax and IS excluded, to the same extent, in computing both
and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial
I , utions). Interest on the Bonds is not an item of tax preference for purposes of the altemative minimum tax imposed on individuals and corporations; however, interest on the Bonds is
taken into account for the purpose of determining adjusted current eamings for purposes of computing the federal alternative minimum tax imposed on corporations. No opinion will be
expressed by Bond Counsel regarding other State or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds.
(See "TAX EXEMPTION" and .OTHER FEDERAL TAX CONSIDERA TIONS. herein.)
,"
City of Stillwater, Minnesota
$4,695,000 $755,000
General Obligation Improvement Bonds, General Obligation Capital Outlay
Series 2004A Bonds, Series 2004B
(the "Series 2004A Bonds") (the "Series 2004B Bonds")
(collectively referred to as the "Bonds," "Obligations" or the "Jssues")
(Book Entry Only)
Dated Date: March 1, 2004
Interest Due: Each February 1 and August 1,
commencing August 1, 2004
2012 $375,000 2015 $400,000
2013 $385,000 2016 $410,000
2014 $390,000 2017 $415,000
2009 $90,000 2011 $100,000
2010 $90,000 2012 $100,000
The Series 2004A Bonds will mature February 1 as follows:
2005 $ 95,000 2009 $365,000
2006 $395,000 2010 $370,000
2007 $360,000 2011 $375,000
2008 $360,000
The Series 20048 Bonds will mature February 1 as follows:
2005 $120,000 2007 $85,000
2006 $ 85,000 2008 $85,000
Proposals for the Bonds may contain maturity schedules providing for a combination of serial bonds and term bonds. All
. bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth
ve at a price of par plus accrued interest to the date of redemption.
The City may elect on February 1,2013, and on any date thereafter, to prepay the Series 2004A Bonds due on or after
February 1, 2014 at a price of par plus accrued interest. The Series 2004B Bonds will not be subject to payment in
advance of their respective stated maturity dates.
The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to levy direct
general ad valorem taxes. In addition for the Series 2004A Bonds, the City will pledge special assessments against
benefited property.
A separate proposal must be submitted for each Issue, along with a good faith deposit in the form of a certified or cashier's
check or a Financial Surety Bond, for not less than the amount shown below, payable to the order of the City. Rates shall
be specified in integral multiples of 5/100 or 1/8 of 1 % and must be designated in level or ascending order. The award for
each Issue will be made on a True Interest Cost basis (TIC).
Minimum Bid Good Faith Deposit
The Series 2004A Bonds $4,648,050 $46,950
The Series 2004B Bonds $ 747,450 $ 7,550
The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of
1986, as amended.
The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in the name of
Cede & Co., as nominee of The Depository Trust Company (nDTcn). DTC will act as securities depository of the Bonds.
Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples
thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased. (See nBook
Entry System" herein.) U.S. Bank National Association, St. Paul, Minnesota will serve as registrar (the "Registrar") for the
Bonds and the City will pay for registration services. Bonds will be available for delivery at DTC on or about March 1,
2004.
.
~
PROPOSALS RECEIVED: February 3, 2004 (Tuesday) at 12:00 Noon, Central Time
AWARD: February 3, 2004 (Tuesday) at 7:00 P.M., Central Time
SPRINGSTED
Further information may be obtained from SPRINGSTED
Incorporated, Financial Advisor to the Issuer, 85 East
Seventh Place, Suite 100, Saint Paul, Minnesota
55101-2887 (651) 223-3000
Advisors to the Public Sector
For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission,
this document, as the same may be supplemented or corrected by the City from time to time
(collectively, the "Official Statement"), may be treated as an Official Statement with respect to
the Bonds described herein that is deemed final as of the date hereof (or of any such
supplement or correction) by the City, except for the omission of certain information referred to
in the succeeding paragraph.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. Any such addendum shall, on and after
the date thereof, be fully incorporated herein and made a part hereof by reference.
By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal
therefor, the City agrees that, no more than seven business days after the date of such award,
it shall provide without cost to the senior managing underwriter of the syndicate to which the
Bonds are awarded copies of the Official Statement and the addendum or addenda described
in the preceding paragraph in the amount specified in the Terms of Proposal.
The City designates the senior managing underwriter of the syndicate to which the Bonds are
awarded as its agent for purposes of distributing copies of the Final Official Statement to each
Participating Underwriter. Any underwriter delivering a Proposal with respect to the Bonds
agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it
shall enter into a contractual relationship with all Participating Underwriters of the Bonds for
purposes of assuring the receipt by each such Participating Underwriter of the Final Official
Statement.
No dealer, broker, salesman or other person has been authorized by the City to give any
information or to make any representations with respect to the Bonds, other than as contained
in the Official Statement or the Final Official Statement, and if given or made, such other
information or representations must not be relied upon as having been authorized by the City.
Certain information contained in the Official Statement and the Final Official Statement may
have been obtained from sources other than records of the City and, while believed to be
reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND
EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL
STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE
OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE
UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS
BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF.
References herein to laws, rules, regulations, resolutions, agreements, reports and other
documents do not purport to be comprehensive or definitive. All references to such documents
are qualified in their entirety by reference to the particular document, the full text of which may
contain qualifications of and exceptions to statements made herein. Where full texts have not
been included as appendices to the Official Statement or the Final Official Statement, they will
be furnished on request.
.
.
'1
...
.
.
. .
. .
.
.
. .
TABLE OF CONTENTS
Paqe(s)
Terms of Proposals
$4,695,000 General Obligation Improvement Bonds, Series 2004A ......................... i-iv
$755,000 General Obligation Capital Outlay Bonds, Series 2004B .......................... v-vii
Introductory Statement.................................................................. ................ ...................
Continuing Disclosure............. ............................... ............ ......... ........... ...........................
The Bonds............................................ ..... ............... ....... ......... ........... .... .................. .... ...
The Series 2004A Bonds........................... ....................... .................... ..... .......................
The Series 2003A Bonds.................... ................................. .... ............. ...... '" ....... ............
Future Financing.................................... ..... ..... ....................................... ..........................
Litigation.................................................................................................................... .......
Legality....... ........ .................... ................ .................... ................................ ......................
Tax Exemption....................................................... ...... .... ......................... ... ........ .............
Bank Qualified Tax-Exempt Bonds...................................................................................
Rating.............................................................................................................................. .
Financial Advisor..............................................................................................................
Certification.................................................................................................................. .....
City Property Values....................... .... ............... .............................. .................... ......... ....
City Indebtedness........................... ........ ......... ........................... ................. ........ ........ .....
City Tax Rates, Levies and Collections .............................................................................
Funds On Hand.................................. .......... .................................... .......... ......................
Cash and Investments............ ........ .......... ......................... ....... ..... ....... ..... ........ ...............
General Information Concerning the City..........................................................................
Governmental Organization and Services............................ .... ............. ..... .......................
Proposed Forms of Legal Opinions .........................................................................
Continuing Disclosure Undertakings ...... ......................................... .......... ..............
Summary of Tax Levies, Payment Provisions, and
Minnesota Real Property Valuation .................. .................................. ..... .............
Annual Financial Statements ......... .................. ........................................ ..... ..........
1
1
2
4
5
5
5
5
6
6
6
7
7
8
9
13
14
14
15
18
Appendix I
Appendix II
Appendix III
Appendix IV
Proposal Forms .... ............. ...... ............ .............. .....................................................
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. CITY OF STILLWATER. MINNESOTA . .
ENTERPRISE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENSES AND
CHANGES IN RETAINED EARNINGS
Year ended December 31,2000
(WIlh comparative totals for the year ended December 31, 1999)
Sanitary Storm
Sewer Sewer Solid Waste Parkfng Tolals
Fund Fund Fund Fund 2000 1999
Operating revenues:
Charges for services $ 1,418,020 $ 185,645 S $ 70,315 $ 1,673,980 $ 2,732,588
Other 74,925
Total operating revenues $ 1,418,020 $ 185,645 $ $ 70,315 $ 1,673,980 $ 2,807,513
Operating expenses:
Personnel services $ 175,026 $ 32,513 $ $ 45,414 $ 252,953 $ 243,039
Repairs and supplies 31,778 6,102 918 38,798 37,720
Contractual services 1,003,731 387 15,632 1,019,750 2,365,585
Engineering services 886 1,160 2,046 10,950
Utilities 30,613 30,613 28,923
Professional services 10,422 10,422 9,036
Par1<lng lot leases 11,756 11,756 11,756
AdmInistrative charges 41,845 11,256 9,381 62,482 60,662
Depredation:
On purchased assets 53,733 132 7,506 61,371 44,842
< On contributed assets 128,784 128,784 114,676
I Office supplies and postage 3,733 299 4,032 3,934
-"
(J1 Miscellaneous 9,203 68 508 5,891 15,670 7,155
Total operating expenses $ 1,479,332 $ 61,908 $ 640 $ 96,797 $ 1,638,677 $ 2,938,278
Dperatlng Income Ooss) $ (61,312) $ 123,737 $ (640) $ (26,482) $ 35,303 $ (130,765)
Nonoperating revenues:
Interest Income $ 74,597 $ 5,887 $ 2,749 $ 9,085 $ 92,318 $ 69,733
Waler and sewer availability charges (21,863) (21,863) 1,960
Loss on disposal of fixed assets (21,310) (21,310)
Miscellaneous 62,424 2,000 262 64,706 48,613
Total nonoperating revenues $ 93,848 $ 7,887 S 3,031 S 9,085 $ 113,851 $ 120,306
Net income (loss) before operating
transfers $ 32,536 $ 131,624 $ 2,391 $ (17,3911. $ 149,154 S (10,459)
Operating transfers:
Opel1lting transfer in:
Speclal Revenue Fund $ $ $ S S $ 61,800
Cap/lal ProIecls Fund 7,658 3,187 10,845 161,562
rotal operating transfers $ 7,658 $ $ $ 3,187 $ 10,845 S 223,362
Net Inoome (toss) $ 40,194 $ 131,624 $ 2,391 $ (14,210) S 159,999 $ 212,903
Credit for transfer to retained earnings
for depreciation $ 128,784 $ $ $ $ 128,784 $ 114,676
Net Increase In retaIned earnIngs $ 168.978 $ 131,624 $ 2,391 S (14,210) $ 288,783 $ 327,579
RetaIned earnIngs, January 1 2,091,391 95,041 49,043 263,167 2,498,642 2,171,063
Residual equity transfer (51,434) (51,434)
RetaIned earnings, December 31 $ 2,260,369 $ 226,665 $ $ 248,957 $ 2,735,991 $ 2,498,642
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ENTERPRISE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENSES AND
CHANGES IN RETAINED EARNINGS
Year ended December 31,2002
(With comparative totals for the year ended December 31, 2001)
Operating revenues:
Charges for services
$
<
I
......
tu
Operating expenses:
Personnel services
Repairs and supplies
Contractual services
Engineering services
Utilities
Professional services
Parking lot leases
Administrative charges
Depreciation:
On purchased assets
On contributed assets
Office supplies and postage
Miscellaneous
Total operating expenses
Operating income (loss)
Nonoperating revenues (expenses):
Interest income (expense)
Water and sewer availability charges
Loss on disposal of fixed assets
Developer fixed asset contributions
Miscellaneous
Total nonoperating revenues
Net income before operating
transfers
Operating transfers:
Operating transfer in:
Capital Projects Fund
Net income
Credit for transfer to retained earnings
for depreciation
Net increase in retained earnings
Retained earnings, January 1
Retained earnings, December 31
Sanitary
Sewer
Fund
1.431,084
$
$
218,199
66,573
1,032,556
4,525
35,685
$
44,393
$
$
75,349
140,738
4,389
944
1,623,351
(192,267)
$
$
$
42.428
35,889
$
$
100,000
29.478
207,795
$
$
$
15,528
$
$
150,000
$
$
165,528
140,738
$
$
306,266
2,803,478
3,109,744
$
$
Storm
Sewer
Fund
195,174
13,803
77,763
117.411
125,257
125,257
125,257
360,559
485,816
Parking
Fund
$
226,421 $
36,184
296
8,904
4.286
$
53,811 $
2.084
72,556
2,000
1,200
11,942
9,952
348
30,166
$
$
3,127
2,562
175,458 $
50,963 $
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2002
1,852,679
308,194
68,953
1,114,016
8,811
35,685
3,200
66,287
105,863
140,738
7,516
17 ,309
1,876,572
(23,893)
7,846
$
(11) $ 50,263
35,889
7,846
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51 "QQ.:)__ ._o~__o___ 191,790
$
$
$
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341 ,790
140,738
$ 51,005 $ 482,528
416.309 3,!J80,346
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Totals
2001
$
1,832,670
$
304,784
84,858
1,128,170
4,478
33,188
4,777
5,878
64,356
$
$
92,843
139,559
4,485
6,709
1,874,085
(41.415)
$
77,269
27,271
(2,912)
477,576
34,832
614,036
$
$
572,621
$
$
572,621
139,559
$
712,180
2,868,166
3,580,346
$
CITY OF STILLWATER, MINNESOTA
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL AND BUDGETED SPECIAL REVENUE FUNDS
Year Ended December 31,2000
General Fund Special Revenue Funds
Variance Variance
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable)
Revenues:
Taxes $ 2,801,920 $ 2,783,760 $ (18,160) $ $ $
Licenses and permits 350,245 576,281 226,036
Fines and forfeits 186,500 130,007 (56,493)
Charges for services 698,445 868,091 169,646 556,380 710,430 154,050
Intergovernmental 2,512,694 2,552,753 40,059 65,700 65,678 (22)
Interest 35,000 116,251 81.251 27,233 27,233
Donations 29,500 141,469 111.969
Miscellaneous 66,250 137,616 71.366 17 ,500 36,236 18,736
Total revenues $ 6,651,054 $ 7,164,759 $ 513,705 $ 669,080 $ 981,046 $ 311,966
Expenditures:
< General government $ 1,349,333 $ 1,415,303 $ (65,970) $ $ $
I
_L
I\) Public safety 2,858,723 2,934,888 (76,165) 3,500 5,943 (2,443)
Public works 1,171,318 1,342,825 (171,507) 18,400 65,382 (46.982)
Culture and recreation 1,764,567 2,067,230 (302,663)
Capital outlay 775,250 430,423 344,827 222,670 974,703 (752,033)
Other 135,153 330,009 (194,856)
Total expenditures $ 6,289,777 $ 6,453,448 $ (163,671) $ 2,009,137 $ 3,113,258 $ (1,104,121)
Revenue over (under) expenditures $ 361,277 $ 711,311 $ 350,034 $ (1 ,340,057) $ (2,132,212) $ (792,155)
Other financing sources (uses):
Bond proceeds $ $ $ $ $ 295,000 $ 295,000
Sale of property 75,000 27,124 (47,876)
Operating transfers In 175,250 509,023 (266,227) 1.434,197 1,731,636 297,439
Operating transfers (out) (1,211,527) (1,219,327) (7,800) (50,000) (951) 49,049
Total other financing sources (uses) $ (361.277) $ (683,180) $ (321,903) $ 1,384,197 $ 2,025,685 $ 641,488
Revenues and other sources over (under)
expenditures and other uses $ $ 28,131 $ 28,131 $ 44,140 $ (106,527) $ (150,667)
Fund balance, January 1 2,863,574 387,734
Residual equity transfer 58,028
. Fund balance, December 31 ~9,733 $ 281,207
.
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CITY OF STILLWATER, MINNESOTA
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL AND BUDGETED SPECIAL REVENUE FUNDS
Year Ended December 31, 2001
General Fund Special Revenue Funds
Variance Variance
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable)
Revenues:
Taxes $ 3,107,928 $ 3,092,139 $ (15,789) $ $ 5 $ 5
Licenses and permlls 364,110 651,874 287,764 770 770
Fines and forfeits 188,500 123,199 (65,301)
Charges for services 787,898 1,015,904 228,006 866,750 1,149,530 282,780
Intergovernmental 2,531,231 2,963,204 431,973 61,000 65,678 4,678
Interest 60,000 86,411 26,411 7,500 28,060 20,560
Donations 26,800 109,825 83,025
Miscellaneous 110,500 115,110 4,610 15,000 17,014 2,014
<: Total revenues $ 7,150,167 $ 8,047,841 $ 897,674 $ 977,050 $ 1,370,882 $ 393,832
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..... Expenditures:
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General government $ 1,392,821 $ 1,533,135 $ (140,314) $ $ $
Public safety 2,973,696 3,105,689 (131,993) 3,500 6,637 (3,137)
Public works 1,418,079 1,535,720 (117,641) 66,000 88,096 (22,096)
Culture and recreation 2,018,147 2,199,023 (180,876)
Capital oullay 1,147,060 1,211,319 (64,259) 568,973 226,149 342,824
Other 229,911 741,249 (511,338)
Total expenditures $ 7,161,567 $ 8,127,112 $ (965,545) S 2,656,620 $ 2,519,905 $ 136,715
Revenue over (under) expenditures $ (11,400) $ (79,271) $ (67,871) $ ( 1,679,570) $(1,149,023) $ 530,547
Other financing sources (uses):
Sale of property $ 10,000 $ 31,330 $ 21,330 $ $ 84,504 $ 84,504
Operating transfers in 1,284,160 1,402,892 118,732 1,879,033 1,641,021 (238,012)
Operating transfers (out) (1,282,760) ( 1,282,760) (162,927) (162,927)
Total other financing sources (uses) $ 11,400 $ 151,462 $ 140,062 $ 1,716,106 $ 1,562,598 $ ( 153,508)
Revenues and other sources over (under)
expenditures and other uses $ $ 72,191 $ 72,191 $ 36,536 $ 413,575 $ 377,039
Fund balance, January 1 2,949,733 281,207
Fund balance, December 31 $3,021,924 $ 694,782
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Totals
Special Debt Capital (Memorandum Only)
General Revenue Service Projects 2000 1999
$ 2,783,760 $ $ 1,511,584 $ 1,740,959 S 6,036,303 $ 5.936,886
1,219,235 194,019 1,413,254 1.653,790
576,281 576,281 385,293
130,007 130,007 186,981
868,091 710,430 594,560 2,173,081 1,746.363
2,552,753 65.678 30.900 2,649.331 4,564,074
116.251 40,941 464,925 475,675 1.097,792 757,772
144,564 144.564 269,371
137,616 63,071 5,239 205,926 321,642
$ 7,164,759 $ 1,024,684 $ 3,195,744 S 3,041,352 $ 14,426,539 $ 15,642.172
$ $ $ $ 1,415.303 $ 1,406.950
16,967 2,951,855 2,753,729
63.688 1,406,513 1,185,246
2.091.886 2,091,886 1,642,743
330.009 920.870
976,397 1,406.820 905,971
3,487,174 3,487,174 3,217,657
2.535.000 2,535,000 3,100,000
1,402,333 1,402,333 1,420,071
134,428 134.428 11,345
$ 3,148,938 $ 4,071,761 $ 3,487,174 $ 17,161,321 $ 16,764,582
$ (2,124,254) $ (876,017) $ (445,822) $ (2,734,782) $ (922,410)
$ $ 295,000 $ 2,458,536 $ 5,421,464
27,124
509,023 1,731,636 1,713,680
(1,219,327) (951) (2,744,906)
$ (683,180) 5 2,025,685 $ 4,172,216 S 2,676,558
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CITY OF STillWATER, MINNESOTA
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE
ALL GOVERNMENTAL FUND TYPES
Year Ended December 31, 2000
Revenues:
Taxes
Special assessments
licenses and permits
Fines and forfeits
Charges for services
Intergovernmental
In Ie rest
Donallons
Miscellaneous
Total revenues
Expenditures:
Current:
General government
Public safety
Public warns
Cullure and recreation
Other
Capital ouUay
Construction and acquisition costs
Debt service:
Principal
Interest
Other
Total expenditures
$ 1,415,303
2,934,888
1.342,825
330,009
430.423
$ 6,453,448
Revenue over (under) expenditures
$
711,311
Other flnancfng sources (uses):
Bond and note proceeds
Sale of property
OperaUng transfers In
Operallng transfers (out)
Total other finandng sources (uses)
Revenues and other sources over (under)
expenditures and other uses
$
28,131
s
(98,569)
Fund balance, January 1
Residual equity transfer In (out)
Fund balance, December 31
2,863,574
58,028
2,949.733
625,058
(6.594)
519,895
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. CITY OF STILLWATER, MINNESOTA . .
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE
ALL GOVERNMENTAL FUND TYPES AND EXPENDABLE TRUST FUND
Year Ended December 31, 2002
Fiduciary
Fund
Type Totals
Governmental Fund Types (Memorandum Only)
Special Debt Capital Expendable
General Revenue Service Projects Trust 2002 2001
Revenues:
Taxes $ 3,690,788 $ $ 1,722,902 $ 1,298,880 $ $ 6,712,570 $ 6,611,066
Licenses and permits 747,715 1,085 748,800 652,644
Special assessments 2,512 41 550.067 616,675 1,169,295 866,049
Fines and forfeits 113,196 3.597 116,793 135,800
Charges for services 1,077,371 1,140,179 191.808 2,409,358 2,165,434
Intergovernmental 2,156,904 457,563 152,926 29,814 2,797,2C7 3,275,668
Interest 48,286 30,024 121,960 243,767 45 444,082 744,109
Donations 519,247 29,740 548,987 133,349
Miscellaneous 670,567 86,390 615,417 1,372.374 776,896
Total revenues $ 8,507,339 $ 2,238,126 $ 2,547,855 $ 2,996,361 $ 29,785 $ 16,319,466 $ 15,361,015
Expenditures:
Current:
General government $ 1,864,991 $ 37,050 $ :); $ $ 1,902,041 $ 1,533,135
< Public safety 3,040,768 14,007 3,054,775 3,124,762
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-..,J Public works 1,444,369 77,450 1,521,819 1,623,816
Culture and recreation 2,296,612 2,296,612 2,220,754
Other 787,376 787,376 741,249
Capital outlay 1,112,554 642,774 1,755,328 1,464,297
Construction and acquisition costs 6,G68,454 6,668,454 2,553,779
Debt service:
Principal 2,998,333 2,998,333 6,353,335
Interest 1,400,311 1,400,311 1,499,588
Other 63.191 63,191 41,890
Total expenditures $ 8,250,058 $ 3,067,893 $ 4,461,83[[ '-~~-u~,G68,454 $ $ 22,448,240 $ 21,156,605
Revenue over (under) expenditures $ 257,281 $ (829,767) $ (1,913,980) $ (3,672,093) $ 29,785 $ (6,128,774) $ (5,795,590)
Other financing sources (uses):
Bond and note proceeds $ $ $ 96,168 $ 8,593,832 $ 8,690,000 $
Sale of property 23,409 23,409 115,834
Capital lease proceeds 650,268 650,268
Operating transfers in 492,788 1,570,495 1,675,822 355,434 4,094,539 4,726,733
Operating transfers (out) ( 1.353, 168) (290,182) (2,601,189) (4,244,539) (4,726,733)
Total other financing sources (uses) $ (186,703) $ 1.280,313 $ 1,771,990 $ 6,348,077 $ $ 9,213.677 $ 115,834
Revenues and other sources over (under)
expenditures and other uses $ 70,578 $ 450.546 $ (141,990) $ 2,675,984 $ 29,785 $ 3,084,903 $ (5,679,756)
Fund balance, January 1 3,021,924 934,790 6,915,660 4,614,951 15,487,325 21,167,081
Residual equity transfer in (out) (353".~~. ____3.~1~~_
Fund balance, December 31 $ 3,092,502 $ 1,385,336 $ 6,420.~~~~_. _$,,-=_L(~'l.iJ2L $ 29,785 $ 18,572,228 $ 15,487,325
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OFFICIAL STATEMENT
CITY OF STILLWATER, MINNESOTA
$4,695,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A
$755,000
GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2004B
(BOOK ENTRY ONLY)
INTRODUCTORY STATEMENT
This Official Statement contains certain information relating to the City of Stillwater, Minnesota
(the "City" or the "Issuer") and its issuance of $4,695,000 General Obligation Improvement
Bonds, Series 2004A (the "Series 2004A Bonds") and $755,000 General Obligation Capital
Outlay Bonds, Series 2004B (the "Series 2004B Bonds"), collectively referred to as the Bonds,
the "Issues" or the "Obligations". The Bonds are general obligations of the City for which the
City pledges its full faith and credit and power to levy direct general ad valorem taxes.
