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HomeMy WebLinkAbout2003-02-04 CC Packet• REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Canvass of Votes for January 28, 2003 Special Election 2. Liquor License Requests Information 3. Downtown Project Update 4. Possible decision on lobbyist STAFF REPORTS 1.Police Chief 2. Fire Chief CITY OF STILLWATER CITY COUNCIL MEETING NO. 03 -04 Council Chambers, 216 North Fourth Street February 4, 2003 4:30 P.M. AGENDA 3. City Clerk 5. Community Dev. Director 7. City Attorney 4. Director of Admin. 6. City Engineer /PWD 8. City Administrator Adjourn to executive session for discussion of labor relations issue, possible litigation on Territorial Prison fire and city administrator performance evaluation. CALL TO ORDER •OLL CALL APPROVAL OF MINUTES 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. Approval of January 21, 2003 City Council minutes (available Monday). PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of the Officer of the Year Award to Officer Scott Geving 2. Presentation of Meritorious Service Award to Officer Leslie Wardell 3. Request from Stillwater Boys Hockey Booster Club to hold a regional pool tournament at the St. Croix Recreation Center 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 2003 -25, directing payment of bills 2. Resolution 2003 -26, Approving amendments to the City of Stillwater Section 125 Cafeteria Plan (Flexible Spending Account Plan and the Summary Plan Description) 3. Request to change Capital Outlay from furnaces at Lily Lake Area to batteries and service at the Recreation Center for electric Zamboni 4. Request to purchase two (2) computers for Fire Department 5. Request to purchase copier for Public Works building 6. Resolution 2003 -27, approving agreement with HLB Tautges Redpath, Ltd for arbitrage calculations /reporting i' 7. Resolution 2003 -28, approving 2003 salary for City Administrator 8. Resolution 2003 -29, approving Labor Agreement with Law Enforcement Labor Services Police Sergeants, Local No. 254 PUBLIC HEARINGS 1. Case No. SUB /03 -01. This is the date and time for a public hearing to consider a request from Tom Brudos for a resubdivision of Lots 10 and 11, Blk 51 Churchill Nelson & Slaughters Addition to two lot. of 7,500 square feet each located at 655 South Second Street in the RB, Two Family Residential District. Notices have been mailed to affected property owners and published in the Stillwater Gazette on January 24, 2003.(Resolution) 2. Case No. SUP /03 -02. This is the date and time for a public hearing to consider a request from Cates Construction for a subdivision of Lots 1, 2, 3 and the east half of Lot 4, Block 1 Wilkin's Addition to Stillwater into two Tots of 9,742 square feet located at 1420 North Fourth Street in the RB, Two Family Residential District . Notices have been mailed to affected property owners and published in the Stillwater Gazette on January 24, 2003.(Resolution) UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 933, an Ordinance Amending. Stillwater City Code Chapter 30.01, Subd. 8 Solid Waste Removal NEW BUSINESS 1. Consideration of structure at 501 S 2 Street for condemnation 2. Recommendation from Parks Board regarding maintenance of Kolliner Park 3. Approving the Fire Contracts with St. Joseph Township, City of Somerset, and City of Hudson (Resolution) 4. Request for resubdivision of Lots 13 & 14, Block 1, Liberty 4 Addition (Resolution) 5. Request DNR for participation in Fishing in Neighborhood Program 6. Possible adoption resolution authorizing issuance , prescribing the form and details and providing for the payment of $200,000 General Obligation Capital Outlay Bond, Series 2003HS for Historical Society 7. Possible adoption of resolution Approving Sale of Capital Outlay Bonds 8. Possible adoption of resolution Approving Tax Increment Financing Refunding Bonds 9. Possible adoption of resolution Approving the Call on the 1994B Bond 10. Possible approval of liquor license transfer from National Restaurants, Inc. DBA: Estaban's to Pepitos De Stillwater, DBA: Pepitos De Stillwater (Resolution) 11. Possible appointment to Human Rights Commission (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS 1. Notice of Open Book Meeting 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 • CALL TO ORDER •OLL CALL APPROVAL OF MINUTES Approval of January 21, 2003 City Council minutes (available Monday). • REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Canvass of Votes for January 28, 2003 Special Election 2. Liquor License Requests Information 3. Downtown Project Update 4. Possible decision on lobbyist STAFF REPORTS 1.Police Chief 3. City Clerk 2.Fire Chief 4. Director of Admin. CITY OF STILLWATER CITY COUNCIL MEETING NO. 03 -04 Council Chambers, 216 North Fourth Street February 4, 2003 4:30 P.M. AGENDA 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. 5. Community Dev. Director 7. City Attorney 6. City Engineer /PWD 8. City Administrator Adjourn to executive session for discussion of possible litigation on Territorial Prison fire and city administrator performance evaluation. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of the Officer of the Year Award to Officer Scott Geving 2. Presentation of Meritorious Service Award to Officer Leslie Wardell 3. Request from Stillwater Boys Hockey Booster Club to hold a regional pool tournament at the St. Croix Recreation Center 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 2003 -25, directing payment of bills 2. Resolution 2003 -26, Approving amendments to the City of Stillwater Section 125 Cafeteria Plan (Flexible Spending Account Plan and the Summary Plan Description) 3. Request to change Capital Outlay from furnaces at Lily Lake Area to batteries and service at the Recreation Center for electric Zamboni 4. Request to purchase two (2) computers for Fire Department 5. Request to purchase copier for Public Works building 6. Resolution 2003 -27, approving agreement with HLB Tautges Redpath, Ltd for arbitrage calculations /reporting 7. Resolution 2003 -28, approving 2003 salary for City Administrator PUBLIC HEARINGS 1. Case No. SUB /03 -01. This is the date and time for a public hearing to consider a request from Tom Brudos for a resubdivision of Lots 10 and 11, Blk 51 Churchill Nelson & Slaughters Addition to two lots. of 7,500 square feet each located at 655 South Second Street in the RB, Two Family Residential District. Notices have been mailed to affected property owners and published in the Stillwater Gazette on January 24, 2003.(Resolution) 2. Case No. SUP /03 -02. This is the date and time for a public hearing to consider a request from Cates Construction for a subdivision of Lots 1, 2, 3 and the east half of Lot 4, Block 1 Wilkin's Addition to Stillwater into two lots of 9,742 square feet located at 1420 North Fourth Street in the RB, Two Family Residential District . Notices have been mailed to affected property owners and published in the Stillwater Gazette on January 24, 2003.(Resolution) UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 933, an Ordinance Amending Stillwater City Code Chapter 30.01, Subd. 8 Solid Waste Removal NEW BUSINESS 1. Consideration of structure at 501 S 2 Street for condemnation 2. Recommendation from Parks Board regarding maintenance of Kolliner Park 3. Approving the Fire Contracts with St. Joseph Township, City of Somerset, and City of Hudson (Resolution) 4. Request for resubdivision of Lots 13 & 14, Block 1, Liberty 4 Addition (Resolution) 5. Request DNR for participation in Fishing in Neighborhood Program 6. Possible adoption resolution authorizing issuance, prescribing the form and details and providing for the payment of $200,000 General Obligation Capital Outlay Bond, Series 2003HS for Historical Society 7. Possible adoption of resolution Approving Sale of Capital Outlay Bonds • 8. Possible adoption of resolution Approving Tax Increment Financing Refunding Bonds 9. Possible adoption of resolution Approving the Call an the 1994B Bond 10. Possible approval of liquor license transfer from National Restaurants, Inc. DBA: Estaban's to Pepitos De Stillwater, DBA: Pepitos De Stillwater (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS 1. Notice of Open Book Meeting 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 • • State of Minnesota ) County of Washington ) City of Stillwater ) CITY QUESTION 1 A QUESTION REGARDING MANAGEMENT OF THE CITY WATERWORKS Yes No Ballots Blank (undervotes) 12 Ballots Defective (overvotes) 0 Dated: February 4, 2003 iliwater THE BIRTHPLACE OF MINNESOTA CERTIFICATION Shall the City Charter be amended to provide that the City waterworks that is owned and operated by the City • be managed by the City Council, thereby dissolving the Board of Water Commissioners? 1047 3898 We, the undersigned Members of the City Council of the City of Stillwater, Washington County, Minnesota, do hereby certify that in the Special Election held in the City of Stillwater on January 28, 2003, that the total votes cast for the following questions with the number of votes set opposite their respective questions: CITY QUESTION 2 A QUESTION REGARDING THE SSUANCE OF ON -SALE LIQUOR LICENSES Shall the City Council be allowed to issue "on- sale" licenses for the sale of intoxicating liquor at retail in excess of the number permitted by law? Yes 0 Ballots Blank (undervotes) Ballots Defective (overvotes) CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 Mayor Councilmember Councilmember Councilmember Councilmember 2146 2792 19 0 • MEMORANDUM • • January 31, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Liquor License Requests DISCUSSION: Prior to and since the Special Election l have received four requests for an on -sale liquor license. Famous Dave's came before Council on November 12, 2002 Minnesota Zephyr's Dave Pauradeu contacted me for an application in December which was received on January 30, 2003 Letter from Contractor's Property Developers Company dated January 23, 2003 Application given to Savories on January 30, 2003 According to Section 43 -73, Action on Application, any new license requests are subject to a public hearing. Therefore I will be requesting Council to consider setting public hearings at the February 18, 2003 meeting for these requests Current licenses available are: One that was going to be used for the Territorial Prison but has no restrictions on location. One with restriction that can not be used downtown. One currently held at the Grand Garage which had its last license in 1998. This license has not been used or revenue received since 1999. ACTION REQUIRED: None at this time. Memorandum To: Mayor and City Council From: Steve Russell, Community Development Director f Date: January 31, 2003 Subject: Downtown Update The purpose of this item is to provide the new councilmembers with background information on the various downtown plan implementation activities currently being worked on by staff and to update all councilmembers on the progress being made on the various programs. History of Downtown Plan. Briefly, the Downtwown Plan was adopted by the city in 1988, some 14 years ago. Since that time, it has provided guidance for downtown implementation activities. Sites have been purchased for redevelopment, state and federal grants have been applied for and received and development regulations and processes have been amended or established. Major downtown actions since plan adoption include: 1110 • Downtown Revitalization Project - $8 million - 1990 • Level Project - 1994 -2000, Phase I and II • Parking Improvements and Management +400 spaces added and improved, 1995- 2003 • Site purchase and revitalization Lumber Barons, Maple Island, Territorial Prison, Junior High School, UBC site, Lowell Park Extension and Railroad Land Purchase • Addition specific plans prepared for Lowell Park Plan, 1995, Aiple Property Park Plan, 2000 Territorial Prison Reuse Study and Trail Plan Current Proiect. Much has been accomplished since plan adoption. Listed below are major projects currently under study. For some of the projects, the city is working with a private partner. For others, the city is requesting state or federal government assistance. Maior Downtown Imp rovement Proiects • Territorial Prison Redevelopment (Five buildings; (1) 22 townhomes, (2) 45 condos, (3) 75 -100 condos, (4) 22 -32 rental and (5) 40 housing units possible office/retail. • Railroad right of way purchase for river trail system. • Main Street Plaza and connection to Lowell Park • Parking structures; Water Street, Second Street/Olive • Arts and Cultural Activity Center Armory and 2 " Street • • Redevelopment of old UBC Lumber Yard site • Phase III - Flood Protection Levee Wall. Need federal funds • Lowell Park Improvements - $500,000CIP set aside and $2 million project • Aiple Property Park Improvement (coordinate with 36 bridge construction) The enclosed map shows several of the downtown improvement projects and how they are linked by the trail system (railroad track trail). Additional Direction. Two projects currently under consideration need council review and direction to continue with project development process. These projects are the Armory Reuse Study and Arts /Cultural Center Study and the Water Street Parking Structure /Flood Control Proiect. Last September, the Metropolitan Council awarded the City of Stillwater a $50,000 grant to perform a reuse study of the armory. The money is to be used to evaluate the condition of the building, to consider how it would be remodeled to an arts center space and determine the cost of the remodel /upgrade. A second task was to survey the community for interest and support of the project. The Arts /Cultural Center could coordinate with the Second Street parking structure. The idea of using the armory for an Arts /Cultural Center has been suggested in the past but without feasibility information, that the reuse study would provide, it would be hard to plan for or react to the idea. Another benefit of the study is to know the actual condition of the building to use in building purchase negotiations. The second item is an engineering study /design study of the Lowell Park Flood Control Project/Water Street Parking Structure. Planning and Engineering staff met with representatives from SEH who prepared the flood project plan for the Corp of Engineers and Lowell Park Plans for the City. They have prepared the attached study proposal to examine the engineering and design aspects of such a project. This study and the project concept is presented to the Council for review and direction. It is anticipated that the plans that result from the study could be part of the Phase III Levee Wall Flood Protection Project and coordinated with parking structure construction. Recommendation: Review of Downtown Plan Implementation Projects and provide direction regarding Armory Reuse Study and Flood Wall /Parking Study. Attachments: Downtown Improvement map and flood wall proposal. • • "s PEDESTRIAN TRAIL CORRIDOR. IMPROVEMENTS 2" TERRITORIAL PLACE TERRITORIAL ARCHAEOLOGICAL GREEN PRISON SITE INTERPRETIVE TRAIL AND STAFFING AREA WASHINGTON COUNTY HISTORICAL MUSEUM CM( STREET Aim STOR.MWATER TREATMENT PONDS LOFTS OF STILLWATER. MAIN STREET STREETSCAPE IMPROVEMENTS EXPANSION LOWELL PARK EXPANSION — OFFICE RENOVATION WATER STREET — — PARKING/TRANSIT IMPROVEMENTS MAIN STREET CENTRAL PLAZA MAIN STREET STREETSCAPE IMPROVEMENTS LOWELL PARK COMMERCIAL/PAR.KIK/ ARTS CENTER NELSON ALLEY PEDESTRIAN IMPROVEMENTS STILLWATER BLUFFS (FUTURE) FUTURE CITY PARK (AIPLE F'ARK) J • El X E Lidcr. EP g.gY 7 DIMING PARK PROPOSEOPARK FUTURE PARK EXISTINGarr STREETSCAPE C2TY tO MEN o 50 100 200 500 SCALE:r .100'47 t) 01/31/2003 13:30 FAX 6127586701 SHORT ELLIOTT HENDRICKSO ff5EH November 27, 2002 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell: RE: Stillwater, Minnesota Water Street Parking Facility, Plaza, and Flood Wall SEH No. P -STI LL0301.00 Short Eilott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer @002 3595 Vadnais Center Drive, St. Paul, MN 55110 -5196 651.490.2000 651.480.2150 FAX architecture engineering environmental transportation We are pleased to assist you in further evaluating your concept plan for the Water Street parking facility. This two level parking facility would include a connecting plaza along the Commercial Street alignment between Main Street and Lowell Park, and incorporate the proposed floodwall system integral with the parking structure. The scope of services will include establishing the alignment of the floodwall and levee to provide 100 -year flood protection from Chestnut Street to the location of the proposed Lofts development project on North Main Street. The alignment will incorporate the parking facility and provide for access at the plaza, Mulberry Street, and along a trail proposed in the current railroad corridor. Jeff Johnson will have a significant role in this portion of the project. His experience in many flood control projects for the Corps of Engineers and his work in the Lowell Park projects will be an asset to this project. The second task is to develop the footprint 'and height of the parking facility to accommodate the maximum number of autos while providing space for the plaza and limited traffic on Water Street. Tom Sohrweide's past experience with parking ramps and traffic flow will be instrumental in this phase. An important and integral part of this project is to provide a connecting link between Main Street and the river. Mark Salzman has previous experience in the earlier development of the Comprehensive Plan for Lowell Park and in his architectural work on the Lowell Park riverfront walk. Mark will further develop the plan for the connecting plaza and provide not only plan layout drawings, but also line -of -sight sections and perspectives to explore the views toward the river from Main Street and the plaza and from the river toward the parking facility. We will work closely with you and your staff as the project progresses. It is anticipated that the City will provide information on the earlier layouts and development plans, along with the most recent color aerial photography and contour drawings for use as base maps. We consider this project to be a dynamic process as we develop options with you. Additional layout alternatives may develop as the project progresses warranting that more drawings and perspectives be created. With this in mind, it is proposed that specific project scope, fee, and schedule be left • • • • 01/31/2003 13:31 FAX 6127586701 Mr. Steve Russell November 27, 2002 Page 2 open as the work progresses. For your budgeting purposes and with our current expectations of the scope of work, we estimate that the fee for our services to be $32,000.00, and that as an objective, a completion date in mid- February be used. Keep in mind, this scope and resulting fee and schedule may be reduced or expanded as we work to develop options and graphics to meet your needs. After your review and consideration, please acknowledge acceptance of our proposal by signing and returning the enclosed copy. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Jeff A. Johnson, P.E. Principal/ Project Manager tto Enclosure Accepted this day of City of Stillwater, Minnesota By: Title: SHORT ELLIOTT HENDRICKSO 4003 , 2002. Collect Data & develop base map/ photos Fbodwall alignment 2 alignment colon dwne Paddng FarJ6ty Layout 2 layout option dw3s Plaza and rederings 1 layout dwg, 4 sections. 3 perspacllves Sae Visit Mtts *City Staff 3 mtos 4hrs ea Task Project Task Budget Short Elliott Hendrickson Inc. 1 I 1 1 1 Total Hours 681 24 1281 rota! Direct Labor $2.494.00 1 1.032.00 54.,096.00 1 Total Labor x Muhipper $8,106.50 1 $3,254.00 513,812.00 1 Client City of Stillwater Project Water St Parking Facility, Plaza and Floodwall Labor Multipl 3.25 Project No. PSTILL0301.00 Phase 32 Exp Muftplie:, 1.00 Service Area MNTR Prepared By JAJ CARD $23.00 per hour Date 11/27A2 Mleage $0.366 per mile Scope CADD/Equip 13.00 perperson•how Note: Hourly Cates to InClude Insurance Britt ($2.12) Hourly rates are also variables Direct tabor Hours Principle/PM Traffic Eno LN Architect Design EAP Lead Tech Sr. Tech Tech $43.00 $43.00 622.00 126.50 $31.00 $25.50 $19.00 2 8 32 2 12 8 100 2 4 8 1 1 121 81 12 1 • • 32 16 481 $1.188.00 $4,836.00 RPR 522.00 1 1 1 1 1 I I 1 1 1 I t I I I I Survey Word Proc • CAW 581.00 $16.00 Variables used In computations Total Mlles Expenses Hours/ Fee 10 64 11127102 + Authored by Jett Johnson 30 200 108 601 14 1 1 1 1 1 1 300 32 1 1 1 I 1 I 1 1 I I 1 1 1 I I I 1 1 I 1 I 1 I I 1 I 1 1 860 1 266 $131.40 5200.001 $131.40 $200.001 $29,938.90 Total Direct Labor (w/o MuItVIer) I I S9 Overhead at 1.69 1 S1k395.90 CADO/Equip at 53.00 1 1 5774.00 Total Expense w/ Mu18oger 1.00 I $331A0 Pn ect Fee 1 130,712.90 Profit 1 18.81% • CITY COUNCIL MEETING NO. 03 -02 January 21, 2003 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Absent: None Also Present: APPROVAL OF MINUTES City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Community Development Director Russell Director of Administration Knauss Police Chief Dauffenbach Fire Chief Kallestad City Clerk Ward Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the January 7, 2003 regular minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Request from ABC to place banner on building. Mayor reviewed the request for ABC to place a banner on the building commemorating the 100 anniversary of the Arrow Building Center. Mr. Craig "Buzz" Peters stated that the banner would be located on the west side of their office and would be maintained throughout the year. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the placement of a banner on the Arrow Building Center building for one year. All in favor. STAFF REPORTS City Clerk Ward provided Council with an update on the mail ballot election. She stated that approximately 35% of the ballots mailed to voters have been returned. She also stated that she anticipates 50% turnout by Election Day. Ms. Ward also informed Council and the public of the upcoming State Special Election for Representative Holsten's seat. She stated that four polling places, First United Methodist Church, Lily Lake School, Stonebridge School and Our Savior's Lutheran Church, would be open from 7:00 a.m. to 8:00 p.m. City Council Meeting 03 -02 January 21, 2003 Public Works Director Eckles provided an update on the Public Works Open House the was held on January 18, 2003. He stated that over 500 people attended the Open House. He stated that the City Scene would be airing the open house and a tour of the facility. Mayor Kimble congratulated Mr. Eckles and his staff on a successful open house. He also stated that he heard many positive comments on the facility. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003 -19, directing payment of bills Approval of Annual Bocce Ball Tournament on Saturday, February 8 — Brines Approval of recommendation by HPC for Stillwater National Register Identification and Evaluation Study Approval to attend National Institute on Park and Ground Management Conference Resolution 2003 -20, accepting quote and awarding contract for cleaning services for Public Works facility Approval of installation of banner — Washington County Historical Courthouse's Stillwater Bridal Affair — February 7 — 24, 2003 Approval to attend annual American Planner's Association Conference UNFINISHED BUSINESS Appointments to Human Rights Commission Mayor Kimble reviewed the appointments to the Human Rights Commission. Motion by Councilmember Rheinberger to appoint Anthony Carr, Michael Eldred, Dan Cox to the Human Rights Commission. Motion failed for lack of second. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel, to appoint Anthony Carr, Michael Eldred, Dan Cox and Rick Johnson to the Human Rights Commission and to adopt Resolution 2003 -21, appointing members to Human Rights Commission. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Second readina of Ordinance No. 932, an Ordinance Amending City Code Chapter 30.01 by amending fees. Page 2of6 • • • City Council Meeting 03 -02 January 21, 2003 City Attorney Magnuson reviewed the ordinance amending the Stillwater City Code, Chapter 30.01 to allow for the fees to be set by resolution according to the agreement negotiated with the City's hauler. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Ordinance No. 932, an Ordinance Amending Stillwater City Code Chapter 30.01 by amending fees. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS First reading of Ordinance No. 933, an Ordinance Amending Stillwater City Code Chap_ ter 30.01, Subd. 8 Solid Waste Removal City Attorney Magnuson stated that the ordinance should be revised to eliminate the section on sanitary landfill and amending the code to reflect the mandatory collection of solid waste in commercial and related areas not covered by residential pickup. He stated that the ordinance amendment would also include a provision that no person shall deposit garbage in a container maintained by the City for collection of litter from city streets or parks. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the first reading of Ordinance No. 933, an Ordinance Amending Stillwater City Code Chapter 30.01, Subd. 8 Solid Waste Removal. All in favor. Possible appointment to Downtown Parking Commission Mayor Kimble reviewed the appointment of Mr. Scott Junker to the Downtown Parking Commission. He stated that there are more openings on the commission and that if anyone is interested in serving on this commission they should contact the City Clerk. Councilmember Junker stated he would be abstaining from this vote, as Mr. Scott Junker is his brother. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003 -22, appointing member to the Downtown Parking Commission. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger and Mayor Kimble Nays: None Abstain: Councilmember Junker Possible vacation of utility easements for Parkwood Villas City Attorney Magnuson reviewed the proposed vacation of utility easement for Parkwood Villas. He stated that these easements would be vacated with new utility easements to be part of the new subdivision plat. Page 3 of 6 City Council Meeting 03 -02 January 21, 2003 . Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003 -23, resolution vacating utility easements for Parkwood Villas. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of Dreapplication reauest for TIF assistance for Territorial Prison site Community Development Director reviewed the preapplication request for TIF assistance for the Territorial Prison site. He stated that details of the TIF request and needs of the City will be further discussed and that a final TIF and development agreement will be returned to Council for review and approval. Councilmember Rheinberger asked when the possible signing would be. Community Development Director Russell stated maybe April 1. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to approve the preapplication request for TIF assistance for the Territorial Prison site. All in favor. Possible approval of preapplication for TIF assistance for Lofts Droiect — 501 Main Street Community Development Director reviewed the preapplication request for TIF • assistance for the Lofts Project at 501 Main Street. He stated that the project has received city development approval and has received a DTED Contamination Cleanup Grant in the amount of $600,000 and a Metropolitan Council Tax Base Revitalization Grant of $124,159. He stated that the estimated cost of the cleanup is approximately $900,000. He also stated that in addition the preapplication for TIF assistance is to correct soil conditions, construct a public promenade and a portion of the Phase III floodwall. Mr. Russell stated that the items are eligible for assistance and the site is located in the Downtown Scattered Site Redevelopment District and a new district is being considered for the area. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to proceed with the final TIF and development agreement and return to Council for review and approval. All in favor. Possible approval of part-time firefighter pav raises City Administrator Hansen reviewed the part-time firefighter pay raises. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003 -24, establishing hourly pay rates for part-time fire personnel. All in favor. Page 4of6 • • • • City Council Meeting 03 -02 January 21, 2003 Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COMMUNICATIONS /REQUESTS Trunk Highway 36 Partnership Study Policy Advisory Committee City Administrator Hansen stated that the City of Oak Park Heights has requested a work session with the Stillwater City Council, the Stillwater and Oak Park Heights Planning Commission, and the other PAC members to discuss the recommendations presented by the T.H. 36 partnership Study Policy Advisory Committee. He stated that the proposed time for the work session would be Wednesday, February 26, 2003 at 6:30 p.m. He also stated that Oak Park Heights has requested that the Council Chambers at Stillwater City Hall be used. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt setting a work session with Stillwater City Council, the Stillwater and Oak Park Heights Planning Commission, and the other PAC members on Wednesday, February 26, 2003 at 6:30 p.m. at Stillwater City Hall. All in favor. COUNCIL REQUEST ITEMS • Councilmember Rheinberger asked the City Administrator if he has heard anything on TIF from the state legislature. City Administrator Hansen stated that he hasn't heard a great deal on any changes to TIF. He stated that the legislature is currently more concerned with deficit issues than TIF. He also stated that the City may see additional tools such as Tax Free Zones, etc., and whether these tools will apply to Stillwater will remain to be seen. Mayor Kimble asked if changes in the law would take affect in July or August or the beginning of 2004 so that the TIF applications before Council now should not be impacted. City Attorney Magnuson stated that the present applications should not be affected, however the legislature in the past has adjusted the tax rates and there isn't any vested rights or "grandfather" protection in some of the recent changes. Councilmember Milbrandt asked if a meeting could be set up with the local legislators in March so that Council could explain their concerns regarding the reduction of Local Government Aid. City Administrator Hansen stated that staff has discussed the reduction of Local Government Aid on an informal level and that it would be appropriate to invite the local legislators to meet with Council. Page 5 of 6 City Council Meeting 03 -02 January 21, 2003 Mayor Kimble reviewed information presented at the Cities Legislative Conference. H stated that there would be hits to local government aid and state departments; howeve there shouldn't be a complete elimination of local government aid. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adjourn at 7:41 p.m. ATTEST: Diane F. Ward, City Clerk Resolution 2003 -19, Resolution 2003 -20, Works facility Resolution 2003 -21, Resolution 2003 -22, Resolution 2003 -23, Resolution 2003 -24, Jay L. Kimble, Mayor directing payment of bills accepting quote and awarding contract for cleaning services for Public appointing members to Human Rights Commission appointing member to the Downtown Parking Commission resolution vacating utility easements for Parkwood Villas establishing hourly pay rates for part-time fire personnel Ordinance No. 932, an Ordinance Amending Stillwater City Code Chapter 30.01 by amending fees Page 6of6 • • • • • January 15, 2003 To: Jay Kimble and City Council Members From: Larry Dauffenbach, Police Chief Re: Officer of the Year Nomination Officer Scott Geving is Officer of the Year in 2002 for the following reasons: 1. Throughout the year, Officer Geving has consistently been proactive in his patrol activities. This includes self - initiated activities such as hotel checks, constructions sight checks and patrolling areas of special concern to the community. 2. Officer Geving's self - initiated activity statistics show that he is at or very near the top of every category. Officer Geving was the department leader in drunk driving arrests. • 3. Officer Geving managed the bicycle patrol unit. He pursued purchasing a new bicycle for the unit and kept all other bicycles in good working condition. 4. Officer Geving is one of the department's field training officers and has done an excellent job in training two new officers during the year. 5. Officer Geving's experience as a bailiff at Washington County has given him extensive knowledge about the court system, which has proven advantageous to Officer Geving and the officers in which he works. 6. Besides earning recognition from the department for his efforts in an incident involving potential deadly force, and an award for outstanding service in January, Officer Geving has proven himself a genuine asset to the department for the entire year. He has proven to always keep the best interests of the department in mind. Supervisor THE BIRTHPLACE OF MINNESOTA The Awards and Commendations Board of the Stillwater Police Department recognizes that Chairman, Awards and Commendations Board Meritorious Service Commendation performed ficer Leslie Wardell has segye . for the past 10 yaisl to th • omit): O fficr Ward g art ea City of Stillwater POLICE DEPARTMENT Officer Leslie Wardell , ner as lo_reflect credit upon the professionalism of the r Polir Department apdJts members, , i gpartme hay, 11 (Alded Stillwalet:a DA ben fi edlihe depar,tmeiii as well s ' a y t o an ontrib ung, Re * t 4 >, on Idi, , i . men. ft , February 4, 2003 t anciTtillwater schools as a hARE insfiuctor_and pr,ogram recognizes that her continued dedicatibli and co niitment in the pride of \ hi7 Police City Coordinator V"W 3 AZ4, .4 411, A'axOn„ sr , eSts AI 15'40. Aft • 1675 Market Drive • Stillwater, MN 55082 • 651- 430 -2601 • Fax: 651- 430 -2415 Dear Council: It has been brought to my attention that the Stillwater boys hockey booster club would like to host a regional pool tournament at the St. Croix Valley Recreation Center. There is a need to have Alcohol beverage to be served at the tournament. This,would be accomplished through the St. Croix Boat and Packets Catering License. The booster club is planning on this to be a big fundraiser for there organization and it would bring a large group of people to the area for the four - day event. At this point we are looking for the go ahead to firm up dates and arrange plans to make the event possible. ks fo ' your consideration Dour . s : rady Facility Manger 100 URN Recreation Center 0 iF • LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2003- 25 Ancom Technical Center APA Arch Wireless Association of MN Emergency Managers AT & T Broadband AT & T Wireless BBR Survey Instruments Becker Arena Products, Inc. Boesel, Tommy Bonestroo, Rosene,Anderlik & Associates Cargill Inc. Cass, John E. CDW G C & H Distributors Chemsearch Clarey's Safety Equipment Clark Products, Inc. Coca Cola Collegiate Pacific Cope Plastics, Inc. Crayne, Chris Cub Dew Corporation Eco -Tech Emergency Apparatus Express Photo Fieldworks Fire Instructors Association MN First Line Fred's Tire Gartner GFOA Greeder Electric Hawk Labeling Heartland Automotive Services, Inc. Highway Handyman Products H & L Mesabi Holiday Humane Society Iceman Industries Integra Telecom J H Larson J J Keller & Associates Johnny's TV, Inc. Jones, Dave Kallestad, Kim Lakeland Truck Center ® League of MN Cities Legislative Associates, Inc. LJ Schuster Pager Repairs Seminar Pagers 2003 Membership Cable Cell Phones Optical Plumet Tribrach, Rotating Adapter Lexan Nozzle Flooding Reimburse Work Boots McKusick Ravine Storm Sewer Bulk Ice Control Refund Credit Balance Patch Mgmt. Cable Panels Plastic Top Bench Brake Fluid Smoke Fluid Cleaning Supplies Concession Supplies Pitching Machine Balls, Helmets Acrylic Reimburse for Explorer Expenses Friends of Fire Expense,Concession Public Works Facility Creekside Neighborhood Wilds Reimb. Vehicle Repair Processing Engineering Supplies Fire Codes, Building Codes Concession Supplies Tires & Tire Repair Overhaul Kit for Compressor Seminar Heater Repair Label Tape Vehicle Maintenance Hand Squeeze Roll Applicator Plow Repair Parts, Runners Fuel 4th Qtr Boarding Road Salt Telephone Electrical, Light Supplies Inspection Reports VCR Repair Training Video & Manual Reimburse Seminar Equipment Repair Supplies 1st Installment Workers Compensation Legislative Services Payroll Checks 113.68 634.00 1,201.59 30.00 71.57 293.85 229.00 26.36 100.00 6,601.28 18,075.55 193.80 274.46 1,077.91 257.77 238.88 16.05 2,166.40 361.04 147.24 76.06 249.36 101,071.75 1,875.00 2,233.45 17.85 1,406.26 182.97 620.69 357.44 1,541.54 80.00 1,047.50 395.10 73.76 1,881.17 898.78 3,704.56 672.00 7,455.00 908.32 493.52 530.64 128.05 110.00 132.25 33.19 22,102.75 2,916.67 352.64 EXHIBIT " A" TO RESOLUTION #2003- 25 Page 2 MacQueen Equipment Magnuson Law Firm McLeod USA Menards Miller Excavating MN County Attorneys Association MN Dept of Administration MN Hockey Maroon Regional Tournament MJ Raleigh Trucking Inc. Napa Auto Parts National Institute Nestle Ice Cream Nextel Novotny, Tom Office Depot Parts Associates PC Solutions Inc. Planning Commissioners Journal PM! Computer Supplies POD's Tire Portraits by Loren Roettger Welding, Inc. Rogness, Kathy Ross Industries Russell, Steve Safe- IR, Inc. St. Croix Boat & Packet Co. St. Joseph Equipment, Inc. Sandy's Office Coffee Service Sentry Systems, Inc. Shifts, Cindy Signcard Systems Space Mobile & Modular Structures SRF Consulting Group, Inc. S & T Office Supplies Stillwater Gazette Streicher's Sysco TA Schifsky & Sons Tires Plus Tomten Environmental Design Voss Lighting Wakota CAER Walmart Washington County Washington Cty. Tax Acct. & Research Wear Guard Winnick Supply Inc. Zeuli, Chris Lumberjack Cutter Professional Services Telephone Maintenance Supplies Conveyor Rental for Salt Forfeiture Forms 4th Qtr Building Permit Surcharge Advertisement McKusick Ravine Storm Sewer Vehicle Repair Supplies Seminar Concession Supplies Cell Phones Refund for Pizza Never Rec'd Office Supplies Reamers & Blow Guns Maintenance Contract Subscription Printer Repair Vehicle Repair Portraits Welding Supplies Reimburse Pastries for Election Judges Fire Prevention Pencils Books Seminar, Thermal Imaging Training December Arena Billing Mirror Coffee Supplies PW Facility Rebooted Digital Phone System Reimburse Batteries, Parking Sign Making Machine Office Trailer Return Freight TH 36 Study Office Supplies Publications Tire Marking Chalk Concession Supplies 2002 Street Improvements Tires Liberty Plan Reviews Freight 2003 Dues Batteries Accuvote Ext. Maint. Fee 2003 Audit Reports Jacket Welding Supplies Thermal Image Video Tapes 11,221.21 8,497.73 583.87 534.91 400.00 58.04 14,395.25 250.00 420,057.19 801.62 300.00 78.72 270.18 48.00 1,268.57 3,312.13 151.89 45.00 247.90 765.94 106.50 76.00 16.37 499.66 47.81 2,000.00 43,204.19 69.34 145.16 95.00 19.27 11,674.53 140.00 436.85 1,809.23 365.72 55.27 593.75 41,360.75 373.43 80.00 4.58 20.00 9.36 750.00 430.00 73.99 414.89 4.23 • • • MANUALS JANUARY 2003 Page 3 Postmaster Xcel Energy US Postal Service Paper Warehouse Postmaster MN Housing Partnership Xcel Energy Wells Fargo Bank Finn Daniels ADDENDUM TO BILLS Brines Market Data One Gary Fischler & Assoc. Hansen, Steve Heritage Printing Ikon Office Solutions Kustom Signals, Inc McCombs Frank Roos Associates, Inc. Met Council Minnesota Auquipco MN GFOA MN Pollution Control MN Rural Water Associations NEC Office Depot Peltier, Jenn Qwest River Valley Printing Springsted Symposium Twin City Filter Turning Point United States Postal Service University of MN Valley Trophy, Inc. Verizon Wireless Washington County License Center Xcel Postage Newsletter Electricity,Gas Postage Postal Machine Balloons Open House PWF Postage Election Envelopes Seminar Electricity,Gas Petty Cash Rec Center Settlement Meals for Election Judges Toner for Fax Professional Services Reimburse Dare Graduation Expenses Ballots, Newsletter, Shelf Life Maintenance Agreement EGL + W Remote Design Storm Sewer Our Saviors Prk Lot January SAC Surfact Lift and Installation Seminar Certification Examinations Seminar Phone Line Ext Installed & Moved Office Supplies Reimburse Uniforms Telephone Letterhead Seminar Pleated Filters Furnace Business Cards Annual Fee 1st Class Presort Municipals Winter Workshop City of Stillwater Cups, Signs CeII Phone License Tabs Electricity, Gas 1,068.29 12,188.05 8,000.00 93.18 3,516.13 10.00 28,998.95 950.00 46,109.59 199.18 159.75 1,250.00 256.10 6,424.45 381.15 168.62 6,377.70 16,409.25 21,821.03 30.00 64.00 400.00 220.00 10.68 177.00 263.57 200.22 50.00 169.29 334.41 150.00 384.00 298.39 303.20 24.00 14,816.61 Total 926,099.52 EXHIBIT " A" TO RESOLUTION #2003- 25 Page 4 Adopted by the City Council this 4th Day of February, 2003 • LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2003- 25 Ancom Technical Center APA Arch Wireless Association of MN Emergency Managers AT & T Broadband AT & T Wireless BBR Survey Instruments Becker Arena Products, Inc. Boesel, Tommy Bonestroo, Rosene,Anderlik & Associates Cargill Inc. Cass, John E. CDW G C & H Distributors Chemsearch Clarey's Safety Equipment Clark Products, Inc. Coca Cola Collegiate Pacific Cope Plastics, Inc. Crayne, Chris Cub Dew Corporation • Eco -Tech Emergency Apparatus Express Photo Fieldworks Fire Instructors Association MN First Line Fred's Tire Gartner GFOA Greeder Electric Hawk Labeling Heartland Automotive Services, Inc. Highway Handyman Products H & L Mesabi Holiday Humane Society Iceman Industries Integra Telecom J H Larson J J Keller & Associates Johnny's TV, Inc. Jones, Dave Kallestad, Kim Lakeland Truck Center League of MN Cities • Legislative Associates, Inc. LJ Schuster Pager Repairs Seminar Pagers 2003 Membership Cable Cell Phones Optical Plumet Tribrach, Rotating Adapter Lexan Nozzle Flooding Reimburse Work Boots McKusick Ravine Storm Sewer Bulk Ice Control Refund Credit Balance Patch Mgmt. Cable Panels Plastic Top Bench Brake Fluid Smoke Fluid Cleaning Supplies Concession Supplies Pitching Machine Balls, Helmets Acrylic Reimburse for Explorer Expenses Friends of Fire Expense,Concession Public Works Facility Creekside Neighborhood Wilds Reimb. Vehicle Repair Processing Engineering Supplies Fire Codes, Building Codes Concession Supplies Tires & Tire Repair Overhaul Kit for Compressor Seminar Heater Repair Label Tape Vehicle Maintenance Hand Squeeze Roll Applicator Plow Repair Parts, Runners Fuel 4th Qtr Boarding Road Salt Telephone Electrical, Light Supplies Inspection Reports Repair Tape Player Training Video & Manual Reimburse Seminar Equipment Repair Supplies 1st Installment Workers Compensation Legislative Services Payroll Checks 113.68 634.00 1,201.59 30.00 71.57 293.85 229.00 26.36 100.00 6,601.28 18,075.55 193.80 274.46 1,077.91 257.77 238.88 16.05 2,166.40 361.04 147.24 76.06 249.36 101,071.75 1,875.00 2,233.45 17.85 1,406.26 182.97 620.69 357.44 1,541.54 80.00 832.50 395.10 73.76 1,881.17 898.78 3,704.56 672.00 7,455.00 908.32 493.52 530.64 128.05 110.00 132.25 33.19 22,102.75 2,916.67 352.64 EXHIBIT " A" TO RESOLUTION #2003- 25 Page 2 MacQueen Equipment Magnuson Law Firm McLeod USA Menards Miller Excavating MN County Attorneys Association MN Dept of Administration MN Hockey Maroon Regional Tournament MJ Raleigh Trucking Inc. Napa Auto Parts National Institute Nestle Ice Cream Nextel Novotny, Tom Office Depot Parts Associates PC Solutions Inc. Planning Commissioners Journal PMI Computer Supplies POD's Tire Portraits by Loren Roettger Welding, Inc. Rogness, Kathy Ross Industries Russell, Steve Safe- IR, Inc. St. Croix Boat & Packet Co. St. Joseph Equipment, Inc. Sandy's Office Coffee Service Sentry Systems, Inc. Shilts, Cindy Signcard Systems Space Mobile & Modular Structures SRF Consulting Group, Inc. S & T Office Supplies Stillwater Gazette Streicher's Sysco TA Schifsky & Sons Tires Plus Tomten Environmental Design Voss Lighting Wakota CAER Walmart Washington County Washington Cty. Tax Acct. & Research Wear Guard Winnick Supply Inc. Zeuli, Chris Lumberjack Cutter Professional Services Telephone Maintenance Supplies Conveyor Rental for Salt Forfeiture Forms 4th Qtr Building Permit Surcharge Advertisement McKusick Ravine Storm Sewer Vehicle Repair Supplies Seminar Concession Supplies CeII Phones Refund for Pizza Never Rec'd Office Supplies Reamers & Blow Guns Maintenance Contract Subscription Printer Repair Vehicle Repair Portraits Welding Supplies Reimburse Pastries for Election Judges Fire Prevention Pencils Books Seminar, Thermal Imaging Training December Arena Billing Mirror Coffee Supplies PW Facility Rebooted Digital Phone System Reimburse Batteries, Parking Sign Making Machine Office Trailer Return Freight TH 36 Study Office Supplies Publications Tire Marking Chalk Concession Supplies 2002 Street Improvements Tires Liberty Plan Reviews Freight 2003 Dues Batteries Accuvote Ext. Maint. Fee 2003 Audit Reports Jacket Welding Supplies Thermal Image Video Tapes 11,221.21 8,497.73 583.87 534.91 400.00 58.04 14,395.25 250.00 420,057.19 801.62 300.00 78.72 270.18 48.00 1,268.57 3,312.13 151.89 45.00 247.90 725.81 106.50 76.00 16.37 499.66 47.81 2,000.00 43,204.19 69.34 145.16 95.00 19.27 11,674.53 140.00 436.85 1,809.23 365.72 55.27 593.75 41,360.75 373.43 80.00 4.58 20.00 9.36 750.00 430.00 73.99 414.89 4.23 • • • EXHIBIT " A" TO RESOLUTION #2003- 25 Page 3 Adopted by the City Council this 4th Day of February, 2003 • Memo • DATE: January 27, 2003 TO: Mayor and City Council FROM: Chantell Knauss 2 Director of A ministration RE: Amendments to Section 125 Plan (Flexible Spending Plan) (Pre -tax Health Care and Dependent Care Assistance Programs) Background The City's Flexible Spending Plan has originally been effective since July 1, 1994. On January • 10, 2001, the IRS passed its final regulations for Section 125 Plans. The regulations set forth extensive new language with regard to HIPPA and COBRA regulations. In addition, they clarified rulings on mid -year election changes with regard to time and event consistency. The amendments to the City's Plan are consistent with these IRS regulations and are required for all employers participating in this type of plan. Recommendation Staff recommends the City Council approve the attached Resolution approving the amended Section 125 Cafeteria Plan, effective January 1, 2003. ATTEST: Diane F. Ward, City Clerk ADOPTING RESOLUTION The undersigned Principal of CITY OF STILLWATER (the Employer) hereby certifies that the following resolutions were duly adopted by the Employer on February 4, 2033 , and that such resolutions have not been modified or rescinded as of the date hereof: RESOLVED, that the form of amended Cafeteria Plan including a Dependent Care Assistance Program and Health Care Reimbursement Plan effective January 1, 2003, presented to this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan. RESOLVED, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved. The undersigned further certifies that attached hereto as Exhibits A and B, respectively, are true copies of CITY OF STILLWATER FLEXIBLE SPENDING ACCOUNT PLAN as amended and restated and the Summary Plan Description approved and adopted in the foregoing resolutions. Jay L. Kimble, Mayor Date: February 4, 2003 • • • • • • ADOPTING RESOLUTION The undersigned Principal of CITY OF STILLWATER (the Employer) hereby certifies that the following resolutions were duly adopted by the Employer on February 4, 2093 , and that such resolutions have not been modified or rescinded as of the date hereof: RESOLVED, that the form of amended Cafeteria Plan including a Dependent Care Assistance Program and Health Care Reimbursement Plan effective January 1, 2003, presented to this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan. RESOLVED, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved. The undersigned further certifies that attached hereto as Exhibits A and B, respectively, are true copies of CITY OF STILLWATER FLEXIBLE SPENDING ACCOUNT PLAN as amended and restated and the Summary Plan Description approved and adopted in the foregoing resolutions. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor Date: February 4, 2303 Employer Name: Employee Name: Employee Address: Employee Social Security Number: Employee Number: Plan Year CITY OF STILLWATER FLEXIBLE SPENDING ACCOUNT PLAN CHANGE IN STATUS ELECTION FORM through As a participant in the cafeteria plan, I am entitled to revoke my prior benefit election and enter into a new election in the event of certain changes in status. I understand that the change in my benefit election must be necessitated by and consistent with the change in status and that the change must be acceptable under the Regulations issued by the Department of Treasury. I certify that I have incurred the following change in status: Marriage Divorce, Legal Separation or Annulment Birth, adoption or placement for adoption of a child Death of my spouse and /or dependent Termination or commencement of employment by my spouse or dependent Switching from part-time to full -time (or vice - versa) employment on the part of me or my spouse, or dependent or reduction or increase in hours, strike or lockout I, my spouse or dependent have taken an unpaid leave of absence A change in the residence or worksite of myself, my spouse or dependent My dependent satisfies or ceases to satisfy the requirements for coverage Other: The Administrator may require you to provide evidence to document the event which requires the change of election. Employee's signature Administrator Date Date • • • • • CITY OF STILLWATER FLEXIBLE SPENDING ACCOUNT PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS I ELIGIBILITY 1. When Can I Become a Participant in the Plan? 1 2. What Are the Eligibility Requirements for Our Plan? 1 3. When Is My Entry Date? 1 4. Are There Any Employees Who Are Not Eligible? 1 5. What Must I Do to Enroll in the Plan? 2 I I OPERATION 1. How Does This Plan Operate? 2 III CONTRIBUTIONS 1. How Much of My Pay May the Employer Redirect? 2 2. How is My Compensation Measured Under Our Plan? 2 3. What Happens to Contributions Made to the Plan? 2 4. When Must I Decide Which Accounts I Want to Use? 3 5. When Is the Election Period for Our Plan? 3 6. May I Change My Elections During the Plan Year? 3 7. May I Make New Elections in Future Plan Years? 4 IV BENEFITS 1. What Benefits Are Available? 4 V BENEFIT PAYMENTS 1. When Will I Receive Payments From My Accounts? 6 2. What Happens If I Don't Spend All Plan Contributions? 6 3. Family and Medical Leave Act (FMLA) 7 4. Uniformed Services Employment and Reemployment Rights Act 7 5. What Happens If I Terminate Employment? 7 6. Will My Social Security Benefits Be Affected? 9 • • • VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do Limitations Apply to Highly Compensated Employees? 9 VII PLAN ACCOUNTING 1. Periodic Statements 9 VIII GENERAL INFORMATION ABOUT OUR PLAN 1. General Plan Information 10 2. Employer Information 10 3. Plan Administrator Information 10 4. Service of Legal Process 10 5. Type of Administration 10 IX ADDITIONAL PLAN INFORMATION 1. Claims Process 11 X SUMMARY CITY OF STILLWATER FLEXIBLE SPENDING ACCOUNT PLAN INTRODUCTION We have amended the "flexible benefits plan" that we previously established for you and other eligible employees. Under this program, you will be able to choose among certain benefits that we make available. The benefits that you may choose are outlined in this summary plan description. We will also tell you about other important information concerning the amended Plan, such as the rules you must satisfy before you can join and the laws that protect your rights. One of the most important features of our Plan is that the benefits being offered are generally ones that you are already paying for, but normally with money that has first been subject to income and Social Security taxes. Under our Plan, these same expenses will be paid for with a portion of your pay before Federal income or Social Security taxes are withheld. This means that you will pay less tax and have more money to spend and save. Read this summary plan description carefully so that you understand the provisions of our amended Plan and the benefits you will receive. You should direct any questions you have to the Administrator. There is a plan document on file which you may review if you desire. In the event there is a conflict between this summary plan description and the plan document, the Plan document will control. Also, if there is a conflict between an insurance contract and either the plan document or this summary plan description, the insurance contract will control. ELIGIBILITY 1. When Can I Become a Participant in the Plan? Before you become a member or a "Participant" in the Plan, there are certain rules which you must satisfy. First, you must meet the "eligibility requirements." After that, the next step is to actually join the Plan on the "entry date" that we have established for all employees. You will also be required to complete certain application forms before you can enroll in the Plan. 2. What Are the Eligibility Requirements for Our Plan? You will be eligible to join the Plan once you have completed 6 month(s) of employment. Of course, if you were already a participant before this amendment, you will remain a participant. 3. When Is My Entry Date? Once you have met the eligibility requirements, your entry date will be the first day of the month coinciding with or following the date you met the eligibility requirements. 4. Are There Any Employees Who Are Not Eligible? Yes, there are certain employees who are not eligible to join the Plan. They are: -- Employees who are not full -time or regular part-time. 1 • • • 5. What Must I Do to Enroll in the Plan? Before you can join the Plan, you must complete an application to participate in the Plan. The application includes your personal choices for each of the benefits which are being offered under the Plan. You must also authorize us to set some of your earnings aside in order to pay for the benefits you have elected. 1. How Does This Plan Operate? Before the start of each Plan Year, you will be able to elect to have some of your upcoming pay contributed to the Plan. These amounts will be placed in special funds or accounts which must be set up for you in order to pay for the benefits you have chosen. The portion of your pay that is paid to the Plan is not subject to Federal income or Social Security taxes. In other words, this allows you to use tax -free dollars to pay for certain kinds of benefits and expenses which you normally pay for with out -of- pocket, taxable dollars. However, if you receive a reimbursement for an expense under the Plan, you cannot claim a Federal income tax credit or deduction on your return. year. I I OPERATION III CONTRIBUTIONS 1. How Much of My Pay May the Employer Redirect? Each year, you may elect to have us contribute on your behalf enough of your compensation to pay for the benefits that you elect under the Plan. These amounts will be deducted from your pay over the course of the year. However, you may not have us contribute more than $25,000 each Plan Year. 2. How is My Compensation Measured Under Our Plan? Compensation under our Plan means the total cash amount that is paid to you each 3. What Happens to Contributions Made to the Plan? Before each Plan Year begins, you will select the non - insured benefits you want and how much of the contributions should go toward each benefit. It is very important that you make these choices carefully based on what you expect to spend on each covered benefit or expense during the Plan Year. Later, they will be used to pay for the expenses as they arise during the Plan Year. 2 4. When Must I Decide Which Accounts I Want to Use? You are required by Federal law to decide before the Plan Year begins, during the "election period." You must decide two things. First, which benefits you want and, second, how much should go toward each benefit. 