Additional sources of pledged security are described herein.
Inquiries may be directed to Mr. Larry Hansen, City Administrator/Treasurer, City of Stillwater,
216 North Fourth Street, Stillwater, Minnesota 55082-4898, or by telephoning (651) 430-8801.
Inquiries may also be made to Springsted Incorporated, 85 East Seventh Place, Suite 100,
St. Paul, Minnesota 55101-2887, or by telephoning (651) 223-3000. If information of a
specific legal matter is desired, requests may be directed to Ms. Mary Ippel, Briggs and
Morgan, Professional Association of Saint Paul, Minnesota, Bond Counsel, or by telephoning
(651) 808-6620.
CONTINUING DISCLOSURE
In order to assist the Underwriters in complying with SEC Rule 15c2-12 promulgated by the
Securities and Exchange Commission, pursuant to the Securities Exchange Act of 1934 (the
"Rule"), pursuant to the Award Resolutions, the City has entered into an undertakings (the
"Undertakings") for the benefit of holders of the Bonds to provide certain financial information
and operating data relating to the City to certain information repositories annually, and to
provide notices of the occurrence of certain events enumerated in the Rule to certain
information repositories or the Municipal Securities Rulemaking Board and to any state
information depository. The specific nature of the Undertakings, as well as the information to
be contained in the annual report or the notices of material events is set forth in the Continuing
Disclosure Certificates to be executed and delivered by the City at the time the Bonds are
delivered in substantially the form attached hereto as Appendix II. The City has never failed to
comply in all material respects with any previous undertakings under the Rule to provide annual
reports or notices of material events. A failure by the City to comply with the Undertakings will
not constitute an event of default on the Bonds (although holders will have any available
remedy at law or in equity). Nevertheless, such a failure must be reported in accordance with
the Rule and must be considered by any broker, dealer or municipal securities dealer before
recommending the purchase or sale of the Bonds in the secondary market. Consequently,
such a failure may adversely affect the transferability and liquidity of the Bonds and their market
price.
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CITY OF STILLWATER, MINNESOTA
COMBINED BAlANCE SHEET
ALL FUND TYPES, ACCOUNT GROUPS AND COMPONENT UNIT
December 31, 2000
Totals Totals
Proprietary (Memorandum (Memorandum
Governmental Fund Types Fund Type Account Groups only) only}
General General
Special Debt Capital Fixed Long-Term Primary Component Reporting
General Revenue Service ProJects Enterprise Assets Debt Govemment Unit EnUty
ASSETS AND OTHER DEBITS'
Assets:
Cash and Investments $ 3,639,835 $ 800,070 S 10,206,147 $ 7,812.632 $ 1,415.867 $ S $ 23,874,551 $ 1,083.296 S 24,957,847
Accrued Interest recelveble 26.610 9,435 77,058 118,419 16,093 247.615 20.014 267,629
Accounts receivable 93.366 2.810 51.939 57,264 340.471 545,850 121,190 667,040
Loan receivable 95,571 95,571 95,571
Taxes receivable:
Delinquent 60.056 32.410 75.267 167,733 167,733
Due from county 32,464 17,722 29,939 80,125 80.125
Special assessments recelvabla:
< Delinquent 111,077 18,838 129,915 129,915
I Deferred 32.745 2,677.669 385.020 3,095,434 3,095,434
U'1 Special deferred 70.345 31,434 101,779 101,779
Tax forfeit 280 409 689 689
Due"from county 16.245 3,839 20,084 20,084
Notes receivable 6.856 6,856
Due from other govemments 19,027 7,980 7.181 34,188 34,188
Due from primary govemment 186.624 188,624
Inventory 53,916 53,916
Prepaid expenses 76.224 76.224 10.871 87.095
Fixed assels, net 6,267,974 27,569.317 33,837.291 8,126,139 41,963,430
Noles receivable, long-term 3,315 3,315
Investments, long.tenn 150.000 150,000
Bond Issue costs-net eccumulated
amorttzatlon 33.631 33,631
Other debits:
Amount available In Debt
Service Fund 10,282,290 10,282.290 10,282,290
Amount available In General Fund 532,536 532,536 532,536
Amount to be provided for
reUrement of general
long-term debt 22,382,710 22.382,710 22,382,710
Total assets and olher debits $ 3,904,103 $ . 820,575 $ 13.261.021 S 8,628,223 S 8,123,810 $ 27,569,317 $ 33,197,536 $ 95,504,585 $ 9,795,852 $ 105,300,437
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CITY OF STilLWATER, MINNESOTA
COMBINED BALANCE SHEET
ALL FUND TYPES. ACCOUNT GROUPS AND COMPONENT UNIT
December 31, 2001
Totals Totals
Proprietary (Memorandum (Memorandum
Governmental Fund Types Fund Type Account Groups only) onlyl
General General
Special Debt Capital Fixed Long-Term Primary Component Reporting
General Revenue Service Proiects Enterprise Assets Debt Government Unit Entity
ASSETS AND OTHER DEBITS
Assets:
Cash and Investments $ 3.321,830 $1,161.070 $ 6,837.528 $ 5,249,995 $ 1.626,466 $ $ $ 18.196.889 $ 1.218.068 $ 19,414,957
Accrued interest receivable 15,815 7.626 45,687 65,862 14,113 149.103 26,549 175,652
Accounls receivable 29,836 27 52,746 72 M6 279,318 434,023 127,961 561,984
Loan receivable 35.000 90,569 125.569 125,569
Taxes receivable:
Delinquent 72,777 34,890 40,208 147,875 147.875
Due from county 42.152 19,306 16,458 77,916 77,916
Special assessments receivable:
Delinquent 4,064 12,718 9,754 26,536 26,536
< De(erred 40,393 1.771,784 1,020,461 2,832,638 2,832,638
I Special deferred 73,605 32,221 105,826 105,826
0.1
Tax forfeit 409 409 409
Due from county 635 5 13,139 3,034 6,362 23.175 23,175
Notes receivable 4.269 4,269
Due (rom other governments 304,073 19.408 753 324.234 324,234
Due from other funds 1.630,772 1.630.772 1,630,772
Due from primary government 160,538 160.538
Inventory 57,731 57,731
Prepaid expenses 11,025 81,709 92.734 16,227 10B,961
Fixed assets, net 7,029,065 29,991.516 37.020,581 8,653,587 45.674,168
Notes receivable, long-term 2,523 2,523
Investments, long.term 150,000 150,000
Bond issue costs-net accumulated
amortization 24,475 24,475
Other debits:
Amount available in Debt
Service Fund 6,915.660 6,915.660 6,915,660
Amount available in General Fund 508,482 508.482 508,482
Amount to be provided for
retirement of general
long.term debt 19,396,005 19,396.005 19,396,005
T alai assets and other debits $ 3,877,600 $1,188,136 $ 8,861,812 $ 8.231,430 $ 9,037,786 $ 29,991,5~ $ 26,820,147 $ 88,008,427 $ 10,441,928 $ 98,450.355
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CITY OF SnUWATER, MINNESOTA
COMBINED BALANCE SHEET
ALL FUND TYP:S. ACCOUNT GROUPS AND COMPONENT UNIT THE SERIES 2004B BONDS
December 31. 2002
Fic:.:cia:)' TotalS Totals
Proprietary Fund (Memorandum (Memorandum . .
Governmental Fund TVDeS Fund Tvoe Type Account Groups only) only) Authority and Purpose
General General
Special Debl Capital Expendable Fixed Long-Term Primary Component Reporting
General Revenue service Pro;eas Enlerorise Trust Assets Debt Govemment Uni: Entitv
ASSETS AND OrnER DEBITS The Series 2004B Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and
Assets:
Cash and investments 5 3.252.668 5 1.588.806 $ 6.400.862 S 8.392.742 S 1.895.857 29.774 5 21.560.709 5 1.452.295 5 23.013.~ the City Charter. Proceeds of the Series 2004B Bonds will be used to finance the City's 2004
Accrued interest receivable 10.3411 7.520 23.281 60.813 9.908 11 111.881 19.620 131.501
Accounts receivable 549.199 39.472 48.809 231.409 868.889 135.756 1.004.645 capital outlay needs of various City departments.
Loan receivable 26.250 85.152 111.402 111.402
Taxes receivable:
Delinquent 81.722 40.424 10.155 132.301 132.301 The composition of the Series 2004B Bonds is as follows:
Due from county 74.551 33.009 13.971 121.531 121.531
Special assessments receivable:
DelinQuent 8.390 10.126 4.395 22.911 22.911
Deferred 31.105 1.450.040 1.194.680 2.675.825 2.675.825 Project and Equipment Costs $732,750
Special deferred 59.723 26.431 86.154 86.154
Due from coum)' 1.618 7.121 6.111 3.826 18.676 18.676 , Costs of Issuance 14,700
Notes rece~e 3.036 3.036
Due from other govemments 155.380 62.125 1.109 218.614 218.614 Allowance for Discount Bidding 7,550
Interfund receivable 46.886 11.036 57.702 57.702
Advance to other funds 38.424 38.424 38.424
Due from primary governmenl 188.657 188.657 Total Series 2004B Bonds $755,000
Inventory 46.617 46.617
Prepaid items 58.783 6.726 96.160 161.669 17.601 179.270
Fixed assets, net 7.137.040 35.852.634 42.989.674 9.043.195 52.032.869
Bond issue cosls.-net
accumulated amortizabon 22.605 22.605
Otller debits: Security and Financing
Amount available in Debt
Service Fund 6.267.178 6.267.178 E267.178 The Series 2004B Bonds are general obligations of the City for which the City pledges its full
Amount available in General Fund 503.282 503.282 503..282
Amount to be provided for faith and credit and power to levy direct general ad valorem taxes. The City made its first levy
retirement of general
Iong-Ienn debt 26.3eo_~22 25.356--422 26.336.<22 for the Series 2004B Bonds in 2003 for collection in 2004 in the amount of $150,000. Taxes
T ota! assets and other debits S 4.25Cr.(l1.1: S i.75i.2i5 S a.024.53S S 9.e22.719 5 9.375.309 29.785 5 35.852.634 33. ~56.x2 S j 02_3:;3.2~ ~ 10.929.382 S 1':.2~:2.~ collected in 2004 will be used to make the August 1, 2004 interest payment and the February 1,
UABlunES, EQUITY AND 2005 principal and interest payment. Thereafter, each year's tax levies, if collected in full, will
ornER CREDITS be sufficient to pay 105% of the interest due on August 1 in the collection year and the principal
uabilities:
Accounts payable 5 16-:.642 '135.9iO 'i.2j3 17.599 $ 20.905 340.430 68.722 409.152 and interest due on February 1 of the following year.
Arbitrage payable 42.956 42.956 Q.956
ContraclS payable 12.317 62.644 647.228 50.945 n3.135 773.'!3!:>
Salaries payable 185.627 40.322 12.2S8 238.247 238.247. .
Deposits payable 468.059 6.006 474.065 47..055
Bonds payable 1.150.000 1.150.000
Loan payable 1.785.000 1.785.000 1.785.000
Due to 0Iher govemments 23.148 61.325 87.997 30.3'8 202.788 202.788 FUTURE FINANCING
Due to component unit 106.982 81.675 188.657 188.657
Interfunc! payable 46.666 11.036 57.702 57.702
Advance from other funds 38.424 38.424 38.42'
Deferred revenue 197.467 1.560.313 1.332.846 3.090.626 119.003 3,209.629
Ac:c:rued expenses 60.637 60.637
Compensated absences payable 106.252 19.052 26.301 503.282 654.887 70.944 725.83 I The City has no other borrowing anticipated for the next 90 days.
Capital lease payble 650.268 650.268 650.268
General obligation bonds payable 27.258.332 27.258.332 27.258.332
Special assessment debt with
gcvemment commitment 2.960.000 2.960.000 2.960.000
T otalliabilities S 1.157.512 5 365.979 $ 1.604.482 52.246.218 S =.~ 5 5 33.156.882 5 38.755.517 S , .469.306 5 40.224.823
Equity and 0II1er creel;ts: LITIGATION
Investment in general
fixed assets S S $ 35.852.634 5 35.852.634 S 5 35.852.634
Contributed capital. net 5.089.991 5.089.991 4.678.654 9.768.845
Retained eamings: The City is not aware of any threatened or pending litigation affecting the validity of the Bonds
Unreserved 4.062.874 4.062.874 4.781.= 8.844.096
Fund balance:
Reser<ed 66.183 6.420.104 7.763.641 29.785 14.279.713 14.279.713 or the City's ability to meet its financial obligations.
Unreserved:
Designated 3.026.319 1.386210 4.412.529 4.412.529
Un<lesi9nated (874) (119.140) (120.014\ (120.014)
Total equity and other credits S 3.092.502 5 1.385.336 S 6.420.104 5 7.644.501 S 9.152.865 S 29.785 5 35.852.634 5 63.5n.727 5 9.460.076 S 73.037.803
To"" uabililies. eQUTty. and LEGALITY
other credits S 4.250.014 51.751.315 58.024.586 S 9.892.719 5 9.375.309 5 29.785 5 35.852.634 5 33.156.882 5 102.333.244 5 '0.929.382 5 113.262.626
The Bonds are subject to approval as to certain matters by Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not
participated in the preparation of this Official Statement and will not pass upon its accuracy,
completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or
verify, any of the financial or statistical statements, or data contained in this Official Statement
. . and will express no opinion with respect thereto. Legal opinions in substantially the form set out
in Appendix I herein will be delivered at closing.
IV-2
- 5-
TAX EXEMPTION
At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion
that, at the time of their issuance and delivery to the original purchaser, under present federal
and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending
legislation that may have a retroactive effect), the interest on the Bonds is excluded from gross
income for purposes of United States income tax and is excluded, to the same extent, from
both gross income and taxable net income for purposes of State of Minnesota income tax
(other than Minnesota franchise taxes measured by income and imposed on corporations and
financial institutions), and that interest on the Bonds is not an item of tax preference for
purposes of computing the federal alternative minimum tax imposed on individuals and
corporations or the Minnesota alternative minimum tax applicable to individuals, estates and
trusts; provided that interest on the Bonds is subject to federal income taxation to the extent it is
included as part of adjusted current earnings for purposes of the alternative minimum tax
imposed on corporations. No opinion will be expressed by Bond Counsel regarding other
federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or
arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the
Bonds from federal gross income and state gross and taxable net income, however, depends
upon compliance by the City with all requirements of the Internal Revenue Code of 1986, as
amended, (the "Code") that must be satisfied subsequent to the issuance of the Bonds in order
that interest thereon be (or continue to be) excluded from federal gross income and state
taxable net income.
The City will covenant to comply with requirements necessary under the Code to establish and
maintain the Bonds as tax-exempt under Section 103 thereof, including without limitation,
requirements relating to temporary periods for investments and limitations on amounts invested
at a yield greater than the yield on the Bonds.
BANK-QUALIFIED TAX-EXEMPT BONDS
The City will designate the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b)(3) of the Code relating to the ability of financial institutions to deduct from income for
federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-
exempt obligations.
RATINGS
Application for ratings of the Bonds has been made to Moody's Investors Service ("Moody's"),
99 Church Street, New York, New York. If ratings are assigned, they will reflect only the
opinion of Moody's. Any explanation of the significance of the ratings may be obtained only
from Moody's.
There is no assurance that ratings, if assigned, will continue for any given period of time, or that
such ratings will not be revised or withdrawn, if in the judgment of Moody's, circumstances so
warrant. A revision or withdrawal of the ratings may have an adverse effect on the market price
of the Bonds.
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.
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.
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APPENDIX IV
ANNUAL FINANCIAL STATEMENTS
The City is audited annually by an independent certified public accounting firm, and received an
unqualified opinion. The information on the following pages has been extracted from the City's
Comprehensive Annual Financial Reports. The reader should be aware that the complete
financial reports may contain additional information relating to the data presented here which
may interpret, explain or modify it. For the years ending December 31, 2002, 2001, and 2000,
governmental funds are presented on the modified accrual basis of accounting and the accrual
basis is used for proprietary funds.
The financial statements of the Board of Water Commission, which governs the Water Utility,
are as a component unit. The Board of Water Commission meets the criteria to be included as
a discrete presentation. The members of the governing board of the Board of Water
Commission are appointed by the Mayor and approved by the City Council.
The Government Finance Officers Association of the United States and Canada (GFOA) has
awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of
Stillwater, Minnesota for its Comprehensive Annual Financial Report for the fiscal year ended
December 31, 2001. The 2002 CAFR has been submitted for consideration. The Certificate of
Achievement is the highest form of recognition for excellence in State and local government
financial reporting.
In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily
readable and efficiently organized comprehensive annual financial report, whose contents
conform to program standards. Such reports must satisfy both generally accepted accounting
principles and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. The City received a
Certificate of Achievement each year since 1989.
IV-1
2001 PROPERTY TAX AMENDMENTS
The Omnibus Tax Bill adopted by the Minnesota Legislature during the First Special Session in
2001 (the "Tax Bill") made numerous changes to the property tax system. Among its
provisions, the Tax Bill provided for the assumption by the State of Minnesota of the general
education property tax levy and certain transit costs; increased the appropriation for Local
Government Aids by $140,000,000; re-imposed levy limits for two years on counties and cities
over 2,500 in population; repealed the Homestead and Agricultural Credit Aid for cities, school
districts and townships; provided for the gradual elimination of Limited Market Valuation; and
compressed the class rates applicable to various classes of property.
2001 Class Rate Changes
Local Tax Local Tax Local Tax
Payable Payable Payable
2001 2002 2003
1.000% 1 .000% 1.000%
1.650% 1.000% 1.000%
1.650% 1.250% 1 .250%
1.200% 1.000% 1.000%
1.650% 1.000% 1.000%
1.650% 1.250% 1.250%
1.650% 1.500% 1 .250% 1
2.400% 1.800% 2 1.500% 2
2.150% 1.800% 2 1.500% 2
1.000% 0.900%3 1 .000%3
2.400% 1.500% 1.500%
3.400% 2.000% 2.000%
3.400% 2.000% 2.000%
Property Type
Residential Homestead
Up to $76,000
$76,000 - $500,000
Over $500,000
Residential Non-homestead
Single Unit
Up to $76,000
$76,000 - $500,000
Over $500,000
2-3 unit and undeveloped land
Market Rate Apartments
Regular
Small City
Low-Income
Commercial/lndustrialfPublic Utility
Up to $150,000
Over $150,000
Electric Generation Machinery
Seasonal Recreational Commercial
Homestead Resorts (1 c)
Up to $500,000
Over $500,000
Seasonal Resorts (4c)
Up to $500,000
Over $500,000
Seasonal Recreational Residential
Up to $76,000
$76,000 - $500,000
Over $500,000
Disabled Homestead
Agricultural Land & Buildings
Homestead
Up to $115,000
$115,000 - $600,000
Over $600,000
Non-homestead
1.000%
1.000%
1.000% 1.000%
1.250% 1.250%
1.000% 1.000%
1.250% 1.250%
1.000%4 1.000% 4
1.000% 4 1.000%4
1.250% 4 1.250% 4
0.450% 0.450%
0.550% 4 0.550%4
0.550% 4 0.550%4
1.000% 4 1.000% 4
1.000% 4 1.000% 4
1.650%
1.650%
1.200%
1.650%
1.650%
0.450%
0.350%
0.800%
1.200%
1.200%
1 Rate reduced to 1.25% in pay 2003 and thereafter.
2 Rate reduced to 1.5% in pay 2003 and 1.25% in pay 2004 and thereafter.
3 Rate increased to 1% in pay 2003, classification abolished thereafter.
4 Exempt from referendum market value tax.
111-6
.
.
.
FINANCIAL ADVISOR
,
. The City has retained Springsted Incorporated, Advisors to the Public Sector, of St. Paul,
Minnesota, as financial advisor (the "Financial Advisor") in connection with the issuance of the
Bonds. In preparing the Official Statement, the Financial Advisor has relied on governmental
officials who have access to relevant data to provide accurate information for the Official
Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to
independently verify the accuracy of such information. The Financial Advisor is not a public
accounting firm and has not been engaged by the City to compile, review, examine or audit any
information in the Official Statement in accordance with accounting standards. The Financial
Advisor is an independent advisory firm and is not engaged in the business of underwriting,
trading or distributing municipal securities or other public securities and therefore will not
participate in the underwriting of the Bonds.
CERTIFICATION
The City has authorized the distribution of this Official Statement for use in connection with the
initial sale of the Bonds. As of the date of the settlement of the Bonds, the purchaser(s) will be
furnished with a certificate signed by the appropriate officers of the City. The certificate will
state that as of the date of the Official Statement, the Official Statement did not and does not as
of the date of the certificate contain any untrue statement of material fact or omit to state a
material fact necessary in order to make the statements made therein, in light of the
circumstances under which they were made, not misleading.
.
(The Balance of This Page Has Been Intentionally Left Blank)
.
- 7 -
CITY PROPERTY VALUES STATUTORY FORMULAE
CONVERSION OF ESTIMATED MARKET VALUE (EMV) TO NET TAX CAPACITY FOR
. . MAJOR PROPERTY CLASSIFICATIONS
2002 Indicated Market Value of Taxable Property: $1,543,677,665*
* Net Tax
Calculated by dividing the county assessor's estimated market value of $1,216,418,000 by the 2002 Net Tax Capacity Net Tax Capacity Levy Year
sales ratio of 78.8% for the City as determined by the State Department of Revenue. General Classifications Levy Year 1999 Levy Year 2000 2001.2002.2003
Residential Homestead First $76,000 of EMV at First $76,000 of EMV at See next page.
2002 Taxable Net Tax Capacity: $12,532,716 1.00% 1.00%
EMV in excess of $76,000 EMV in excess of $76,000
$14,270,311 at 1.65% at 1.65%
2002 Net Tax Capacity
Less: Contribution to Fiscal Disparities (1,250,528) Residential Non-Homestead 2.40%; except certain 2.40%; except certain See next page.
. 4 or more units cities of 5,000 cities of 5,000
Captured Tax Increment Tax Capacity (1,659,880)
Plus: Distribution from Fiscal Disparities 1.172,813 population or less at population or less at
2.15% 2.15%
2002 Taxable Net Tax Capacity $12,532,716 Agricultural Homestead First $76,000 EMV of First $76,000 EMV of See next page.
house, garage and 1 house, garage and 1
acre at 1.00% acre at 1 .00%
2002 Taxable Net Tax Capacity By Class of Property EMV in excess of $76,000 EMV in excess of $76,000
of house, garage and 1 of house, garage and 1
Residential Homestead $ 9,034,930 72.1% acre at 1.65% acre at 1.65%
Commercial/Industrial, Public Utility and Remaining Property: Remaining Property:
Personal Property* 2,260,547 18.0 First $115,000 of EMV at First $115,000 of EMV at
Residential Non-Homestead 1,197,804 9.6 0.35% 0.35%
Other Classes 39,435 0.3 EMV in excess of EMV in excess of
$115,000 and less than $115,000 and less than
Total $12,532,716 100.0% $600,000 at 0.80% $600,000 at 0.80%
. . EMV in excess of EMV in excess of
Reflects adjustments for fiscal disparities and captured tax increment tax capacity. $600,000 at 1.20% $600,000 at 1.20%
Agricultural Non-Homestead First $76,000 of EMV of First $76,000 of EMV of See next page.
Trend of Values house, garage and 1 house, garage and 1
acre at 1 .20% acre at 1 .20%
EMV in excess of $76,000 EMV in excess of $76,000
Assessor's of house, garage and 1 of house, garage and 1
Indicated Estimated Taxable Net acre at 1 .65% acre at 1.65%
Market Value(a) Market Value Tax Capacity(b) EMV of land and other EMV of land and other
buildings at 1 .20% buildings at 1.20%
2002 $1,543,677,665 $1,216,418,000 $12,532,716 Commercial-Industrial First $150,000 of EMV at First $150,000 of EMV at See next page.
2001 1,314,399,239 1,035,746,600 10,984,480 2.40% 2.40%
2000 1,072,412,590 894,392,100 13,232,867 EMV in excess of EMV in excess of
1999 997,400,245 813,878,600 11,959,344 $150,000 at 3.40% $150,000 at 3.40%
1998 864,204,646 744,080,200 10,895,127 Seasonal/Recreational Non-Commercial Non-Commercial See next page.
(a) Calculated by dividing the county assessor's estimated market value by the sales ratio determined for Residential First $76,000 of EMV at First $76,000 of EMV at
1.20% 1.20%
the City each year by the State Department of Revenue. EMV in excess of EMV in excess of
(b) The decrease in taxable tax capacity for 2001 was due primarily to a reduction in property tax class $76,000 at 1.65% $76,000 at 1.65%
rates. See Appendix III for an explanation oftax capacity and other Minnesota property tax law. Commercial - 1.60% Commercial - 1.60%
Homestead Resorts - Homestead Resorts -
1.00% 1.00%
Vacant Land N/A N/A See next page.
(All vacant land is (All vacant land is
reclassified to highest and reclassified to highest and
. . best use pursuant to local best use pursuant to local
zoning ordinance) zoning ordinance)
- 8 -
111-5
Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes)
"Fiscal Disparities Law"
The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as
"Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the
increase in commercial-industrial (including public utility and railroad) net tax capacity valuation
since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan
area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott,
excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax
base. A distribution index, based on the factors of population and real property market value
per capita, is employed in determining what proportion of the net tax capacity value in the area-
wide tax base shall be distributed back to each assessment district.
Iron Range Fiscal Disparities
In 1996 Minnesota Legislature established a commercial-industrial tax base sharing program for
the Iron Range that is modeled after the Twin Cities metropolitan area program commonly
known as "fiscal disparities."
Under the Iron Range Fiscal Disparities ("IRFD") program, 40% of the growth in each
municipality's commercial-industrial tax base after 1995 is contributed to an area wide pool.
The tax base pool is distributed back to municipalities on the basis of property wealth per
capita; i.e., municipalities with lower property wealth receive greater distributions. For the
purposes of the IRFD program, commercial-industrial property includes public utility property,
but does not include commercial, seasonal, recreational property. All local taxing jurisdictions in
the area, including counties, cities, towns (including unorganized towns), school districts, and
special taxing districts, participate in the IRFD program.
The IRFD program is identical to the Twin Cities metropolitan area program except for the
provisions summarized below:
1. The geographical area involved is the taconite tax relief area. This includes all of Cook
County and Lake County, most of Itasca County and St. Louis County (the City of Duluth
and surrounding area is not included), portions of Aitkin County and Crow Wing County,
and a very small portion of Koochiching County.
2. The base year is 1995, so that 40% of the growth in commercial-industrial tax base after
1995 will be shared. The first tax year to be affected was 1997/98.
3. Municipalities are not required to share commercial-industrial growth in tax increment
financing (TIF) districts created before May 1, 1996.
4. Municipalities that consciously exclude commercial-industrial development are excluded
from participation. This will be determined by a joint effort of the Department of
Revenue (MnDOR) and the Iron Range Resources and Rehabilitation Board (/RRRB).
In September 2000, a lower court declared the Iron Range Fiscal Disparities Act
unconstitutional. In April 2001, this ruling was overturned by the Minnesota Court of Appeals.
In July of 2001, the Minnesota Supreme Court agreed to review the Act. What the outcome
may be or what effect, if any, these court proceedings may have, cannot be determined at this
time.
111-4
Ten of the Largest Taxpayers in the City
.
. Taxpayer
Type of Property
,
Super Valu Holdings
Target Corporation
Minnesota Mining & Mfg. (3M)
Andersen Corporation
Diasorin Inc.
Xcel Energy
Lakeview Memorial Hospital
Division Place II Associates
Orleans Homes #1
Mainstream Dev Partnership
Commercial
Retail
Manufacturing
Commercial
Commercial
Utility
Hospital
Commercial
Apartments
Commercial
Total
*
Represents 9.3% of the City's 2002 taxable net tax capacity.
2002 Net
Tax Capacity
$ 229,164
144,136
127,832
104,758
103,426
102,342
97,456
88,738
87,167
76,518
$1,161,537*
CITY INDEBTEDNESS
Legal Debt Limit and Net Debt Margin
Legal Debt Limit (2% of Estimated Market Value) $ 24,328,360
. . Less: Net Debt Subject to Limitation (15,389,538)
(Including the Series 2004B Bonds)
Legal Net Debt Margin As of December 2, 2003 $ 8,938,822
General Obligation Debt Supported Solely By Taxes*
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 12-2-03
9-1-93 $1,840,000 Capital Outlay 2-1-2009 $ 460,000
7 -1-94 170,000 Capital Outlay 2-1-2005 40,000
5-1-96 5,530,000 Capital Outlay 2-1-2021 3,715,000
7 -1-97 705,000 Capital Outlay 2-1-2007 155,000
12-1-98 2,500,000 Capital Outlay 2-1-2019 1,685,000
4-1-00 990,000 Capital Outlay 2-1-2010 640,000
2-1-02 7,840,000 Capital Outlay 2-1-2022 7,680,000
2-4-03 200,000 Capital Outlay 2-1-2009 170,000
4-1-03 1,345,000 Capital Outlay 2-1-2011 1,345,000
3-1-04 755,000 Capital Outlay
(the Series 2004B Bonds) 2-1-2012 755,000
Total $16,645,000
. . These issues are subject to the statutory debt limit.
- 9 -
General Obligation Debt Supported By Taxes and/or Special Assessments
Date
of Issue
5-1-96
7 -1-97
12-1-98
4-1-00
3-1-04
Total
Original
Amount
$1,410,000
485,000
665,000
1,390,000
4,695,000
Purpose
Final
Maturity
Local Improvements
Local Improvements
Local Improvements
Local Improvements
Local Improvements
(the Series 2004A Bonds)
2-1-2007
2-1-2008
2-1-2009
2-1-2010
2-1-2017
*
Th;s ;ssue wHl be called ;n full on February 1, 2004.
General Obligation Debt Supported By Tax Increment
Date
of Issue
9-1-93
5-1-96
11-15-00
4-1-03
Total
Original
Amount
$1,000,000
810,000
2,265,000
3,435,000
Purpose
Final
Maturity
Tax Increment
Tax Increment Refunding
Tax Increment Refunding
Tax Increment Refunding
2-1-2007
2-1-2005
2-1-2007
2-1-2013
General Obligation Debt Supported by Revenues
Date
of Issue
1-1-98
4-1-00
4-1-00
Total
Original
Amount
$4,610,000
1,330,000
2,135,000
Purpose
Final
Maturity
Sports Arena
Water Revenue
Sports Facilities
6-1-2018
2-1-2015
6-1-2020
Summary of General Obligation Direct Debt
Gross
Debt
$16,645,000
Less: Debt
Service Funds*
$(1,255,462)
Principal
Outstanding
As of 12-2-03
$ 435,000*
240,000
390,000
930,000
4,695,000
$6,690,000
Principal
Outstanding
As of 12-2-03
$ 395,000
215,000
1,590,000
3,435,000
$5,635,000
Principal
Outstanding
As of 12-2-03
$3,380,000
1,060,000
1 ,995,000
$6,435,000
Net
Direct Debt
$15,389,538
Supported by Taxes
Supported Primarily by Taxes and/or
Special Assessments 6,690,000 (1,398,010) 5,291,990
Supported by Tax Increment 5,635,000 (1,551,959) 4,083,041
Supported by Revenues 6,435,000 (498,055) 5,936,945
* Debt serv;ce funds are as of November 30, 2003 and ;nclude money to pay both pr;ndpal and ;nterest.
- 10-
.
.
.
.
.
.
Certain property tax levies are authorized outside of the new overall levy limitation ("special
levies"). Special levies which do not include levies for bonded indebtedness on installment
payments on conditional sales contracts, state-aid road bonds, contracts for deed, tax
increment revenue bonds, and lease payments under certificates of participation. In order to
receive approval for any special levy claims outside of the overall levy limitation, requests for
such special levies must be submitted to the Property Tax Division of the Department of
Revenue on or before September 15th in the year in which the levy is to be made for collection
in the following year. The Department of Revenue has the authority to approve, reduce or deny
a special levy request. Final adjustments to all levies must be made by the Department of
Revenue on or before December 10th.
Debt Limitations
All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory
"net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is
defined as the amount remaining after deducting from gross debt the amount of current
revenues that are applicable within the current fiscal year to the payment of any debt and the
aggregate of the principal of the following:
1.
Obligations issued for improvements that are payable wholly or partially from the
proceeds of special assessments levied upon benefited property.
Warrants or orders having no definite or fixed maturity.
Obligations payable wholly from the income from revenue producing conveniences.
Obligations issued to create or maintain a permanent improvement revolving fund.
2.
3.
4.
5. Obligations issued for the acquisition and betterment of public waterworks systems,
and public lighting, heating or power systems, and any combination thereof, or for any
other public convenience from which revenue is or may be derived.
6. Certain debt service loans and capital loans made to school districts.
7. Certain obligations to repay loans.
8. Obligations specifically excluded under the provisions of law authorizing their
issuance.
9. Certain obligations to pay pension fund liabilities.
10. Debt service funds for the payment of principal and interest on obligations other than
those described above.
Levies for General Obligation Debt
(Sections 475.61 and 475.74, Minnesota Statutes)
Any municipality that issues general obligation debt must, at the time of issuance, certify levies
to the county auditor of the county(ies) within which the municipality is situated. Such levies
shall be in an amount that if collected in full wilt, together with estimates of other revenues
pledged for payment of the obligations, produce at least five percent in excess of the amount
needed to pay principal and interest when due. Notwithstanding any other limitations upon the
ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for
payment of general obligation indebtedness is without limitation as to rate or amount.
111-3
The county treasurer is responsible for collecting all property taxes within the county. Real
estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the
taxes on real property is due on or before May 15. The remainder is due on or before
October 15. Real property taxes not paid by their due date are assessed a penalty that,
depending on the type of property, increases from 2% to 4% on the day after the due date. In
the case of the first installment of real property taxes due May 15, the penalty increases to 4%
or 8% on June 1. Thereafter, an additional 1 % penalty shall accrue each month through
October 1 of the collection year for unpaid real property taxes. In the case of the second
installment of real property taxes due October 15, the penalty increases to 6% or 8% on
November 1 and increases again to 8% or 12% on December 1. Personal property taxes
remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the
unpaid tax. However, personal property that is owned by a tax-exempt entity, but is treated as
taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties
as real property.
On the first business day of January of the year following collection all delinquencies are
subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are
filed for a tax lien judgment with the district court. By March 20 the clerk of court files a
publication of legal action and a mailing of notice of action to delinquent parties. Those
property interests not responding to this notice have judgment entered for the amount of the
delinquency and associated penalties. The amount of the judgment is subject to a variable
interest determined annually by the Department of Revenue, and equal to the adjusted prime
rate charged by banks, but in no event is the rate less than 10% or more than 14%.
Property owners subject to a tax lien judgment generally have five years (5) in the case of all
property located outside of cities or in the case of residential homestead, agricultural
homestead and seasonal residential recreational property located within cities or three (3) years
with respect to other types of property to redeem the property. After expiration of the
redemption period, unredeemed properties are declared tax forfeit with title held in trust by the
State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof,
then sells those properties not claimed for a public purpose at auction. The net proceeds of the
sale are first dedicated to the satisfaction of outstanding special assessments on the parcel,
with any remaining balance in most cases being divided on the following basis: county - 40%;
town or city - 20%; and school district - 40%.
Property Tax Credits (Chapter 273, Minnesota Statutes)
In addition to adjusting the taxable value for various property types, primary elements of
Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker
credit, which relates property taxes to income and provides relief on a sliding income scale; and
targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The
circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by
the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid,
equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid.
HACA has been repealed for cities, school districts, and townships.
Levy Limitations for Counties and Cities (M.S. 275.70 to 275.74)
Levy limitations are in effect for taxes levied in 2002 and 2003 for all counties and cities with
populations exceeding 2,500. Levy increases for cities are limited to its adjusted levy limit base
from 1999 plus any increase due to growth in population. Counties are limited in their levy
increases to the difference between their adjusted levy limit from 1999 plus any increase due to
growth in population and one-half of the county's share of the net cost to the state for
assumption of district court costs.
111-2
.
.
.
Annual Calendar Year Debt Service Payments Including These Issues
. G.O. Debt Supported
G.O. Debt Supported by Taxes and/or
Solely by Taxes Special Assessments
Principal Principal
Year Principal & Interest(a) Principal & Interest(b)
2003 (at 12-2) (Paid) (Paid) (Paid) (Paid)
2004 $ 1,250,000 $ 1,942,320.31 $ 385,000 $ 533,572.08
2005 1,345,000 1,987,805.10 475,000 693,168.75
2006 1,295,000 1,889,460.10 760,000 956,350.00
2007 1,325,000 1,869,491.35 670,000 842,695.00
2008 1,230,000 1,724,578.85 600,000 751,061.25
2009 1,265,000 1,709,590.10 555,000 686,110.00
2010 1,185,000 1,578,565.10 495,000 607,398.75
2011 1,120,000 1,465,485.72 375,000 472,101.25
2012 970,000 1,270,690.71 375,000 459,257.50
2013 585,000 850,269.45 385,000 455,765.00
2014 600,000 837,003.19 390,000 446,425.00
2015 580,000 788,541.93 400,000 441,215.00
2016 595,000 774,885.67 410,000 435,215.00
2017 610,000 760,326.91 415,000 423,507.50
2018 625,000 744,865.65
2019 650,000 738,246.27
2020 555,000 612,893.14
2021 565,000 594,170.63
2022 295,000 302,301.25
. Total $16,645,000(c) $22,441,491.43 $6,690,000(d) $8,203,842.08
(a) Includes the Series 2004B Bonds at an assumed average annual interest rate of 2.95%.
(b) Includes the Series 2004A Bonds at an assumed average annual interest rate of 3. 55%
(c) 69.5% of this debt will be retired within ten years.
(d) 75.9% of this debt will be retired within ten years.
.
- 11 -
Annual Calendar Year Debt Service Payments Including These Issues (Continued)
Year
2003 (at 12-2)
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Total
G.O. Debt
Supported by Tax Increment
Principal
Principal & Interest
(Paid)
$ 890,000
905,000
820,000
850,000
330,000
345,000
350,000
365,000
380,000
400,000
(Paid)
$1,063,391.25
1,047,570.00
932,223.75
932,051.25
392,332.50
398,628.75
393,547.50
397,370.00
400,165.00
406,900.00
$5,635,000*
$6,364,180.00
*
64.6% of this debt will be retired in ten years.
Other Long-Term Debt
G.O. Debt .
Supported by Revenues
Principal
Principal & Interest
(Paid) (Paid)
$ 405,000 $ 715,645.00
420,000 711,897.50
435,000 707,250.00
415,000 667,471.25
405,000 638,157.50
425,000 638,382.50
440,000 632,490.00
455,000 625,588.75
375,000 524,941.25
385,000 515,595.00
400,000 510,377.50
415,000 504,145.00
355,000 424,007.50
375,000 424,920.00
390,000 419,803.75
165,000 179,806.25
175,000 180,031.25
$6,435,000 $9,020,510.00
.
The City has entered into two non-interest bearing Stream Protection and Improvement Loan
agreements with the State of Minnesota to finance the diversion of storm water runoff from
Brown's Creek. As of November 30, 2003, the outstanding principal amount in total is
$1,632,500.
Capital Lease Installment Purchase
The City entered into a $650,268 capital lease Installment Purchase for a fire truck. Principal is
due annually through January 13, 2005. The following is the schedule of remaining annual
payments:
Year
Principal
2003
2004
2005
(Paid)
$213,357.10
223,534.24
$436,891.34
Total
- 12 -
Principal
and Interest
(Paid)
$234,196.82
234,196.82
$468,393.64
.
.
.
.
APPENDIX III
SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND
MINNESOTA REAL PROPERTY VALUATION
(effective through payable 2003)
Following is a summary of certain statutory provisions effective through payable 2003 relative to
tax levy procedures, tax payment and credit procedures, and the mechanics of real property
valuation. The summary does not purport to be inclusive of all such provisions or of the specific
provisions discussed, and is qualified by reference to the complete text of applicable statutes,
rules and regulations of the State of Minnesota.
Property Valuations (Chapter 273, Minnesota Statutes)
Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by
statute, be appraised at least once every four years as of January 2 of the year of appraisal.
With certain exceptions, all property is valued at its market value, which is the value the
assessor determines to be the price the property to be fairly worth, and which is referred to as
the "Estimated Market Value."
Limitation of Market Value Increases. Effective through assessment year 2003, the amount of
increase in market value for all property classified as agricultural homestead or non-homestead,
residential homestead or non-homestead, or non-commercial seasonal recreational residential,
which is entered by the assessor in the current assessment year, may not exceed the greater of
(i) 10.0% of the value in the preceding assessment or (ii) 15% of the difference between the
current assessment and the preceding assessment.
Indicated Market Value. Because the Estimated Market Value as determined by an assessor
may not represent the price of real property in the marketplace, the "Indicated Market Value" is
generally regarded as more representative of full value. The Indicated Market Value is
determined by dividing the Estimated Market Value of a given year by the same year's sales
ratio determined by the State Department of Revenue. The sales ratio represents the overall
relationship between the Estimated Market Value of property within the taxing unit and actual
selling price.
Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied,
extended and collected. The Net Tax Capacity is computed by applying the class rate
percentages specific to each type of property classification against the Estimated Market Value.
Class rate percentages vary depending on the type of property as shown on the last page of
this Appendix. The formulas and class rates for converting Estimated Market Value to Net Tax
Capacity represent a basic element of the State's property tax relief system and are subject to
annual revisions by the State Legislature.
Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate,
expressed as a percentage.
Property Tax Payments and Delinquencies
(Chapters 275, 276, 277,279-282 and 549, Minnesota Statutes)
Ad valorem property taxes levied by local governments in Minnesota are extended and
collected by the various counties within the State. Each taxing jurisdiction is required to certify
the annual tax levy to the county auditor within five (5) working days after December 20 of the
year preceding the collection year. A listing of property taxes due is prepared by the county
auditor and turned over to the county treasurer on or before the first business day in March.
111-1
information in any Annual Report or notice of an Occurrence in addition to that which is
specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under
this Disclosure Undertaking to update such information or include it in any future Annual Report
or notice of an Occurrence.
SECTION 10. Default. In the event of a failure of the Issuer to provide information
required by this Disclosure Undertaking, any Owner may take such actions as may be necessary
and appropriate, including seeking mandamus or specific performance by court order, to cause
the Issuer to comply with its obligations to provide information under this Disclosure
Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of
Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event
of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to
compel performance.
SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the
benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds,
and shall create no rights in any other person or entity.
SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing
any information required under the Rule if a final determination should be made by a court of
competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions
of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer
determines that such modification is required by the Rule or by a court of competent jurisdiction.
Date: ,2004. CITY OF STILLWATER, MINNESOTA
By
Its Mayor
By
Its Clerk
11-8
Indirect Debt
Debt Applicable to
. . 2002 Taxable G.O. Debt Tax Capacity in City
Taxinq Unit(a) Net Tax Capacity As of 12-2-03(b) Percent Amount
Washington County $ 179,428,265 $ 67,305,000(c) 7.0% $ 4,711,350
ISD 834 (Stillwater) 51,675,227 59,490,000 24.3 14,456,070
Northeast Metro College 408,214,589 2,020,000 3.1 62,620
Metropolitan Council 2,159,346,919 24,290,000(d) 0.6 145,740
Metro Transit District 1,881,444,406 160,085,000 0.7 1 ,120,595
Total $20,496,375
.
.
.
.
.
(a) Only those units with debt outstanding are listed here.
(b) Excludes tax anticipation certificates and revenue debt.
(c) Includes debt issued by the Washington County Housing and Redevelopment Authority for a jail
facility leased to Washington County. The rental payments of Washington County are absolute and
unconditional obligations of the County payable from a direct ad valorem tax which has been levied for
the term of the Bonds on all taxable property within the County.
(d) Excludes general obligation debt supported by sewer system revenues, 911 user fees, and housing
rental payments.
Debt Ratios
G.O. Net
Direct Debt *
G.O. Indirect &
Net Direct Debt
To 2002 Indicated Market Value ($1,543,677,665)
Per Capita (16,109 - 2002 Metropolitan Council Estimate)
1.60%
$1,537
2.93%
$2,810
*
Excludes general obligation debt supported by revenues, other long-term debt, and capital lease
installment purchase.
CITY TAX RATES, LEVIES AND COLLECTIONS
Tax Capacity Rates
2002/03
For
1998/99 1999/00 2000/01 2001/02 Total Debt Only
Washington County 27.601% 25.944% 23.997% 31.757% 30.296% 3.726%
City of Stillwater (Urban) 38.555 35.750 35.697 53.417 52.761 18.717
ISD 834 (Stillwater)(a) 54.022 50.434 50.373 28.407 26.566 14.877
Northeast Metro College 0.333 0.261 0.314 0.070 0.098 0.098
Special Districts(b) 11.397 11.587 14.008 8.980 9.133 2.204
Total 131.908% 123.976% 124.389% 122.631% 118.854% 39.622%
(a) Independent School District 834 (Stillwater) also has a 2002103 tax rate of 0.18034% spread on the
market value of property in support of an excess operating levy.
(b) Special Districts include Metropolitan Council, Regional Transif District, Washington County HRA,
Metropolitan Mosquito Control District, Browns Creek Watershed, and the Regional Rail Authority.
- 13 -
Tax Collections for the City
Levv/Collect
2003/04
2002/03
2001/02
2000/01
1999/00
1998/99
*
Net
~.