5. When Is the "Election Period" for Our Plan? Your election period will start on the date you first meet the "eligibility requirements" and end 30 days after your "entry date." (You should review Section I on Eligibility to better understand the terms "eligibility requirements" and "entry date. ") Then, for each following Plan Year, the election period is established by the Administrator and applied uniformly to all Participants. It will normally be a period of time prior to the beginning of each Plan Year. The Administrator will inform you each year about the election period. (See the Article entitled "General Information About Our Plan" for the definition of Plan Year.) 6. May I Change My Elections During the Plan Year? Generally, you cannot change the elections you have made after the beginning of the Plan Year. However, there are certain limited situations when you can change your elections. You are permitted to change elections if you have a "change in status" and you make an election change that is consistent with the "change in status." Currently, Federal law considers the following events to be "changes in status ": — Marriage, divorce, death of a spouse, legal separation or annulment; - Change in the number of dependents, including birth, adoption, placement for adoption, or death of a dependent; -- Any of the following events for you, your spouse or dependent: termination or commencement of employment, a strike or lockout, commencement or retum from an unpaid leave of absence, a change in worksite, or any other change in employment status that affects eligibility for benefits; -- One of your dependents satisfies or ceases to satisfy the requirements for coverage due to change in age, student status, or any similar circumstance; and - A change in the place of residence of you, your spouse or dependent. In addition, if you are participating in the Dependent Care Assistance Program, then there is a "change in status" if your dependent no longer meets the qualifications to be eligible for dependent care. There are detailed rules on when a change in election is deemed to be consistent with a "change in status." In addition, there are laws that give you rights to change accident and health coverage for you, your spouse, or your dependents. If you change coverage due to rights you have under the law, then you can make a corresponding change in your elections under the Plan. If any of these conditions apply to you, you should contact the Administrator. If the cost of a benefit provided under the Plan increases or decreases during a Plan Year, then we will automatically increase or decrease, as the case may be, your salary redirection election. If the cost increases significantly, you will be permitted to either make corresponding changes in your payments or revoke your election and obtain coverage under another benefit package option with similar coverage, or revoke your election entirely. 3 • • If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, then you may revoke your elections and elect to receive on a prospective basis coverage under another plan with similar coverage. In addition, if we add a new coverage option or eliminate an existing option, you may elect the newly -added option (or elect another option if an option has been eliminated) and make corresponding election changes to other options providing similar coverage. If you are not a Participant, you may elect to join the Plan. There are also certain situations when you may be able to change your elections on account of a change under the plan of your spouse's, former spouse's or dependent's employer. These rules on change due to cost or coverage do not apply to the Health Care Reimbursement Plan, and you may not change your election to the Health Care Reimbursement Plan if you make a change due to cost or coverage for insurance. You may not change your election under the Dependent Care Assistance Program if the cost change is imposed by a dependent care provider who is your relative. 7. May I Make New Elections in Future Plan Years? Yes, you may. For each new Plan Year, you may change the elections that you previously made. You may also choose not to participate in the Plan for the upcoming Plan Year. If you do not make new elections during the "election period" before a new Plan Year begins, we will consider that to mean you have elected not to participate for the upcoming Plan Year. 1. What Benefits Are Available? IV BENEFITS Under our Plan, you can choose to receive your entire compensation or use a portion to pay for the following benefits or expenses during the year: Health Care Reimbursement Plan: The Health Care Reimbursement Plan enables you to pay for expenses which are not covered by our insured medical plan or privately held insurance policies and save taxes at the same time. The account allows you to be reimbursed by the Employer for out -of- pocket medical, dental and vision expenses incurred by you and your dependents. The expenses which qualify are those permitted by Section 213 of the Internal Revenue Code. A list of covered expenses is available from the Administrator. You may not, however, be reimbursed for the cost of other health care coverage maintained outside of the Plan, or for long -term care expenses. The most that you can contribute to your Health Care Reimbursement Plan each Plan Year is $3000. In order to be reimbursed for a health care expense, you must submit to the Administrator an itemized bill from the service provider. Amounts reimbursed from the Plan may not be claimed as a deduction on your personal income tax return. Reimbursement from the fund shall be paid at least once a month. Dependent Care Assistance Account: The Dependent Care Assistance Account enables you to pay for out -of- pocket, work - related dependent day -care cost with pre -tax dollars. If you are married, you can use the 4 account if you and your spouse both work or, in some situations, if your spouse goes to school full -time. Single employees can also use the account. An eligible dependent is any member of your household for whom you can claim expenses on Federal Income Tax Form 2441 "Credit for Child and Dependent Care Expenses." Children must be under age 13. Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: -- A Dependent (Day) Care Center, provided that if care is provided by the facility for more than six individuals, the facility complies with applicable state and local laws. -- An Educational Institution for pre - school children. For older children, only expenses for non - school care are eligible. -- An "Individual" who provides care inside or outside your home. The "Individual" may not be a child of yours under age 19 or anyone you claim as a dependent for Federal tax purposes. You should make sure that the dependent care expenses you are currently paying for qualify under our Plan. The law places limits on the amount of money that can be paid to you in a calendar year from your Dependent Care Assistance Account. Generally, your reimbursements may not exceed the lesser of: (a) $5,000 (if you are married filing a joint return or you are head of a household) or $2,500 (if you are married filing separate returns); (b) your taxable compensation; (c) your spouse's actual or deemed earned income (a spouse who is a full time student or incapable of caring for himself /herself has a monthly earned income of $200 for one dependent or $400 for two or more dependents). Also, in order to have the reimbursements made to you from this account be excludable from your income, you must provide a statement from the service provider including the name, address, and in most cases, the taxpayer identification number of the service provider on your tax form for the year, as well as the amount of such expense as proof that the expense has been incurred. In addition, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a Participant in this Plan. You may save more money if you take advantage of this tax credit rather than using the Dependent Care Assistance Account under our Plan. Ask your tax adviser which is better for you. Premium Expense Account: A Premium Expense Account allows you to use tax -free dollars to pay for certain premium expenses under various insurance programs that we offer you. These premium expenses include: -- Health care premiums under our insured group medical plan. -- Health care premiums under privately held insurance policies. -- Group term life insurance premiums. -- Dental insurance premiums. -- Disability insurance premiums. -- Disability insurance premiums under privately held insurance policies. -- Cancer insurance premiums. 5 • • • -- Vision insurance premiums. -- Accidental death and dismemberment insurance premiums. Under our Plan, we will establish sub - accounts for you for each different type of insurance coverage that is available. Also, certain limits on the amount of coverage may apply. The Administrator may terminate or modify Plan benefits at any time, subject to the provisions of any insurance contracts providing benefits described above. We will not be liable to you if an insurance company fails to provide any of the benefits described above. Also, your insurance will end when you leave employment, are no longer eligible under the terms of any insurance policies, or when insurance terminates. Any benefits to be provided by insurance will be provided only after (1) you have provided the Administrator the necessary information to apply for insurance, and (2) the insurance is in effect for you. "Privately held insurance policies" do not include coverage obtained through a spouse's employment. Cost of these policies will only be reimbursed on adequate proof of coverage. V BENEFIT PAYMENTS 1. When Will I Receive Payments From My Accounts? During the course of the Plan Year, you may submit requests for reimbursement of expenses you have incurred. Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, these reimbursements which are made from the Plan are generally not subject to federal income tax or withholding. Nor are they subject to Sociai.Security taxes. Requests for payment of insured benefits should be made directly to the insurer. You will only be reimbursed from the Dependent Care Assistance Account to the extent that there are sufficient funds in the Account to cover your request. 2. What Happens If I Don't Spend All Plan Contributions? Any monies left at the end of the Plan Year will be forfeited. Obviously, qualifying expenses that you incur late in the Plan Year for which you seek reimbursement after the end of such Plan Year will be paid first before any amount is forfeited. However, you must make your requests for reimbursement no later than 90 days after the end of the Plan Year. Because it is possible that you might forfeit amounts in the Plan if you do not fully use the contributions that have been made, it is important that you decide how much to place in each account carefully and conservatively. Remember, you must decide which benefits you want to contribute to and how much to place in each account before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in each account will be used up entirely. 6 3. Family and Medical Leave Act (FMLA) If you take leave under the Family and Medical Leave Act, you may revoke or change your existing elections for health insurance, group -term life insurance and the Health Care Reimbursement Plan. If your coverage in these benefits terminates, due to your revocation of the benefit while on leave or due to your non - payment of contributions, you will be permitted to reinstate coverage for the remaining part of the Plan Year upon your return. For the Health Care Reimbursement Plan, you may continue your coverage or you may revoke your coverage and resume it when you return. You can resume your coverage at its original level and make payments for the time that you are on leave. For example, if you elect $1,200 for the year and are out on leave for 3 months, then return and elect to resume your coverage at that level, your remaining payments will be increased to cover the difference -from $100 per month to $150 per month. Alternatively your maximum amount will be reduced proportionately for the time that you were gone. For example, if you elect $1,200 for the year and are out on leave for 3 months, your amount will be reduced to $900. The expenses you incur during the time you are not in the Health Care Reimbursement Plan are not reimbursable. If you continue your coverage during your unpaid leave, you may pre -pay for the coverage, you may pay for your coverage on an after -tax basis while you are on leave, or you and your Employer may arrange a schedule for you to "catch up" your payments when you return. 4. Uniformed Services Employment and Reemployment Rights Act (USERRA) If you are going into or returning from military service, you may have special rights to health care coverage under your Health Care Reimbursement Plan under the Uniformed Services Employment and Reemployment Rights Act of 1994. These rights can include extended health care coverage. If you may be affected by this law, ask your Administrator for further details. 5. What Happens If I Terminate Employment? If you leave our employ during the Plan Year, your right to benefits will be determined in the following manner: -- You will remain covered by insurance, but only for the period for which premiums have been paid prior to your termination of employment. -- You will still be able to request reimbursement for qualifying dependent care expenses for the remainder of the Plan Year from the balance remaining in your dependent care account at the time of termination of employment. However, no further salary redirection contributions will be made on your behalf after you terminate. -- You may elect to continue your participation in the Health Care Reimbursement Plan for the remainder of the Plan Year. -- If you elect to continue your participation in the Health Care Reimbursement Plan, you must continue to make any required contributions to the Plan. -- If you elect not to continue participation in the Health Care Reimbursement Plan, participation will cease and no further salary redirection contributions will be contributed on your behalf. -- If your participation in the Health Care Reimbursement Plan ceases, you will be able to submit claims for health care expenses incurred prior to your date of termination. 7 to • • • • • Under Federal law, if you, your spouse, and /or your covered dependents lose coverage under this Plan, then you, your spouse, and /or your covered dependents may be entitled to continuation of health care coverage. The Administrator will inform you of these rights if you lose coverage for any reason other than divorce, legal separation or a covered dependent ceasing to be a dependent. Generally, if we (and any related companies) employed twenty (20) or more employees "on a typical business day" in the preceding calendar year, health plan continuation must be made available for a period not to exceed eighteen (18) months if a loss of benefits occurs because of your termination of employment or reduction of hours, or for a period not to exceed three (3) years for any of the other reasons given in (b).and (c) below. Under certain circumstances, persons who are disabled at the time of termination of employment or reduction in hours and /or within the first 60 days of COBRA coverage may be eligible for continuation of coverage for a total of 29 months (rather than 18). You should check with the Administrator for more details regarding this extended coverage. However, in certain circumstances, this continuation coverage may be terminated for reasons such as failure to pay continuation coverage cost, coverage under another employer's plan (whether as an employee or otherwise, provided the other employer's health plan does not contain any exclusion or limitation with respect to any pre- existing condition of the beneficiary unless the pre- existing condition limit does not apply to, or is satisfied by, the qualified beneficiary by reason of the group health plan portability, access and renewability requirements of the Health Insurance Portability and Accountability Act, ERISA or the Public Health Services Act), termination of our health plan, a "for cause" termination of coverage for reasons such as fraud, or you (or the person entitled to continued coverage) become enrolled in Medicare. However, if you become enrolled in Medicare, your covered dependents may still qualify for continuation coverage. The cost of continuation coverage must be paid by the individual choosing such coverage; however, the cost may not exceed 102% of the cost of the same coverage for a "similarly situated" employee or family member. When the continuation coverage for a disabled person is extended from 18 months to 29 months, the disabled person may be charged 150% (rather than 102 %) of the cost of the coverage after expiration of the initial 18 -month period. (a) If you would otherwise lose your health plan coverage under this Plan because of a termination of employment or reduction in hours, you may continue the health plan coverage provided under this Plan. However, this will not be a tax - deductible expense to you, absent unusual circumstances. (b) Your spouse may choose continuation coverage for himself or herself if he or she loses group health coverage for any of the following reasons: (1) your death; (2) your divorce or legal separation; or (3) you become enrolled in Medicare. (c) Your dependent children, including a child born to or placed for adoption with the Participant during the period of COBRA coverage, may choose continuation coverage for themselves if they lose group health coverage for any of the following reasons: (1) death of a parent; (2) your divorce or legal separation; (3) you become enrolled in Medicare; or (4) your dependent ceases to be a dependent child under the Plan. It is your responsibility to notify the Plan Administrator of a divorce, legal separation or other change in marital status, change in a spouse's address, or a child losing dependent status under the plan, within sixty (60) days of the event. It is our responsibility to notify the Plan Administrator of your death, termination of employment or reduction in hours, the Employer's bankruptcy, or Medicare eligibility. You can elect to continue your participation in the Health Care Reimbursement Plan for the remainder of the Plan Year, subject to the following conditions. You may only continue to 8 participate in the Health Care Reimbursement Plan if you have contributed more money than you have taken out in claims. For example, if you elected to contribute an annual amount of $500 and, at the time you terminate employment, you have contributed $300 but only claimed $150, you may elect to continue coverage under the Health Care Reimbursement Plan. If you elect to continue coverage, then you would be able to continue to receive your health care reimbursements up to the $500. However, you must continue to pay for the coverage, just as the money has been taken out of your paycheck, but on an after -tax basis. The Plan can also charge you an extra amount to provide this benefit. When you terminate employment the Administrator will provide you with a notice regarding your right to continue coverage. 6. Will My Social Security Benefits Be Affected? Your Social Security benefits may be slightly reduced because when you receive tax -free benefits under our Plan, it reduces the amount of contributions that you make to the Federal Social Security system as well as our contribution to Social Security on your behalf. 1. Periodic Statements VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1 Do Limitations Apply to Highly Compensated Employees? Under the Internal Revenue Code, "highly compensated employees" and "key employees" generally are Participants who are officers, shareholders or highly paid. You will be notified by the Administrator each Plan Year whether you are a "highly compensated employee" or a "key employee." If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Federal tax laws state that a plan will be considered to unfairly favor the key employees if they as a group receive more than 25% of all of the nontaxable benefits provided for under our Plan. Plan experience will dictate whether contribution limitations on "highly compensated employees" or "key employees" will apply. You will be notified of these limitations if you are affected. VII PLAN ACCOUNTING The Administrator will provide you with a statement of your account periodically during the Plan Year that shows your account balance. It is important to read these statements carefully so you understand the balance remaining to pay for a benefit. Remember, you want to spend all the money you have designated for a particular benefit by the end of the Plan Year. 9 • • • Plan. 2. Employer Information CITY OF STILLWATER 216 N. 4th Street Stillwater, Minnesota 55082 41- 6005566 3. Plan Administrator Information 4. Service of Legal Process CITY OF STILLWATER 216 N. 4th Street Stillwater, Minnesota 55082 5. Type of Administration VIII GENERAL INFORMATION ABOUT OUR PLAN This Section contains certain general information which you may need to know about the Plan. 1. General Plan Information CITY OF STILLWATER FLEXIBLE SPENDING ACCOUNT PLAN is the name of the Your Employer has assigned Plan Number 501 to your Plan. The provisions of your amended Plan become effective on January 1, 2003. Your Plan was originally effective on July 1, 1994. Your Plan's records are maintained on a twelve -month period of time. This is known as the Plan Year. The Plan Year begins on January 1 and ends on December 31. Your Employer's name, address, and identification number are: The name, address and business telephone number of your Plan's Administrator are: SECURE BENEFITS SYSTEMS CORP. P.O. Box 469 Okoboji, Iowa 51355 800 - 562 -8454 The Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Administrator will also answer any questions you may have about our Plan. You may contact the Administrator for any further information about the Plan. The name and address of the Plan's agent for service of legal process are: The type of Administration is Employer Administration. 1. Claims Process IX ADDITIONAL PLAN INFORMATION You should submit reimbursement claims during the Plan Year, but in no event later than 90 days after the end of a Plan Year. Any claims submitted after that time will not be considered. Claims for benefits that are insured will be reviewed in accordance with procedures contained in the policies. All other general claims or requests should be directed to the Administrator of our Plan. If a non - insured claim under the Plan is denied in whole or in part, you or your beneficiary will receive written notification. The notification will include the reasons for the denial, with reference to the specific provisions of the Plan on which the denial was based, a description of any additional information needed to process the claim and an explanation of the claims review procedure. If we fail to respond within 90 days, your claim is treated as denied. Within 60 days after denial, you or your beneficiary may submit a written request for reconsideration of the application to the Administrator. Any such request should be accompanied by documents or records in support of your appeal. You or your beneficiary may review pertinent documents and submit issues and comments in writing. The Administrator will review the claim and provide, within 60 days, a written response to the appeal. (This period may be extended an additional 60 days under certain circumstances.) In this response, the Administrator will explain the reason for the decision, with specific reference to the provisions of the Plan on which the decision is based. The Administrator has the exclusive right to interpret the appropriate plan provisions. Decisions of the Administrator are conclusive and binding. In the case of a claim for medical expenses under the Health Care Reimbursement Plan, the following timetable for claims applies: Notification of whether claim is accepted or denied 30 days Extension due to matters beyond the control of the 15 days Plan Insufficient information on the Claim: 15 days Notification of Response by Participant 45 days Review of claim denial 60 days The Plan Administrator will provide written or electronic notification of any claim denial. The notice will state: (1) The specific reason or reasons for the denial. (2) Reference to the specific Plan provisions on which the denial was based. (3) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary. 11 (4) A description of the Plan's review procedures and the time limits applicable to such procedures. This will include a statement of your right to bring a civil action under section 502 of ERISA following a denial on review. (5) A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Claim. (6) If the denial was based on an internal rule, guideline, protocol, or other similar criterion, the specific rule, guideline, protocol, or.criterion will be provided free of charge. If this is not practical, a statement will be included that such a rule, guideline, protocol, or criterion was relied upon in making the denial and a copy will be provided free of charge to the claimant upon request. When you receive a denial, you will have 180 days following receipt of the notification in which to appeal the decision. You may submit written comments, documents, records, and other information relating to the Claim. If you request, you will be provided, free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Claim. The period of time within which a denial on review is required to be made will begin at the time an appeal is filed in accordance with the procedures of the Plan. This timing is without regard to whether all the necessary information accompanies the filing. A document, record, or other information shall be considered relevant to a Claim if it: (1) was relied upon in making the claim determination; (2) was submitted, considered, or generated in the course of making the claim determination, without regard to whether it was relied upon in making the claim determination; (3) demonstrated compliance with the administrative processes and safeguards designed to ensure and to verify that claim determinations are made in accordance with Plan documents and Plan provisions have been applied consistently with respect to all claimants; or (4) constituted a statement of policy or guidance with respect to the Plan concerning the denied claim. The review will take into account all comments, documents, records, and other information submitted by the claimant relating to the Claim, without regard to whether such information was submitted or considered in the initial claim determination. The review will not afford deference to the initial denial and will be conducted by a fiduciary of the Plan who is neither the individual who made the adverse determination nor a subordinate of that individual. X SUMMARY The money you earn is important to you and your family. You need it to pay your bills, enjoy recreational activities and save for the future. Our flexible benefits plan will help you keep more of the money you earn by lowering the amount of taxes you pay. The Plan is the result of our continuing efforts to find ways to help you get the most for your earnings. If you have any questions, please contact the Administrator. 12 1675 Market Drive • Stillwater, MN 55082 • 651- 430 -2601 • Fax: 651- 430 -2415 2003 Capital Outlay: Spent: 0 Furnaces Lily Lake 10,000 Batteries & Service for Electric 552 Zamboni Would like permission to Change Capital Outlay from furnaces at Lily Lake Arena to ,Batteries and service at the Rec Center for the electric Zamboni. Due to expected, Increase in summer ice the electric machine is more efficient because the exhaust fans are not needed for air quality. (No emissions) Re ards, Dou:. s Brady Fa ity Manager 10,00,0 • STAFF REQUEST ITEM • Department: MIS DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of two (2) computers for the Fire Department. Replacing older computer equipment. 