Collected During
Collection Year
Amount Percent
Collected
As of 10-31-03
Amount Percent
$7,297,296
6,137,590
5,445,489
4,700,586
4,315,153
4,237,359
(In Process of Collection)
(Collections Not Available)
98.1 % $5,406,793
98.3 4,667,118
98.3 4,297,414
98.6 4,229,795
$5,343,043
4,620,565
4,240,410
4,178,056
98.3%
99.3
99.6
99.8
The net levy excludes state aid for property tax relief and fiscal disparities, if applicable. The net levy
is the basis for computing tax capacity rates. The net levy starting in 2001/02 was affected by
legislative changes in 2001 to the Minnesota property tax law. See Appendix /II.
FUNDS ON HAND
As of November 30, 2003
General
Special Revenue
Capital Projects
Enterprise
Debt Service:
G.O. Debt Supported by Taxes
G.O. Debt Supported by Taxes and/or
Special Assessments
G.O. Debt Supported by Tax Increment
G.O. Debt Supported by Revenues
$ 1,545,388
1,865,496
7,430,295
2,011,189
1 ,255,462
1,398,010
1,551,959
498,055
$17,555,854
Total
CASH AND INVESTMENTS
As of November 30, 2003, the City's fund cash balance totaled $17,555,854. All investments
are held in certificates of deposit, U.S. Government, U.S. federal agency securities, and
repurchase agreements. Interest rates of the City's portfolio range from 1.1 % to 6.525%. The
investments mature in a range of six months to ten years.
A formal investment policy is maintained, with all investments for the City made by the City
Ad ministrator/Treasurer.
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.
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filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above,
unaudited financial statements shall be provided as part of the Annual Report. The accounting
principles pursuant to which the financial statements will be prepared will be pursuant to
generally accepted accounting principles promulgated by the Financial Accounting Standards
Board, as such principles are modified by the governmental accounting standards promulgated by
the Government Accounting Standards Board, as in effect from time to time. If Audited
Financial Statements are not provided because they are not available on or before the date for
filing the Annual Report, the Issuer shall promptly provide them to the Repositories when
available.
SECTION 5. Reporting of Significant Events.
A. This Section 5 shall govern the giving of notices of the occurrence of any of the following
events with respect to the Bonds, if material:
(1) principal and interest payment delinquency;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform;
(6) adverse tax opinions or events affecting the tax-exempt status ofthe security;
(7) modifications to rights of security holders;
(8) Bond calls;
(9) defeasances;
(10) release, substitution or sale of property securing repayment of the Bonds; and
(11) rating changes.
B. Whenever an event listed in Section 5.A. above has occurred, the Issuer shall as soon as
possible determine if such event would constitute material information for Owners of Bonds. If
knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such
Occurrence with each National Repository or the MSRB and with the State Depository, if any.
C. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National
Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to
provide the Annual Reports described in Section 4.
SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this
Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment
in full of all of the Bonds.
SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Undertaking, and may discharge any such Agent, with or without appointing a successor
Dissemination Agent.
SECTION 8. Amendment Waiver. Notwithstanding any other provision of this
Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of
this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary
business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and
of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been
effective on the date hereof but taking into account any subsequent change in or official
interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of
counsel expert in federal securities laws to the effect that such amendment or waiver would not
materially impair the interests of Owners.
SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be
deemed to prevent the Issuer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Undertaking or any other means of communication, or
including any other information in any Annual Report or notice of an Occurrence, in addition to
that which is required by this Disclosure Undertaking. If the Issuer chooses to include any
11-7
DPC Data Inc.
One Executive Drive
Fort Lee, NJ 07024
Phone: (201) 346-0701; Fax:(201) 947-0107
E-Mail: Nrmsir@dpcdata.com
"Occurrence(s)" shall mean any of the events listed in Section 5.A. of this Disclosure
Undertaking.
"Official Statement" shall be the Official Statement dated
prepared in connection with the Bonds.
"Owners" shall mean the registered holders and, if not the same, the beneficial owners of any
Bonds.
"Participating Underwriter" shall mean any of the original underwriters of the Bonds required
to comply with the Rule in connection with offering of the Bonds.
"Repository" shall mean each National Repository and each State Depository.
"Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the
Issuer providing for, and authorizing the issuance of, the Bonds.
"Rule" shall mean Rule 15c2 12(b)(5) adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time or
interpreted by the Securities and Exchange Commission.
"State" shall mean the State of Minnesota.
"State Depository" shall mean any public or private repository or entity designated by the State
as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking,
there is no State Depository in Minnesota.
SECTION 3. Provision of Annual Reports.
A. Beginning in connection with the Fiscal Year ending on December 31, 200_, the Issuer
shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later
than December 31, 200 , and by December 31 of each year thereafter, provide to each
Repository an Annual Report which is consistent with the requirements of Section 4 of this
Disclosure Undertaking.
B. If the Issuer is unable to provide to the Repositories an Annual Report by the date
required in subsection A, the Issuer shall send a notice of such delay and estimated date of
delivery to each Repository or to the MSRB and to the State Depository, if any.
SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall
contain or incorporate by reference the financial information and operating data pertaining to the
Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be
submitted to each Repository as a single document or as separate documents comprising a
package, and may cross-reference other information as provided in this Disclosure Undertaking.
The following financial information and operating data shall be supplied:
A. An update of the operating and financial data of the type of information contained in the
Official Statement under the captions City Property Values; City Indebtedness; and City Tax
Rates, Levies And Collections.
B. Data extracted from preliminary, unaudited financial statements of the Issuer and from
past audited financial statements of the Issuer in the form and of the type contained in the
Appendix of the Official Statement.
C. Audited Financial Statements of the Issuer. The Audited Financial Statements of the
Issuer may be submitted to each Repository separately from the balance of the Annual Report. In
the event Audited Financial Statements of the Issuer are not available on or before the date for
11-6
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GENERAL INFORMATION CONCERNING THE CITY
Stillwater is located in central Washington County on the St. Croix River, approximately
20 miles east of the Minneapolis/Saint Paul metropolitan area. Stillwater encompasses an area
of approximately 7.64 square miles (4,891 acres).
Year
U.S. Census
Population
%Chanqe
2002
2001
2000
1990
1980
1970
16,109*
15,589*
15,143
13,882
12,290
10,191
3.3%
2.9
9.1
13.0
20.6
Metropolitan Council estimate.
Although the City's tax base is primarily residential, the economy is influenced by a large
number of public employers. Stillwater is the Washington County Seat and the headquarters
for Independent School District 834. The adjacent cities of Bayport and Oak Park Heights are
the homes of two major State correctional facilities.
Major Employers in the Area
Emplover
Approximate
Number
of Emplovees
Product/Service
Andersen Corporation*
Independent School District 834
Washington County
Lakeview Memorial Hospital
Cub Foods, Inc.
UFE Incorporated
Minnesota State Prison*
Target Corporation
INCSTAR Corp.
Manufacturing Windows and Doors
Education
Government
Medical
Retail Grocery
Plastic Injection Molding
Correctional Institution
Retail
Medical Manufacturing
4,000
1,200
970
650
550
350
329
180
165
*
These employers are outside the City of Stillwater.
Source: Minnesota Fact Book 2003 and survey of individual employers, December 2003.
Labor Force Data
November 2003
Civilian Unemployment
Labor Force Rate
November 2002
Civilian Unemployment
Labor Force Rate
Washington County
Minneapolis-St. Paul MSA
State of Minnesota
122,730
1,830,805
2,932,138
4.2%
4.1
4.2
123,219
1,838,345
2,923,303
3.2%
3.8
3.9
Source: Minnesota Department of Economic Security. 2003 data are preliminary.
- 15-
Recent Development
Stillwater's residents and business owners in the early 1970s began to encourage the historic
preservation of City structures, both commercial and residential. This movement has been at
least partially responsible for restoring the City's downtown area to its original nineteenth-
century river town character, with many businesses and shops housed in buildings more than
100 years old. Downtown Stillwater and eight residential structures are on the National
Register of Historic Places. Many of the City's older homes have been restored to their
historical period and are occasionally open for public tours. During 1991 and 1992, the City
undertook a $9,000,000 street and utility rehabilitation improvement project in the downtown
area. The project included separation of storm sewer connections from the sanitary sewer
system, new streets and sidewalks, replacement of 100 year old sewer and water mains, and
new street lighting. The restoration/preservation movement has generated a significant tourist
trade which is important to the City's economy.
During 2001, the City continued to work with developers to carry out Phases I and II and the
beginning of Phase II of plans related to the Orderly Annexation agreement between the City of
Stillwater and Stillwater Township, within the guidelines established in the City's updated
Comprehensive Plan. The Comprehensive Plan calls for growth of the City to the north, west,
and south during 1996 to 2020. The growth will include annexation of approximately
1,800 acres of land, 1,200 new housing units, and 60 acres of land that is located along Trunk
Highway 36, that is planned for light industrial development. Five hundred lakeshore, traditional
and cottage town homes units should be constructed over the next three to four years in the
Phase I and Phase II areas. The market value of the units ranges from $250,000 to $500,000.
2003 saw the sixth year of operation for the new St. Croix Valley Recreation Center. A second
ice rink addition to the Recreation Center was completed and in operation in October 2000.
The Center now includes two sheets of ice and a multi-use domed fieldhouse. The City also
operates a third ice arena at the Lily Lake sports facilities complex.
During 2000, several new businesses, including a major restaurant, printing operation, and an
express motel were constructed in Market Place, a major retail center. During 2001 the City
continued to work with development groups to further develop and preserve the historic
downtown business district. In November 2001 the City gave concept approval to the
redevelopment of the historic Minnesota Territorial Prison, located on the north edge of the
downtown area. The development concept is to convert the site into 200 housing units and
about 12,000 square feet of retail/office space. The project would be phased in over a
three-year period. The market value of the completed project is estimated to be $44,000,000.
A development agreement was executed in August 2003 and three of the five pads are
currently under construction.
Land has been purchased for a 59-unit condominium project on the north end of the historic
downtown district. The City has received grants totaling $724,000 to assist in the cleanup of
contaminated soils on the site. Pre-sales for the project have started and a final development
agreement has been executed. Total value is estimated to be $32,000,000. In addition, the
City Council recently approved the Arbours on North Main, a 98-unit condominium with an
estimated value of $15,000,000. The project is now awaiting design review.
When all these projects are developed, they will total $102,000,000 in market value and bring
an additional 427 condominium units to the downtown area. These projects are being
developed in strict compliance with the City's Comprehensive Plan with the goal of revitalizing
the central business district on a 12-month per year basis.
- 16 -
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4
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This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and
delivered by the City of Stillwater, Minnesota (the "Issuer"), in connection with the issuance of
$755,000 General Obligation Capital Outlay Bonds, Series 2004B (the "Bonds"). The Bonds are
being issued pursuant to a Resolution adopted on February 3,2004 (the "Resolution"). Pursuant
to the Resolution and this Undertaking, the Issuer covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is
being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the
Participating Underwriters in complying with SEC Rule 15c2 12(b)(5).
SECTION 2. Definitions. In addition to the definitions set forth in the Resolution,
which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined
in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any annual financial information provided by the Issuer pursuant
to, and as described in, Sections 3 and 4 of this Disclosure Undertaking.
"Audited Financial Statements" shall mean the financial statements of the Issuer audited
annually by an independent certified public accounting firm, prepared pursuant to generally
accepted accounting principles promulgated by the Financial Accounting Standards Board,
modified by governmental accounting standards promulgated by the Government Accounting
Standards Board.
"Dissemination Agent" shall mean such party from time to time designated in writing by the
Issuer to act as information dissemination agent and which has filed with the Issuer a written
acceptance of such designation.
"Fiscal Year" shall be the fiscal year of the Issuer.
"Governing Body" shall, with respect to the Bonds, have the meaning given that term in
Minnesota Statutes, Section 475.51, Subdivision 9.
"MSRB" shall mean the Municipal Securities Rulemaking Board.
"National Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. Currently, the following are National Repositories:
Bloomberg Municipal Repository
100 Business Park Drive
Skillman, NJ 08558
Phone: (609) 279-3225; Fax: (609) 279-5962
E-mail: Munis@Bloomberg.com
FT Interactive Data
Attn: Repository
100 Williams Street
New York, NY 10038
Phone: (212) 771-6899; Fax: (212) 771-7390
E-mail: NRMSIR@FTID.com
Standard & Poor's Securities Evaluation Inc.
55 Water Street - 45th Floor
New York, NY 10041
Attn: Repository Services
Phone: (212) 438-4595; Fax: (212) 438-3975
E-mail: nnnsir_repository@sandp.com
11-5
information in any Annual Report or notice of an Occurrence in addition to that which is
specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under
this Disclosure Undertaking to update such information or include it in any future Annual Report
or notice of an Occurrence.
SECTION 10. Default. In the event of a failure of the Issuer to provide information
required by this Disclosure Undertaking, any Owner may take such actions as may be necessary
and appropriate, including seeking mandamus or specific performance by court order, to cause
the Issuer to comply with its obligations to provide information under this Disclosure
Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of
Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event
of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to
compel performance.
SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the
benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds,
and shall create no rights in any other person or entity.
SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing
any information required under the Rule if a final determination should be made by a court of
competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions
of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer
determines that such modification is required by the Rule or by a court of competent jurisdiction.
Date: , 2004. CITY OF STILL WATER, MINNESOTA
By
Its Mayor
By
Its Clerk
11-4
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Summary of Building Permits
Total Permits
Number Value
Sinqle-Familv Home Permits
Number Value
2003 (11-30)
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
$56,242,090
65,586,810
60,598,170
53,266,824
35,768,761
24,950,228
23,218,109
25,436,052
22,471,404
22,012,582
39,390,000
95
104
104
106
106
37
36
18
49
87
121
$24,986,582
25,822,696
23,856,139
26,585,488
21,541,330
6,578,231
4,712,835
2,919,500
5,739,224
9,822,674
3,614,982
1,596
2,067
1,616
1,606
624
925
918
577
916
983
1,061
Financial Institutions
Commercial banks located in the City include Central Bank; Eagle Valley Bank, National
Association; First State Bank and Trust; Lake Elmo Bank; Wells Fargo Bank Minnesota,
National Association; TCF National Bank Minnesota; S & C Bank, U.S. Bank National
Association and Jennings State Bank.
Source: http://www3.fdic.gov/idasp/
Medical Services
Lakeview Memorial Hospital, owned by a private nonprofit corporation, is a 97-bed general
hospital facility located in the City. There are three nursing homes in the City with a total of
286 licensed beds.
Source: http://www.health.state.mn.us/divs/fpc/directory/fpcdir.html
Education
Independent School District 834 serves the City of Stillwater and some surrounding
communities. The District has a 2003/04 enrollment of approximately 9,400 students in grades
kindergarten through twelve. The physical plant of the District includes ten elementary schools,
two junior high schools, one senior high school, one alternative learning center, one early
childhood family center and one charter school.
- 17 -
GOVERNMENTAL ORGANIZATION AND SERVICES
Organization
Stillwater has been a municipal corporation with a Mayor-Council form of government since
1854, and is organized and governed pursuant to a Home Rule Charter adopted in 1926. The
Mayor is elected at-large, and all four Council members are elected by Wards to serve four-
year overlapping terms of office. The present Council is comprised of the following members:
Expiration of Term
Jay L. Kimble
Gary Kriesel
Wally Milbrandt
John Rheinberger
David Junker
Mayor
Council Member (Ward 4)
Council Member (Ward 3)
Council Member (Ward 2)
Council Member (Ward 1)
January 2007
January 2007
January 2005
January 2005
January 2007
The Administrator is responsible for the daily management of City business and the
administration of policy as directed by the Council. The City Administrator/Treasurer, Mr. Larry
Hansen has served in this capacity since January 2002. Previously, since 1987, Mr. Hansen
was the City Administrator/Clerk/Treasurer for the City of Stewartville, Minnesota. Official
record-keeping functions are the responsibility of the City Clerk, Ms. Diane Ward.
The City employs approximately 89 full-time persons in its various departments, which include
fire, police, public works, administration, parks and recreation, library, and public utilities.
Services
City-wide police protection is provided by 24 full-time personnel and officers. The Stillwater Fire
Department, comprised of eight full-time members and 34 volunteers, serves the City and some
surrounding communities. Stillwater has a class 4 fire insurance rating.
Municipal sewer and water service is available to virtually all of the presently developed areas of
the City. The water utility is governed by a three-member Board of Water Commissioners, all of
whom are appointed by the Mayor with approval of the Council.
The water supply is taken from seven wells. The combined pumping capacity for the wells is
6,100 gallons per minute. The system has a storage capacity of 3.25 million gallons. Daily
water demand for the City averages 1.9 million gallons per day; peak demand is estimated at
5.5 million gallons per day.
Although the City owns and maintains its own sanitary and storm sewer collection systems, the
wastewater treatment plant and certain other core facilities are owned and operated by the
Metropolitan Council's Office of Environmental Services ("OES") an agency of the Metropolitan
Council.
Electricity and natural gas are provided by Xcel Energy.
Pensions
All full-time and certain part-time employees of the City are covered by defined benefit pension
plans administered by the Public Employees Retirement Association of Minnesota (PERA). The
- 18 -
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.
.
filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above,
unaudited financial statements shall be provided as part of the Annual Report. The accounting
principles pursuant to which the financial statements will be prepared will be pursuant to
generally accepted accounting principles promulgated by the Financial Accounting Standards
Board, as such principles are modified by the governmental accounting standards promulgated by
the Government Accounting Standards Board, as in effect from time to time. If Audited
Financial Statements are not provided because they are not available on or before the date for
filing the Annual Report, the Issuer shall promptly provide them to the Repositories when
available.
SECTION 5. Reporting of Significant Events.
A. This Section 5 shall govern the giving of notices of the occurrence of any of the following
events with respect to the Bonds, ifmaterial:
(1) principal and interest payment delinquency;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform;
(6) adverse tax opinions or events affecting the tax-exempt status of the security;
(7) modifications to rights of security holders;
(8) Bond calls;
(9) defeasances;
(10) release, substitution or sale of property securing repayment of the Bonds; and
(11) rating changes.
B. Whenever an event listed in Section 5.A. above has occurred, the Issuer shall as soon as
possible determine if such event would constitute material information for Owners of Bonds. If
knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such
Occurrence with each National Repository or the MSRB and with the State Depository, if any.
C. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National
Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to
provide the Annual Reports described in Section 4.
SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this
Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment
in full of all of the Bonds.
SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Undertaking, and may discharge any such Agent, with or without appointing a successor
Dissemination Agent.
SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this
Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of
this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary
business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and
of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been
effective on the date hereof but taking into account any subsequent change in or official
interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of
counsel expert in federal securities laws to the effect that such amendment or waiver would not
materially impair the interests of Owners.
SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be
deemed to prevent the Issuer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Undertaking or any other means of communication, or
including any other information in any Annual Report or notice of an Occurrence, in addition to
that which is required by this Disclosure Undertaking. If the Issuer chooses to include any
11-3
DPC Data Inc.
One Executive Drive
Fort Lee, NJ 07024
Phone: (201) 346-0701; Fax:(201) 947-0107
E-Mail: Nrmsir@dpcdata.com
"Occurrence(s)" shall mean any of the events listed in Section 5.A. of this Disclosure
Undertaking.
"Official Statement" shall be the Official Statement dated
prepared in connection with the Bonds.
"Owners" shall mean the registered holders and, if not the same, the beneficial owners of any
Bonds.
"Participating Underwriter" shall mean any of the original underwriters of the Bonds required
to comply with the Rule in connection with offering of the Bonds.
"Repository" shall mean each National Repository and each State Depository.
"Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the
Issuer providing for, and authorizing the issuance of, the Bonds.
"Rule" shall mean Rule 15c2 12(b)(5) adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time or
interpreted by the Securities and Exchange Commission.
"State" shall mean the State of Minnesota.
"State Depository" shall mean any public or private repository or entity designated by the State
as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking,
there is no State Depository in Minnesota.
SECTION 3. Provision of Annual Reports.
A. Beginning in connection with the Fiscal Year ending on December 31, 200_, the Issuer
shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later
than December 31, 200 , and by December 31 of each year thereafter, provide to each
Repository an Annual Report which is consistent with the requirements of Section 4 of this
Disclosure Undertaking.
B. If the Issuer is unable to provide to the Repositories an Annual Report by the date
required in subsection A, the Issuer shall send a notice of such delay and estimated date of
delivery to each Repository or to the MSRB and to the State Depository, if any.
SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall
contain or incorporate by reference the financial information and operating data pertaining to the
Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be
submitted to each Repository as a single document or as separate documents comprising a
package, and may cross-reference other information as provided in this Disclosure Undertaking.
The following financial information and operating data shall be supplied:
A. An update of the operating and financial data of the type of information contained in the
Official Statement under the captions City Property Values; City Indebtedness; and City Tax
Rates, Levies And Collections.
B. Data extracted from preliminary, unaudited financial statements of the Issuer and from
past audited financial statements of the Issuer in the form and of the type contained in the
Appendix of the Official Statement.
C. Audited Financial Statements of the Issuer. The Audited Financial Statements of the
Issuer may be submitted to each Repository separately from the balance of the Annual Report. In
the event Audited Financial Statements of the Issuer are not available on or before the date for
11-2
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PERA administers the Public Employees Retirement Fund and the Public Employees Police
and Fire Fund which are cost-sharing multiple-employer public employee retirement systems.
Public Employees Retirement Fund members belong to either the Coordinated Fund or the
Basic Fund. Coordinated members are covered by Social Security and Basic members are not.
All police officers, fire fighters and peace officers who qualify for membership by statute are
covered by the Police and Fire Fund. The PERA plans provide pension benefits, deferred
annuity, and death and disability benefits. Benefits are established by State statute. The City's
contributions to the Public Employees Retirement Fund for the years ending December 31,
2002, 2001, and 2000 were $150,168, $135,442, and $123,150, respectively. The City's
contributions to the Public Employees Police and Fire Fund for the years ending December 31,
2002, 2001, and 2000 were $156,472, $150,508, and $136,288, respectively. The City's
contributions were equal to the contractually required obligations for each year as set by state
statute.
Fire pensions are payable from the Stillwater Firemen's Relief Association, an organization
incorporated under Minnesota Statutes to which the City contributes. Contributions were made
by the State of Minnesota in 2002, 2001, and 2000 totaling $101,410, $87,142, and $83,966,
respectively and no contribution was required to be made by the City.
(The Balance of This Page Has Been Intentionally Left Blank)
- 19 -
General Fund Budget Summary
2003 Amended 2004 Adopted . .
Budqet Budqet
Revenues:
Property Taxes $4,273,490 $4,727,714
Franchise Fees 96,180 402,000
Licenses and Permits 656,720 669,715
Special Assessments 400 1,900
Intergovernmental 1,095,954 1,044,311
Charges for Services 1,083,676 1,070,280
Fines and Forfeits 130,000 129,000
Miscellaneous 172,650 113,200
Total Revenues $7,509,070 $8,158,120
Expenditures:
General Government $2,122,205 $2,231,515
Public Safety 3,485,055 3,729,977
Public Works 1 ,724,782 1 ,382,706
Total Expenditures $7,332,042 $7,344,198
Revenue Over (Under) Expenditures $ 177,028 $ 813,922
Other Financing Sources (Uses): . .
Transfers In $ 879,618 $ 568,915
Transfers Out* (1,271.650) (1 ,382,837)
Total Other Financing Sources (Uses) $ (392,032) $ (813,922)
Net Increase (Decrease) in Fund Balance: $ (215,004) $ -0-
Fund Balance - January 1 3,092,502 2,877,498
Projected Fund Balance - December 31 $2.877.498 $2.877.498
Normal operating transfers to special revenue funds - Library, Parks, and Special Events.
.
.
- 20-
APPENDIX II
CONTINUING DISCLOSURE UNDERTAKINGS
This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and
delivered by the City of Stillwater, Minnesota (the "Issuer"), in connection with the issuance of
$4,695,000 General Obligation Improvement Bonds, Series 2004A (the "Bonds"). The Bonds
are being issued pursuant to a Resolution adopted on February 3, 2004 (the "Resolution").
Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is
being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the
Participating Underwriters in complying with SEC Rule 15c2 12(b)(5).
SECTION 2. Definitions. In addition to the definitions set forth in the Resolution,
which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined
in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any annual financial information provided by the Issuer pursuant
to, and as described in, Sections 3 and 4 of this Disclosure Undertaking.
"Audited Financial Statements" shall mean the financial statements of the Issuer audited
annually by an independent certified public accounting firm, prepared pursuant to generally
accepted accounting principles promulgated by the Financial Accounting Standards Board,
modified by governmental accounting standards promulgated by the Government Accounting
Standards Board.
"Dissemination Agent" shall mean such party from time to time designated in writing by the
Issuer to act as information dissemination agent and which has filed with the Issuer a written
acceptance of such designation.
"Fiscal Year" shall be the fiscal year of the Issuer.
"Governing Body" shall, with respect to the Bonds, have the meaning given that term in
Minnesota Statutes, Section 475.51, Subdivision 9.
"MSRB" shall mean the Municipal Securities Rulemaking Board.
"National Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. Currently, the following are National Repositories:
Bloomberg Municipal Repository
100 Business Park Drive
Skillman, NJ 08558
Phone: (609) 279-3225; Fax: (609) 279-5962
E-mail: Munis@Bloomberg.com
FT Interactive Data
Attn: Repository
100 Williams Street
New York, NY 10038
Phone: (212) 771-6899; Fax: (212) 771-7390
E-mail: NRMSIR@FTID.com
Standard & Poor's Securities Evaluation Inc.
55 Water Street - 45th Floor
New York, NY 10041
Attn: Repository Services
Phone: (212) 438-4595; Fax: (212) 438-3975
E-mail: nrmsirJepository@sandp.com
11-1
imposed on corporations and financial institutions), and is not an item of tax preference for
purposes of the federal alternative minimum tax imposed on individuals and corporations or the
Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted,
however, that for the purpose of computing the federal alternative minimum tax imposed on
corporations, such interest is taken into account in determining adjusted current earnings. The
opinions set forth in the preceding sentence are subject to the condition that the Issuer comply
with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied
subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be,
excluded from gross income for federal income tax purposes and from both gross income and
net income for State of Minnesota income tax purposes. Failure to comply with certain of such
requirements may cause the inclusion of interest on the Bonds in gross income and taxable net
income retroactive to the date of issuance of the Bonds.
We express no opinion regarding other state or federal tax consequences caused by the
receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds.
BRIGGS AND MORGAN
Professional Association
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APPENDIX I
PROPOSED FORMS OF LEGAL OPINIONS
BRIGGS AND :M:ORGAN
2200 FIRST NATIONAL BANK BUILDING
332 MINNESOTA STREET
SAINT PAUL, MINNESOTA 55101
1ELEPHONE (651) 223-6600
FACSIMILE (651) 223-6450
PROFESSIONAL ASSOCIATION
WWW.BRIGGS.COM
$4,695,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A
CITY OF STILLWATER
WASHINGTON COUNTY
MINNESOTA
We have acted as bond counsel in connection with the issuance by the City of Stillwater,
Washington County, Minnesota (the "Issuer"), of its $4,695,000 General Obligation
Improvement Bonds, Series 2004A, bearing a date of original issue of March 1, 2004 (the
"Bonds"). We have examined the law and such certified proceedings and other documents as we
deem necessary to render this opinion.
We have not been engaged or undertaken to review the accuracy, completeness or
sufficiency of the Official Statement or other offering material relating to the Bonds, and we
express no opinion relating thereto.
As to questions of fact material to our opinion, we have relied upon the certified
proceedings and other certifications of public officials furnished to us without undertaking to
verify the same by independent investigation.
Based upon such examinations, and assuming the authenticity of all documents submitted
to us as originals, the conformity to original documents of all documents submitted to us as
certified or photostatic copies and the authenticity of the originals of such documents, and the
accuracy of the statements of fact contained in such documents, and based upon present
Minnesota and federal laws (which excludes any pending legislation which may have a
retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our
opinion that:
(1) The proceedings show lawful authority for the issuance of the Bonds according to
their terms under the Constitution and laws ofthe State of Minnesota now in force.
(2) The Bonds are valid and binding general obligations of the Issuer and all of the
property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same
without limitation as to rate or amount; provided that the enforceability (but not the validity) of
the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subj ect
to the exercise of judicial discretion in accordance with general principles of equity, to the
constitutional powers of the United States of America and to bankruptcy, insolvency,
reorganization, moratorium and other similar laws affecting creditors' rights heretofore or
hereafter enacted.
(3) At the time of the issuance and delivery of the Bonds to the original purchaser, the
interest on the Bonds is excluded from gross income for United States income tax purposes and
is excluded, to the same extent, from both gross income and taxable net income for State of
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Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and
imposed on corporations and financial institutions), and is not an item of tax preference for
purposes of the federal alternative minimum tax imposed on individuals and corporations or the
Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted,
however, that for the purpose of computing the federal alternative minimum tax imposed on
corporations, such interest is taken into account in determining adjusted current earnings. The
opinions set forth in the preceding sentence are subject to the condition that the Issuer comply
with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied
subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be,
excluded from gross income for federal income tax purposes and from both gross income and
net income for State of Minnesota income tax purposes. Failure to comply with certain of such
requirements may cause the inclusion of interest on the Bonds in gross income and taxable net
income retroactive to the date of issuance of the Bonds.
We express no opinion regarding other state or federal tax consequences caused by the
receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds.
BRIGGS AND MORGAN
Professional Association
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BRIGGS AND lVlORGAN
2200 FIRST NATIONAL BANK BUILDING
332 MINNESOTA STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE (651) 223-6600
FACSIMILE (651) 223-6450
PROFESSIONAL ASSOOATION
WWW.BRIGGS.COM
$755,000
GENERAL OBLIGATION CAPIT AL OUTLAY BONDS, SERIES 2004B
CITY OF STILLWATER
WASHINGTON COUNTY
MINNESOTA
We have acted as bond counsel in connection with the issuance by the City of Stillwater,
Washington County, Minnesota (the "Issuer"), of its $755,000 General Obligation Capital Outlay
Bonds, Series 2004B, bearing a date of original issue of March 1, 2004 (the "Bonds"). We have
examined the law and such certified proceedings and other documents as we deem necessary to
render this opinion.
We have not been engaged or undertaken to review the accuracy, completeness or
sufficiency of the Official Statement or other offering material relating to the Bonds, and we
express no opinion relating thereto.
As to questions of fact material to our opinion, we have relied upon the certified
proceedings and other certifications of public officials furnished to us without undertaking to
verify the same by independent investigation.
Based upon such examinations, and assuming the authenticity of all documents submitted
to us as originals, the conformity to original documents of all documents submitted to us as
certified or photostatic copies and the authenticity of the originals of such documents, and the
accuracy of the statements of fact contained in such documents, and based upon present
Minnesota and federal laws (which excludes any pending legislation which may have a
retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our
opinion that:
(1) The proceedings show lawful authority for the issuance of the Bonds according to
their terms under the Constitution and laws of the State of Minnesota now in force.
(2) The Bonds are valid and binding general obligations of the Issuer and all of the
property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same
without limitation as to rate or amount; provided that the enforceability (but not the validity) of
the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject
to the exercise of judicial discretion in accordance with general principles of equity, to the
constitutional powers of the United States of America and to bankruptcy, insolvency,
reorganization, moratorium and other similar laws affecting creditors' rights heretofore or
hereafter enacted.
(3) At the time of the issuance and delivery of the Bonds to the original purchaser, the
interest on the Bonds is excluded from gross income for United States income tax purposes and
is excluded, to the same extent, from both gross income and taxable net income for State of
Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF STILL WATER, MINNESOTA
HELD: February 3, 2004
Pursuant to due call, a regular meeting of the City Council of the City of Stillwater,
Washington County, Minnesota, was duly held at the City Hall on February 3,2004, at 7:00
P.M., for the purpose, in part, of considering proposals for, and awarding the competitive
negotiated sale of, $755,000 General Obligation Capital Outlay Bonds, Series 2004B.
The following members were present:
and the following were absent:
The City Clerk presented proposals on $755,000 General Obligation Capital Outlay
Bonds, Series 2004B of the City, for which proposals were to be received, opened and tabulated
by the City Clerk, or designee, this same day, in accordance with the resolution adopted by the
City Council on January 6, 2004.
The following proposals were received, opened and tabulated (1,1 12:00 noon, Central
Time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or designee, on
this same day:
Bidder
Interest Rate
True Interest Cost
See attached
1612343vl
The Council then proceeded to consider and discuss the proposals, after which member .
introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE
OF $755,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2004B AND
PROVIDING FOR THEIR ISSUANCE
A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has
heretofore determined and declared that it is necessary and expedient to issue $755,000 General
Obligation Capital Outlay Bonds, Series 2004B (the "Bonds" or, individually, a "Bond"),
pursuant to Minnesota Statutes, Chapter 475, and Sections 10.5 and 10.6 of the City's Charter, to
finance the cost of the 2004 capital outlay projects of various City departments (the "Project") as
more fully described in the resolution duly adopted by the City Council on January 6, 2004; and
B. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book-
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable .
proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser.
The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the
unsuccessful bidders any good faith checks or drafts.
2. Bond Terms.
(a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The
Bonds shall be dated March 1, 2004, as the date of original issue and shall be issued forthwith on
or after such date as fully registered bonds. The Bonds shall be numbered from R-l upward in
the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts
as follows:
Year
Amount
2005
2006-2008
2009-2010
2011-2012
$120,000
85,000
90,000
100,000
All dates are inclusive.
.
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As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO., as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee").
.
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
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1612343vl
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's .
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph lO, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
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(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(c) Termination of Book-Entrv Only System. Discontinuance of a particular
Depository's services and termination ofthe book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
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services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph II. To the extent that the
Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of
the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is
estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed
with due diligence to completion. The City covenants that it shall do all things and perform all
acts required of it to assure that work on the Project proceeds with due diligence to completion
and that any and all permits and studies required under law for the Project are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2004,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year
Interest Rate
2005
2006
2007
2008
2009
2010
2011
2012
%
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J612343vl
5. Redemption. The Bonds are not subject to redemption and prepayment prior to
their stated maturity dates.
6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this
resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
WASHINGTON COUNTY
CITY OF STILL WATER
R-
$
GENERAL OBLIGA TION CAPITAL OUTLAY BOND, SERIES 2004B
Interest Rate
Maturity Date
Date of Original Issue
CUSIP
February 1,
March 1,2004
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Stillwater, Washington County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, without option of prior redemption, and to pay interest thereon
semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"),
commencing August 1, 2004, at the rate per annum specified above (calculated on the basis of a
360-day year of twelve 30-day months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of original issue hereof. The principal of
and premium, if any, on this Bond are payable upon presentation and surrender hereof at the
principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond
Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the
person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration
books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth day of the calendar month next preceding such Interest
Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be
payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution, and surrender ofthis
Bond shall not be required for payment of the redemption price upon a partial redemption of this
Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may
only be registered in the name of the Depository or its Nominee.
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1612343vl
Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and
prepayment prior to their stated maturity date.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $755,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate and denomination, issued pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, the Issuer's charter and a resolution adopted by the City
Council on February 3,2004 (the "Resolution"), for the purpose of providing money to finance
the Issuer's 2004 capital outlay projects. This Bond is payable out of the General Obligation
Capital Outlay Bonds, Series 2004B Fund of the Issuer. This Bond constitutes a general
obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal,
premium, if any, and interest when the same become due, the full faith and credit and taxing
powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shaH have been executed
by the Bond Registrar.
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Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota and the Issuer's charter to be
done, to happen and to be performed, precedent to and in the issuance of this Bond, have been
done, have happened and have been performed, in regular and due form, time and manner as
required by law, and that this Bond, together with all other debts of the Issuer outstanding on the
date of original issue hereof and the date of its issuance and delivery to the original purchaser,
does not exceed any constitutional, charter or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its
City Council has caused this Bond to be executed on its behalfby the facsimile signatures of its
Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
Registrable by: U.S. BANK NA TIONAL ASSOCIATION
Payable at:
u.S. BANK NATIONAL ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
CITY OF STILL WATER,
WASHINGTON COUNTY,
MINNESOTA
Mayor
U.S. BANK NATIONAL
ASSOCIATION
St. Paul, Minnesota,
Bond Registrar
City Clerk
By
Authorized Signature
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1612343vl
ABBREVIA TIONS
The following abbreviations, when used in the inscription on the face ofthis Bond, shall be .
construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust)
under the
(Minor)
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the within
Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within Bond
in every particular, without alteration or any change whatever.
.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
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8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its
Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of
the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and
provided further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either officer, the Bonds may be
signed by the manual or facsimile signature of an officer who may act on behalf of the absent or
disabled officer. In case either officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the delivery ofthe Bonds, the signature
or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer
had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive
bonds, one or more typewritten temporary bonds in substantially the form set forth above, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond.
Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and
City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative ofthe Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and, by inserting as the date of registration in the space provided, the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is March 1, 2004. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
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any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the ..
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument oftransfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The City Clerk is hereby
authorized to negotiate and execute the terms of said agreement.
II. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, .
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
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] 4. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper application thereof.
] 5. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Capital Outlay Bonds, Series 2004B Fund" (the "Fund"), to be administered
and maintained by the Administrator as a bookkeeping account separate and apart from all other
accounts maintained in the official financial records of the City. The Fund shall be maintained in
the manner herein specified until all of the Bonds and the interest thereon have been fully paid.
There shall be maintained in the Fund the following separate accounts:
(a) Construction Account. To the Construction Account there shall be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon, less any amount paid
for the Bonds in excess of $747,450. From the Construction Account there shall be paid all costs
and expenses of making the Project, including the cost of any construction contracts heretofore
let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes,
Section 475.65. The moneys in the Construction Account shall be used for no other purpose
except as otherwise provided by law; provided that the proceeds of the Bonds may also be used
to the extent necessary to pay interest on the Bonds due prior to the anticipated date of
commencement of the collection of taxes herein levied; and provided further that ifupon
completion of the Project there shall remain any unexpended balance in the Construction
Account, the balance shall be transferred by the Council to the Debt Service Account.
(b) Debt Service Account. There are hereby pledged and there shall be credited to
the Debt Service Account: (i) all accrued interest received upon delivery ofthe Bonds; (ii) any
amount paid for the Bonds in excess of $747,450; (iii) collections of all taxes herein or hereafter
levied for the payment of the Bonds and interest thereon; (iv) all funds remaining in the
Construction Account after completion of the Project and payment of the costs thereof; (v) all
investment earnings on moneys held in the Debt Service Account; and (vi) any and all other
moneys which are properly available and are appropriated by the governing body of the City to
the Debt Service Account. The Debt Service Account shall be used solely to pay the principal
and interest and any premiums for redemption of the Bonds and any other general obligation
bonds of the City hereafter issued by the City and made payable from the Debt Service Account
as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher
yielding investments or to replace funds which were used directly or indirectly to acquire higher
yielding investments, except (]) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an
amount not greater than five percent of the proceeds of the Bonds. To this effect, any sums from
time to time held in the Construction Account or Debt Service Account (or any other City fund
or account which will be used to pay principal or interest to become due on the bonds payable
therefrom) in excess of amounts which under then applicable federal arbitrage regulations may
be invested without regard as to yield shall not be invested at a yield in excess ofthe applicable
yield restrictions imposed by said arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion" made available under the federal
arbitrage regulations. In addition, the proceeds of the Bonds and money in the Construction
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Account or Debt Service Account shall not be invested in obligations or deposits issued by,
guaranteed by or insured by the United States or any agency or instrumentality thereof if and to
the extent that such investment would cause the Bonds to be "federally guaranteed" within the .
meaning of Section] 49(b) of the federal Interna] Revenue Code of ] 986, as amended (the
"Code").
16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other genera] property taxes in the City for the years and in the amounts as follows:
Year of Tax Levy
Year of Tax Collection
Amount
2004-2010
2005-20] ]
See attached Levy Schedule
The City has heretofore levied $] 50,000 in 2003 for payment of the principal and interest
on the Bonds in 2004, a direct ad valorem tax which shall be spread upon the tax rolls and
collected with and as part of other genera] property taxes in the City.
The tax levies are such that if collected in full they, together with estimated collections of
other monies herein pledged for the payment of the Bonds, will produce at least five percent in
excess of the amount needed to meet when due the principal and interest payments on the Bonds.
The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid,
provided that the City reserves the right and power to reduce the levies in the manner and to the
extent permitted by Minnesota Statutes, Section 475.6], Subdivision 3.
] 7. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity or, if notice of redemption as herein required has been duly
provided for, to such earlier redemption date.
18. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section].] 50-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
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City to reimburse itself for any expenditure which the City paid or wilJ have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement
Expenditures not in excess of the lesser of $1 00,000 or 5% of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2( d)(3) of the
Reimbursement Regulations.
. (c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and wilJ be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that
such action will not impair the tax-exempt status ofthe Bonds.
19. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule l5c2-l2 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
.
(a) Provide or cause to be provided to each nationalJy recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
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with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein. .
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and City Clerk of the City, or any other officer of the City authorized to act in
their place with "Officers" are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii)
required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
20. General Obligation Pledge. For the prompt and full payment of the principal and ..-
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
21. Certificate of Registration. The City Clerk is hereby directed to file a certified
copy of this resolution with the County Auditor of Washington County, Minnesota, together with
such other information as the Auditor shall require, and to obtain the County Auditor's certificate
that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy
required by law has been made.
22. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
.
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23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby
covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them
to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such
a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections] 03
and ]4] through] 50 of the Code.
24. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section] 03 of the Code of the interest on the Bonds, including without limitation
(a) requirements relating to temporary periods for investments;
(b) limitations on amounts invested at a yield greater than the yield on the Bonds; and
(c) the rebate of excess investment earnings to the United States.
The City expects to satisfy the eighteen month expenditure exemption for gross proceeds of the
Bonds as provided in Section 1.]48-7(e)(]) of the Regulations. If any elections are available
now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor,
Administrator, or either of them, are hereby authorized and directed to make such elections as
they deem necessary, appropriate or desirable in connection with the Bonds, and all such
elections shall be, and shall be deemed and treated as, elections of the City.
25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, ]986;
(b) the Bonds are not "private activity bonds" as defined in Section ] 4] of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b )(3) of the Code;
(d) the reasonably anticipated amount oftax-exempt obligations (other than private
activity bonds, treating qualified 50] (c )(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2004 will
not exceed $]0,000,000; and
(e) not more than $] 0,000,000 of obligations issued by the City during this calendar
year 2004 have been designated for purposes of Section 265(b )(3) of the Code. The City shall
use its best efforts to comply with any federal procedural requirements which may apply in order
to effectuate the designation made by this paragraph.
26. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any ofthe remaining provisions of this resolution.
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27. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
Adopted February 3, 2004.
Approved:
Mayor
Attest:
City Clerk
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STATE OF MINNESOTA
COUNTY OF WASHINGTON
. CITY OF STILLWATER
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
ex tract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council, duly called and held on
the date therein indicated, insofar as such minutes relate to considering proposals and awarding
the sale of $755,000 General Obligation Capital Outlay Bonds, Series 2004B.
WITNESS my hand on February _,2004.
City Clerk
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STATE OF MINNESOTA
COUNTY OF WASHINGTON
COUNTY AUDITOR'S CERTIFICATE
AS TO TAX LEVY AND REGISTRA nON
I, the undersigned, being the duly qualified and acting County Auditor of Washington
County, Minnesota, DO HEREBY CERTIFY that on the date hereof there was filed in my office
a certified copy of a resolution adopted on February 3, 2004 by the City Council ofthe City of
Stillwater, Minnesota, authorizing the issuance of $755,000 General Obligation Capital Outlay
Bonds, Series 2004B (the "Bonds"), and levying a tax for the payment thereof, together with full
information regarding the Bonds for which the tax was levied; and the Bonds have been entered
in my Bond Register and the tax levy required by law has been made.
WITNESS my hand and the seal of the County Auditor on
,2004.
County Auditor
(SEAL)
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF STILL WATER, MINNESOTA
HELD: February 3,2004
Pursuant to due call, a regular meeting of the City Council of the City of Stillwater,
Washington County, Minnesota, was duly held at the City Hall on February 3,2004, at 7:00
P.M., for the purpose, in part, of considering proposals for, and awarding the competitive
negotiated sale of, $4,695,000 General Obligation Improvement Bonds, Series 2004A.
The following members were present:
and the following were absent:
The City Clerk presented proposals on $4,695,000 General Obligation Improvement
Bonds, Series 2004A of the City, for which proposals were to be received, opened and tabulated
by the City Clerk, or designee, this same day, in accordance with the resolution adopted by the
City Council on January 6, 2004.
The following proposals were received, opened and tabulated at 12 :00 noon, Central
Time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or designee, on
this same day:
Bidder
Interest Rate
True Interest Cost
See attached
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The Council then proceeded to consider and discuss the proposals, after which member .
introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE
OF $4,695,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A AND
PROVIDING FOR THEIR ISSUANCE
A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has
heretofore determined and declared that it is necessary and expedient to issue $4,695,000
General Obligation Improvement Bonds, Series 2004A (the "Bonds" or, individually, a "Bond"),
pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvements within
the City (the "Improvements") as more fully described in the resolution duly adopted by the City
Council on January 6, 2004; and
B. WHEREAS, the Improvements and all their components have been ordered prior
to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be assessed;
and
C. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota, as follows:
.
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser.
The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the
unsuccessful bidders any good faith checks or drafts.
2. Bond Terms.
(a) Title; Ori~inal Issue Date; Denominations; Maturities; Term Bond Option. The
Bonds shall be dated March 1, 2004, as the date of original issue and shall be issued forthwith on
or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in
the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts
as follows:
.
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Year Amount Year Amount
. 2005 $ 95,000 2012 $375,000
2006 395,000 2013 385,000
2007 360,000 2014 390,000
2008 360,000 2015 400,000
2009 365,000 2016 410,000
2010 370,000 2017 415,000
2011 375,000
All dates are inclusive.
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
.
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO., as the nominee (it or any nominee ofthe existing or a successor
Depository, the "Nominee").
.
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
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by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however, .
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
.
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
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(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agencylbond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(c) Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination ofthe book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 11. To the extent that the
Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the
Improvements shall proceed with due diligence to completion. The City covenants that it shall
do all things and perform all acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2004,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
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Maturity Year
Interest Rate
Maturity Year
Interest Rate
2005
2006
2007
2008
2009
2010
2011
%
2012
2013
2014
2015
2016
2017
%
.