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) Cost of the two computers will be $3701.14 plus tax. Money has been approved in the Capital Outlay budget for this item. 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: 1/30/03 Date: 1/30/03 Minnesota State Store: Current E -quote 1- 800 - 981 -DELL Your current E -quote Number: E002582399 Detail Help with E- quotes (Click Here) View Options. Total Price *: $3,701.14 Description 1 Dell Precision TM Workstation 340 Minitower Intel® Pentium® 4 Processor, 2.80GHz, 512K / 533 Front Side Bus D' edit this item V delete this item C View Order Summary a View Quantity 1 P update Date: Friday, January 31, 2003 9:33:49 AM CST Catalog Number: 84 RC956882 Dell Precision TM Workstation 340 Minitower: Intel® Pentium® 4 Processor, 2.80GHz, 512K / 533 Front Sid 34T280 -1 221 -11671 Memory: 512MB PC800 RDRAM® (2 RIMMSTM) 512N42 - 1 311 -2409 1 Keyboard: Enhanced Performance, USB (8 Hot Keys) U8 - ( 310 -2701 1 Monitor: 17 inch Dell (16.0 inch vis) M782 Flat CRT Monitor M782 M782 -1 320 -0173 1 Graphics Card: nVidia, Quadro2 EXT"^, 32MB, VGA QUAD2EX -1 320 -15331 Hard Drive: 20GB ATA -100 IDE, 1 inch (7200 rpm) 20172 -1 340 -8561 ) Floppy Drive: 3.5 inch 1.44MB Floppy Drive 3 -1 340 -37361 Operating System: Microsoft® Windows® 2000 Professional (Service Pack 2) W2K -1420 -1536] Mouse: Logitech ®, USB, Optical (2- button, w /scroll) LO -1 310 -14641 CD ROM, DVD, and Read -Write Drives: 20/48X IDE CD -ROM and 40X/10X/40X CD Read -Write ROMRW40 -1 313 -11371 Speakers: harman /kardon 206 Speakers HK206 -1 313 -1042 1 Hardware Support Services: 3Yr Parts + Onsite Labor (Next Business Day) U3OS -1 900-6212 1 i 900 -69401 Installation Services: No Installation NOINSTL -1 900 -9987 ) Energy Starr"": Energy Star ES- (310 -64141 ® add item to your E -quote E -quote E002582399 Details Saved By Rose M Holman (rholman @ci.stillwater.mn.us) _ r Page 1 V1 2. Current Orderform I Retrieve E -Qu ;Minnesota S 410 Full Catalog J Software, Periphe Unit Price Iten $1,850.57 $3,' Total Price* $3, http: // rcommerce .us.dell.com /rcomm/basket.asp 1/31/2003 • • Department: MIS /Public Works DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a copier for the new Public Works Building. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Money for this purchase is included in the Captial Outlay for 2003. Total cost for the copier is $5,995 plus tax. Annual maintenance agreement would be from $1200 to 1500 and includes toner, developer and service. This was also included in the budget for 2003. • 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 STAFF REQUEST ITEM a Date: Jan. 31, 2003 Date: 1/31/03 The Way Business Gets Communicated''' Imaging Solution Solution For City of Stillwater Public Works Prepared By Patrick Sunder Date Presented January 30, 2003 IKON Office Solutions, Inc. 2740 West 80`" Street, Minneapolis, MN 55431 -1203 Phone: (952) 888 -8000 Fax: (952) 885 -3798 • • • • • The Way Business Gets Communicated' System Configuration Refurbished Savin SDC 326A Color / B &W Digital Printer / Copier * 31 Prints /Copies Per Minute B &W * 6 Prints /Copies Per Minute Color * Automatic Reversing Document Feeder * Automatic Duplexing * 1,050 Sheet Paper Capacity 2 x 500 Sheet Drawers 1 x 50 Sheet Bypass Tray * 141b. Bond — 901b. Index * 25% — 400% Reduction — Enlargement * 600 x 600 dpi * 10 -Bin Stapler /Sorter * E -310 Print Controller 366 Mhz * 128 MB RAM with 8.4GB Hard Drive * True Adobe PostScript IKON Recommends: Purchase or 36 -Month IKON Two Party Fair Market Value Rental Rental Analysis Monthly Investment $209.00 Delivery and Training Included Digital Support Service Included Includes Set Up & Connectivity for Up to Four User Workstations Purchase Total Investment $5,995 Delivery and Training Included Digital Support Service Included Includes Set Up & Connectivity for Up to Four User Workstations IKON's Full Service Maintenance Agreement All color copies $.164 per image / 5,000 black & white copies for $100.00 at $.020 per excess image All color copies $.164 per image / 7,500 black & white copies for $147.75 at $.0197 per excess image CIE Full parts and labor protection * All- inclusive supply program (toner and developer) — excluding paper and staples CIE Guaranteed four -hour on -site service response time * Five year repair or replacement warranty CIE Extended hour service options available * Other black and white options are available & City of Stillwater Public Works Financials Imaging Solution The Way Business Gets Communicated' Sado Sit 321 SPECIFICATIONS General Specifications • Standard Memory — 48MB x 2 (RAM); 4.3GB x 2 (HDD) • Resolution — 600 dpi • Gray Scale — 256 Levels • Warm Up Time — Approximately 4.5 Minutes First Copy Time • 8 Seconds Black & White • 22.4 Seconds Full Color Maximum Paper Capacity • 2,050 Sheets SDC 326 • 1,550 Sheets SDC 326A Standard Paper Capacity • 500 + 50 Sheet Bypass Tray SDC 326 • 50 Sheet Bypass Tray SDC 326A Duplexing • Manual SDC 326 • Automatic SDC 326A Reproduction Ratios • 7 Reductions, 5 Enlargements Plus 100% Zoom Range • 25% - 400% (In 1% Increments) Copying Speed (SDC 326) • 25 Copies Per Minute Black & White • 6 Copies Per Minute Full Color Copying Speed (SDC 326A) • 31 Copies Per Minute Black & White • 6 Copies Per Minute Full Color • Original Type — Book / Sheet • Original Size — Up to 11" x 17" Document Server Specifications • Number of Jobs — Up to 250 • Number of Pages — Up to 3,000 • Maximum Capacity — 5,000 • Scanning Speed — 72 Originals Per Minute • Speed — 85 Pages Per Minute & City of Stillwater Public Works Imaging Solution • • • The Way Business Gets Communicated' 4110 Support Services • • IKON Office Solutions is committed to Customer Satisfaction. When you call in for service, you will receive a call back from your technician within one hour with an estimated time of arrival. if your primary technician is unavailable, a backup team member will respond to your needs. Our Team Style Approach delivers dramatic results: the Professional Services Group (PSG) YTD average response time is 2.0 hours. We follow -up each service call to survey your satisfaction with our work. Service Highlights: 98.54% Customer Satisfaction Rating Satisfaction is surveyed after every service call & City of Stillwater Public Works Dedicated Product Technicians — The best in the industry Staff of 18 technicians dedicated to supporting digital equipment Digital Two -Way Radio /Cellular Communication Enhanced response time and back -up Automated Dispatch Tracking service history and performance Average Response Time 4 -hour response time 2.5 -hour response time for high volume and color equipment 24 -hour service available Dedicated Connectivity Experts Linda Kloman, Director Imaging Solution The Way Business Gets Communicated' & City of Stillwater Public Works Team IKON Tim Battis Director of Sales, MN Marketplace (952) 885-7930 Korey Moellers Major Account Sales Manager (952) 885 -3374 Patrick Sunder Major Account Executive - Government (952) 885 -3707 Professional Services Group Hotline (952) 841 -4500 Supplies Hotline (952) 885 -3770 Service Hotline (952) 841 -4500 Imaging Solution • Memo • • DATE: January 29, 2003 TO: FROM: Sharon Harrison BACKGROUND RECOMMENDATION Mayor and City Council Asst. Finance Directo Arbitrage Compliance - Engagement Letter All tax exempt bonds issued since 1986 are subject to federal arbitrage regulations. These regulations require that rebatable arbitrage be determined and reported every 5 years and at the time bonds are called or when bonds are paid in full. The City's 1998 bond issues are now subject to rebatable arbitrage calculation/reporting. Attached is an engagement letter with the auditing firm of HLB Taugtes Redpath, Ltd. acknowledging our understanding of services regarding rebatable arbitrage calculations /reporting. The City has contracted with HLB Tautges Redpath, Ltd. several times in the past for just this same service and have been extremely pleased with the service provided. Staff recommends hiring HLB Tautges Redpath, Ltd to perform arbitrage calculations /reporting for the City's 1998 bond issues. Tautges Redpath, Ltd. Certified Public Accountants and Consultants ENGAGEMENT LETTER - ARBITRAGE AGREED -UPON PROCEDURES January 27, 2003 City of Stillwater 216 N. 4 Street Stillwater, MN 55082 -4807 We are pleased to confirm our understanding of the nature and limitations of the services we are to provide for the City of Stillwater, Minnesota. We will apply the agreed -upon procedures which the City has specified, listed in the attached schedule, to arbitrage compliance of the City as of the date of this letter, prepared in accordance with IRS regulations. This engagement is solely to assist the City in complying with arbitrage regulations. Our engagement to apply agreed -upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report, or will not issue a report as a result of this engagement. Because the agreed -upon procedures listed in the attached schedule do not constitute an examination, we will not express an opinion on arbitrage compliance. In addition, we have no obligation to perform any procedures beyond those listed in the attached schedule. We will submit a report listing the procedures performed and our findings. This report is intended solely for the use of the City, and should not be used by those who did not agree to the procedures and take responsibility for the sufficiency of the procedures for their purposes. Our fees for these services will be at are standard hourly rates. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. 4810 White Bear Parkway, White Bear Lake, Minnesota 55110, USA Telephone: 651 426 7000 Fax: 651 426 5004 HLB Tautges Redpath, Ltd. is a member of Iff International. A world -wide organization of accounting firms and business advisers • • City of Stillwater Arbitrage Agreed Upon Procedures Engagement January 27, 2003 Page 2 • • 254535.1 We appreciate the opportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. If the need for additional services arises, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. If additional specified parties of the report are added, we will require that they acknowledge in writing their responsibility for the sufficiency of procedures. Very truly yours, HLB TAUTGES REDPATH, LTD. � fi 1z1 David J. Mol, CPA DJM:clg RESPONSE: This letter correctly sets forth the understanding of the City of Stillwater, Minnesota. By: Title: Date: By: Title: Date: 254535.1 City of Stillwater Arbitrage Agreed Upon Procedures Engagement January 27, 2003 Page 3 Arbitrage Aareed Upon Procedures Procedure 1. Determine initial rebate computation requirements and computation periods. 2. For bond issues requiring a rebate computation, provide the information as identified on the attached "client to provide" lists. 3. Prepare arbitrage rebate computations. X Responsible Party HLBTR City X X • • • • 208069.1 CITY OF STILLWATER, MINNESOTA $665,000 G.O. Improvement Bonds, Series 1998C Items need for Arbitrage Rebate Calculation 1. Certificate of Purchaser. This document indicates if there was a re- offering price adjustment. 2. Arbitrage certificate. 3. Finance directors "Receipt of Delivery" certificate. This document details the amount received from the bond sale. 4. Copy of the City's Annual Financial Report for the years ended 2000 and 2001. 5. Investment income allocation worksheets for 2000, 2001 and 2002. 6. A schedule of cash transactions of both the Debt Service and Capital Project Funds for the years 1998 through 2002. This schedule should indicate the date of the transaction, amount and type (receipt or disbursement). 7. Debt payment schedule. 8. Form 8038G 9. Resolution authorizing bond issuance. 208072.1 CITY OF STILLWATER, MINNESOTA $2,500,000 G.O. Bonds of 1998 Items need for Arbitrage Rebate Calculation 1. Certificate of Purchaser. This document indicates if there was a re- offering price adjustment. 2. Arbitrage certificate. 3. Finance directors "Receipt of Delivery" certificate. This document details the amount received from the bond sale. 4. Copy of the City's Annual Financial Report for the years ended 2000 and 2001. 5. Investment income allocation worksheets for 2000, 2001 and 2002. 6. A schedule of cash transactions of both the Debt Service and Capital Project Funds for the years 1998 through 2002. This schedule should indicate the date of the transaction, amount and type (receipt or disbursement). 7. Debt payment schedule. 8. Form 8038G 9. Resolution authorizing bond issuance. • • • • 208071.1 CITY OF STILLWATER, MINNESOTA $4,610,000 G.O. Revenue Bonds of 1998 Items need for Arbitrage Rebate Calculation 1. Certificate of Purchaser. This document indicates if there was a re- offering price adjustment. 2. Arbitrage certificate. 3. Finance directors "Receipt of Delivery" certificate. This document details the amount received from the bond sale. 4. Copy of the City's Annual Financial Report for the years ended 2000 and 2001. 5. Investment income allocation worksheets for 2000, 2001 and 2002. 6. A schedule of cash transactions of both the Debt Service and Capital Project Funds for the years 1998 through 2002. This schedule should indicate the date of the transaction, amount and type (receipt or disbursement). 7. Debt payment schedule. 8. Form 8038G 9. Resolution authorizing bond issuance. BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Arbitrage Compliance — Engagement Letter between the City of Stillwater and HLB Tautges Redpath, Ltd., 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 4 day of February 2003. ATTEST: APPROVAL OF AGREEMENT WITH HLB TAUTGES REDPATH, LTD Diane F. Ward, City Clerk RESOLUTION 2003 - 27 Jay L. Kimble, Mayor • • • • • • ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. 2003-28 APPROVING CITY ADMINISTRATOR PERFORMANCE EVALUATION AND SALARY FOR 2003 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the City Administrator's satisfactory one -year performance evaluation is hereby approved. BE IT FURTHER RESOLVED, that the City Administrator's salary of $87,550 per year is hereby approved, in accordance with the terms of the employment agreement. Said salary shall be effective as of January 1, 2003. Adopted by the City Council this 4 day of February 2003. Jay Kimble, Mayor • • BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the attached Agreement Between the City of Stillwater and Law Enforcement Labor Services Police Sergeants, Local 254 for January 1, 2003— December 31, 2003 is hereby approved. Adopted by the City Council this 4 day of February 2003. ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. 2003-29 APPROVING THE AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES POLICE SERGEANTS, LOCAL 254 FOR JANUARY 1, 2003— DECEMBER 31, 2003 Jay L. Kimble, Mayor • • • LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES POLICE SERGEANTS, LOCAL NO. 254 JANUARY 1, 2003 through December 31, 2003 TABLE OF CONTENTS ARTICLE PAGE TABLE OF CONTENTS 2 ARTICLE I PURPOSE OF AGREEMENT 4 ARTICLE II RECOGNITION 4 ARTICLE III DEFINITIONS 4 ARTICLE IV EMPLOYER SECURITY 5 ARTICLE V EMPLOYER AUTHORITY 5 ARTICLE VI UNION SECURITY 5 ARTICLE VII GRIEVANCE PROCEDURE 6 ARTICLE VIII SAVINGS CLAUSE 8 ARTICLE IX SENIORITY 8 ARTICLE X PROBATIONARY PERIODS 8 ARTICLE XI DISCIPLINE 8 ARTICLE XII CONSTITUTIONAL PROTECTION 9 ARTICLE XIII OVERTIME PAY 9 ARTICLE XIV COURT TIME 9 ARTICLE XV CALL BACK TIME 9 ARTICLE XVI SICK LEAVE 10 ARTICLE XVII SEVERANCE PAY 11 ARTICLE XVIII HOLIDAYS 11 ARTICLE XIX VACATION 12 ARTICLE XX UNIFORMS 12 ARTICLE XXI INSURANCE 12 ARTICLE XXII LONGEVITY 12 ARTICLE XXIII MILITARY LEAVE 12 ARTICLE XXIV WAIVER 12 Page 2 of 15 • • • ARTICLE XXV DURATION 13 APPENDIX A 14 APPENDIX B 15 • • Page 3 of 15 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES POLICE SERGEANTS ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Stillwater, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Stillwater Police Sergeants, hereinafter called the UNION. The intent and purpose of this AGREEMENT to: 1.1 Establish certain hours, wages, and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; and 1.3 Place in written form the parties' full agreement upon the terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in a unit certified by the State of Minnesota Bureau of Mediation Services in Case No. 01- PCE -775 as: all essential licensed supervisory employees of the Stillwater Police Department, Stillwater, Minnesota, who are public employees within the meaning of Minnesota Statute 179A.03, excluding confidential employees. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Stillwater Police Department. 3.5 EMPLOYER: The City of Stillwater. Page 4 of 15 • • • • 3.6 CHIEF: The Chief of the City of Stillwater Police Department. • • ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V 5.1 ARTICLE VI 6.1 3.7 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.8 SCHEDULED SHIFT: A consecutive work period including two rest breaks and a lunch break. 3.9 REST BREAK. A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK. A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. EMPLOYER AUTHORITY The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. UNION SECURITY The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179.65, Subdivision 2, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate an employee from the bargaining unit to act as a Steward and an alternate. The UNION shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suites, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this ARTICLE. Page 5 of 15 ARTICLE VII 7.1 GRIEVANCE PROCEDURE DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER - designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 2 Representative. The EMPLOYER - designated Representative shall give the UNION the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER - designated Representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Page 6 of 15 • • • • Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 3 Representative. The EMPLOYER - designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER - designated Representative's final answer in Step 3. A grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The EMPLOYER and the UNION Representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties cannot agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION. Page 7 of 15 7.7. CHOICE OF REMEDY If, as a result of the written EMPLOYER response to Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 5 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Employer seniority shall be determined by the EMPLOYEE'S length of continuous employment with the Police Department. Job classification seniority shall be determined by the EMPLOYEE'S length of continuous employment in a position covered by this Labor Agreement. Seniority lists shall be posted in an appropriate location. ARTICLE X 10.1 9.2 A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Recall rights under this provision will continue for twenty -four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. PROBATIONARY PERIODS All newly hired or rehired employees will serve a one (1) year probationary period. 10.2 All employees will serve a one (1) year probationary period in any job classification in which the employee has not served a probationary period. 10.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 10.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XI DISCIPLINE 11.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or Page 8 of 15 • • • • • • e) discharge. 11.2 Suspensions, demotions and discharges will be in written form. 11.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an EMPLOYEE'S personnel file shall be read and acknowledged by signature of the EMPLOYEE. EMPLOYEE and the UNION will receive a copy of such reprimands and /or notices. 11.4 EMPLOYEES may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 11.5 EMPLOYEES will not be questioned concerning an investigation of disciplinary action unless the EMPLOYEE has been given an opportunity to have a UNION representative present at such questioning. 11.6 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. ARTICLE XII CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XIII 12.1 OVERTIME PAY Employees will be compensated at one and one -half (1 -1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will, for record keeping purposes under Article 12.2, be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 Overtime will be calculated to the nearest fifteen minutes. 12.6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 12.1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the EMPLOYEE and the Police Chief. ARTICLE XIV COURT TIME An EMPLOYEE who is required to appear in court on their scheduled off -duty time shall receive a minimum of two and one -half (2 hours pay at one and one -half (11/2) times the EMPLOYEE'S base pay rate. An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the two and one -half (2'A) hour minimum. ARTICLE XV CALL BACK TIME An EMPLOYEE who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 times the EMPLOYEE'S base pay rate. An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour Page 9 of 15 minimum. ARTICLE XVI 15.1. For the purpose of computing call back time compensation, call back hours shall not be pyramided, compounded or paid twice for the same hours paid. SICK LEAVE All regular, full -time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: a. If term of employment has been one year but Tess than two years, one week of full pay. b. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. c. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 - 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. 2. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. 3. Sickness disability benefits usage shall be subject to the following conditions: a. An EMPLOYEE may use the full entitlement only once annually. Full entitlement is defined as the accrual amount for the length of service to the City. b. Any days used by an EMPLOYEE must be replaced at the following earning rate: Employees with less than five (5) years service shall earn back a sickness disability leave at the rate of eight (8) hours for each month worked. Employees with five (5) years, but Tess than ten (10) years service shall earn back sickness disability leave at the rate of twelve (12) hours for each month worked. Employees with ten (10) or more years service shall earn back sickness disability leave at the rate of sixteen (16) hours for each month worked. c. Sickness disability leave time cannot be earned back during the time an employee is on sick leave. d. Only those employees who have utilized sickness disability leave shall earn back sickness disability leave time as a replacement for used leave time. 4. Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Page 10 of 15 • • • • • • Compensation allowance and their regular weekly pay. Sick leave shall than be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. 5. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. 6. Sick leave will be suspended after benefits have been exhausted; however, an EMPLOYEE who has fulfilled all of the requirements for a vacation that has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay and benefits; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to return to work. Upon return to active employment, the employee shalt retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. ARTICLE XVII SEVERANCE PAY One -half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to EMPLOYEE having completed a minimum of ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. ARTICLE XVIII HOLIDAYS 17.1 EMPLOYEE shall be entitled to eleven (11) paid holidays per year. 17.2 Holiday pay shall be made the first payday in the month of December of each year. 17.3 The hourly rate for Holiday pay shall be computed on a forty (40) hour week or one hundred seventy -three (173) hours per month. 17.4 Any employee required to work on any of the following holidays shall be granted an additional one -half (1/2) times the employee's base pay rate in addition to regular pay and holiday pay for the entire shift in recognition of said holiday: New Year's Day Labor Day Veterans Day Thanksgiving Day Christmas Day President's Day Martin Luther King Day, Jr. Day Memorial Day July 4 17.5 Immediately preceding the 1st anniversary date of employment, the employee shall be entitled to one additional floating holiday, without holiday pay. Page 11 of 15 ARTICLE XIX VACATION 18.1 Regular, full -time employees shall be entitled to the following schedule: From 0 thru 12 months employment From 1 year thru 4 years employment After 4 years thru 10 years employment After 10 years thru 15 years employment After 15 years ARTICLE XX UNIFORMS The EMPLOYER shall provide required uniform articles and equipment. 6.66 hours per month 80 hours per year 120 hours per year 160 hours per year 8 additional hours for each year up to twenty years for a maximum of 200 hours. 18.2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment and must be taken within one (1) year, except that a maximum of eighty (80) hours of vacation may be carried over into the next year. Any vacation time over the allowed maximum carry over of 80 hours shall be forfeited at the end of the calendar year. There shall be a maximum of 240 hours vacation during any one (1) calendar year. 18.3 One continuous vacation period shall be selected on the basis of seniority until March 1st of each calendar year. ARTICLE XXI INSURANCE 20.1 Effective January 1, 2003, the EMPLOYER will contribute up to Five Hundred Seventy - four Dollars and ninety -four cents ($574.94) per month, per employee toward group health insurance coverage, including dependent coverage. 20.2 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. ARTICLE XXII LONGEVITY 21.1 All regular, full -time employees shall be paid longevity according to Appendix B. The length of the employees' full -time employment with the City determines longevity. ARTICLE XXIII MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided by Minnesota Statutes. ARTICLE XXIV WAIVER 23.