5. Redemption. Bonds maturing on and after February 1, 2014, shall be subject to
redemption and prepayment at the option of the City on February 1,2013, and on any date
thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the
Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts
within each maturity to be redeemed shall be detennined by the City; and if only part of the
Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds at least thirty days prior to the
date fixed for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The .
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in fonn satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
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record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this
resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the folJowing form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
WASHINGTON COUNTY
CITY OF STILLWATER
R-
$
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2004A
Interest Rate
Maturity Date
Date of Original Issue
CU SIP
February I,
March 1,2004
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Stillwater, Washington County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, unless called for prior redemption, and to pay interest thereon
semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"),
commencing August 1, 2004, at the rate per annum specified above (calculated on the basis of a
360-day year of twelve 30-day months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of original issue hereof. The principal of
and premium, if any, on this Bond are payable upon presentation and surrender hereof at the
principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond
Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the
person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration
books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth day of the calendar month next preceding such Interest
Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be
payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution, and surrender of this
Bond shall not be required for payment of the redemption price upon a partial redemption of this
Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may
only be registered in the name of the Depository or its Nominee.
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Redemption. The Bonds of this issue (the "Bonds") maturing on and after February I,
2014, are subject to redemption and prepayment at the option of the Issuer on February 1, 2013,
and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or
in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the
principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if
only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date
fixed for redemption.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the umedeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $4,695,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota, the Issuer's charter and a resolution
adopted by the City Council on February 3, 2004 (the "Resolution"), for the purpose of providing
money to finance various improvement projects within the Issuer. This Bond is payable out of
the General Obligation Improvement Bonds, Series 2004A Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
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rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed ..
by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota and the Issuer's charter to be
done, to happen and to be performed, precedent to and in the issuance of this Bond, have been
done, have happened and have been performed, in regular and due form, time and manner as
required by law, and that this Bond, together with all other debts of the Issuer outstanding on the
date of original issue hereof and the date of its issuance and delivery to the original purchaser,
does not exceed any constitutional, charter or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Stillwater, Washington County, Minnesota, by its
City Council has caused this Bond to be executed on its behalfby the facsimile signatures of its
Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
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Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
U.S. BANK NATIONAL
ASSOCIATION
St. Paul, Minnesota,
Bond Registrar
By
Authorized Signature
1612430vl
Registrable by: U.S. BANK NATIONAL ASSOCIATION
Payable at:
U.S. BANK NATIONAL ASSOCIATION
CITY OF STILLWATER,
WASHINGTON COUNTY,
MINNESOTA
Mayor
City Clerk
11
ABBREVIA TIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall be .
construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust)
under the
(Minor)
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the within
Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within Bond
in every particular, without alteration or any change whatever.
.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is heid by joint account.)
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PREP A YMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
DATE
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AMOUNT
13
AUTHORIZED
SIGNA TURE
OF HOLDER
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its
Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of .
the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and
provided further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either officer, the Bonds may be
signed by the manual or facsimile signature of an officer who may act on behalf of the absent or
disabled officer. In case either officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature
or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer
had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive
bonds, one or more typewritten temporary bonds in substantially the form set forth above, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond.
Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and
City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and, by inserting as the date of registration in the space provided, the date on which .
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is March 1, 2004. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
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any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
. Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in fonn satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which pennit the Bond Registrar to
close its transfer books between record dates and payment dates. The City Clerk is hereby
authorized to negotiate and execute the tenns of said agreement.
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I I. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
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] 4. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper application thereof .
] 5. Fund and Accounts. There is hereby created a special fund to be designated the
"Genera] Obligation Improvement Bonds, Series 2004A Fund" (the "Fund"), to be administered
and maintained by the Administrator as a bookkeeping account separate and apart from all other
accounts maintained in the official financial records of the City. The Fund shall be maintained in
the manner herein specified until all of the Bonds and the interest thereon have been fully paid.
There shall be maintained in the Fund the following separate accounts:
(a) Construction Account. To the Construction Account there shall be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon, less any amount paid
for the Bonds in excess of $4,648,050 plus any special assessments levied with respect to the
Improvements and collected prior to completion of the Improvements and payment of the costs
thereof From the Construction Account there shall be paid all costs and expenses of making the
Improvements, including the cost of any construction contracts heretofore let and all other costs
incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The
moneys in the Construction Account shall be used for no other purpose except as otherwise
provided by law; provided that the proceeds of the Bonds may also be used to the extent
necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the
collection of taxes or special assessments herein levied or covenanted to be levied; and provided
further that ifupon completion of the Improvements there shall remain any unexpended balance
in the Construction Account, the balance (other than any special assessments) shall be transferred
to the Debt Service Account or may be transferred by the Council to the fund of any other .
improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that
any special assessments credited to the Construction Account shall only be applied towards
payment of the costs of the Improvements upon adoption of a resolution by the City Council
determining that the application of the special assessments for such purpose will not cause the
City to no longer be in compliance with Minnesota Statutes, Section 475.6 I, Subdivision 1.
(b) Debt Service Account. There are hereby pledged and there shall be credited to
the Debt Service Account: (i) all accrued interest received upon delivery of the Bonds; (ii) all
collections of special assessments herein covenanted to be levied with respect to the
Improvements and either initially credited to the Construction Account and not already spent as
permitted above and required to pay any principal and interest due on the Bonds or collected
subsequent to the completion of the Improvements and payment of the costs thereof; (iii) any
amount paid for the Bonds in excess of $4,648,050; (iv) collections of all taxes herein or
hereafter levied for the payment of the Bonds and interest thereon; (v) all funds remaining in the
Construction Account after completion of the Improvements and payment of the costs thereof;
(vi) all investment earnings on moneys held in the Debt Service Account; and (vii) any and all
other moneys which are properly available and are appropriated by the governing body of the
City to the Debt Service Account. The Debt Service Account shall be used solely to pay the
principal and interest and any premiums for redemption of the Bonds and any other general
obligation bonds of the City hereafter issued by the City and made payable from the Debt
Service Account as provided by law.
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No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher
yielding investments or to replace funds which were used directly or indirectly to acquire higher
yielding investments, except (I) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an
amount not greater than five percent of the proceeds of the Bonds or $ I 00,000. To this effect,
any proceeds of the Bonds and any sums from time to time held in the Construction Account or
Debt Service Account (or any other City fund or account which will be used to pay principal or
interest to become due on the bonds payable therefrom) in excess of amounts which under then
applicable federal arbitrage regulations may be invested without regard as to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. In addition, the proceeds
of the Bonds and money in the Construction Account or Debt Service Account shall not be
invested in obligations or deposits issued by, guaranteed by or insured by the United States or
any agency or instrumentality thereof if and to the extent that such investment would cause the
Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal
Revenue Code of 1986, as amended (the "Code").
16. Special Assessments. It is hereby determined that no less than twenty percent of
the cost to the City of each Improvement within the meaning of Minnesota Statutes, Section
475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every
assessable lot, piece and parcel ofland benefited by any of the Improvements. The City hereby
covenants and agrees that it will let all construction contracts not heretofore let within one year
after ordering each Improvement financed hereunder unless the resolution ordering the
Improvement specifies a different time limit for the letting of construction contracts. The City
hereby further covenants and agrees that it will do and perform as soon as they may be done all
acts and things necessary for the final and valid levy of such special assessments, and in the
event that any such assessment be at any time held invalid with respect to any lot, piece or parcel
ofland due to any error, defect, or irregularity in any action or proceedings taken or to be taken
by the City or the City Councilor any of the City officers or employees, either in the making of
the assessments or in the performance of any condition precedent thereto, the City and the City
Council will forthwith do all further acts and take all further proceedings as may be required by
law to make the assessments a valid and binding lien upon such property. The special
assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota
Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject
to such adjustments as are required by conditions in existence at the time the assessments are
levied, the assessments are hereby authorized and it is hereby determined that the assessments
shall be payable in equal, consecutive, annual installments, with general taxes for the years
shown below and with interest on the declining balance of all such assessments at a rate per
annum not greater than the maximum permitted by law and not less than % per annum:
Improvement Designation Amount
Collection Years
Levy Years
North Hill $
2004-2015
2005-2016
17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all ofthe taxable property in the City a direct
17
J612430v]
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Year of Tax Levy
Year of Tax Collection
Amount
.
2004-2015
2005-2016
See attached Levy Schedule
The City has heretofore levied $250,000 in 2003 for payment of the principal and interest
on the Bonds in 2004, a direct ad valorem tax which shall be spread upon the tax rolls and
collected with and as part of other general property taxes in the City.
The tax levies are such that if collected in full they, together with estimated collections of
special assessments and other monies herein pledged for the payment of the Bonds, will produce
at least five percent in excess of the amount needed to meet when due the principal and interest
payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are
outstanding and unpaid, provided that the City reserves the right and power to reduce the levies
in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
18. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such .
deposit. The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity or, if notice of redemption as herein required has been duly
provided for, to such earlier redemption date.
19. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
fa) l\.Tr.t l"ter th".... 6() rl""", "ft~r tho rlato of....",~o....t ~+ n D o;mbnrsemen> Expend;>nre
\ J ..I....Vl. U . UJUJJ V uuy,:} U~ \..; JJ\.t U "" PU)11J\..-Hl Vi a .1"-\.,..] 1 U 11 1 l 1 JlU ,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional .
18
1612430vl
.
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement
Expenditures not in excess of the lesser of $1 00,000 or 5% of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2( d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, ifmade within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
. Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that
such action will not impair the tax-exempt status of the Bonds.
20. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modifY from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Ruiemaking Board C'MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
.
19
1612430v]
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information .
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and City Clerk of the City, or any other officer of the City authorized to act in
their place with "Officers" are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii)
required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
2 l. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
22. Certificate of Registration. The City Clerk is hereby directed to file a certified
copy of this resolution with the County Auditor of Washington County, Minnesota, together with
such other information as the Auditor shall require, and to obtain the County Auditor's certificate
that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy
required by law has been made.
.
23. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City
hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections j 03 and j 4 j through j 50 of the Code.
.
20
J6J2430vl
.
.
.
25. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(a) requirements relating to temporary periods for investments;
(b) limitations on amounts invested at a yield greater than the yield on the Bonds; and
( c) the rebate of excess investment earnings to the United States.
The City expects to satisfy the twenty-four month expenditure exemption for gross proceeds of
the Bonds as provided in Section 1. 148-7(e)(1) of the Regulations. Ifany elections are available
now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor,
Administrator, or either of them, are hereby authorized and directed to make such elections as
they deem necessary, appropriate or desirable in connection with the Bonds, and all such
elections shall be, and shall be deemed and treated as, elections of the City.
26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) ofthe Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2004 will
not exceed $10,000,000; and
( e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2004 have been designated for purposes of Section 265(b )(3) of the Code. The City shall
use its best efforts to comply with any federal procedural requirements which may apply in order
to effectuate the designation made by this paragraph.
27. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
28. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
21
16J2430vl
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
.
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
Adopted February 3, 2004.
Approved:
Mayor
Attest
City Clerk
.
.
22
16J2430vl
.
.
.
ST A TE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council, duly called and held on
the date therein indicated, insofar as such minutes relate to considering proposals and awarding
the sale of $4,695,000 General Obligation Improvement Bonds, Series 2004A.
WITNESS my hand on February ,2004.
City Clerk
23
16J2430v]
STATE OF MINNESOTA
COUNTY OF WASHINGTON
COUNTY AUDITOR'S CERTIFICATE
AS TO TAX LEVY AND REGISTRATION
I, the undersigned, being the duly qualified and acting County Auditor of Washington
County, Minnesota, DO HEREBY CERTIFY that on the date hereof there was filed in my office
a certified copy of a resolution adopted on February 3,2004 by the City Council of the City of
Stillwater, Minnesota, authorizing the issuance of $4,695,000 General Obligation Improvement
Bonds, Series 2004A (the "Bonds"), and levying a tax for the payment thereof, together with full
information regarding the Bonds for which the tax was levied; and the Bonds have been entered
in my Bond Register and the tax levy required by law has been made.
WITNESS my hand and the seal of the County Auditor on
,2004.
County Auditor
(SEAL)
1612430vl
.
.
.
..
'~
- .
. Memo
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director ~
January 29, 2004
Downtown Plan Update Approval
Background. At your meeting of January 20, 2004, a pubic hearing was held on the
Downtown Plan Update. The public hearing was closed but the record remained open
for two weeks to receive additional comments based on a Chamber of Commerce
request.
As of this writing (1-29-04) no additional comments have been received. Attached to
this report is the staff report for the January 20, 2004 public hearing.
.
If additional written comment is received, it will be passed along to Council at meeting
time.
Recommendation: Action on plan approval
Attachments: Staff report of 1-20-04
.
r
...
Memorandum
.
To:
From:
Date:
Subject:
Mayor and City Council . /)/
Steve Russell, Community Development Director It/'
January 15, 2004
Downtown Plan Update Public Hearing. Case No. CPA/03-01
Background. In July 2003, work began on a Downtown Plan update for a study area
bounded by Myrtle Street on the south, Main Street (west), Mulberry Street on the north
and the St. Croix River.
Eleven meetings were held with design professionals, downtown business interests and
city committees and commissions interested in the downtown (planning, historic
preservation, parks and parking).
PlanSummary; PlanD(page13of<theat:tached' plan) was selected by the'study group.
as the consensus plan.
Plan D was determined to best address the study issues, opportunities and meet plan
objectives (page 4).
Plan D has the following key attributes:
.
~ Expands the Lowell Park area by .76 acres and extends the park toward Main Street
. u to Water Street.
~ Organizes and consolidates parking reducing its visual impact from Downtown and
the River.
~ Provides the opportunity for a visitor center/restroom/hospitality center for
downtown visitors in a civic plaza.
~ Locates a linear landscaped trail connecting the area to the north and south through
the study area.
~ Provides a location for a flood barrier along Myrtle and Water Streets.
~ Provides for a strong pedestrian connection between Main Street and the river.
~ Accommodates community festivals, farmers market and special arts and crafts,
festivals and events.
~ Provides a defined area for the expansion of Lowell Park so park improvements can
be made in 2004.
A four phase implementation plan with cost estimates is also contained in the plan as
follows:
.
.)
",-"
< G~ _J:;,
',...',<.#,,,,,IiJ..':J!,..
'haml>.
. ~ii
Bayport. LalJi.
.OJ!)[
January 6,2004
P.O. Box 516, 106 S. Main Street · Stillwater, MN 55082
Phone:(651) 439.4001/651) 439-7100 . Fax:(651) 439-4035 . www.ilovestillwater.com
.
.
Stillwater City Council
City of Stillwater
The Greater Stillwater Chamber of Commerce is pleased and excited to see the City making
forward movement on finishing the Lowell Park Plan. However, we can not with due
consideration for our members, support Plan D wholeheartedly.
We have concerns on several levels:
- A permanent loss of parking and the temporary loss that large construction always brings
would be devastating for those businesses at the north end of town. Our first concern mirrors that
of the City's parking commission, who have also stated that they can not support Plan D at this
time. Before any destruction or construction, the Parking Commission should be allowed to
continue with their job and receive or find funding to implement plans for additional parking to
the west of Main Street. There is no level of "parking loss" that is acceptable.
- The Flood Wall issue has been presented as part of the Lowell Park Plan and should not be
separated from it. If the City Council truly intends to create a 100 year flood wall rather than a 50
year flood wall, it must be aestheticany pleasing with no impact on the visual beauty of our City
and Lowell Park and no visual separation of the two. This would include the more expensive
hidden flood wan system. The Greater Stillwater Chamber of Commerce also believes that no
flood wall is also an option and preferred over any permanent flood wall above 2 ~ ft high.
- In the original plans presented to the Chamber and the study group, there was a Visitor Center
with public restrooms. It has been explained to us, at the last study group meeting, that these
were not shown on the last group of plans to save engineering costs but were still part of the
plan. We would like to see these incorporated back into the finished plan to be assured that they
will be in the completed project.
We look forward to working with the City to further refine the Lowell Park plan. We anticipate
having representatives on the refinement process. We also expect to have representatives of the
Chamber on the study group for the flood wall project. We are confident that the result will be a
"true crown jewel" that residents, government and businesses will be proud of
Sincerely,
Loann Stokes, Gov. Relations Co-Chair
.
.
.
,,( . "...
MARK DESCH
333 NORTH MAIN STREET
STILLWATER. MINNESOTA 55082
651-439-7098 OFFICE
651-439-9479 HOME
Stillwater City Council
City Hall
216 North Fourth Street
Stillwater, MN 55082
Dear Council Members:
Please accept this letter as my disapproval of the "Downtown
Plan" being proposed by the City. The plan has not been developed
with input from the effected property owners or the public. The plan
will significantly reduce parking in a key area of retail area.
Replacement with a parking ramp two blocks away is not a responsible
alternative.
There are numerous other objections I have to the plan, and I
think many of the other property owners will agree that the plan needs
to be refined.
I am asking that the council postpone approval of the plan until
there is more public input into the final plan.
Thank You,
11 ;\
V L{~vt. f)J'~~,"L..
Mark Desch .
MD/rd
Larry Hansen
From:
ttent:
0:
ubject:
sherri hopfe-franke [thedockcafe@yahoo.com]
Monday, February 02,20044:18 PM
Larry Hansen
Downtown Plan
Mr. Hansen,
A note to say that in regard to the proposed Downtown
Plan, we support the Chamber of Commerce position
as stated in Loann Stokes letter to the Council
dated January 6th, 2004.
Thank you for your consideration.
Michael McGuire
General Partner for
The Brick Alley
Do you Yahoo!?
Yahoo! SiteBuilder - Free web site building tool. Try it!
http://webhosting.yahoo.com/ps/sb/
.
.
L.:.arry Hansen
From:
Sent:
.0:
c:
Subject:
sherri hopfe-franke [thedockcafe@yahoo.com]
Monday, February 02, 2004 3:24 PM
Larry Hansen
wm ilbrant@earthlink.net
PROPOSED DOWNTOWN PROJECT
Dear t'1r. Hansen,
We understand that the Proposed Downtown Project will
be presented for approval at tomorrow nights Council
meeting.
As a member of the Greater Stillwater Chamber of
Commerce, we fully support the position taken by the
Chamber per Loanne Stokes letter to you on January 6,
2004. The issues she states are very important to us.
Thank you for your consideration.
Sherri Hopfe-Franke
Partner and General Manager
Dock Cafe
Do you Yahool?
Yahoo! SiteBuilder - Free web site building tool. Try it!
http://webhosting.yahoo.com/ps/sb/
.
.
1
~
FABYANSKE, WESTRA & HART
A PROFESSIONAL ASSOCIATION
8 CHART
M T FABYANSKE
MARK W WESTRA
JEREMIAH J KEARNEY
DENNIS J TROOIEN
.COIT llOYD ANDERSON
AUl l. RATEllE
REGORY T SPALJ
DEAN B THOMSON
GARY C EIDSON
KYLE E HART
JUDITH E KROW
STEPHEN A MELCHER
RICHARD G JENSEN
THOMAS J TUCCI
CHARLES G CARPENTER III
CHRISTOPHER P CHllSTROM
SUITE 1900
800 LASALLE AVENUE
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 612-338-0115
FAX 612-338-3857
WWWF'NHLAW.COM
JOCELYN l KNOll
STEVEN C COX
JULIE A DOHERTY
AARON A DEAN
SCOIT A JOHNSON
DYANNA L STREET
PATRICK J lEE-OHAllORAN
FREDERICK H. LADNER
TOWLE H NEU
NATHAN E. RAY
THERESA A. PETERSON
THEODORE V ROBERTS
MICHAEL A ROSOW
MAITHEW T COLLINS
BRIITNEY l DOHERTY
January 30, 2004
OF COUNSEL
GORDON P. HEINSON
EMAll GEIDSON@FWHlAWCOM
DIRECT (612) 359-7621
Mr. Steve Russell
Community Development Director
City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
Via Email And Overnight Deliverv
Re: Proposed Dike in Downtown Stillwater
Our File No.: 80759-001
Dear Mr. Russell:
We are counsel to the River Market Community Co-op.
.
The purpose of this correspondence is to advise the City Council of several serious concerns
that our client has with respect to the proposed construction of a new dike in Downtown Stillwater.
Enclosed with this correspondence is a copy of a resolution passed by the Co-op's Board of
Directors that consists of testimony from the Co-op to the City Council with respect to this issue.
I spoke to Ms. Fitzgerald of your office and she suggested that I should e-mail this
correspondence and its enclosure to you, and that you would arrange to have them included in the
materials to be reviewed by the City Council in its consideration of this issue on February 3, 2004.
Thank you for your attention to this request.
vel4;;,; yours,
Gar;~'" bidson
GCE/II
Enclosure
Cc: Ms. Diane Ward
Ms. Sue Fizgerald
Mr. David Washburn
Mr. David Nelson
.
\\file 1 \voll \PL\GCE\296699doc
f
TO:
Stillwater City Counsel Members
Stillwater City Administrator
.
FROM:
The Board of Directors
River Market Community Coop
RE:
Written testimony on river dike construction and
River Park Renovation - know as Plan D
Whereas;
The River Market Coop Board has formally approved this written testimony through
motion passed January 2i' 2004; and whereas:
The River Market's continued business success is very important to the health and
vitality of downtown Stillwater. With 300 to 450 shoppers per day, most arriving by car
and parking in the Water Street lot, with daily deliveries by more than 70 venders at the
delivery docks on Water Street; with a large downtown workforce of over 35 employees;
with a payroll of over $800,000, and with sales of $4 million per year, it is very important
that any removal of adjacent parking and delivery access, whether temporary or
permanent, be very carefully considered so as to not compromise River Market's
survival, whereas;
Any construction and placement of a dike will, as a result, negatively impact River
Market's business by compromising both shopper and vendor access to the store both
during the construction period and during any future flood causing River Market to lose
customers and sales, whereas;
.
The proposed location of the dike in Plan D, along the east side of Water Street, has the
very real potential of fatally compromising River Market's business. First during
construction and then during any future flood because of the unsurvivable loss of
convenient, adjacent shopper parking and the loss of direct vendor access off of Water
Street, whereas;
Prior and during the relocation of the River Market to Main Street, The City of Stillwater,
through it's various representatives, repeatedly assured the River Market Board that the
move to Main Street was important to the City and the improvement of Downtown.
Based on these assurances, River Market raised, borrowed and invested nearly $2 million
to open our store, whereas;
The City of Stillwater is legally bound by contract to provide unfettered delivery access
of off Water Street and 50 convenient and adjacent parking places for River Market
customers in the lot directly adjacent on the east of the store.
We therefore very strongly urge:
.
.
1. That, if a dike wall is to be built, that it is placed on the river side (the east side) of
the existing parking lot leased by River Market so that during floods Coop
shopper parking and vendor deliveries are continuously useable and accessible;
2. That, if a dike wall is built, that it is as visibly unobtrusive as possible, using what
is known as "invisible wall'" construction;
3. That any construction of a dike and any proposed consruction of a park to the
south of the Maple Island Building not substantially reduce access to and parking
in the designated Coop spots in the Water street lot;
4. That a River Market Board representative be formally appointed to the committee
responsible for overseeing the final design of the proposed park and dike project,
The Board of Directors of the River Market Coop look forward to your response and are
prepared to cooperate with any plans that strive to improve Downtown and preserve
River Market as an important and \iable Main Street business.
.
.
E"L 1R90
.
WATER STREET INN
January 31,2004
Stillwater Mayor and City Council
216 North 4th Street
Stillwater MN 55082
Dear Stillwater Mayor and City Council,
First, I would like to thank you for allowing further written comments on the proposed Downtown
Plan you are reviewing. I was involved in the committee that reviewed the different options
involved with the plan and have some concerns about its overall implementation. I believe you will
be receiving other written comments about the plan from other sources. There is one area that I
would like to comment about personally, my parking lot.
.
I see in the proposal that my parking lot is one of the options for construction of a two level parking
structure. I would like to make my position clear. I would be more than willing to work with the
City to develop a parking structure on my parking lot under the right conditions. My future plans
for this parcel would be to expand my operation over the parking lot. I feel that in working together
we can accomplish both the goal of the city to increase parking in downtown and my goal to expand
the Water Street Inn.
There is one other point that I do believe needs some clarification and that would be the
development agreement regarding my parking lot parcel. I hear city staff and Council members
talking about "air rights" over my parking lot. My understanding of this agreement is that I have
given the City the right to construct a two level parking ramp on my property, the following is an
excerpt from the development agreement dealing with my parking lot:
. 101 SOUTH WATER STREET · STILLWATER, MN 55082 · 651.439.6000 · www.waterstreetinn.us
.
Article III, Section 3.4.3 Reservation of Option The City hereby reserves an option with respect to
the Parking Parcel that will allow the City, upon one (1) year's written notice to the Redeveloper, to
construct a public parking ramp of up to two levels upon and on the Parking Parcel. The
Redeveloper shall be under a continuing obligation to execute any legal instruments needed by the
City to effectuate this work. This option shall not limit the right of the Redeveloper to construct a
similar public parking facility upon the Parking Parcel in which event the City shall release this
option.
I am also including copies of correspondence that my attorney has had with City staff regarding this
Issue.
It would be my goal, given the right circumstances that together we could move forward with the
development of this parcel and improve the parking situation in Downtown Stillwater.
Sincerely,
/'/ //
.,. / /
..," i'/{-L/f/'.
Chuclt Dough~rty
President, St. Croix Preservation Co. Inc.
.
'-
Enclosures (3)
cc: Larry Hansen
Steve Russell
.
CLf>"RK M. IVERSON
STEVEN H- BER:"IDT*
JNvlES A. I-hIJER, JR. M
THOMA.S M. ZAPPLA.. *
JOEl T. LEVA.I-h'>l
TitENT C. ].'\EGER
P.A.R. "'LEGALS
]UUE A. CARTER
JA."<f W. CHRISTENS8-l
M!'.RY A)-;,N CKFJST1ANS
J!LI. K HOU-1ES
LAt.:R.A.. INGEBRlGTSEN
SKELLEY loVEJOY
MEGAN Moe...N
MARGO SODAHL
.1 HlLL~'lNI\ RD. ~.E. . .
Scm 301
MIN'H!..AK)US, MN
55432
TEl-: 763-571-7,7il
F..\x: 763-571-7734
"RE.~L PRm LAw
SrECIfU.JST CEl!.TlflW BY THE
M!:'r-~=~ Bt'lf, ASSXV,Th~l
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August 1, 2001
(Writer's Dir~t Dial 763-502-7108)
David T. Magnuson
Magnuson Law Firm
333 North Main Street, #202
P.O. Box 438
Stillwater, MN 55082
RE: Our Client: Martha HubbsJLumberBaron's Hotel
Our File No. 20692
Our office represents the Lumber Baron's Hotel. Martha gave me a call
regarding certain "air rights" that were reserved to the City. I have. reviewed
the Contract for Private Development between the City and St. Croix
Preservation Company which was prepared by yotU'office. The only
"reservation" that I see is found on Page 5, Section 3.4.3. It appears that the
City have reserved an option to construct a parking facility on the "Parking.
Parcel" provided that the City gives 1 year's written notice to St. Croix. .
Preservation Company, Inc.
Is there some other document that deals with "air rights"? Also, it is my .
understMld1ng that the City has not give the 1 year notice as required by the
Redevelopment Agreement. Is this correct?
. -
Please give me a Call at your cou.venience to discuss this matter.
Very truly yours,
ZAPPIA, LeVAHN & HELlER, LTD.
Thomas M. Zappia
TMZ:jrh
cc: Martha Hubbs, Th.e Lumber Baron's Hotel
-~
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LiCE!\"SED 11" lI-Ui'l''tSOH AND WISCONSIN
THE DESCH OffICE Bt:1LOII"G
333 NOR'rH MAll' 5Tlln - SUTE 1f20: . PO BOX 43& . 5TILL\\...n;p.. M1\ )5082
TIa.PHo:>u;: 1;651) 439.9464 . TkECOJ>IER: (E5t) 439.5641
DAYID T. MAG~CSON
August 30, 2001
Tom Zappia
Zappia, LeVahn alidHeuer, Ltd..
941 Hillwind Road, N.E.
Suite 301 .
Minneapolis, MN 55432
Re: Lumber Baron's Hotel
Dear Tom:
('
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You are correct that the only reservation of air rights in favor of the City is that found on
the Redevelopment Deed at Section 3.4.3. If you would like to talk about tlris further give me a
jingle.
Yours vel)' tnIly,
~
Stillwater City Attorney
DTMljrno
.
.
.
CL-\"K M IVERSON
SE\T\ H. BER...'JDT'" .
L",,-\[~ ;\. 1-l.ccLIR, JR. **
TW"\1."'5 M. ZAPPIA *
J:.IE:L T. LEV.A.HN
T ~.;:::-<T C J."",EGIR
P.j.Pv-\LEGALS
JULle A. C~RTffi.
\l"'.:=:.Y :\:<;-0; CHRJ5T1A>;S
Jl~l R. HOLl'-IES
L-'.UF..j. !:-':GEBR1GTSS-';
SH::U)"y LOVEJOY
h!::Gi'u\ MOEN
T r~A c:Y PlicHnl.
~L...f.GO SoOAHL
.4 J HILL\~l.Nu RD. N.f..
SC!TE 301
MI:.;~r::APOLl.s, MN
55432
Tw 76.3.5il-7721
f..'.X: 763-571.i734
~RE"" F~.ONll:rr LA""
Sro:::;."-l.:ST CsnFlID IIY nil'
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November 28, 2001
rc (()) IPt
(Writer's Direct Dial 763-502-7108)
Steven Russell
Community Development Director
City of Stillwater
216 N orch Fourth Street
Stillwater, MN 55082
RE: St. Croix Preservation Company Inc.-Lumber Baron's Hotel
Our FIle No. 20692
Dear Mr. Russell:
Our office representS St. Croix Preservation Company d/b/a Lumber Baron's
Hotel. It is my understanding that the City of Stillwater ("City") has made a
proposal that involves the development of the "Parking Parcel" as defined in the
Contract for Private Development bemeen the City and St. Croix Preservation
Company dated January 17, 1994 ("Development Agreement").
Pursuant to Section 3.4.3 of the Development Agreement, the City only bas an
option to construct a parking f-acUity on the "Parking Parcel" provided that the
City gives a prior one year written Dotice to S1. Croix Preservation Company,
Inc. As of this date, no notice has been served by the City on St. Croix
Preservation Company.
Finally, $1. Croix Preservation Company bas the rigot to constIUct a similar
parking facility upon the Parking Parcel. If S1. Croix Preservation Company,
Inc. elects to construct a parking facility, the City is obligated to release its
option.
Therefore, if the City has some interest in developing the Parcel, it must give
\\Titten notice to St. Croix Preservation Company, Inc. Again, as of this date,
no notice has been received.
Please call me if my understanding of the Redevelopment Agreement is
incorrect.
Very truly yours,
ZAPPIA, LeVAHN & HEUER, LTD.
TM~ .
V'J1Martha Hubbs (via fax only)
Thomas M. Zappia
.
MEMORANDUM
January 22, 2004
TO:
Mayor and City Council
FROM:
Diane Ward I City Clerk
SUBJECT: March 2, 2004 meeting
DISCUSSION:
As I'm sure you are aware, Tuesday, March 2, 2004 is caucus night, which
means no public meeting can be held after 6:00 p.m. I'm asking Council if they
wish to still meet on Tuesday, March 2, 2004 from 4:30 - 6:00 p.m. or designate
the following Tuesday, March 9 as their 1st meeting in March. In the past, Council
has held their meeting on that day but adjourned at 6:00 p.m.
.
.
r
· Memo
To:
From:
Date:
Subject:
Mayor and City Council J
Steve Russell, Community Devel~ment Direftor V
January 29, 2004
Armory Building Condition and Reuse Study
Background: In 2002, the City of Stillwater received a Demonstrative Account Grant
from the Met Council to study the possible reuse of the Armory. That study was
delayed because of North Main Street activity and lack of progress with UBC and Olive
Street development.
The Met Council extended the grant until December 2004. At this point, it is
recommended that the City proceed with documenting the physical condition of the
Armory and examining the possible reuse opportunity for the structure.
.
With this information, the City will be better prepared for considering purchase of the
Armory if it relocates to the Business Park.
A proposal for the work is attached. The report will involve reviewing plans and
physically examining the building. Handicapped access, hazardous materials and the
mechanical systems will be reviewed and condition documented. Meetings will be held
with the arts and cultural groups to see the extend of interest in reuse of the building.
Two or three programming alternatives will be proposed with estimated cost.
The cost of the study is $20,000 paid for by the Met Council.
Recommendation: Approval of proposal (resolution).
Attachments: Proposal for Armory Study.
.
LARSON
BRENNER
~
807 North Fourth Street
Stillwater, MN 55082
Telephone:
651 - 430 - 0056
Facsimile:
65 1 - 43 9 -I 1 79
larsonbrenner@aol.com
1.30.0
'\
Steve Russell
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
.
Dear Steve,
The following is a brief letter of agreement outlining our understanding of the scope of
consulting work for the Stillwater Armory Adaptive Reuse Study. Attached is a Feasibility
Study Scope of Work, describing the proposed tasks and deliverables connected with this
study.
FEES
We will complete the study for a fee of $20,000.00, plus reimbursables. Any approved
additional services will be according at our standard hourly rates:
Project Principal
Staff Architect
Drafting
$95.00
$75.00
$55.00
BILLING SCHEDULE
We will invoice you for our services above on a monthly basis. We will keep you informed of
our time expended on tasks, and will not exceed the fee or proceed with additional services
without your direction or approval.
REIMBURSABLE EXPENSES
Reimbursable expenses include reproduction, plotting, printing, postage and delivery services
and will be billed separately at our direct cost.
CONSUL TING SCHEDULE
We anticipate starting in mid February, and completing the study by May, 2004.
.
TERMINA nON OF SERVICES
Either the client or the Architect may terminate this agreement at any time with or without
cause upon giving the other party 7-calendar days prior written notice. The client shall pay the
Architect for all services rendered and all costs incurred up to the date of termination.
CONSTRUCTION COSTS ESTIMA TING
Preliminary cost estimates based on square foot costs are included in this agreement. As an
additional service, more detailed estimates may be obtained with a professional cost estimator
or Contractor.
ADDITIONAL SERVICES BEYOND THOSE LISTED ABOVE
Other additional services that are not listed above will be invoiced at our standard hourly rates
or at our direct cost, after written approval.
If you have any questions regarding this proposal, please call me. Otherwise, please sign both
copies and retum one to me for my files.
Sincerely,
Larson Brenner Architects
City of Stillwater
Brian Larson, AlA
Attached: Feasibility Study Scope of Work
.
(.. Feasibility Study: proposed scope of work
Stillwater Armory Adaptive Reuse
Larson Brenner Architects
.
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1.30.04
1. Project Initiation
o Initial Meeting City provides:
o Clarification of purpose and future use of Feasibility Study
o Scope of work and desired deliverables.
o Identification of primary contact individuals and groups with input
o Schedule outline of working meetings and presentation/public input meetings.
Preliminary Site VisiVlnventory: Verification of available existing site and building documents, previous
studies and related information. City provides available information.
Deliverables: Project directory, Work Program, Schedule,
Analysis of Site Opportunities I Constraints
Data gathering and review (City, County, MN National Guard)
Base plan preparation: CAD Site plan with City context map (zoning, access, circulation, neighbors,
parking, utilities, future development
Photograph Site and Context
Deliverables: Site Plan graphic showing significant site context information and issues; Summary
Memo if required
Analysis of Building Opportunities I Constraints
Data gathering and review (City, MN National Guard).
Limited field verification and measurement of conditions not on existing documents.
Preliminary Structural, Mechanical, Electrical systems evaluation
Photograph building and key details/elements.
Verify if environmental concemslissues exist.
Base plan preparation: CAD building plans assumed to be available; verify and compare to existing paper
building plans
Verify historic or other preservation issues related to building. City to assist with information.
Deliverables: Building Plan graphics showing existing conditions, structure and systems; possibly
existing building elevations or sections; Summary Memo if required.
Program Outline Development
Workshop meeting: meeting with groups to discuss program and space needs, priorities.
Prepare Preliminary Program
Group meeting: Meeting with all groups present to present and discuss proposed program and space
needs, shared spaces and potential conflicts
Prepare Final Program
Deliverables: Program Outline describing activities, functions, groups to be accommodated; area
and other requirements of program elements. Prioritize program elements within groups.
Conceptual Alternatives
Up to three building /site plan alternatives (access, space planning, circulation and control of activities)
testing the desired program elements within the existing conditions.
Identify significant Structural. Mechanical and Electrical systems modifications related to schemes
Workshop meeting: Discuss Site and Building analysis; review Conceptual Alternatives; establish final
design direction
Deliverables: Building /Site Plan alternative diagrams with memo summarizing design direction.
Final Feasibility Study
Refine preferred conceptual altemative
Preliminary Cost estimate on square foot assumptions only.
Phasing strategy if appropriate
Deliverables: Building /Site Plan diagrams, Phasing and Preliminary Costs
Presentation Meeting: Review Summary Documentation and Final Presentation
Exclusions/Additional services if required and approved: Detailed cost estimates; extensive field measuring and
drawing if existing documents are not available; environmental testing or reports; other consultants requested
over the $2000 noted above; perspective sketches, renderings or models.
"
,
~f'~~~}
. '0 ~../ ..y
"-Z::';'--C:J:?:J~~~;;1'
STATE OF MINNESOTA
OFFICE OF THE STATE AUDITOR
PATRICIA ANDERSON
STATE AUDITOR
SUITE 500
525 PARK STREET
SAINT PAUL, MN 55] 03-2] 39
) 296-2551 (Voice)
(651) 296-4755 (Fax)
stateauditor@state.mn.us (E-Mail)
] -800-627 - 3529 (Relay Service)
January 21,2004
Mayor Jay Kimble
Stillwater City Hall
216 North 4th Street
Stillwater, MN 55082
Dear Mayor Kimble:
It is with a great deal of pleasure that I applaud you and your City Council for being good
stewards of the public's trust by maintaining your unreserved fund balance within the
appropriate range for Minnesota cities.
As you know, it is my job as State Auditor to hold local governments accountable as a fiscal
watchdog for the taxpayers of Minnesota. My job is not only to point out problems, but also to
highlight positive examples of sound fiscal management in our cities.
.
As part of our recent annual report on the revenues, expenditures and debt of Minnesota's cities,
we examined the unreserved fund balance level of your community. As you know, cities need to
maintain fund balances to cover expenditures incurred in the first part of the year before they
receive revenue in the fonn of property taxes or state aid payments.
Our office has set a standard that an unreserved fund balance should be between 35 and 50
percent of yearly general fund expenditures. Your community of Stillwater falls within that
range.
Your city's sound fiscal management in this area should be commended. Maintaining a fund
balance within this range provides the resources for your community to meet potential fiscal
needs while not unnecessarily amassing taxpayer dollars.
.
Once again, I would like to commend you, your city council, and your city staff for your
diligence in W~/ng over taxpayer dollars.
. re y, /1 .,
1./ .. ,// /' ~------
I t/'J ,---/ L---
fatricia Anderson
State Auditor
~ Recycled paper with a minimum of
'CJ<;7 ] 59c post-consumer waste
An Equal Opportunity Employer
..
,
Forestry Program
Final Report 2003
1/23/04
From: Katharine D. Wid in, Ph.D., Forestry Consultant
.
Evaluation of Trees on Public Property
At the request of City Staff (Comm. Devel., Engineering/Public Works or Parks), I visited sites within the City to evaluate
the health of trees and make recommendations regarding their care. The trees examined included boulevard trees, park trees and
trees elsewhere on lands owned by the City. I also inspected the new Amundson Park area (Stonebridge School Forest) and the
Liberty/Legends trail for potentially hazardous trees. Meetings and memos regarding these issues.
(10.5 hours)
Forestry "Hot-Line"
I returned telephone calls from City residents and made site visits to look at trees and recommend management for tree
planting, pruning, removal, and insect, disease and cultural problems. In 2003 I returned 108 phone calls and made 77 site visits
to residents (compared to 153 phone contacts and 81 site visits in 2(02). This is a very positive part of the program and a service
valued by residents. (32.5 hours)
Buckthorn Management
Working with Leah Peterson, a local tree care advisor, we put together a strategy for local management of buckthorn, an
invasive woody plant,. This strategy includes presentations, newspaper articles, demonstrations and a pamphlet on the use of the
girdling tools which are available at City Hall for residents to sign out for buckthorn management. Along with Mayor Kimble, we
prepared and filmed a video on buckthorn management to be aired on the local cable access channel.
(7 hours)
Stonebrid~e School Forest
Working with Bob Kondrasuk, a teacher at Stonebridge Elementary, we reviewed the Amundson Park area for po.- . al
hazards, usage, interior trails, management of existing trees and future planting. I marked potential risk trees and invasive
such as buckthorn and boxelder. A demonstration day in October brought in loggers who used horses for hauling out felled trees
and then milled the lumber on site. They removed the risk and invasive trees and opened a few areas for future trails.
(6 hours) (2 hours pertain to parks work)
Public Information Articles
I wrote articles on tree management subjects for several issues of the City Newsletter (buckthorn, rodent protection,
winter injury, tree selection and planting,) (2.5 hours)
Oak Wilt
This work included completion of 2002-2003 oak wilt grant and report, writing a proposal for 2003-2005 oak wilt grant
(not funded due to relatively low incidence of oak wilt in Stillwater), preparation of oak wilt map for DNR, oak wilt survey and
work with property owners. (13 hours)
Tree Protection
Site review of building placement, tree location, protection and identification of potential risk trees on wooded lots in the
Liberty/Legends developments (Todd Allen Homes, American Classic Homes, Senn & Youngdahl and Cottagewood Partners).
(12.75 hours - paid for by developer or builders)
Site review for several projects (residential remodeling and Veterans Memorial) regarding tree selection, planting, care
and protection. Meetings and memos regarding these projects.
(2 hours)
Total Hours for 2003 = 73.5 (City - 2.25 oak wilt grant) 12.75 (Developer/Builder)
.
.
.
.
r illwater
"~ ---~
---- ~
THE BIRTHPLACE OF MINNESOTA J
Downtown Parking Commission
Thursday, February 5, 2004
8:30 a.m.
Riverview Room
Agenda Items
1. Changes in Downtown Parking Program for 2005.
2. Request for funds for parking improvements.
3. Review of Downtown Streetscape Study proposal and funding.
4. Other Items.
GllY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
[hd
Lane Design Group. Inc.
135 Lost Lake Court
Mahtomedi. Minnesota 55115-1866
651 653-3839 tel
651 429-0689 fax
.
Mr. Larry Dauffenbach, Police Chief
City of Stillwater, Minnesota
216 N. Fourth Street
Stillwater, Minnesota 55082
January 26, 2004
Chief Dauffenbach:
Regarding your request for a proposal for developing design and bid documents for an attendant and pay machine enclosure for
Lots 1 & 2, in downtown Stillwater, we are pleased to present the following scope of work and associated design fees:
Description of Need
Both lots now are served by an attendant during the months that the lots are pay lots, requiring an appropriately designed
enclosure booth for the attendant and the machines for protection from the weather elements. The attendants booth should
be a substantially weatherproof enclosure with good visibility of the lot. The enclosure should also allow patro'ns to pay their
parking fees without rain influence and view an adjacent map of the downtown commercial district. The enclosure will need to
accommodate lighting and a small heater for the attendant and lighting for the map display. Since the enclosure is relatively
close to the new identification/information signs, the design of the enclosure should be consistent and harmonious with these
structures as well as their downtown environment.
Scope of Work
We will provide preliminary design sketches for review and discussion with you and the Parking Commission and show the
appearance of the enclosures in context with their environment in both day and evening views. We will provide a detail map
design, to indicate retail and commercial establishments, parking lots with "YOU ARE HERE" labels, as well as points of interest
in the downtown area. We will work with previous concept drawings of the orientation map presented last spring and include .
any current information regarding downtown business you can provide to us. Our work anticipates a Mayor early June
installation and will include the following tasks and related costs:
1} Field survey and documentation of existing conditions.
2) Preliminary design sketches with cost estimates, for discussion and review.
3) Map design and final art (RGB or CYMK for color output)
4) Final design drawings to scale to indicate size, materials, construction, notes and
any information needed for bidding and procurement and construction.
5) Review of shop drawings, samples and field installation.
$ 350.00
1,600.00
1,300.00
1,800.00
400.00
Direct expenses including design supplies and printing.
Design Fee and related expenses
120.00
$ 5,570.00
It is anticipated that the enclosure configuration will be modular and will vary in layout between the two lots, and that the
design will be applicable to any parking lot locations and configurations as may be needed in the future, with minimal drawing
preparation needed. We also anticipate that the map artwork will be applicable and useable for any downtown location.
We appreciate this opportunity to continue the parking lot improvement work with you and the City of Stillwater. If you find
this proposal acceptable, please sign one copy and return to me.
Sincerely,
Accepted by:
Robert J. Lane
Principal
Larry Dauffenbach,
Police Chief. City of Stillwater, Minnesota
Date
cc Steve Russell
.
Diane Ward
From:
Sent:
.TO:
Subject:
Pat Raddatz [Pat.Raddatz@co.washington.mn.us]
Thursday, January 22, 2004 11:49 AM
Pat Raddatz
Washington County Board Agenda - 1/27/04
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
Washington County, County Board Agenda
January 27, 2004 * 9:00 a.m.
1. 9: 00 - Roll Call
Pledge of Allegiance
2. 9: 00 - Comments from the Public
Visitors may share their comments or concerns on any issue that lS a responsibility or
function of Washington County Government, whether or not the issue is listed on this
agenda. Persons who wish to address the Board must fill out a comment card before the
meeting begins and give it to the County Board secretary or the County Administrator. The
County Board Chair will ask you to come to the podium, state your name and address, and
present your comments. You are encouraged to limit your presentation to no more than five
minutes. The Board Chair reserves the right to limit an individual's presentation if it
becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue
that is part of Washington County's responsibilities. The chair may also limit the number
of individual presentations to accommodate the scheduled agenda items.