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations, terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 23.2 The parties mutually acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Page 12 of 15 • • ARTICLE XXV DURATION The AGREEMENT shall remain in full force and effect for a period commencing JANUARY 1, 2003 through December 31, 2003. In the event a new AGREEMENT is not in effect January 1, 2004, this AGREEMENT shall remain in full force and effect until a successor AGREEMENT is effected. • • IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this 4th day of February 2003. FOR THE CITY OF STILLWATER: Page 13 of 15 FOR LELS POLICE SERGEANTS, LOCAL NO. :254 The following wage schedule shall be in effect: APPENDIX A MONTHLY WAGE SCHEDULE Page 14 of 15 Effective JANUARY 1, 2003 Sergeants $5,145 • • • • • • The following longevity schedule shall be in effect: APPENDIX B MONTHLY LONGEVITY SCHEDULE Effective January 1, 2003 After 5 Years $ 92 After 10 Years $186 After 15 Years $278 After 20 Years $326 Page 15 of 15 • Memo To: Mayor and City Council From: Steve Russell, Community Development Director il- Date: January 30, 2003 Subject: Subdivision of a 15,000 Square Foot Lot into Two Lots of 7,500 Each Located in the RB, Duplex Residential District (Case No. SUB /03 -01) Background This request was heard before the Planning Commission at their meeting of January 13, 2003. Several neighbors spoke in opposition to the project. Concerns expressed were access and drainage (see attached minutes). The applicant was not present. The Planning Commission was concerned about the steep slope and the request not meeting lot size requirements for developable land. • Planning Commission Recommendation: Denial • Attachments: Staff report and minutes of 1/13/03. CITY OF STILLWATER PLANNING COMMISSION JANUARY 13, 2003 Commissioner Gag called the meeting to order at 7:00 p.m. Present: Commissioners Gag, Middleton, Peroceshi, Ranum, Teske, Tumiquist, Wald, and Council Representative Junker Late Arrivals: Chairperson Hultman (arrived at 7:45 p.m.) Others: Community Development Director Russell APPROVAL OF MINUTES Motion made by Commissioner Wald, seconded by Commissioner Ranum to approve the December 9, 2002 commission minutes. Motion carried unanimously. Case No. SUB /03 -02. A subdivision of Lots 1, 2, 3 and the east half of Lot 4, Block 1 Wilkin's Addition to Stillwater into two lots of 9,742 square feet located at 1420 North Fourth Street in the RB, Two Family Residential District. Jennifer Cates, representing Cates Construction, applicant. Ms. Cates requested a subdivision of a 19,484 square foot lot into two lots of 9,742 square feet each. The proposed lot meets the lot size requirements for a single family lot in the RB District. The plan shows the removal of an existing deck, garage and shed. The setbacks for the new lot are met. The western lot will be built first. Henry Thomas, 410 4 Street had no objections to the project, he was just curious to find out what the plans were. Motion made by Commissioner Ranum, seconded by Commissioner Peroceshi to approve the subdivision of a 19,484 square foot lot into two lots of 9,742 square feet each located at 655 Second Street South. Motion passed unanimously. Case No. SUB /03 -01. A resubdivision of Lots 10 and 11, Blk 51 Churchill Nelson & Slaughters Addition to two lots of 7,500 square feet each located at 655 South Second Street in the RB, Two Family Residential District. Tom Brudos, applicant. The applicant was not present at the meeting. The Commission felt that the lot is not buildable due to the steep hill. 1 • • • CITY OF STILLWATER PLANNING COMMISSION JANUARY 13, 2003 • • Dave and Karen Jones, 206 E. Locus Street, requested that the subdivision be denied because of the steep grade and the erosion that already exists. Ken Schmits, 660 S. Broadway requested that the subdivision be denied because he would lose privacy if a house would be built on the hill. OTHER ITEMS Update: Downtown Projects Expansion Area Traffic Study ADJOURNMENT Motion made by Commissioner Duke, seconded by Commissioner Ranum to adjourn the meeting at 8:05 p.m. Motion passed unanimously. Respectfully submitted, Bobbi Mortvedt Recording Secretary 2 PLANNING APPLICATION REVIEW FORM CASE NO. SUB /03 -01 Planning Commission Date: January 13, 2003 Project Location: 655 Second Street South Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Tom Brudos Type of Application: Subdivision Project Description: Request to subdivide a 15,000 square foot lot into two lots of 7,500 square feet each. Lands greater than 25 percent are not considered developable because of erosion, drainage, visual impacts and the importance of vegetation in stabilizing steep slopes. The lot is serviced by an unimproved gravel road with no fire turn around access. Recommendation: Denial Findings: The proposed subdivision does not meet lot size requirements for developable land. Attachments: Application, map and comments from City Engineer and Fire Chief. CPC Action on 1/13/03: Denial +8 -0 Y Discussion: The request is to subdivide an existing 15,000 square foot lot into two lots of 7,500 square feet each(50' x 150') lots. The new proposed lot does not meet the lot size requirements for developable lands with slopes of 25 percent or less. Much of the proposed site as shown on the topo map is greater than 25 percent. • • Memo • • To: Steve Russell, Community Development Director From: Staff Review Committee Date: January 9, 2003 Subject: Subdivision Request (Case No. SUB /03 -01) After reviewing the above subdivision request, we offer the following comments: 1. The site is very steep and would be difficult to develop and control drainage impacts on the site and surrounding lots. 2. Access to the site is by a dirt road and the development site is more than 150 feet from an improved public road. If the planning commission approves the subdivision, a detailed, engineered, drainage /erosion control plan should be prepared and approved by the City Engineer and a turn around or road improvements should be made to accommodate fire equipment. Thank you for the opportunity to comment on the project. PLANNING ADMINisTRATION APPLICATION FuRM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 *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 material 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) copies of supporting material is required. If application Is submitted to the City Council twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay t, application process. PROPERTY IDENTIFICATION Address of Project. -5 Assessor's Parcel No. 0 .940 Zoning District Mailing Address City - State - Zip Lot Size (dimensions) x Land Area Height of Buildings: Stories Principal Accessory A6 Description of Project (GEO Code) ay./ Telephone No. 6S/ - y3 - 99 8 Signature (Signature is required) \cfamaralaheilalPLANAPP,FRM April 12, 2002 Feet Property Owner 6 .2o, ,v, ,e. � 7 € . Signature ACTION REQUESTED _ Special/Conditional Use Permit Variance esubdivision Subdivision* _ Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Planning Unit Development * $500 _ Certificate of Compliance $ 70 "I hereby state the foregoing statements and all data, information and evidence submitted herewith in a' respects, to the best of my knowledge and belief, to be true and correct. 1 further certify 1 will comply wi: the permit if it is granted and used." • Representative 4- Mailing Address & d. 0 Tea /6 City - State -Zip M 5'3"a5 Telephone No. 4 57 V36 - 9v 9fl (Signature is required) Case No: 643 Date Filed: ld'rj h9a Fee Paid: -` /DO Receipt No.: FEES $50/200 $70/200 $100 $100 +50 /lot SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off - street parking spaces eso • a2-1 2. 3 /5 col.G;t,e-yz.a,c-eL /e94 /5 6 71 -e- - e77'7 ez /De X 7 5" p c.opL, , a/-eeet;^- • _ .2 -ect- 75 2< 2_90 3 a woc 5° Zlirr - 1q� ss e‘) /50 >d • • • � 1 Location Location Map i1/4 " � "21W "2OW Vicinity Map 0 121 Scale in Feet 71.2 *ming Is Ow nodal • completion elangrodudon ***now& es May Saar Wore. MannyonConlyoffiaf, 711.61119 Mould touted brnterenc• Prom (650■304818 Pen* dote band en AS400•Ifonwhen tarot Prowittator 30, 2002 - 9 co Location Map l 1 R22W R2IW R2OW 0 55 Scale in Feet Med.. it Mon. at • oapola Ind rnaa.NadNM ma4•• war In werime WViplm Cozily et.. TIrd .. , Maid to u farnhn�e ' only. WINN.. Mainly tipraWn tray Nazvnda J Sans Wal 30.a Court rvaF aG a PIa• (11211)490111176 Prad dda Wad an AS 00 Hamdbn onri daanda Cda4rn1002 Na add.a 0.®erV.]rox a 8 1 ,35 8 4 29 tt i35 8 Y 28 9 s 9 8 8 8 8 8 24 135 20 191 135 2 4roa1 135 21. 135 20 ipaw 135 1 . 8 59.51 135 tt Location Map r 7 I ,33 4 103., t 8 8 t 24 135 13 9 8 ) , ,sr ' 135 9 a 8 22 ' t 135 1 R s 2J 135 I y 1 135 11 OM) 8 8 20 135 135 X i t 8 8 t 19 135 I 4 135 13 / 9 Q 18 ,35 135 las t. worn 2 135 9 135 f s 4 02 .10 i8 135 4 11 135 t 12 8 135 r' 13 4 8 135 14 Gem t 8 22 8 8 V 135 28 135 25 1>, 9 X 2 4 13s 2i. $ 135 4 REFERENCE LINE 135 8 X1 13s s 20 135 1 fr w ,35 1 . 9131 ,35 119 17 i 1 4 b25■ 135 t 2 135 13s 4 135 135 1 135 r 4 7 Y 135 >� 135 i 9 25 i .0— 5 135 'o ,35 135 12 135 135 R21W R2OW R19W T32N T31 R22W R2IW R2OW Vicinity Map 0 166 Scale in Feet 1oYNpW9 n Cn .1. vap2rlm rsi npmeeenn eft. neeenaPry lbw dr.i3 should bwa for nfp.• p.w.. mN. W.r. suganibl. far any Insesac. 1 4 39 0 Scum ...On 1)330 m�MlO.M� 92b Par 135 rr W er.am NNW HemYnn 14 m.w S..W. 0eee.31,3302 ..n- 9war11.3002 T • Memo • • To: Mayor and City Council /V From: Steve Russell, Community Development Director Date: January 30, 2003 Subject: Subdivision of a 19,484 Square Foot Lot into Two Lots of 9,742 Each Located in the RB, Duplex Residential District (Case No. SUB /03 -02) Background This application was heard before the Planning Commission at their meeting of January 13, 2003. An existing house is located on the site. The house will remain. City water and sewer service is available to the site. The new lot meets the size and dimension requirements for the district. The Planning Commission recommended approval of the request with conditions. Planning Commission Recommendation: Approval Attachments: Application, survey, CPC staff report and minutes of 1/13/03 • Discussion: The request is to subdivide an existing 19,484 square foot lot into two Tots of 9,742 square feet each. The proposed lot meets the lot size requirements for a single family lot in the RB District. The plans show the removal of an existing deck, garage and shed. Setbacks for the new lot are met. Recommendation: Approval 111 Findings: The proposed subdivision meets lot size requirements and use designation of the comprehensive plan and zoning. PLANNING APPLICATION REVIEW FORM CASE NO. SUB /03 -02 Planning Commission Date: January 13, 2003 Project Location: 1420 North Fourth Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Jennifer Cates Type of Application: Subdivision Project Description: Request to subdivide a 19,484 square foot lot into two lots of 9,742 square feet each. Attachments: Application and map CPC Action on 1/13/03: +8 -0 approval w /conditions Conditions of Approval: 1. Deck, shed and old garage shall be removed form the new lot. 2. Drainage and utility easements shall be provided as required by the City Engineer. 3. The existing and new residence shall be connected to city water and sewer services. • • CITY OF STILLWATER PLANNING COMMISSION JANUARY 13, 2003 Commissioner Gag called the meeting to order at 7:00 p.m. Present: Commissioners Gag, Middleton, Peroceshi, Ranum, Teske, Turniquist, Wald, and Council Representative Junker Late Arrivals: Chairperson Hultman (arrived at 7:45 p.m.) Others: Community Development Director Russell APPROVAL OF MINUTES Motion made by Commissioner Wald, seconded by Commissioner Ranum to approve the December 9, 2002 commission minutes. Motion carried unanimously. Case No. SUB /03 -02. A subdivision of Lots 1, 2, 3 and the east half of Lot 4, Block 1 Wilkin's Addition to Stillwater into two lots of 9,742 square feet located at 1420 North Fourth Street in the RB, Two Family Residential District. Jennifer Cates, 411 representing Cates Construction, applicant. Ms. Cates requested a subdivision of a 19,484 square foot lot into two lots of 9,742 square feet each. The proposed lot meets the lot size requirements for a single family lot in the RB District. The plan shows the removal of an existing deck, garage and shed. The setbacks for the new lot are met. The western lot will be built first. Henry Thomas, 410 4 Street had no objections to the project, he was just curious to find out what the plans were. Motion made by Commissioner Ranum, seconded by Commissioner Peroceshi to approve the subdivision of a 19,484 square foot lot into two lots of 9,742 square feet each located at 655 Second Street South. Motion passed unanimously. Case No. SUB /03 -01. A resubdivision of Lots 10 and 11, Blk 51 Churchill Nelson & Slaughters Addition to two lots of 7,500 square feet each located at 655 South Second Street in the RB, Two Family Residential District. Tom Brudos, applicant. The applicant was not present at the meeting. The Commission felt that the lot is not buildable due to the steep hill. • CITY OF STILLWATER PLANNING COMMISSION JANUARY 13, 2003 • • Dave and Karen Jones, 206 E. Locus Street, requested that the subdivision be denied because of the steep grade and the erosion that already exists. Ken Schmits, 660 S. Broadway requested that the subdivision be denied because he would lose privacy if a house would be built on the hill. OTHER ITEMS Update: Downtown Projects Expansion Area Traffic Study ADJOURNMENT Motion made by Commissioner Duke, seconded by Commissioner Ranum to adjourn the meeting at 8:05 p.m. Motion passed unanimously. Respectfully submitted, Bobbi Mortvedt Recording Secretary s • PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 *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 material 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) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay the application process. ,/ 1 c U PROPERTY IDENTIFICATION Address of Project / / O ` SE, Ch //lkJak(Assessor's Parcel No.l� a\ WAD 3t+ 0°D 1 Zoning District k 6 Description of Project_yr k • "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct.1 further certify I will comply wilt the permit if it is granted and used." Property Owner 441 /1 / r (life S Mailing Address City - State - Zip � z -ff /Yl,) 632)S' Z Telephone No. con- ' .39- Li Li Signature ignature;r(sJ required) Lot Size (dimensions)N . Land Area_�� Height of Buildings: Principal Accessory S? yo ,)-e ca th-e i t SITE AND x 1351 2tp ones Feet / H:`rncnamaralsheila\PLANAPP.FRM April 12, 2002 ACTION REQUESTED FEES _Special/Conditional Use Permit $50/200 Variance $70/200 Resubdivision $100 (-§rUbdivision) $100 +50 /lot _Comprehensive Plan Amendment* $500 Zoning Amendment* $300 _Planning Unit Development * $500 Certificate of Compliance $ 70 Representative J )en AI tom-( COle 5 Mailing Address e 614O f n. -ea_I cue.. n Cit - State - Zip S 1-1 Telephone No.1057 ' q 3`1 2 4 Signature -/U (Sign Case No: Date Filed: Fee Paid: Receipt No.: (GEO Code) ( , .2 re is required) PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area & square feet No. of off - street parking spaces • • December 9, 2002 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 To whom it may concern: 8740 Neal Ave. N Stillwater, MN 55082 651- 439 -2844 office 651- 430 -2922 fax The purpose of this letter is to request a lot division at 1420 Fourth Street North. The use of the lot would be to provide another city sized lot in Stillwater. Our goal is to build a moderate sized house that would fit nicely into the North hill neighborhood (please see the attached for a concept of what we would like to build on the new lot). Cates Construction receives a fair amount of calls from families looking for lots within the City of Stillwater. As the attached survey shows, the new lot (as well as the existing house and lot) is close to 10,000 square feet. It is my understanding a minimum lot size in this neighborhood is 7,500 square feet. Also, the attached shows city water running at the back of the lot, which makes for a easy hook up to the new home. In addition, we'd eventually remodel the existing home and add a garage. Thank you for considering my request. I can be reached at 651 -439 -2844 for any questions. Sincerely • • • • • fl siln*Plans Reverse Available • BELOW prices 8544-28E rivermont Bfst. 9 9 Den %1°x12 • OPTIONAL BEOROOA1 • COVERED PORCH Fam. Room 127 x15 40 . 4 . ufflgew wawa Mbr. is ii12 111-0 CBUNG edbi unfinished storage adds 471 sq.ft. Gar. 198 x22 main1344sq.ft. second561 sq.ft. tota11905sq.ft. 9' main level walls CERTIFICATE OF SURVEY FOR: CATES CONSTRUCTION AREA SUMMARY: TOTAL OF PARCEL = 19,484 SQ. FT. / 0.447 ACRES PARCEL A = 9,742 SQ.FT. / 0,224 ACRES PARCEL 13 = 9,742 SQ.FT. / 0.224 ACRES NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS._ BEARINGS SHOWN ARE ASSUMED. ELEVATIONS ARE ON ASSUMED DATUM. EXISTING LEGAL DESCRIPTION Lots 1, 2, 3 and the East Half of Lot 4, Block 1, WILKINS ADDITION TO STILLWATER, Washington County, Minnesota. (LEGAL DESCRIPTION PROVIDED BY CATES CONSTRUCTION) PROPOSED LEGAL DESCRIPTION PARCEL A Lots 1 and the east 30.87 feetztif Lot 2, Block 1, WILKINS ADDITION TO STILLItaTER, Washington County, Minnesota. PARCEL B Lot 3; that part of Lot 2 lying west of the east 30.87 feet thereof; and the East Half of Lot 4, Block 1, WILKINS ADDITION TO STILLWATER, Washington County, Minnesota. CERTIFICATION: I hereby certify that this survey, plan or or under my direct supervision and that Surveyor under the laws of thjxae of DANIEL L.4111:11t16 License. No. 25718 report was prepared by me I am a duly licensed Land Minnesota. \ ,-- REMOVE GARAGE kg; G 72.b2 4 1 PROPOSED rjo" \ LA. tr, X " -103.3 / GFE 2. / / •c ,•,/ / 77/ • • • " , 514 40.00 t•- 15' 0 ) L 0 CORNER PALLS ON-„ FENCE POST - NO i10NUMNT SET ate 11-6-02 REVISED 11 CONCRETE CURB & GUTTER • • WEST MOORE STREET N90°0000E o - t 72Y '.0 z5 /: < C5 40100 I PORCH \ CU GUTTER UJ = z PARCEL B U ,•, .1 1 in ...!/(/1 72.02 i •e _. 1_ --- \ ix .ai -q- , _ —01 ___-, \ x ..-- o -r i . -- / --' 72.02•14-3/4-,, -, ' - -ri';` , .--- -- • • i ) ' ,-,..,,. - • - - .,.,:•-,-- C.L. PENC A E FOUND 1/2" wooOxF-ENce IRON PPE I 04.05 MARKED I N90°00'00' R.L.S. (1232 103.0 4200 r /I 30.87 - 10 o c.)_0' ? I -{ PRO ci P c1 0 - S - E - D 8 -- 2ci.ti8 c"`" 11 GARAGE ii GFE=99.5 , ., , (pin' 24.00 rn p LI., 1 — 0 cc 9a „_ „PARCEL A L ‘\ c, c>> 's? 1 10"14EES /C P.., . I , EXISTING HOUSE I •4- (N; I i > -- & 1 __ _----- .' HO" UTLILIT -:-\ 0 (,) Act , - 1 EASEMENT I -- ' ■ ( I i \ CI I 41.00 PLAT , _..'4:% // j $721.02 02 LL OZ: / .., CY , 0 H D' Ce c2, \-- " 01 • Z C.) D ' ---.... o ..,„ 40 , tn- i , 0\ b, / . .... .- o , _ i " , , .. .,. 1 ...&.,• I --_, ,. •-- z , f 1 • /\q--'_•- 5AN--1)----• F-OUND /7' --iRoN PPE q 232 • PROJECT LOCATION: 1420 NORTH 4TH STREET STILLWATER, MN 55082 c I SCALE: 1 INCH = 20 FEET CATCH BASIN HYDRANT SIGN WATER VALVE UTILITY POLE LIGHT POLE TELE/ELEC BOX GAS VALVE OVERHEAD wiRe WELL MANHOLE CULVERT G CONCRETE DENOTES FOUND 1/2" IRON PIPE o DENOTES SET 1 /2" IRON PIPE PIPE MARKED RLS 25718 1902 South Greeley Street Suite #3 GWO Building Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dlt-csls@ mdeodusa .net CORNERSTONE LANID SURVEYING, INC • • • • • The City Council of the City of Stillwater does ordain: 1. DELETING. The Stillwater City Code, Section 53 -1. Sanitary landfill, is deleted in its entirety. 2. AMENDING. The Stillwater City Code, Section 30 -1, Removal, is amended by adding Section 30 -1. subd. 11(1), (2) and (3)to hereafter read as follows: "(1) All garbage and rubbish accumulated in areas of the city not subject to mandatory collection by the contractor authorized by the city for residential collection, must contract with a solid waste removal contractor licensed by or authorized by the County of Washington for removal and lawful disposal of garbage and rubbish. (2) If the City determines a health or safety hazard exists in the manner garbage and rubbish is stored on site and held for removal by a contractor, a solid waste plan must be provided to the city that controls or eliminates the condition. Once the plan is approved by the City, failure to abide by the plan is a violation of the City Code. No person shall deposit garbage or rubbish accumulated by a residence or business in the container of another or in a container maintained by the city for collection of litter from city streets or parks." (3) ORDINANCE NO. 933 AN ORDINANCE AMENDING CHAPTER 30 OF THE STILLWATER CITY ENTITLED GARBAGE AND RUBBISH AND DELETING CITY CODE §53.1, SANITARY LANDFILL 3. SAVING. In all other ways, the City Code remains in effect. 4. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 4th day of February, 2003. CITY OF STILLWATER Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk • • • DTM /nm MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • FAX: (651) 439 -5641 DAVID T. MAGNUSON MARGARET M. MURPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, City Attorney DATE: January 30, 2003 RE: Razing of Fire Damaged Building While we have a nuisance ordinance providing some relief, it is much better for the City to use what is known as the Dilapidated Building Act found at Minn. Stat. §463.15 — 463.261. Under this statute, the City Council may, upon a proper finding, order an owner to remove a structure. An order to that effect is issued to the owner and if it is not complied with, the City may then apply to the district court for enforcement. The owner is entitled to contest the order, and if the owner does, a trial is held as soon as possible at which the court upholds or dismisses the Order to Remove. If the order is not contested, the Court authorizes the City to proceed with the necessary removal. The cost of removal, when ordered by the Court, may be collected as a special assessment in a single installment. When removal occurs with the written consent of an owner, the special assessment may be spread over a five year period. The procedure is started by the City Council holding a hearing and providing notice to the owner and interested parties telling them what the issues are, who is making the decision, when and where, and what their rights are. The City must keep a record of these proceedings, which should include a detailed report by the building inspector. If the City Council deems it proper, they issue the order either to raze or repair. The order must provide a reasonable time to comply and if the action is not taken within that time, the City may apply to the district court for enforcement. If an answer is filed in the district court by the owner, the matter is put on for trial and the statute provides that the action has priority over all pending civil actions and "shall be tried forthwith." If no answer is filed, the City may request the district court to enter a Summary Enforcement Order allowing the City to proceed with the work and to assess the costs. If the City wishes to proceed on this, they should direct that a public hearing be held on February 18th and that staff should be directed to provide factual evidence for that hearing. Respectfully submitted, David T. 1? nuson • • • MEMORANDUM TO: Mayor and City Council FROM: Cindy Shills, Building Official DATE: January 30, 2003 SUBJECT: Consideration of Structure at 501 S. r Street for Condemnation On January 23, 2003 at 6:12 a.m. a fire consumed the residence at 501 S. r Street. The fire damage was extensive. The majority of the roof structure is completely burned through, and the floor assemblies throughout the house are either collapsed or near collapse. (See attached pictures) Once the ice from the attempts to extinguish the fire melts, the structure is at risk of collapse due to saturation of the structural components. A DO NOT ENTER sign was posted on Monday, January 24 when all personnel from the Building Department and Kim Kallestad, Fire Chief visited the site for evaluation. Since the house is structurally compromised, it is my opinion that the building is unsafe and hazardous and should be considered for the condemnation process. RECOMMENDATION: Set hearing to consider condemnation. • • s 1/28/03 REPORT FOR 501 S. 2 °a Street Present at site: Kim Kallestad, Fire Chief, John Buckley and John Nobles, Building Inspector, Cindy Shilts, Building Official Visited fire- damaged home at the above referenced address to assess damage for possible habitation of back room. After viewing portions of the home, the fire damage is so extensive that the roof rafters are either completed burned through or to the point to collapse. The majority of the floor structure on the second and first floors are the same condition. Where the floor is intact, there is evidence of sagging due to possible failure of floor structure. Once the ice from fire fighting efforts melts, the structure may be compromised further. A DO NOT ENTER SIGN was posted at 10:30 a.m. indicating extensive fire damage and no utilities such as gas, electric, water and sewer. In fact, the water is shut off at the main in the street. It is the opinion of the Building and Fire Departments that the building is an unsafe structure. .OHM BUILDING CODE Volume 1 SECTION 101 — TITLE, PURPOSE AND SCOPE 101.1 Title. These regulations shall be known as the Uniform Building Code, may be cited as such and will be referred to herein as "this code." 101.2 Purpose. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. 101.3 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. For additions, alterations, moving and maintenance of build- ings and structures, see Chapter 34. For temporary buildings and structures see Section 3103 and Appendix Chapter 31. Where, in any specific case, different sections of this code spec- ify different materials, methods of construction or other require- ments, the most restrictive shall govem. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. SECTION 102 — UNSAFE BUILDINGS OR STRUCTURES All buildings or structures regulated by this code that are structur- ally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire haz- ard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as un- safe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, reha- bilitation, demolition or removal in accordance with the proce- dures set forth in the Dangerous Buildings Code or such altemate procedures as may have been or as may be adopted by this jurisdic- tion. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, Chapter 1 ADMINISTRATION 101 104.2.4 may institute any other appropriate action to prevent, restrain, cor- rect or abate the violation. SECTION 103 — VIOLATIONS It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or struc- ture or cause or permit the same to be done in violation of this code. SECTION 104 — ORGANIZATION AND ENFORCEMENT 104.1 Creation of Enforcement Agency. There is hereby estab- lished in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. 104.2 Powers and Duties of Building Official. 104.2.1 General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such pur- poses, the building official shall have the powers of a law enforce- ment officer. The building official shall have the power to render interpreta- tions of this code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such inter- pretations, rules and regulations shall be in conformance with the intent and purpose of this code. 104.2.2 Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building of- ficial may appoint such number of technical officers and inspec- tors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforce- ment agency. 104.2.3 Right of entry. When it is necessary to make an inspec- tion to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists in a build- ing or upon a premises a condition that is contrary to or in violation of this code that makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or prem- ises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occu- pied that credentials be presented to the occupant and entry re- quested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.2.4 Stop orders. Whenever any work is being done con- trary to the provisions of this code, or other pertinent laws or ordi- nances implemented through the enforcement of this code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. 1 -1 U1Sirti Nb)--(i) 0--F- f.,t C4 • i5176 r4ND goo Zit) 0 1'1 &, feworvE , 1 467 ;Alfa X 477 /G S 3eL g...At,2 OF r'-(c v5 /VI4,' Ai II - 1004 / ' ;eve dgat January 31, 2003 Mr. Brad Castle 501 S. 2 Street Stillwater, MN 55082 Dear Mr. Castle: I am forwarding you a copy of reports regarding your fire damaged home at 501 S. 2nd Street. The Stillwater City Council will be reviewing the documents to consider setting a hearing date in regard to this matter. If you would like to attend the council meeting on February 4, 2003, at 7 :00 p.m., please feel free to do so. If you have any questions regarding the enclosed documentation, please contact me at 430 -8827. Sincerely, Cindy Shills Building Official cc: Mayor, City Council and staff Water. THE BIRTHPLACE OF MINNESOTA CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 4 • Memorandum To: Mayor and City Council From: Steve Russell, Community Development Director Date: January 31, 2003 Subject: Annual Review of Agreement with Valley Cruisers for Maintenance of Kolliner Park Background For the past several years, the City of Stillwater and Valley Cruisers have entered into an agreement that provides for Valley Cruiser's maintenance of Kolliner Park during summer months. In 2001, the Parks Board reviewed the agreement and park maintenance situation in detail and recommended continuing the arrangement with the Valley Cruisers subject several conditions and an annual review by the Parks Board. At their meeting of November 25, 2002, the Parks Board reviewed the 2002 season activity. They reviewed police reports and received an oral report by Mr. Gannon regarding park maintenance and recreation activities. Mr. Gannon said that because of the community concern for only Valley Cruisers use of Kolliner Park allowed other community groups to use the park including two weddings, bicycle club, daycare, Kayak Club and Amphian Club. The use of the park by select groups as determined by the Valley Cruisers was of concern to the Parks Board. Further discussion with the Parks Director indicated no use was allowed of Kolliner Park for special events was approved by the City. The Parks Board felt that no events other than Valley Cruisers maintenance of the Park should be allowed and that this should be made clear to Mr. Gannon and a condition of the agreement with the Valley Cruisers Recommendation: Continue agreement for maintenance of Kolliner Park with Valley Cruisers with the clarification that no other activities are allowed unless authorized specifically by the City Parks Board and/or City Council. Attachments: Contract and wharfage permit CONTRACT THIS AGREEMENT, made --��( � o�(7�p`� , 2002, between the CITY OF STILLWATER, a municipal corporation wit hn'i the aunty Washington, Washin on, State of Minnesota, mailing address of 216 North Fourth Street, Stillwater, Minnesota 55082, ( "City "), and VALLEY CRUISERS, INC. a Minnesota non —profit corporation ( "Contractor "). SECTION ONE SERVICES TO BE PROVIDED Contractor will provide the City of Stillwater park clean up services at Kolliner Park, St. Joseph Township, St. Croix County, Wisconsin. Contractor, its agents and employees are not authorized or deputized to enforce laws or ordinances in the Park and must contact law enforcement professionals to remedy any disturbance or mischief. SECTION TWO PLACE OF WORK AND INSURANCE The services will be rendered in person and in a house boat belonging to Contractor, when necessary. Contractor will at all times maintain insurance coverage on all persons, vehicles and watercraft used in the work. SECTION THREE TERM AND TERMINATION The term of this Contract will commence on ice out on the St. Croix River, and will continue until freeze up. Either party may terminate this Contract at any time and for any reason without any liability to the other. SECTION FOUR COMPENSATION No compensation will be paid by the City and in lieu thereof, Contractor may beach its houseboat with related tools and equipment needed for clean up operation on City property on the Wisconsin shoreline. SECTION FIVE QUALIFIED PERSONNEL Contractor promises that only authorized persons may be assigned to perform the work. SECTION SIX RELATIONSHIP BETWEEN PARTIES The Contractor or any agent or employee of the Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. • • • • • SECTION SEVEN WORK STANDARDS Contractor will control the conduct and means of performing the work and will perform all services required under this Contract in a manner consistent with generally accepted procedures and will maintain all permits required for the work under Minnesota, Wisconsin and Federal law. SECTION EIGHT INDEMNITY The Contractor will be responsible for any damages incurred in connection with services under this Contract. Contractor will not be liable for failure to provide or delays in providing services. The Contractor agrees that it will defend, indemnify and hold harmless the City from any liability, loss, damages or costs that are the fault of the Contractor and that grow out of the services. SECTION NINE TERMS TO BE EXCLUSIVE The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. SECTION TEN WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. SECTION ELEVEN NO ASSIGNMENT WITHOUT CONSENT Contractor will not assign this Contract nor any of the rights and duties hereunder without the prior written consent of the City. SECTION TWELVE GOVERNING LAW This Agreement is governed by the laws of the State of Minnesota. 2 IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. Dated: Dated: Dated: .__ ,2002 . 2002 3 CITY OF STILLWATER Diane F. Ward, City Clerk 2002 VALLEY CRUISERS, INC. By: t President Approved by City Council — Resolution No.ogGt2.2 --A°5 THIS PERMIT, made this NON — EXCLUSIVE WHARFAGE PERMIT VcCQ,e<1 es0% S13 fes f day of , 200_, by and between the City of Stillwater, a Minnesota municipal corporation ( "City ") and VALLEY CRUISERS, INC., ( "Permittee "). WITNESSETH, the City, in consideration of the following covenants, does hereby allow Permittee to temporary wharfage in Kolliner Park, St. Croix County, Wisconsin, south of the Interstate Bridge, on the St. Croix River. 1. Description of Vessel. A non — exclusive wharfage permit to: tie up or beach a blue and white houseboat — MN Reg. #MN3383GQ. 2. Description of Mooring Site: Kolliner Park, St. Croix County, Wisconsin, south of Interstate Bridge. • 3. Term. This permit will be for the following term: 2001 boating season. 4. Cancellation. The City reserves the right to cancel this Wharfage Permit at any time after 24 hours written notice of cancellation. 5. Fee. Fees are waived on the condition that the Permittee provide park clean up services to the City. 6. Utilities. Permittee is solely responsible for its own utility charges, including electricity, water, gas and garbage collection. 7. Non — Exclusive. Permittee may use the premises described in common with the public and other boat users and the permit will not grant any special use or favor to the Permittee beyond the rights of the public, except as specifically granted in the permit. 8. As Is. The City makes no warranty relative to the river and the Permittee takes • the same as is and assumes all risks incidental thereto. 9. Hold Harmless and Indemnity. Permittee will indemnify and hold harmless the City from any and all claims or causes of action or damage arising out of the Permittee's activities of the premises. 10. Insurance. Permittee must provide a certificate signed by a duly authorized officer of a company authorized to write insurance in the State of Minnesota that a Public Liability Insurance Policy has been issued and is in full force and effect with combined single limits of $1,000,000. The City must be named as an additional insured as its interest may appear, and the policy must provide that the City be given notice in the event of its cancellation. 11. Bridle Restrictions. The Permittee agrees that it will not cause the Highway 36 St. Croix River Bridge to be raised during the following times, unless special permission from the City is obtained: Weekdays — Between 3 PM and 6 PM Fridays — Between 2 PM and 9 PM Saturdays — Between 11:30 AM and 8:30 PM Sundays — Between 1:30 PM and 9:30 PM Memorial Day — Between 1:30 PM and 9:30 PM Independence Day — Between 1:30 PM and 9:30 PM Labor Day — Between 1:30 PM and 9:30 PM 12. Additional Requirements. The City reserves the right to impose additional restrictions upon the Permittee, if necessary, to protect the health, safety or welfare of the inhabitants of the City. IN TESTIMONY WHEREOF, both parties have hereunto set their hands and seals the day and year hereinbefore written. 2 - CITY OF STILLWATER • • • • STATE OF MINNESOTA COUNTY OF WASHINGTON On this flA.. day of authority of the City Council. personally known, who is the ) ss. , 200 ( , before me, a Notary Public, within and for said County and State, personally appeared Jay Kimble and Diane F. Ward, to me personally known to be the Mayor and the City Clerk of the City and that the instrument was signed by STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) 2k4-0a/eN /6tAh-0414r1" On this day of , 200 , before me, a Notary Public, within and for said County and State, personally appeared , to me Permittee, and that the instrument was signed by authority of its Board of Directors. - 3 - PERMITTEE VALLEY CRUISERS, INC. By Its Its City Clerk Notary . SUSAN L. O'BRIEN -MOORE NOTARY PUBLIC My Commission Expires 1 -31 -2005 • Notary Public of VALLEY CRUISERS, INC., the • • 0 /nm MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE 4202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651)439 -9464 • FAX: (651) 439 -5641 DAVID T. MAGNUSON MARGARET M. MURPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, City Attorney DATE: January 30, 2003 RE: Mutual Aid Fire Service Agreements — Wisconsin Communities Enclosed are the Fire Services Agreements with the Towns of St. Joe and Somerset, Wisconsin, and the City of Hudson, Wisconsin. It has taken a great deal of effort to arrive at something that satisfies the Wisconsin lawyer representing St. Joe and Hudson, and also Ellen Longfellow of the League of Minnesota Cities Insurance Trust. The difficulty with these agreements is the wide difference in tort limits and insurance coverage between Minnesota and Wisconsin. The tort limit in Minnesota is $300,000 per person and $1,000,000 per occurrence. The Wisconsin tort limit and coverage for Wisconsin cities is $50,000. The contract provides that if necessary, and a Minnesota court would not recognize Wisconsin law, our coverage would protect the Wisconsin community against the gap. This form of agreement has been approved by Ms. Longfellow provided that the agreement is approved by the City Council as a public safety measure. Let me know if you have questions or concerns. ST. CROIX VALLEY FIRE SERVICE AGREEMENT 1. Definitions. INCLUSIVE OF: CITY OF STILLWATER, AND ST. JOSEPH TOWNSHIP THIS AGREEMENT is made pursuant to Minnesota Statutes and Wisconsin Statutes which authorize the joint and cooperative exercise of powers common to contracting parties in other states. The intent of this Agreement is to make fire service equipment, personnel and other related resources available to political subdivisions from other political subdivisions. a. "Party" means a political subdivision. b. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. c. "Requesting Party" means a party that requests assistance from other parties. d. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. e. "Responding Party" means a party that provides assistance to a Requesting Party. f. "Assistance" means fire and/or emergency medical services personnel and equipment. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 3. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct a party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. 4. Recall of Assistance. The Responding Official may at any time recall the assistance when in their best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. • • • • • Command of Scene. The Requesting Party will be in command of the mutual aid scene. The personnel and equipment of the Responding Party will be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 6. Workers' Compensation. Each party is responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 7. Damage to Equipment. Each party is responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 8. Liability. Personnel acting under this Agreement may not be considered, for liability purposes, as an employee or agent of the other state or a political subdivision of the other state for their actions, regardless of the supervision or control of the person's actions while within the other state. All personnel will be considered as continuing to be employees of the employing agency in the person's home state. Except as provided below, any person acting under this Agreement must continue to be covered by their employing agency for purposes of civil liability purposes in their home state. Any personnel acting within the other state under this Agreement is considered while so acting to be in the ordinary course of their employment within their home state and to be protected by any statutory immunity from liability and limits of liability enjoyed in their home state.. In addition to home state immunity from liability or immunity from limits of liability, any personnel acting under this Agreement in the other state are also entitled to any immunity from liability or limit on liability to the same extent as a person of the other state. If however, a claim is made in Minnesota for an occurrence in Minnesota against a Wisconsin party, Stillwater agrees to defend and indemnify the Wisconsin party for claims that exceed the Wisconsin parties' statutory limits of liability, subject to the limitations on municipal tort liability enjoyed by Stillwater, and to the extent of Stillwater's liability insurance coverage. 9. Charges to the Requesting Party. a. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will 2 submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. b. Any charges are not contingent upon the availability of federal or state government funds. 10. Duration. This Agreement will be in force for a period of three (3) years from the date of execution. Any party may withdraw from this Agreement upon thirty (30) days written notice to the other party or parties to the Agreement. 11. Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Each party to this Agreement shall maintain an executed copy of this Agreement. IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation has executed this agreement pursuant to authorization by the City Council of the City of Hudson, or the governing body of the Fire Department, Inc. on this date of January 1, 2003. CITY OF STILLWATER STILLWATER FIRE DEPARTMENT Jay L. Kimble, its Mayor Kim Kallestad, its Fire Chief Diane F. Ward, its City Clerk , its Secretary -3 • • • ST. JOSEPH TOWNSHIP ST. JOSEPH TOWNSHIP FIRE DEPARTMENT • • , its Mayor , its Manager or Clerk -4 , its Fire Chief , its Secretary 1. Definitions. ST. CROIX VALLEY FIRE SERVICE AGREEMENT INCLUSIVE OF: CITY OF STILLWATER, AND SOMERSET TOWNSHIP THIS AGREEMENT is made pursuant to Minnesota Statutes and Wisconsin Statutes which authorize the joint and cooperative exercise of powers common to contracting parties in other states. The intent of this Agreement is to make fire service equipment, personnel and other related resources available to political subdivisions from other political subdivisions. a. "Party" means a political subdivision. b. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. c. "Requesting Party" means a party that requests assistance from other parties. d. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. e. "Responding Party" means a party that provides assistance to a Requesting Party. f. "Assistance" means fire and/or emergency medical services personnel and equipment. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 3. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct a party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. 4. Recall of Assistance. The Responding Official may at any time recall the assistance when in their best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. • • • • 5. Command of Scene. The Requesting Party will be in command of the mutual aid scene. The personnel and equipment of the Responding Party will be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. • • 6. Workers' Compensation. Each party is responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 7. Damage to Equipment. Each party is responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 8. Liability. Personnel acting under this Agreement may not be considered, for liability purposes, as an employee or agent of the other state or a political subdivision of the other state for their actions, regardless of the supervision or control of the person's actions while within the other state. All personnel will be considered as continuing to be employees of the employing agency in the person's home state. Except as provided below, any person acting under this Agreement must continue to be covered by their employing agency for purposes of civil liability purposes in their home state. Any personnel acting within the other state under this Agreement is considered while so acting to be in the ordinary course of their employment within their home state and to be protected by any statutory immunity from liability and limits of liability enjoyed in their home state.. In addition to home state immunity from liability or immunity from limits of liability, any personnel acting under this Agreement in the other state are also entitled to any immunity from liability or limit on liability to the same extent as a person of the other state. If however, a claim is made in Minnesota for an occurrence in Minnesota against a Wisconsin party, Stillwater agrees to defend and indemnify the Wisconsin party for claims that exceed the Wisconsin parties' statutory limits of liability, subject to the limitations on municipal tort liability enjoyed by Stillwater, and to the extent of Stillwater's liability insurance coverage. 9. Charges to the Requesting Party. a. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will -2 submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. b. Any charges are not contingent upon the availability of federal or state government funds. 10. Duration. This Agreement will be in force for a period of three (3) years from the date of execution. Any party may withdraw from this Agreement upon thirty (30) days written notice to the other party or parties to the Agreement. 11. Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Each party to this Agreement shall maintain an executed copy of this Agreement. IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation has executed this agreement pursuant to authorization by the City Council of the City of Hudson, or the governing body of the Fire Department, Inc. on this date of January 1, 2003. CITY OF STILLWATER STILLWATER FIRE DEPARTMENT Jay L. Kimble, its Mayor Kim Kallestad, its Fire Chief Diane F. Ward, its City Clerk . its Secretary SOMERSET TOWNSHIP SOMERSET TOWNSHIP FIRE DEPARTMENT . its Mayor its Manager or Clerk 3 . its Fire Chief , its Secretary • • • • • • 1. Definitions. ST. CROIX VALLEY FIRE SERVICE AGREEMENT INCLUSIVE OF: CITY OF STILLWATER, AND CITY OF HUDSON THIS AGREEMENT is made pursuant to Minnesota Statutes and Wisconsin Statutes which authorize the joint and cooperative exercise of powers common to contracting parties in other states. The intent of this Agreement is to make fire service equipment, personnel and other related resources available to political subdivisions from other political subdivisions. a. "Party" means a political subdivision. b. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. c. "Requesting Party" means a party that requests assistance from other parties. d. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. e. "Responding Party" means a party that provides assistance to a Requesting Party. f. "Assistance" means fire and/or emergency medical services personnel and equipment. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 3. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct a party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. 4. Recall of Assistance. The Responding Official may at any time recall the assistance when in their best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. 5. Command of Scene. The Requesting Party will be in command of the mutual aid scene. The personnel and equipment of the Responding Party will be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 6. Workers' Compensation. Each party is responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 7. Damage to Equipment. Each party is responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 8. Liability. Personnel acting under this Agreement may not be considered, for liability purposes, as an employee or agent of the other state or a political subdivision of the other state for their actions, regardless of the supervision or control of the person's actions while within the other state. All personnel will be considered as continuing to be employees of the employing agency in the person's home state. Except as provided below, any person acting under this Agreement must continue to be covered by their employing agency for purposes of civil liability purposes in their home state. Any personnel acting within the other state under this Agreement is considered while so acting to be in the ordinary course of their employment within their home state and to be protected by any statutory immunity from liability and limits of liability enjoyed in their home state.. In addition to home state immunity from liability or immunity from limits of liability, any personnel acting under this Agreement in the other state are also entitled to any immunity from liability or limit on liability to the same extent as a person of the other state. If however, a claim is made in Minnesota for an occurrence in Minnesota against a Wisconsin party, Stillwater agrees to defend and indemnify the Wisconsin party for claims that exceed the Wisconsin parties' statutory limits of liability, subject to the limitations on municipal tort liability enjoyed by Stillwater, and to the extent of Stillwater's liability insurance coverage. 9. Charges to the Requesting Party. a. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will - 2 • • • • • • submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. b. Any charges are not contingent upon the availability of federal or state government funds. 10. Duration. This Agreement will be in force for a period of three (3) years from the date of execution. Any party may withdraw from this Agreement upon thirty (30) days written notice to the other party or parties to the Agreement. 11. Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Each party to this Agreement shall maintain an executed copy of this Agreement. IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation has executed this agreement pursuant to authorization by the City Council of the City of Hudson, or the governing body of the Fire Department, Inc. on this date of January 1, 2003. CITY OF STILLWATER STILLWATER FIRE DEPARTMENT Jay L. Kimble, its Mayor Kim Kallestad, its Fire Chief Diane F. Ward, its City Clerk , its Secretary CITY OF HUDSON HUDSON FIRE DEPARTMENT , its Mayor . its Fire Chief , its Manager or Clerk . its Secretary - 3 Memo • • To: Mayor and City Council From: Steve Russell, Community Development Director ,...... Date: January 29, 2003 Subject: Request to Combine Two Lots into One The City has received a request from Contractor Property to combine two lots, Lots 13 and 14, Liberty N Addition (see map) into one lot. One house would then be constructed on the one lot. The house would require design reveiw to meet project design guidelines. Recommendation: Approval Attachments: Request for resubdivision £0 ' d 14101 f 4:•74 .. y.� •1 • £0/20'd 92.S0 ti1.6 219 �.� / \ /. • 1 A • • XId9 £0 :9t 'y G' ��►. `O; \ O W 1 .. 20'5 cti g I • • :1., 0.. M 2 ©.5 pp w 1.17."—t* few \Z ` \ \ tr / '1... \�� �/ \ // c 01 ° 03'25" E 14374 co • 1£',SSoZO N • \ \ 4> 4 — •6o .. . 20/30'd 7 co 1 " Ia �I R1 IN w 1 f J 20.5 20.5 \� 1 y . co c o\ 9LS0 tL6 Zt9 1 1 1 ~1 '* I Z1 1 ... -/ ,. lot \ aP/ 9 D Ol t t �', / / 1F' � •5 ; 51 ���.?� 020.5 20.5 6 r► � 4\ i / 'q'q. / N / / / -J 65. 65. 50.00 r N 00 ° 15'37" W 140.99 / 1' k • iY 1 ti a t. a v, NOO °1537 "W ! • 0-7 -4 of 46.73 tiI L0� xidd q I .00' / ^0�' / \ / \ � \ \—a19 / � N - - - 46.73 ' '' / /,q'q y " 15 15 1 — — p \ 1 w o 1 1 �� N t °j 1 ��y 1 1 K. N ° 1 � n. . Z0 :9T £002- 6Z -Ntif \ � 4P \, • / / li` \ % w\° 0 Ai op 20.5 r _ _. ...; p I pN CtI o � W 45 I IX IA r' 4 20.5 712 ONT RA( TOR ROPE _-T ! Creating Neighborhoods of Merit January 28, 2003 Mr. Steve Russell City of Stillwater 216 — 4 St. Stillwater, MN 55082 Re: Lot Combination —Lots 13 & 14, Bk 1, Liberty on the Lake 4th Addition Dear Mr. Russell Enclosed for your review and approval is a deed prepared by Dave Magnuson to combine Lots 13 & 14, Bk 1 Liberty on the Lake 4 into one parcel. We have a customer wishing to purchase the two lots and build one home site on the two lots. According to Mr. Magnuson you wish to have the City Council approve the combination at the February 4th City Council meeting. Please process this request accordingly and let me know if you need anything else. As mentioned we are trying to close on these lots so your immediate attention in this matter would be appreciated. Sincerely David Hempel Cc Angie Bellanger Encls. Quit Claim Deed • • • CPDC Corporate Offices: The Quadrant Building - 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428 phone: (763)971 -0477 - fax: (763)971 -0576 - email: cpdc@schererbros.com • • • JAN -29 -2003 16:02 CPDC CONTRACTOR PROPERTY DEVELOPERS COMPANY TO: Steve Russell COMPANY: CITY OF STILLWATER FAX NUMBER: 651- 430 -8810 PHONE NUMSIi&: RE: LOT COMBINATION LIBERTY 4TH URGENT X FOR REVIEW PLEASE COMMENT 13 PLEASE REPLY ❑ PLEASE RECYCLE NOTES /COMMEN'T'S: Steve, attached is a copy of the preliminary plat for the 4s' addition which shows one lot (lot 13) and a copy of the anal plat which shows the two lots created from Lot 13. I spoke to Shelly Tompkins about this and she indicated that at the 12th hour before final platting we requested to split the lot to allow for McDonald Home to build a two family single dwelling on the two lots 13 & 14 which as you know never materialized. We now have a customer that desires to build a one family dwelling as originally proposed with the preliminary plat Therefore, the street scape /open area will technically be no different than originally preliminary platted. I hope this addresses your concerns. If you have questions please feel ftee to call 612- 240 -7822. Thank you1 Cc Libexty Land Office 3.PACSIMILE TRANSMITTAL SHEET b'RUM: David Hetnpel DATE: January 29, 2003 TOTAL NO.OIT PAGES INCLUDING COVER: 3 SENDER'S PHONE NUMBER: 763 - 971 -0477 ext. 202 SENDER'S FAX NUMBER; 763 - 971 -0576 612 971 0576 P.01/03 THR QUADRANT BUILDINti, 7100 NORTHLAND CIRCLE, SUITE *108, MINNEAPOLIS, MN 53428 DEED TAX DUE HEREON: $ Date: , 2003 STATE OF MINNESOTA COUNTY OF WASHINGTON THIS INSTRUMENT WAS DRAFTED BY: David T. Magnuson ( #66400) Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 651/439 -9464 QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, Contractor Property Developers Company, a Minnesota corporation, Grantor, hereby conveys and quitclaims to Contractor Property Developers Company, a Minnesota corporation, Grantee, real property in Washington County, State of Minnesota, described as follows: Lots 13 and 14, Block 1, Liberty On the Lake, 4th Addition Subject to a covenant that is hereby declared by the Grantors in favor of the City of Stillwater, Washington County, Minnesota that: 1. The property described in this instrument is declared to be one parcel for the purpose of transfer of ownership and building development. 2. Any subdivision of the "one parcel" will require the approval of the City of Stillwater. together with all hereditaments and appurtenances belonging thereto. The seller knows of no wells on the property. Consideration is less than $500. ) ss. r tix.