. 3. 9: 10 - Consent Calendar
4. 9:10 - Public Hearing - Assessment, Taxpayer Services and Elections * Kevin Corbid,
Director
Naming of Unnamed Lake and Unnamed Creek
5. 9:40 - Public Hearing - General Administration * Jim Schug, County Administrator
2004 * 2008 Capital Improvement Plan
6. 9:55 - Public Health and Environment * Jeff Travis, Program Manager
Review 2003 Results of the Mercury Free Zone Program
7. 10:15 - Transportation and Physical Development
A. Minnesota Recreation and Park Association Award of Excellence * Jim Luger, Parks Dir.
B. Update on Status of Transit Service * Arlene McCarthy, Metro Transit and Dave
Christensen, Metropolitan Council
8. 11:00 - General Administration * Jim Schug, County Administrator
Advisory Committees, Boards and Commissions Operating Procedures
9. 11:10 - Commissioner Reports * Comments - Questions
.ThiS period of time shall be used by the Commissioners to report to the full Board on
committee activities, make comments on matters of interest and information, or raise
questions to the staff. This action is not intended to result in substantive board action
1
during this time. Any action necessary because of discussion will be scheduled for a
future board meeting.
10. Board Correspondence
11. 11:30 - Adjourn
.
12.11:40 to 12:10 - Board Workshop with Transportation and Physical Development
Discuss Request from the City of Grant to Amend the Comprehensive Transportation Plan
***********************************************************-k************
Meeting Notices
January 27 - Finance Committee Meeting
12:30 p.m., Washington County Government Center
January 28 - Metro. Mosquito Control Executive Committee
9:00 a.m., 2099 University Avenue West * St. Paul
January 28 - Regional Solid Waste Coordinator Board
10:30 a.m., 2099 University Avenue West * St. Paul
January 29 - Red Rock Corridor
3:30 p.m., 7516 80th Street S. * Cottage Grove
January 29 - Library Board
6:30 p.m., 8595 Central park * Woodbury
************************************************************************
Washington County Board of Commissioners
Consent Calendar * January 27, 2004
Consent Calendar items are generally defined as items of routine business, not requirin.
discussion, and approved in one vote. Commissioners may elect to pull a Consent Calend
item(s) for discussion and/or separate action.
The following items are presented for Board approval/adoption:
Administration
A. Approval of the January 6 and 13, 2004 Board meeting minutes.
B. Approval of revisions to the Washington County Data Practices Manual, Policy No. 1300.
C. Approval to appoint Michael Kodluboy, Oakdale, to the Veterans Rest Camp Association to
fill an unexpired term to December 31, 2005.
Community Corrections
D. Approval of purchase of service agreement with Tubman Family Alliance to provide
services to victims/families of domestic abuse.
Community Services
E. Approval of the 2004 contract with Community Volunteer Services for medical related
transportation services.
F. Approval of the 2004 Family Means contract for respite care services.
G. Approval to accept $179,062 to assist children and adults experiencing a mental health
crisis. A provision in the 2004 contract with Human Services, Inc. will be added for this
purpose.
Public Health and Environment
.
2
, H. Approval of resolution, contract with BARR Engineering to complete groundwater modeling
and other technical services for intercommunity groundwater protection, sustaining growth
and natural resources, in the Woodbury/Aft on area.
Sheriff
.. Approval of snowmobile safety enforcement grant agreement with the Minnesota Department
of Natural Resources.
Transportation and Physical Development
J. Approval to send the Transportation South Shop Master Plan to the City of Woodbury for
approval.
K. Approval of resolution, authorization to sell approximately 11.21 tons of scrap
aluminum to Great Western Recycling Industries, Inc., 521 Barge Channel Road, St. Paul,
Minnesota.
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
e-mail: pat.raddatz@co.washington.mn.us
.
.
3
STILL WATER TOWNSHIP
January 22, 2004
Stillwater Town Hall
"
Regular Meeting: 7:00 P.M
.
Chair:
Ooriott
Call To Order
Agenda: Adopt
Minutes: Approve Minutes: January 8,2003 Regular Town Board Meeting
Treasurer: ]. RepOJi
2. Claims & Checks
3. 2004 Salary Considerations
4. Insurance Bid Twp. Association
Attorney: 1. Ordinance Amendment Re: Park Closing Time
Planner: 1. Curtiss Variance
2. Planning Contract
3 . Lepinski Variance
Engineer: 1.
Clerk:
1. liaison Positions
2. Misc.
3. Other Organizational Considerations, If Any
.
Committees: 1. Park
2. Planning Commission
People Portion: 8:00 PM
1.
Old Business: 1.
New Business: 1.
Adiourn:
Notes:
.
November 23, 2003
Pat Bantli
Boardwatch J an
Page 1 0[2
,
Diane Ward
From:
EDUCATE 834 [questions@educate834.org]
Saturday, January 17, 2004 8:34 PM
Diane Ward
.~t:
Subject: Educate 834 - BoardWatch - January 15, 2004 Meeting
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BoardWatch by Educate 834
Independent News of the Stillwater District School Board
January 15th, 2004
In its afternoon work session, the Stillwater School Board assigned individual liaison responsibilities and
A>idered two issues: whether to adjust school start times, and what to do with the recommendations from
t~ask force on Facilities, Land Utilization and Attendance Boundaries.
At its last board meeting, some Stonebridge parents asked for an earlier start to school, which currently
begins at 9: 15 a.m. and ends at 3:45 p.m. As background for the board's discussion, Superintendent
Kathleen Macy explained that District 834 spends more than most districts on busing because of its large
geographic size and larger lot sizes in certain areas. Both characteristics lead to longer bus commutes and
necessitate the use of more buses. Four years ago, faced with mounting transportation costs and the failure
of a levy for operating funds, the district faced a choice, reduce transportation costs or cut critical staff. A
study was commissioned to look at staggered start times as a way to cut transportation costs. The study
results showed that staggered start times would avoid staff cuts and the staggered times were adopted.
George Thole maintained that the earliest start times should go to secondary schools, whose students
compete in after-school sports or have jobs. He and some other directors wondered if start times could be
adjusted somewhat if different busing arrangements were instituted. The board discussed the idea of having
elementary and secondary students ride the same bus, which has been done very successfully elsewhere,
and considered asking staff to evaluate whether the move would help with earlier start times. Although some
board members expressed a desire to do something immediately about the Stonebridge parents' request,
they all eventually agreed that a piecemeal Stonebridge solution might not be best for the district. The board
is also considering boundary changes-which may change busing arrangements anyway-and agreed to
wait until those are known before asking staff to study the ramifications of busing primary and secondary
students together. It was also noted that the current bus contract expires next year and that the
~mmendation on renewal will be made at the next board meeting.
~s Kunze suggested that we begin studying the possibility of a multi-age bus model. Aronson cautioned
that it sounds like a lot of work for someone. She thought the information would be interesting, but not
1/19/2004
Boardwatch J an
necessarily pertinent.
Page 2'of 2
,
Before its discussion of the task force recommendations, Dr. Macy explained that the task force of 80
community members came up with 10 different plans, but the administration refined them to three to address
projected growth. She also highlighted certain "hot spots" that the board must address. .
. Demographic projections indicate that Lake Elmo, Valley Crossing, Anderson and Rutherford
elementary schools are or will be overcrowded soon.
. No required maintenance work has been done on Marine School, because there have been questions
about what to do with it long-term (there have been discussions about the possibility of merging the
local public library into the school). Maintenance must be done at Marine.
Although two of the task force plans would require bonding to build schools to handle the growth, Thole
expressed little desire to ask the community for a building bond. He noted that in less than five years, the
board would need to ask the community to renew the current 5-year operating levy. Without the renewed
levy the district would have insufficient funds to operate. Thole emphasized that this should be made clear to
the community now. Macy confirmed that without operating levies, the district would be left with a deficit of
$813 per student. The board discussed making boundary changes or other changes in lieu of building
schools. Andree Aronson suggested looking for a no cost option since the bond would be difficult to pass.
Directors wondered whether overcrowding in the four elementary schools could be addressed by disallowing
alternates, either by forcing current alternates to return to their neighborhood schools or by refusing to allow
new alternates. Staff will investigate this. Carol T ollefsrud pointed out that the "big picture", of boundaries,
school changes and program, needs to be looked at when considering starUend times. One impacts the
other. She also pointed out that we need to look at the problem in a comprehensive manner, not
piecemeal. Thole agreed with Tollefsrud on this point. Dr. Macy recommended that no significant boundary
changes be made before next fall; she recommends that a full year elapse between the decision and its
implementation. But she suggested that the board make decisions relatively soon about the Palmer property
and Settlers' Glen-two developments that have been announced but are largely unbuilt. Although theY1.
currently in the Rutherford area, it may be wise to draw the boundary to send the children to a less-crow d
school.
The board also informally agreed that the district's ECFE program should continue its year-long discussions
with other partners in the area as they work toward a multi-use facility that could accommodate the potential
partners (including a YMCA). The ECFE was given a $1 million gift toward a new facility; it is currently in
rented space next to Goodwill.
The board decided to continue its discussion of these issues at its next work session Feb. 5.
email: questions@educate834.org
website: www.educate834.org
Educate 834 5865 Neal Ave N # 134 Stillwater, MN 55082-2177
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1/1912004
to
./
WASHINGTON COUNTY
Kevin Corbid
Director
SSESSMENT, TAXPAYER SERVICES & ELECTIONS DEPARTMENT
ASSESSMENT DIVISION
14949 62ND STREET NORTH P.O. BOX 6 STILLWATER MINNESOTA 55082-0006
Office (651) 430-6175 Facsimile Machine (651) 430-6223 or (651) 430-6255
Bruce Munneke, SAMA
County Assessor
Rollie Huber, SAMA
Deputy County Assessl
Sylvia Schreifels, CMA
Assessment Administr;
MEMORANDUM
DATE: January 29, 2004
TO: Washington County City & Township Clerks
FROM: Bruce Munneke, Washington County Assessor
SUBJECT: 2004 Board of Appeal & Equalization and Open Book meeting schedule
Enclosed you will find the meeting schedule for the 2004 Board of Appeal and Equalization and
Open Book Meetings.
A reminder to those communities that hold a Local Board meeting, there must be a quorum of the
City Council or Town Board members present at your meeting in order to comply with State Law.
If your community conducts its Board of Appeal and Equalization in an Open Book (Opt-Out)
format, City Council or Town Board members are not required to attend.
. The 2004 Assessment Report will be delivered to each municipality prior to your board meeting.
This report will provide general information about the appeals process, the responsibility of the
Local Board and the 2004 assessment.
Valuation notices are tentatively scheduled to be mailed on March 15th.
If you have any questions, please call me at 651-430-6114.
cc: Staff Appraisers
Local Assessors
Kevin Cotbid
Sylvia Schreifels
Rollie Huber
e
Washington County does not discriminate on the basis of race, color. national origin. sex. religion. age, and handicapped status in employment or the provision
of services.
Printed on Recycled Paper
'.
2004 Meeting schedule
Board of Appeal and Equalization & Open Book Meetings
City/
Township Format ~ 1st meetine
West Lakeland Board Monday April 5,2004
Grey Cloud Board Monday April 5,2004 5:00-6:00
New Scandia Board Tuesday April 6, 2004 9-10 am
Lakeland Board Tuesday April 6, 2004 5:30-6:30
Oak Park Heights Board Tuesday April 6, 2004 6:00-7:00
Pine Springs Board Tuesday April 6, 2004 7:30-8:30
Marine Board Wednesda~_~~22~,_--2-10 am
1.i!1I~.__._lt~~lIi.
Mahtomedi Board Tuesday April 13, 2004 5:00-6:00
Bay town Board Wednesday April 14, 2004 4:00-5:00
Stillwater Twp Board Thursday April 15, 2004 5:00-6:00
Grant Board Monday April 19, 2004 6:00-7:00
May Board Tuesday April 20,2004 9-10 am
"~!;1waw~"__.- . ."1ift:iR.aIi~Z~~[fi&if~J1a;i~;~g:.wu@p-",.,.."~~~~2~",*~~~;22,
I)JJBtim~_~~!UI~~r~~ ~__
Dellwood Board Monday April 26, 2004 5:00-6:00
Denmark Board Tuesday April 27, 2004 4:30-5:30
St Mary's Point Board Tuesday April 27, 2004 6:30-7:30
Hugo Board Thursday April 29, 2004 10-11 am
Woodbury Board Thursday April 29, 2004 7:00-8:00 May 12, 2004
Forest Lake . Board Monday. May 3, 2004. . 6:00-8:00
rflBl[tIBt__~f.__
Lake Elmo Board Wednesday May 5, 2004 4:00-6:00
. Lake St Croix Beach Board Thursday May 6, 2004 6:00-7:00
Lakeland Shores Board Thursday May 6, 2004 7:30-8:30
Willernie Board Monday May 10, 2004 5:30-6:30
.
7:00
.
IIIltlla~1rI"TR'____
.
.
January 22, 2004
STILLWATER TOWN BOARD MEmNG
Town Hall
7:00 P.M.
PRESENT: Chairperson Jim Doriott, Supervisors Jim Hiniker, David
Johnson, Duane Laabs and Sheila-Marie Untiedt. Also,
Treasurer Gloria Sell, Planner Dick Thompson and Attorney
Soren Mattick.
1. AGENDA - M/S/P Hiniker/Johnson moved to adopt the agenda as amended.
(4 ayes)
2. MINUTES - MjS/P Hiniker/Untiedt moved to approve the 1/8/04 Stillwater
town board meeting minutes a written. (4 ayes)
3. TREASURER-
1. Report given.
2. Claims were reviewed and checks #16617 thru #16630 were approved for
payment.
.uane Laabs arrived.
3. Salaries will not change for 2004 except for the chief of police.
MjSjP Untiedt/Johnson moved to approve the chief of police salary
will be raised to $970.00 per month for 2004. (5 ayes)
4. Insurance Bids - MjS/P HinikerjLaabs move to approve staying with
the League of Cities for the township insurance needs in 2004. (5 ayes)
4. ATTORNEY - M/S/P Johnson/Hiniker moved to approve ordinance 130 that
repeals ordinance 10 amending ordinance 3 regulating the hours of use of public
parks and picnic areas. (5 ayes)
5. PLANNER-
1. M/S/P Johnson/Laabs moved to approve the planner's contract for 2004.
(5 ayes)
2. Information Item - Mr. Lepinski will build a 48 x 90 pole building at his
property on Stonebridge Trail. He meets all necessary requirements.
6. LIAISON POSmONS - MjSjP JohnsonjLaabs moved that 2004 liaison positions
remain as in 2003. (5 ayes)
.
Stillwater Town Board Meeting - 1/22/04
Page Two
Planning Commission - Doriott, Untiedt
Water Management - Johnson
Park - Hiniker
Joint Planning - Johnson, Laabs, Untiedt
.
7. PALMER PROPERTY - Anticipated future development of the Palmer property was
discussed. The planner is to advise Steve Russell that information should be forwarded
to him when the City of Stillwater discusses future development plans for the Palmer
property. Also he should ask Steve for phase 3 orderly annexation land use planning
maps for his use.
The Boutwell Transportation Plan was also discussed and a road issue that would impact
Bergmann's business.
8. ADJOURNMENT - Meeting adjourned at 9:10 p.m.
Clerk
Chairperson
.
Approved
.
llo.goJBoardWatch by Educate 834
Page 1 of2
,
Diane Ward
From:
Sent:
e:
EDUCATE 834 [questions@educate834.org]
Saturday, January 31, 20041:31 PM
Diane Ward
Subject: Educate 834 - BoardWatch - January 29, 2004 Meeting
Educate 834 is sending you this email from an emaillist you have previously signed up for. To make sure we do not
end up in your SPAM folder, please add our 'From' address (questions@educate834.org) to your Address Book. Also,
please make sure we are added to your "Approved Senders" or "Safe Senders" list if applicable.
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~
BoardWatch by Educate 834
Independent News of the Stillwater District School Board
Members in attendance: Andree Aronson, Christopher Kunze, Bud Buchman, David 'Choc' Junker, George Thoele, Carol
Tollefsrud, Nancy Hoffman, JP Leider (SAHS student), Anna McMahon (SAHS student), Dr. Kathleen Macy.
Tom LeCloux, Oak-Land Junior High principal invited all Board members and central staff to the 9th grade laptop rollout on
Monday, Feb 2 at 7 pm. Rollouts for 8th and 7th grade students are scheduled for Monday, Feb. 9th and Tuesday, Feb. 17th,
respectively.
eops for Stillwater Junior High. Principal Rick Wippler requested approval to lease 432 Apple iBook laptops for
approximately $121,000 per year for five years (total program budget of approximately $700,000), a plan to quadruple student
computer access. Mr. WhippIer described thorough investigations leading to the recommendation. The $120,000 annual cost
would come entirely from the school's budget. Wippler said the school usually spends about $90,000 a year on technology, and he
would draw the extra $30,000 from other in-school sources. Laptops at SJHS will be used in classrooms and not taken home.
Bruce Steiger, technology director at SJHS, gave a brief presentation of how laptop technology is being used to benefit learning
and teacher effectiveness. George Thoele questioned the bidding process on this request; Ray Queener responded. Chris Kunze
asked if pricing by Apple was improved; Mr. Ryskoski explained that price stayed the same but more hardware and software was
added
George Thoele asked how SJHS could still be the 'control group' to Oak-Land if this proposal were approved. Dr. Macy
described differences in the programs, such as Oak-Land students utilizing laptops 2417. Constructive additional discussion about
technical support capability, the effect of redirecting building funds, and potential improvements in teacher efficiency ensued. A
vote by the Board is scheduled for February 12.
School Calendar. Keith Ryskoski, director of administrative services, presented the Board with draft calendars for the 2004-2005
and 2005-2006 calendar years. Ryskoski described community involvement and often-conflicting goals of a post-Labor Day
school start, one- and two-day school weeks, and early June end to the school year. Mr. Ryskowski asked for Board and parent
comments beginning tonight through Feb. 12 when the Board is scheduled to approve the calendar.
Bus contract. Finance Director Ray Queener recommended that the district exercise a clause in its contract with Laidlaw Transit
Services to extend the contract two more years at 3 percent and 3.5 percent increases, respectively. Member discussed
competitiveness of rates and if competitive bidding could lower price. Mr. Queener reported on research into other district
Iracts and believes that the terms of the current contract are favorable to the district. A February 12 vote is scheduled.
t ler Business:
2/2/2004
[logo]BoardWatch by Educate 834
Page 7 of2
. Technology task force. The district now has 17 member applicants. It will consider district-wide technology issues,
including the 1-1 laptop initiative. Work begins in February.
"
. Five goals to improve student achievement. Superintendent Macy presented the board with a revised version of the five
goals the district has set for itself in order to be ranked among the top 1 percent of public schools nationwide in 2006, a
board directive that was adopted in 2003. The five goals address academic rigor, instruction and management QUali1Yl.e
management, monitor reporting/communication, and technology application. The board approved the revised goals. .
Kunze asked how he would go about changing policy goals previously approved by the Board, specifically the policy
statement containing the term 'risk is sanctioned.' Superintendent Macy explained the process.
. Board student representatives reported on a recently completed diversity seminar resulting from recent unrest at SAHS.
The student council and SADD participated with 3 counselors and 2 psychologists, one of which was Cambodian. Future
training will take place this summer.
. Board Liaison roles were announced.
. Superintendent Macy announced the Heart to Heart event sponsored by the Partnership Plan and explained that this
foundation has been in existence for fifteen years providing the District with private funding during this time. The Heart to
Heart event will be Feb. 21 at 5:30 to 8 pm at Rutherford Elementary. $5 for adults-kids free.
. Superintendent Macy recognized Director George Thoele for his recently published book, From Veer to Eternity about
sporting achievement and developing young people.
email: questions@educate834.org
website: www.educate834.org
Educate 834 5865 Neal Ave N # 134 Stillwater, MN 55082-2177
.
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Emaillist management powered by http://MailerMailer.com
.
2/2/2004
.
AGENDA
BOARD OF DIRECTORS MEETING*
GREA TER STILL WATER CHAMBER OF COMMERCE
Tuesday, February 3, 2004
5:30 to 7:00 p.m.
Stillwater Library-Margaret Rivers Room
Call to Order
Roll Call
Approval of Agenda and Minutes
Introduction of Guests
Financial Report
Old Business
-Board retreat feedback
-Newspaper/publication boxes downtown-Diane
-Highway 36 Corridor update - Curt and Gail
-St. Croix River Crossing Stakeholders update - James Laskin
. -Downtown Plan/Parking/Lowell ParkIFlood Wall- Gail, Loann**
New Business
-Past President replacement
-Committee on Committees
Committee Reports, Questions, Discussion
Board members: Please submit your committee report to Diane via email
(drollie(ii)jlovestillwater.com) and your report will be sent to the board along with last
month's minutes. If board members have questions about your report, they can be
broughtforth at the board meeting. This should save considerable time during the
board meeting. Thank you.
*As always, this board meeting is open to the public, to members and
non-members alike.
**If at all possible, board members should plan to attend Stillwater City
Council meeting across the street from the Library. That meeting
convenes at 7:00 p.m.
.
Diane Ward
From:
Sent:
To:
Subject:
Pat Raddatz [Pat.Raddatz@co.washington.mn.us]
Thursday, January 29, 2004 11 :56 AM
Pat Raddatz
Washington County Board Agenda - 2/3/04
.
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
Washington County, County Board Agenda
February 3, 2004 * 9:00 a.m.
1. 9:00 - Roll Call
Pledge of Allegiance
2. 9:00 - Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or
function of Washington County Government, whether or not the issue is listed on this
agenda. Persons who wish to address the Board must fill out a comment card before the
meeting begins and give it to the County Board secretary or the County Administrator. The
County Board Chair will ask you to come to the podium, state your name and address, and
present your comments. You are encouraged to limit your presentation to no more than five
minutes. The Board Chair reserves the right to limit an individual's presentation if it
becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue
that is part of Washington County's responsibilities. The chair may also limit the number
of individual presentations to accommodate the scheduled agenda items.
3.
9:10 - Consent Calendar
.
4. 9:10 - Public Health and Environment * Judy Hunter, Senior Program Manager
CRT Legislative Resolution
5. 9:20 - General Administration * Jim Schug, County Administrator
City of Oakdale Local Matching Grant
6. 9:40 Commissioner Reports * Comments * Questions
This period of time shall be used by the Commissioners to report to the full Board on
committee activities, make comments on matters of interest and information, or raise
questions to the staff. This action is not intended to result in substantive board action
during this time. Any action necessary because of discussion will be scheduled for a
future board meeting.
7. Board Correspondence
8. 9:55 - Adjourn
9.10:00 to 10:30 - Board Workshop with Transportation and Physical Development
policy Addressing Trail Access Requests to County Parks
10. 10:30 to 11:15 - Board Workshop with Transportation and Physical Development and
Mn/DOT
Update on the St. Croix River Crossing Project and Issues Related to TH 36
.
************************************************************************
Meeting Notices
February 4 - Plat Commission
8:30 a.m., Washington County Government Center
February 4 - Metro Transitways Development Board
~:30 a.m., 125 Charles Avenue * St. Paul
************************************************************************
Washington County Board of Commissioners
Consent Calendar * February 3, 2004
Consent Calendar items are generally defined as items of routine business, not requiring
discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar
item{s) for discussion and/or separate action.
The following items are presented for Board approval/adoption:
Administration
A. Approval of the January 20, 2004 Board meeting minutes.
B. Approval of revised Airline Travel Credit and Travel Policy No. 1020.
Assessment, Taxpayer Services and Elections
C. Approval of resolution, application for lawful gambling exempt permit from Pheasants
Forever Mississippi Longtails to be used at The Point Restaurant in Denmark Township.
D. Approval of the 2003 assessment classification and valuation change list.
Information Services
E. Approval to revision of the County Acceptable Use Policy No. 3001.
.
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
e-mail: pat.raddatz@co.washington.mn.us
.
2
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