__c • a SIGNA ': F PERSON TAKING A OWLEDGMENT CONTRACTOR PROPERTY DEVELOPERS COMPANY NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) l/ HomerkI. Tompkins, III, President The foregoing was acknowledged before me this day of ,)ANURY , 2003 by Horner H. Tompkins, III, President of Contractor Property Developers Company, Grantor. ANGELA KAY BELLANGER +OTNry PUBIC • MINNESOTA MY COMMISSION EXPIRES JANUARY 31, 2005 Tax Statements for the real property described in this instrument should be sent to: • Memo To: Mayor and City Council From: Steve Russell, Community Development Director Date: January 30, 2003 Subject: Request DNR for Participation in Fishing in Neighborhood Program Background The Parks Board heard a presentation describing the Fishing in Neighborhood Program at their meeting of January 27, 2003. Basically, participation in the program provides annual lake or pond fish stocking of sunfish or crappies for neighborhood fishing. Minimum on shore improvements, i.e., stepping stones are provided for City installation. Some minimum parks maintenance would be required. • Two lakes, McKusick and Northland Lake (the lake to the west of Northland Park) were discussed for the program. Based on the information presented, the Parks Board recommended consideration of Northland Lake (DNR owned) and McKusick Lake for the Neighborhood Fishing Program. After the City makes the request, the DNR will determine if the sites qualify for the program. Recommendation: Request DNR consideration for participation in the Fishing in Neighborhood Program for Northland Lake and McKusick Lake. Helping Minnesotans enjoy the great outdoors FIN enhances angling oppo W ith more than 2 million anglers in Minnesota, it's clear that fishing is one of our state's most popular pasttimes. And with more than half the state's population concentrated in the seven - county metro re- gion, it's no surprise there's a growing de- mand for places to wet a line in Twin Cities waters. That's part of the reason the Minnesota DNR has launched Fishing In the Neighbor- hood (FIN), a new effort to expand and en- hance metro angling opportunities. Neighborhood partnerships • While the Twin Cities already has some of the best urban angling in the country, many area residents don't have access to these great fishing waters. Only one in six Minnesotans owns a boat, and many smaller lakes and ponds either lack shorefishing facilities, or they're simply not managed for fish. By making an inventory of smaller bodies of water with potential for fisheries manage- ment, FIN can identify added shorefishing opportunities. By teaming up with local interests such as city and county parks departments, lake asso- ciations and schools, FIN hopes to develop partnerships that will foster improved access, habitat restoration and community steward- ship. The end result: Better fishing closer to where people live. Rick Walsh DNR East Metro Fisheries 651 -772 -7949 rtunities for metro residents For more information on FIN contact: Fishing for future anglers FIN, however, isn't just about more people catching more fish. In a funda- mental way it's about the future of fishing itself. • As the popula- tion of Minnesota becomes increas- ingly concen- trated in the seven - county metro region, a growing percentage of people may lack a basic understanding and appreciation of our natural environment. FIN aims to address that situation by getting more people -- kids, seniors, underserved populations -- involved in the pleasures of angling, and helping them understand that good fishing depends on good stewardship. FISHING IN THE NEIGHBORHOOD A lasting payoff Give a person a fish and you've fed her for a day. Teach that person and her children to fish -- and to care for the land, air and water that sustain the fish -- you've given them a lifelong interest that will provide a broad range of social, economic and environmental benefits. In a nutshell, that's FIN's aim. Mark Nemeth DNR West Metro Fisheries 952 - 826 -6764 • • • Fishing In the Neighborhood • • Q: A: Q: Q uestions & Answers What is Fishing In the Neighborhood (FIN)? Q: Fishing In the Neighborhood (FIN) is a new DNR program aimed at increasing angling opportunities, public awareness and environ- mental stewardship within the seven - county A: metro region. How did the program come about? A: DNR Fisheries staff have had a proactive urban fisheries program for many years. As the state's population has become increasingly urbanized, though, it's be- come evident that there is a growing need for easily accessible fishing opportuni- ties close to where people live. Recognizing this need, the 2000 Minnesota legisla- ture provided funding for an expanded urban fishing program, which has evolved into FIN. Q: A: How will it work? FIN will build on existing urban fisheries management activities such as stocking, aeration and enhancement of shore - fishing and pier - fishing opportunities. By inventory- ing smaller water bodies, the program will be able to prioritize further opportunities for such activities. And by reaching out to a wider variety of interests, such as local parks depart- ments, lake associations and schools, FIN will promote a greater awareness of aquatic habitat needs and the importance of good steward ship. A: Why is the DNR putting extra resources into urban fisheries rather than some of the higher quality fisheries in greater Min- nesota? The DNR continues to proactively manage fisheries throughout Minnesota. But as more of the state's people become concentrated in the seven - county metro region it's important to recognize that an increasingly urbanized population may not have the same strong connection to the outdoors as previous generations have had. If we want to assure a future constituency of people com- mitted to maintaining our outdoor heritage -- and the healthy natural resources that support it -- we need to become more active in reaching out to this urban popula- tion. In addition, part of the DNR's mission is to provide quality recre- ational opportunities for all Minne- sotans, including that half that lives in the metro region. Q: How will FIN benefit the people of Minnesota? By getting more people involved in angling, FIN will assure that this family- oriented activity continues to be one of Minnesota's most popular pastimes. By helping a wider cross- section of people understand how our natural world works, the program will en- courage environmental stewardship, assuring healthier habitats for fish and wildlife -- as well as humans -- for generations to come. • THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SuirE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • TELECOPIER: (651) 439 -5641 DAVID T. MAGNUSON MARGARET M. MURPHY TO: Larry D. Hansen CC: Mary Ipple Dave MacGillivray /nm MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN MEMORANDUM FROM: David T. Magnuson DATE: January 31, 2003 RE: Historical Society Land Purchase Transaction In connection with the land purchase closing on Thursday, February 6, 2003, I enclose the following: 1. 3 copies of the Bond Resolution to be adopted February 4th. The Clerk should insert the names of the appropriate councilmembers at the top of page 1; and on page 4 the voting information should be completed and the Mayor and Clerk should sign. We will need a certified copy of the resolution for closing and I enclose a certificate form for that purpose. 2. 3 copies of the County Auditor's certificate as to registration and tax levy. A copy of the Bond Resolution should be delivered to the Auditor, and the Auditor should complete this certificate. 3. 3 copies of an Officers' Closing Certificate to be signed by the Mayor and Clerk. 4. 3 copies of a Form 8038 —G to be signed by the City Clerk. 5. The original bond to be signed by the Mayor and Clerk to be delivered to the sellers. 6. 3 copies of our executed legal opinion to be districted to the sellers at closing. I think this should complete the bonding end of the transaction but let me know if you need anything else Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $200,000 GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2003HS BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as follows: SECTION 1. AUTHORIZATION 1.01. Authorization. This Council hereby determines that it is in the best interest of the City to issue its General Obligation Capital Outlay Bond, Series 2003HS (the Bond), in the aggregate principal amount of $200,000, to the parties identified in Exhibit A hereto, pursuant to the terms of and in payment for the property described in that certain Purchase Agreement, dated November 12, 2002 (the Purchase Agreement), between the City and the Seller (as defined therein). The property to be acquired by the City (the Property) is adjacent to the existing Public Works Facility developed by the City and will be used by the City for future expansion of the Public Works Facility or for other authorized municipal purposes. The City is authorized to issue the Bond pursuant to the provisions of Minnesota Statutes, Chapter 475 and Article X of the Charter of the City. 1.02 Sale. The fair market value of the Property to be acquired by the City is not less than the principal amount of the Bond. A public sale of the Bond is not required since, pursuant to Section 475.60, subdivision 2(2), the City has not privately placed obligations (including the Bond) within the last 12 months in an amount exceeding $1,200,000. SECTION 2. BOND TERMS: REGISTRATION: EXECUTION AND DELIVERY 2.01 Issuance of Bond. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bond having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bond, to provide security therefor and to issue the Bond forthwith. 2.02 Bond Terms. The Bond shall be originally dated as of February 4, 2003, shall be issued as one Bond numbered R -1 in the form attached hereto as Exhibit A, shall be payable in installments of principal on July 1 in the years and amounts as set forth in the Bond, and shall bear interest from date of issue until paid at the annual rate of 3.00% per annum, payable annually with principal on July 1 in each of said years. Interest shall be computed on the basis of a 365 day year. 2.03 Registered Form. The Bond shall be issuable only in fully registered form. The City may treat the person or entity in whose name the Bond is at any time registered as the • • • • • • absolute owner of the Bond for the purpose of receiving payment of the principal of and interest on the Bond and for all other purposes, and all payments made to or upon the order of such registered owner shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 2.04 Paving Agent. The Finance Officer of the City shall act as paying agent for the Bond, and the interest thereon and the principal amount thereof shall be payable by check or draft issued by the Finance Director of the City. 2.05 Redemption. The Bond shall not be subject to redemption and prepayment prior to their stated principal payment dates, except with the prior consent of the Bondholder. 2.06 Execution, Authentication and Delivery. The Bond shall be prepared under the direction of the Clerk and shall be executed on behalf of the City by the facsimilie signature of the Mayor and the manual signature of the City Clerk. When the Bond has been prepared and executed, the Finance Director shall deliver them to the Holder identified in the forms attached as Exhibit a, in exchange for a warranty deed to the Property and satisfaction of the other terms of the Purchase Agreement. SECTION 3. GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 200311S BOND FUND. So long as any of the Bond is outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate debt service fund on the official bond and records of the City to be known as the General Obligation Capital Outlay Bond, Series 2003HS Bond Fund (the Bond Fund), and the principal of and the interest on the Bond shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund all taxes levied and collected in accordance with this Resolution and all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on the Bond payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 4. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal and interest on the Bond as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bond, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in the following years and amounts: Levy Years Collection Years I Amount 2003 2004 $34,003 2004 2005 36,855 2005 2006 35,910 -2 Levy Years Collection Years Amount 2006 2007 34,965 2007 2008 34,020 2008 2009 33,075 2009 2010 21,630 The taxes shall be irrepealable as long as the Bond is outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 5. TAX COVENANTS; ARBITRAGE MATTERS: REIMBURSEMENT AND CONTINUING DISCLOSURE. 5.01. General Tax Covenant. The City agrees with the registered owner of the Bond that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Bond to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers to ensure that the interest on the Bond will not become includable in gross income of the recipient under the Code and the Regulations. In particular, the City covenants and agrees that the Property acquired pursuant to the issuance of the bond shall at all times, while the Bond is outstanding, be owned by the City and used only for the City's general governmental purposes. The City shall not enter into any lease, use or other agreement with any non — governmental person relating to the use of the Property or security for the payment of the Bond which might cause the Bond to be considered "private activity bond" or "private loan bond" pursuant to Section 141 of the Code. 5.02. Arbitrage Rebate. The City acknowledges that the Bond is subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bond from gross income for federal income tax purposes, unless the Bond qualifies for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148 -7 of the Regulations and no "gross proceeds" of the Bond (other than amounts constituting a "bona fide debt service fund ") arise during or after the expenditure of the original proceeds thereof. 5.03 Qualified Tax — Exemnt Obligations. The City Council hereby designates the Bond as "qualified tax — exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax — exampt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 20003 does not exceed $10,000,000. 5.04 Continuing Disclosure. The Securities and Exchange Commission (the SEC) has promulgated certain amendments to Rule 15c2 -12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c -12) (the Rule) that make it unlawful for an underwriter to participate in the 3 • • • • • • primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the Bond, it has reasonably determined that the City or an obligated person has undertaken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. The principal amount of the Bond being issued is less than $1,000,000. The City hereby represents that it has not issued within the six months before the date of issuance of the Bond, and that it reasonably expects that it will not issue within six months after the date of issuance of the Bond, other securities of the City of substantially the same security and providing financing for the same general purpose or purposes as the Bond. Consequently, this Council hereby finds that the Rule is inapplicable to the Bond, because the aggregate principal amount of the Bond and any other securities required to be integrated with the Bond thereunder is less than $1,000,000. Therefore the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bond. Upon vote being taken thereon, the following voted in favor thereof: And the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted this 4th day of February, 2003. ATTEST: Diane Ward, City Clerk APPROVED: 4 Jay L. Kimble, Mayor CERTIFICATION OF MINUTES RELATING TO $200,000 GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2003HS Issuer: City of Stillwater, Minnesota Governing Body: City Council Kind, Date, Time and Place of Meeting: A regular meeting held February 4, 2003, at o'clock p.m., at the City Hall, Stillwater, Minnesota. Mayor Kimble, Councilmembers Junker, Kriesel, Vigor Milbrant Members Present: and Rhienberger. Members Absent: None Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $200,000 GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2003HS I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bond referred to in the title of this Certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bond; and that said meeting was duly held by the governing body at the time and place and we attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 4th day of February, 2003. Diane F. Ward, City Clerk • • • • • • $3,450,000 General Obligation Tax Increment Refunding Bonds, Series 2003B Presented to: Recommendations For City of Stillwater, Minnesota $1,345,000 General Obligation Capital Outlay Bonds, Series 2003A Mayor Jay Kimble Members, City Council Mr. Larry Hansen, City Coordinator / Treasurer Ms. Sharon Harrison, Assistant Finance Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Study No.: S0784P4Q4 SPRINGSTED Incorporated January 31, 2003 SPRINGSTED Advisors to the Public Sector • • RECOMMENDATIONS Re: Recommendations for the Issuance of: $1,345,000 General Obligation Capital Outlay Bonds, Series 2003A (the "Series 2003A Bonds ") $3,450,000 General Obligation Tax Increment Refunding Bonds, Series 2003B (the "Series 2003B Bonds ") (Together referred to as the "Issues" or the "Bonds ") We recommend the following for the Bonds: 1. Action Requested 2. Sale Date and Time 3. Authority for the Bond Issues 4. Principal Amount of the Offerings • The Series 2003B Bonds $3,450,000 5. Repayment Terms 6. Prepayment Provisions To establish the date and time of receiving bids and establish the terms and conditions of the offering. Tuesday, March 4, 2003 at 10:00 A.M. with award by the City Council at 7:00 P.M. the same day. The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and the City Charter. In addition the Series 2003B Bonds are being issued pursuant to Minnesota Statutes, Chapter 469. The Series 2003A Bonds - $1,345,000 Included in the attached Terms of Proposal is a provision that permits the City to increase or reduce the principal amount of the Series 2003B Bonds in any of the maturities. This will allow for any necessary adjustments based on final costs. The Series 2003A Bonds will mature annually each February 1, 2004 through 2011. Interest on the Series 2003A Bonds will be payable February 1 and August 1, commencing February 1, 2004. The Series 2003B Bonds will mature annually each February 1, 2004 through 2013. Interest on the Series 2003B Bonds will be payable February 1 and August 1, commencing August 1, 2003. The Series 2003A Bonds — Due to their short maturity, the Series 2003A Bonds will not be callable prior to their stated maturity dates. The Series 2003B Bonds - The City may elect on February 1, 2011, and on any day thereafter, to prepay the Series 2003B Bonds due on or after February 1, 2012 at a price of par plus accrued interest. City of Stillwater, Minnesota January 31, 2003 7. Credit Rating Comments 8. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification (b) Rebate Requirements Moody's Investors Service currently rates the City's general obligation debt "Al". An application will be made for these Issues to ensure continuation of the Moody's rating. Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified typically receive slightly lower interest rates than issues that are not bank qualified. The City expects to issue Tess than $10 million tax - exempt bonds during 2003. Therefore, these Issues are designated as bank qualified. All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. The Series 2003A Bonds — The proceeds of the Series 2003A Bonds are being used for capital improvement projects that may qualify for either the six -month or the eighteen - month expenditure exception to rebate. The eighteen -month expenditure exception requires a certain percentage of the proceeds be spent at six -month intervals. For purposes of determining if the proceeds are spent at each six -month test, the City may use estimated interest earnings for each six -month spending date (unless the City elects to use actual interest earnings for each test) other than the final six -month test which must include the actual interest earnings. If all of the proceeds are expended during one of those exemption periods, the issuer is exempt from rebate and may retain the excess earnings. It is our understanding that the City expects to meet the eighteen -month expenditure exception to rebate. The City Page 2 City of Stillwater, Minnesota January 31, 2003 (c) Bona Fide Debt Service Fund (d) Economic Life (e) Federal Reimbursement Regulations should be aware that this test is an "actual" test, not one of "reasonable expectations" and the City will need to determine if the spend down was met or if rebate may be required. The Series 2003B Bonds — The proceeds of the Series 2003B Bonds will be expended within 90 days of closing. Therefore, the Series 2003B Bonds will meet the six -month expenditure exception to rebate. The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and /or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund for the preceding bond year or 1/12 the debt service for the preceding bond year. The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The Series 2003A Bonds — The projects being financed with the Series 2003A Bonds range in economic life from 2 to 25 years; 81 % of the Bonds will be used to finance projects that have a useful life of at least 10 years. The average life of the Series 2003A Bonds is 4.465 years; therefore, the Series 2003A Bonds are within the economic life requirements. The Series 2003B Bonds — The economic life of the public improvements projects originally financed by the Series 1994C Bonds is at least 20 years. Therefore, the Series 2003B Bonds are within the economic life requirements. Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever Page 3 • City of Stillwater, Minnesota January 31, 2003 9. Continuing Disclosure 10. Attachments actions are necessary to comply with the federal reimbursement regulations in regards to the Series 2003A Bonds. These Issues are subject to the SEC's continuing disclosure requirements. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. The City prepares and disseminates its own annual reports. • Schedule of the City's 2003 Capital Outlay • Series 2003A - Sources and Uses Schedule • Series 2003A - Debt Service Schedule • Series 2003B — Refunding Schedules • Terms of Proposals Page 4 • City of Stillwater, Minnesota January 31, 2003 DISCUSSION $1,345,000 General Obligation Capital Outlay Bonds, Series 2003A Proceeds of the Series 2003A Bonds will be used to finance projects within various City departments as outlined in the City's Schedule of 2003 Capital Outlay. The assets' costs and estimated useful lives, by department have been provided by the City and are shown on pages 7 and 8. Page 9 shows the sources and uses of Series 2003A Bond proceeds, including the allowance for discount bidding and costs of issuance. The City made its first levy for the Series 2003A Bonds in 2002 for collection in 2003 in the amount of $200,000. The 2002 levy will be sufficient to make the February 1, 2004 principal and interest payment. Thereafter, first -half collection of taxes will be used to make the August 1 interest payment due in the collection year and second -half collections, as well as surplus first -half collections will be used to make the subsequent February 1 principal and interest payment. This repayment structure will continue for the life of the Series 2003A Bonds. Our recommended principal structure for the Series 2003A Bonds is shown on Page 10. The principal repayment schedule for this Issue has been structured with level debt service over 8 years. Page 10 shows annual principal, estimated interest rates, projected total principal and interest payments given the current market environment and the debt service with the 5% overlevy which is required by State statutes and serves as a protection to Bondholders and the City in the event of delinquencies in the collection of taxes. $3,450,000 General Obligation Tax Increment Refunding Bonds, Series 2003B The proceeds of the Series 2003B Bonds will be used on May 1, 2003 to redeem the February 1, 2004 through 2013 maturities of the City's General Obligation Tax Increment Bonds, Series 1994C, dated July 1, 1994 and currently outstanding in the aggregate principal amount of $3,345,000. Because the Series 1994C Bonds will be redeemed within 90 days of the issuance of the Series 2003B Bonds, the transaction will be conducted as a current refunding. The objective of the transaction is to achieve interest cost savings. On May 1, 2003, the City will use the proceeds of the Series 2003B Bonds, together with approximately $3,100 of investment earnings, to prepay the $3,345,000 of outstanding principal of the Series 1994C Bonds. The City will need to invest the proceeds of the Series 2003B Bonds for the period between the closing date and the May 1, 2003 call date in order to achieve the estimated interest earnings necessary for this transaction. Repayment of the Series 2003B Bonds is expected to be paid from tax increment revenue generated from the City's Tax Increment Financing District No. 4 relating to the Marketplace development for Target and Cub Foods. The City staff has indicated that the 2002 revenue received from the Tax Increment Financing District No. 4 was $540,725. Assuming this level of collection does not decline in future years, there will be sufficient tax increment revenue to pay the principal and interest on the Series 2003B Bonds. The historical level of revenue provides for 1.3 coverage ratio as derived by: 2002 Tax Increment Revenue $540,725 Divide By: Max Principal and Interest on 2003B Bonds 416.015 Coverage (Times) 1.3 Page 5 • City of Stillwater, Minnesota January 31, 2003 Based on current interest rate estimates, the refunding is projected to result in the City realizing cash flow savings that will average approximately $37,300 annually. This results in future value savings of approximately $374,000, with a net present value benefit to the City of approximately $314,000. These estimates are net of all costs associated with the refunding. The City should begin to realize cash flow savings beginning with the August 1, 2003 interest payment. We have attached a set of schedules that summarizes the refunding statistics and the projected savings resulting from the sale of the Series 2003B Bonds. These schedules include the following information about the proposed Series 2003B refunding Bonds: • Refunding Summary: indicates the sizing of the refunding issue, savings data and bond data — Page 11 • Prior Original Debt Service: shows the existing debt service requirements on the Series 1994C Bonds without a refunding — Page 12 • Debt Service to Maturity and to Call: shows the Series 1994C Bonds' remaining debt service to maturity and to the call date — Page 13 • Debt Service Schedule: shows the new debt service on the Series 2003B Bonds, based on current estimated interest rates — Page 14 • Debt Service Comparison: shows the projected annual cash flow savings of the Series 2003B Bonds in comparison to the Series 1994C Bonds — Page 15 Springsted is pleased to again be of service to the City of Stillwater. Re • : tfully submitted, Ilr Incorporated Page 6 • • FUND /Department CITY OF STILLWATER, MINNESOTA SCHEDULE OF 2003 CAPITAL OUTLAY Expected APPROVED Li GENERAL FUND MIS Tape backup for server 5,000 Total MIS $ 5,000 Finance Computer 2,000 3 Printer 1,500 3 Total Finance $ 3,500 Administration Server imaging system 8,000 3 Total Administration $ 8,000 Plant/City Hall Parking lot upgrade (additional) 2,500 10 Floor burnisher 2,250 7 Total Plant/City Hall $ 4,750 Community Development Computers 4,000 3 Police Computers 10,000 3 Printer 1,500 3 Squad cars (2) 64,000 2 Total Police $ 75,500 Fire Remodel firestation restrooms (additional) 42,600 20 Diving face mask 2,100 15 Radio headsets 8 5 Turn out gear 7,800 5 Attack pumper 125,000 20 Computers 4,000 3 Ladder truck (year 2 of 3) 237,500 25 Total Fire $ 427,000 Building Inspections Software updates 2,000 3 Total Building Inspections $ 2,000 Engineering Vehicle 4x4 18,000 5 Computers 8,000 3 Laser printers 4,000 3 Copier 10,000 5 Total Public Works/Engineering $ 40,000 Street Single axle plow under body truck 115,000 10 Pedestrian ramps 50,000 20 Tar kettle 32,000 10 Total Street $ 197,000 Shop Benches, shelving, workstations Miscellaneous shop equipment 30,000 15 20,000 5 Page 7 • • • CITY OF STILLWATER, MINNESOTA SCHEDULE OF 2003 CAPITAL OUTLAY Expected FUNDIDenartment APPROVED Life Total - Shop $ _ 50,000 Signs & Lighting Sign making machine and cutter 15,000 7 TOTAL GENERAL FUND $ 831,750 ST CROIX VALLEY RECREATION CENTER FUND Rec Center Ice Arena Computer 2,000 3 Printer 1,500 3 Floor Sweeper 6,000 7 Total Rec Center Ice Arena $ 9,500 Lily Lake Ice Arena Furnaces 10,000 - 10 Netting 3,000 2 TV -Lily Lake 1,000 5 Paint Lily Lake 5,000 10 Total Lily Lake Ice Arena $ 19,000 TOTAL ST CROIX VALLEY RECREATION CENTER $ 28,500 LIBRARY FUND Operations Computers (replacement) 11,200 3 Computers (additional workstations) 7,000 3 Workstation 1,800 15 Laser printers 2,400 3 Media checks 5,800 3 Barcode scanners 1000 3 Total Library- Operations $ 30,200 Plant Rebuild roof drains 5,000 10 Tuckpoint north wall of building 5,000 10 Modify (ergonomic) circulation desk 1,000 5 Replace floor treatment 3,000 5 Total Library-Plant $ 14,000 TOTAL LIBRARY FUND $ 44,200 PARKS FUND Lowell park 165,000 20 Creekside crossing park 40,000 20 Bergmann/SW crossing park 50,000 20 Riding mower 48" cut 10,000 5 Turf tractor (replace 1987) 45,000 15 Park equipment and improvements - Crossings, Bergmann & Rutherford 92,000 20 TOTAL PARKS FUND $ 402,000 TOTAL 2003 CAPITAL OUTLAY $ 1,306,450 NOTE: $200,000 has been levied for 2003 Capital Outlay for payable 2003. Page 8 • • • $1,345,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds Series 2003A SOURCES & USES Dated 04/01/2003 Delivered 04/01/2003 SOURCES OF FUNDS Par Amount of Bonds $1,345,000.00 TOTAL SOURCES $1,345,000.00 USES OF FUNDS Deposit to Project Construction Fund 1,306,450.00 Costs of Issuance 22,725.00 Total Underwriters Discount (1.200 %) 16,140.00 Rounding Amount (315.00) TOTAL USES $1,345,000.00 Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Springsted Incorporated Rie = StiI/w -1.sf- Series 2003A- SINGLE PURPOSE Advisors to the Public Sector 1/28/2003 9:55 AM Page 9 • • • $1,345,000 City of Stillwater, Minnesota General Obligation Capital Outlay Bonds Series 2003A DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% Levy 2/01/2004 155,000.00 1.450% 30,641.67 185,641.67 194,923.75 2/01/2005 160,000.00 1.700% 34,522.50 194,522.50 204,248.63 2/01/2006 160,000.00 2.100% 31,802.50 191,802.50 201,392.63 2/01/2007 165,000.00 2.550% 28,442.50 193,442.50 203,114.63 2/01/2008 165,000.00 3.000% 24,235.00 189,235.00 198,696.75 2/01/2009 175,000.00 3.300% 19,285.00 194,285.00 203,999.25 2/01/2010 180,000.00 3.600% 13,510.00 193,510.00 203,185.50 2/01/2011 185,000.00 3.800% 7,030.00 192,030.00 201,631.50 Total 1,345,000.00 189,469.17 1,534,469.17 1,611,192.63 SIGNIFICANT DATES Dated 4/01 /2003 Delivery Date 4/01/2003 First Coupon Date 2/01/2004 YIELD STATISTICS Bond Year Dollars $6,005.83 Average Life 4.465 Years Average Coupon 3.1547524% Net Interest Cost (NIC) 3.4234911% True Interest Cost (TIC) 3.4282754% Bond Yield for Arbitrage Purposes 3.1326530% All Inclusive Cost (AIC) 3.8532990% IRS FORM 8038 Net Interest Cost 3.1547524% Weighted Average Maturity 4.465 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Springsted Incorporated File = S6►Iw -1.st Series 2003A- SINGLE PURPOSE Advisors to We Public Sector 1128!2003 9:55 AM Page 10 • • $3,450,000 City of Stillwater, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2003B Current Refunding of Series 1994C REFUNDING SUMMARY • Dated 04/01 /2003 Delivered 04/01/2003 SOURCES OF FUNDS Par Amount of Bonds $3,450,000.00 TOTAL SOURCES $3,450,000.00 USES OF FUNDS Deposit to Current Refunding Fund 3,391,935.00 Total Underwriter's Discount (0.850 %) 29,325.00 Costs of Issuance 28,050.00 Rounding Amount. 690.00 TOTAL USES $3,450,000.00 FLOW OF FUNDS DETAIL State and Local Govemment Series (SLGS) rates for Date of OMP Candidates CURRENT REFUNDING ESCROW SOLUTION METHOD Gross Funded Total Cost of Investments $3,391,935.00 Interest Eamings ®1.100% 3,102.17 TOTAL DRAWS $3,391,935.00 ISSUES REFUNDED AND CALL DATES Series 1994C 5/01/2003 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net PV Cashflow Savings © 3.437 %(Bond Yield) 313,433.80 Contingency or Rounding Amount. 690.00 NET PRESENT VALUE BENEFIT $314,123.80 NET PV BENEFIT / $3,345,000 REFUNDED PRINCIPAL 9.391% NET PV BENEFIT / $3,450,000 REFUNDING PRINCIPAL 9.105% BOND STATISTICS Average Life 5.571 Years Average Coupon 3.4612166% Net Interest Cost (NIC) 3.6137920% Bond Yield for Arbitrage Purposes 3.4368687% True Interest Cost (TIC) 3.6097251% All Inclusive Cost (AIC) 3.7770615% Preliminary Springsted Incorporated File = Stillw -1.sf -Series 2002 Ref 94C Current - Series 1994C Advisors to the Public Sector 1/28/2003 12:22 PM Page 11 • City of Stillwater, Minnesota $4,800,000 General Obligation Tax Increment Bonds Series 1994C PRIOR ORIGINAL DEBT SERVICE Date Prindpal Coupon Interest Total P +I 2/01/1995 149,708.13 149,708.13 2/01/1996 - 256,642.50 256,642.50 2/01/1997 180,000.00 4.200% 256,642.50 436,642.50 2/01/1998 190,000.00 4.400% 249,082.50 439,082.50 2/01/1999 195,000.00 4.600% 240,722.50 435,722.50 2/01/2000 205,000.00 4.750% 231,752.50 436,752.50 2/01/2001 215,000.00 4.900% 222,015.00 437,015.00 2/01/2002 230,000.00 5.000% 211,480.00 441,480.00 2/01/2003 240,000.00 5.100% 199,980.00 439,980.00 2/01/2004 255,000.00 5.200% 187,740.00 442,740.00 2/01/2005 270,000.00 5.300% 174,480.00 444,480.00 2/01/2006 285,000.00 5.400% 160,170.00 445,170.00 2/01/2007 300,000.00 5.500% 144,780.00 444,780.00 2/01/2008 320,000.00 5.600% 128,280.00 448,280.00 2/01/2009 340,000.00 5.700% 110,360.00 450,360.00 2/01/2010 360,000.00 5.750% 90,980.00 450,980.00 2/01/2011 380,000.00 5.750% . . 70,280.00 450,280.00 2/01/2012 405,000.00 5.800% 48,430.00 453,430.00 2/01/2013 430,000.00 5.800% 24,940.00 454,940.00 Total 4,800,000.00 3,158,465.63 7,958,465.63 YIELD STATISTICS Average Life 5.811 Years Weighted Average Maturity (Par Basis) 5.811 Years Average Coupon 5.8672154% REFUNDING BOND INFORMATION Refunding Dated Date 4/01/2003 Refunding Delivery Date 4/01/2003 Preliminary Springsted Incorporated File = Stillw- -1.sf- Series 1994C- SINGLE PURPOSE Advisors to the Public Sector 1/28/2003 12:22 PM Page 12 • • • City of Stillwater, Minnesota $4,800,000 General Obligation Tax Increment Bonds Series 1994C DEBT SERVICE TO MATURITY AND TO CALL Date Refunded Bonds D/S To CaII Principal Coupon Interest Refunded D/S 2/01/2004 3,345,000.00 3,391,935.00 255,000.00 5.200% 187,740.00 442,740.00 2/01/2005 - - 270,000.00 5.300% 174,480.00 444,480.00 2/01/2006 285,000.00 5.400% 160,170.00 445,170.00 2/01/2007 300,000.00 5.500% 144,780.00 444,780.00 2/01/2008 320,000.00 5.600% 128,280.00 448,280.00 2/01/2009 340,000.00 5.700% 110,360.00 450,360.00 2/01/2010 360,000.00 5.750% 90,980.00 450,980.00 2/01/2011 380,000.00 5.750% 70,280.00 450,280.00 2/01/2012 405,000.00 5.800% 48,430.00 453,430.00 2/01/2013 430,000.00 5.800% 24,940.00 454,940.00 Total 3,345,000.00 3,391,935.00 3,345,000.00 1,140,440.00 4,485,440.00 YIELD STATISTICS Average Life 5.811 Years Weighted Average Maturity (Par Basis) 5.811 Years Average Coupon 5.8672154% REFUNDING BOND INFORMATION Refunding Dated Date 4/01/2003 Refunding Delivery Date 4/01/2003 Preliminary Springsted Incorporated File = Stillw -1.sf -Series 1994C- SINGLE PURPOSE Advisors to the Public Sector 1/28/200312:22.PM Page 13 • • • $3,450,000 City of Stillwater, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2003B Current Refunding of Series 1994C DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 2/01/2004 320,000.00 1.450% 86,520.83 406,520.83 2/01/2005 310,000.00 1.700% 99,185.00 409,185.00 2/01/2006 315,000.00 2.100% 93,915.00 408,915.00 2/01/2007 320,000.00 2.550% 87,300.00 407,300.00 2/01/2008 330,000.00 3.000% 79,140.00 409,140.00 2/01/2009 345,000.00 3.300% 69,240.00 414,240.00 2/01/2010 355,000.00 3.600% 57,855.00 412,855.00 2/01/2011 370,000.00 3.800% 45,075.00 415,075.00 2/01/2012 385,000.00 3.900% 31,015.00 416,015.00 2/01/2013 400,000.00 4.000% 16,000.00 416,000.00 Total 3,450,000.00 665,245.83 4,115,245.83 SIGNIFICANT DATES Dated Date 4/01/2003 Delivery Date 4/01/2003 First Coupon Date 8/01/2003 YIELD STATISTICS Bond Year Dollars $19,220.00 Average Life 5.571 Years Average Coupon 3.4612166% Net Interest Cost (NIC) 3.6137920% True Interest Cost (TIC) 3.6097251% Bond Yield for Arbitrage Purposes 3.4368667% All Inclusive Cost (AIC) 3.7770615% IRS FORM 8038 Net Interest Cost 3.4612166% Weighted Average Maturity 5.571 Years Preliminary Springsted Incorporated File = Stillw -1.sf -Series 2002 Ref 94C Current- Series 1994C Advisors to the Public Sector 1/28/200312:22 PM Page 14 • • • $3,450,000 - City of Stillwater, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2003B Current Refunding of Series 1994C DEBT SERVICE COMPARISON Date Total P +I Escrow Earnings Net New D/S Old Net D/S Savings 2/01/2004 406,520.83 (3,102.17) 403,418.66 442,740.00 39,321.34 2/01/2005 409,185.00 409,185.00 444,480.00 35,295.00 2/01/2006 408,915.00 408,915.00 445,170.00 36,255.00 2/01/2007 407,300.00 407,300.00 444,780.00 37,480.00 2/01/2008 409,140.00 409,140.00 448,280.00 39,140.00 2/01/2009 414,240.00 414,240.00 450,360.00 36,120.00 2/01/2010 412,855.00 412,855.00 450,980.00 38,125.00 2/01/2011 415,075.00 415,075.00 450,280.00 35,205.00 2/01/2012 416,015.00 416,015.00 453,430.00 37,415.00 2/01/2013 416,000.00 416,000.00 454,940.00 38,940.00 Total 4,115,245.83 (3,102.17) 4,112,143.66 4,485,440.00 373,296.34 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net FV Cashflow Savings 373,296.34 Gross PV Debt Service Savings 313,433.80 Net PV Cashflow Savings 3.437 %(Bond Yield) 313,433.80 Contingency or Rounding Amount 690.00 NET FUTURE VALUE BENEFIT $373,986.34 NET PRESENT VALUE BENEFIT $314,123.80 NET PV BENEFIT / $1,006,290.14 PV REFUNDED INTEREST 31.216% NET PV BENEFIT / $3,763,433.80 PV REFUNDED DEBT SERVICE 8.347% NET PV BENEFIT / $3,345,000 REFUNDED PRINCIPAL 9.391% NET PV BENEFIT / $3,450,000 REFUNDING PRINCIPAL 9.105% REFUNDING BOND INFORMATION Refunding Dated Date 4/01/2003 Refunding Delivery Date 4/01/2003 Preliminary Springsted Incorporated File = Stillw- -1.sf -Series 2002 Ref 94C Current -Series 1994C Advisors to the Public Sector 1/28/2003 12:22 PM Page 15 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE • ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • 2004 $155,000 2005 $160,000 TERMS OF PROPOSAL $1,345,000 CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2003A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, March 4, 2003, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the • submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless in which the manner of the Proposal is submitted. DETAILS OF THE BONDS The Bonds will be dated April 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2004. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $160,000 2008 $165,000 2007 $165,000 2009 $175,000 BOOK ENTRY SYSTEM 2010 $180,000 2011 $185,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), Page 16 • • • New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the City's 2003 capital outlay needs of various City departments. TYPE OF PROPOSALS Proposals shall be for not less than $1,328,860 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $13,450, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. Page 17 • • • The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. Page 18 • • The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting _ syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 55 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 4, 2003 BY ORDER OF THE CITY COUNCIL /s/ Diane Ward Clerk Page 19 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ® ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • 2004 $320,000 2005 $310,000 2006 $315,000 $3,450,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B 2007 $320,000 2008 $330,000 2009 $345,000 TERMS OF PROPOSAL (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, March 4, 2003, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless in which the manner of the Proposal is submitted. DETAILS OF THE BONDS The Bonds will be dated April 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2003. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2010 $355,000 2012 $385,000 2011 $370,000 2013 $400,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. Page 20 • • BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2011, and on any day thereafter, to prepay Bonds due on or after February 1, 2012. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are • called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenue from the City's Tax Increment Financing District No. 4 for Target and Cub Foods. The proceeds will be used to refund the February 1, 2004 through February 1, 2013 maturities of the City's General Obligation Tax Increment Bonds, Series 1994C, dated July 1, 1994. TYPE OF PROPOSALS Proposals shall be for not Tess than $3,420,675 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $34,500, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement Page 21 • • • and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, . New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE Page 22 • • • On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 140 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 4, 2003 BY ORDER OF THE CITY COUNCIL /s/ Diane Ward Clerk Page 23 • CERTIFICATION OF MINUTES RELATING TO $200,000 GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2003HS Issuer: City of Stillwater, Minnesota Governing Body: City Council Kind, Date, Time and Place of Meeting: A regular meeting held February 4, 2003, at 7:00 o'clock p.m., at the City Hall, Stillwater, Minnesota. Members Present: Mayor Kimble, Councilmembers Junker, Kriesel, Rheinberger, and Milbrandt. Members Absent: None Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM AND 41/ DETAILS AND PROVIDING FOR THE PAYMENT OF $200,000 GENERAL OBLIGATION CAPITAL OUTLAY BOND, SERIES 2003HS I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bond referred to in the title of this Certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bond; and that said meeting was duly held by the governing body at the time and place and we attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 4th day of February, 2003. Diane F. Ward, City Clerk 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101 -2887 651- 223 -3000 FAX: 651-223-3002 EXTERNAL MEMORANDUM TO: Ms. Sharon Harrison, Assistant Finance Director City of Stillwater, Minnesota FROM: Dave MacGillivray DATE: January 31, 2003 Zor SPRINGSTED Advisors to the Public Sector SUBJECT: Council Action on Bond Sales $1,345,000 General Obligation Capital Outlay Bonds, 2003A, and $3,450,000 General Obligation Tax Increment Refunding Bonds, 2003B The City Council will consider resolution(s) setting a date for the competitive sale of the above two issues. The City will take competitive bids on March 4 and the Council will consider award at its meeting that evening. The Capital Outlay Bonds fund a large number of capital assets and are repaid by property taxes. In consultation with the City staff we have structured this repayment to occur over an eight -year term in approximately even annual amounts. The Tax Increment Refunding Bonds are being issued to save interest costs in the City's TIF District No. 4. The Bonds being refunded were issued in 1994, with the last principal payment scheduled for February 1, 2013. We estimate the savings over time to be approximately $373,000, after consideration of all costs. These future savings have an approximate present value of $314,000. These savings amounts are estimates and will change based on the actual sale results. We have left the term of the financing unchanged. As part of this sale process the City's credit rating will be reviewed by Moody's Investors Service of New York. We have arranged an on -site visit by Moody's for the morning of February 19 The City has undergone many positive developments, and we believe, showcasing them to Moody's would assist in their determination of the credit rating. Please recall that in 2002 the City's rating was upgraded to Al. The tax - exempt interest rate market remains at very low levels, while awaiting developments relating to the Iraq situation. We anticipate a very favorable sale result. We appreciate again being of service to the City. CORPORATE OFFICE: SAINT PAUL, MN • Visit our website at www.springsted.com IOWA • KANSAS • MINNESOTA • VIRGINIA • WASHINGTON, DC • WISCONSIN • • 1495392v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA HELD: February 4, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall in said City on the 4th day of February, 2003, at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $1,345,000 General Obligation Capital Outlay Bonds, Series 2003A of said City. The following members were present: and the following were absent: Member introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,345,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2003A A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue its $1,345,000 General Obligation Capital Outlay Bonds, Series 2003A (the "Bonds ") to finance the 2003 capital outlay projects of various departments within the City, pursuant to Minnesota Statutes, Chapter 475 and Sections 10.5 and 10.6 of the City Charter, as more fully described in Exhibit B attached hereto; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting; Bid Onenin2. This City Council shall meet at the time and place III specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Clerk or designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Manager and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1495392v1 2 • • • STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER • • I, the undersigned, being the duly qualified and acting 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 of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $1,345,000 General Obligation Capital Outlay Bonds, Series 2003A. WITNESS my hand this 4th day of February, 2003. Clerk 1495392v1 3 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,345,000 CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2003A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, March 4, 2003, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless in which the manner of the Proposal is submitted. The Bonds will be dated April 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2004. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2004 $155,000 2005 $160,000 DETAILS OF THE BONDS 2006 $160,000 2007 $165,000 2008 $165,000 2009 $175,000 2010 $180,000 2011 $185,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory 1495392v1 A -1 • • • • • • sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the City's 2003 capital outlay needs of various City departments. TYPE OF PROPOSALS Proposals shall be for not less than $1,328,860 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $13,450, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted 1495392v1 A -2 Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. 1495392v1 CUSIP NUMBERS A -3 • • • • • • If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). 1495392v1 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 55 copies of the Official Statement and the addendum or addenda described above. The City designates the senior A -4 managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 4, 2003 BY ORDER OF THE CITY COUNCIL 1495392v1 A -5 /s/ Diane Ward Clerk • • • • Department MIS Finance Administration Plant /City Hall Police Fire Building Inspections Public Works /Engineering Street Shop Signs & Lighting Community Development St. Croix Valley Rec. Center Library — Operations • Library — Plant Parks Total 2003 Project Costs • 2003 Capital Outlay Projects 1495392v1 1 EXHIBIT B Project Costs $ 5,000 3,500 8,000 4,750 75,500 427,000 2,000 40,000 197,000 50,000 15,000 4,000 28,500 30,200 14,000 402,000 $1,306,450 B -1 1 1 Useful Life 3 years 3 years 3 years 7 -10 years 2 -3 years 3 -25 years 3 years 3 -5 years 10 -20 years 5 -15 years 7 years 3 years 2 -10 years 3 -15 years 5 -10 years 5 -20 years • Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall in said City on the 4th day of February, 2003, at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $3,450,000 General Obligation Tax Increment Refunding Bonds, Series 2003B of said City. The following members were present: and the following were absent: Member introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue its $3,450,000 General Obligation Tax Increment Refunding Bonds, Series 2003B (the "Bonds ") to refund the City's outstanding General Obligation Tax Increment Bonds, Series 1994C; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting; Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Clerk or designee, shall open bids at the time and place specified in such Terms of Proposal. 1495595v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA HELD: February 4, 2003 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $3,450,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: 1495595v1 Whereupon said resolution was declared duly passed and adopted. 2 STATE OF MINNESOTA • COUNTY OF WASHINGTON CITY OF STILLWATER • • I, the undersigned, being the duly qualified and acting 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 of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $3,450,000 General Obligation Tax Increment Refunding Bonds, Series 2003B. WITNESS my hand this 4th day of February, 2003. 1495595v1 Clerk 3 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: Proposals for the Bonds will be received on Tuesday, March 4, 2003, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless in which the manner of the Proposal is submitted. The Bonds will be dated April 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2003. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 1495595v1 EXHIBIT A TERMS OF PROPOSAL $3,450,000 * CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B (BOOK ENTRY ONLY) SUBMISSION OF PROPOSALS DETAILS OF THE BONDS 2004 $320,000 2008 $330,000 2011 $370,000 2005 $310,000 2009 $345,000 2012 $385,000 2006 $315,000 2010 $355,000 2013 $400,000 2007 $320,000 The City reserves the right, after �proposals are opened and prior to award, to increase or reduce the principal amount ofthe Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced A -1 • • Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. 1495595v1 OPTIONAL REDEMPTION The City may elect on February 1, 2011, and on any day thereafter, to prepay Bonds due on or after February 1, 2012. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenue from the City's Tax Increment Financing District No. 4 for Target and Cub Foods. The proceeds will be used to refund the February 1, 2004 through February 1, 2013 maturities of the City's General Obligation Tax Increment Bonds, Series 1994C, dated July 1, 411 1994. A -2 TYPE OF PROPOSALS Proposals shall be for not less than $3,420,675 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $34,500, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. 1495595v1 A -3 • • • • If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. 1495595v1 CUSIP NUMBERS SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 140 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. A -4 Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 4, 2003 BY ORDER OF THE CITY COUNCIL 1495595v1 A -5 /s/ Diane Ward Clerk • • Bonds. and the following voted against the same: 1494929v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA HELD: February 4, 2003 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at City Hall on February 4, 2003, at o'clock p.m. for the purpose, in part, of authorizing the call of certain outstanding General Obligation Improvement Bonds, Series 1994B. The following members were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CALL OF THE OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B WHEREAS: by resolution duly adopted on May 3, 1994, the City issued $1,485,000 General Obligation Improvement Bonds, Series 1994B, dated July 1, 1994 (the "Bonds "). The City has sufficient funds on hand in the debt service fund to call the remaining $440,000 • outstanding February 1, 2004 and February 1, 2005, maturities of the Bonds on March 15, 2003, at a price of par plus accrued interest. The combined remaining outstanding balance of principal and interest due on the Bonds is $ NOW, THEREFORE, be it resolved by the City of Stillwater, Minnesota, as follows: 1.01 This Council hereby determines that there exists sufficient funds in the debt service fund to prepay on March 15, 2003, $440,000 aggregate principal amount of Bonds maturing in the years 2004 and 2005. 1.02 U. S. Bank National Association, in St. Paul, Minnesota (successor to American National Bank and Trust Company), the bank at which principal and interest are payable, is hereby authorized and directed to cause the Notice of Redemption attached hereto as Exhibit A to be given in accordance with the provisions of the City's resolution adopted on May 3, 1994. 1.03 No further action shall be required of the Council to complete prepayment of the The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: Whereupon the resolution was declared duly passed and adopted. Dated: February 4, 2003. 1494929v1 2 City Clerk • • • STATE OF MINNESOTA COUNTY OF WASHINGTON • • ) ss. I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council held on the date therein indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript thereof. WITNESSjmy hand officially on February 4, 2003. 1494929v1 3 City Clerk EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Stillwater, Washington County, Minnesota, there have been called for redemption and prepayment on 1494929v1 Dated: February 4, 2003. March 15, 2003 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1994B, dated July 1, 1994, having stated maturity dates in the years 2004 and 2005 and totaling $440,000 in principal amount. The bonds are being called at a price of par plus accrued interest to March 15, 2003, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U. S. Bank National Association (successor to American National Bank and Trust Company), 180 East Fifth Street, 3 Floor -Bond Drop Window, or if by mail, to P.O. Box 64111, in St. Paul, Minnesota 55164 -0111, on or before March 15, 2003. BY ORDER OF THE CITY COUNCIL CITY OF STILLWAIER, MINNESOTA /s/ Diane Ward, Clerk • • • • Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 2/3/2003 Subject: Human Rights Commission Appointment Ms. Ellie Samuelson, Ward 1 has applied for an appointment to the Human Rights Commission. Should Council appoint Ms. Samuelson there would be only one position left to fill. ACTION REQUIRED: If Councils desires to appoint Ms. Samuelson, they should pass a motion adopting a resolution 4111 reappointing Ms. Samuelson to the Human Rights Commission. • Memorandum • • To: Mayor and City Council From: Diane Ward, City Clerk Date: 1/31/2003 Subject: Transfer of On -Sale and Sunday Liquor License — National Restaurants, Inc. DBA: Estaban's of Stillwater to Pepitos De Stillwater, DBA: Pepitos De Stillwater An application for a transfer of an On -sale and Sunday Liquor License from National Restaurants, Inc. DBA: Esteban's of Stillwater to Pepitos De Stillwater, DBA: Pepitos De Stillwater has been received. Approval should be contingent upon successful closing of the property, filing all required documentation and final approval by Police, Fire, Finance, Inspection Departments and Minnesota Liquor Control. ACTION REQUIRED: If approved, Council should adopt Resolution No. 2003- APPROVING TRANSFER OF APPROVING TRANSFER OF ON -SALE AND SUNDAY LIQUOR LICENSE TO PEPITOS DE STILLWATER, DBA: PEPITOS DE STILLWATER APPROVING TRANSFER OF ON -SALE AND SUNDAY LIQUOR LICENSE TO PEPITOS DE STILLWATER, DBA: PEPITOS DE STILLWATER WHEREAS, a request for transfer of ownership of the On -sale and Sunday liquor license from National Restaurants, Inc. DBA: Esteban's of Stillwater to Pepitos De Stillwater, DBA: Pepitos De Stillwater has been received; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of On -sale and Sunday liquor license conditioned upon successful closing of the property, filing all required documentation, approval by Police, Fire, Inspection, Finance Departments, and Minnesota Liquor Control. Adopted by Council this 4 day of February 2003. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • • 4 January 31, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Open Book Meeting DISCUSSION: MEMORANDUM In 2001, the Council transferred the City's Board of Review duties to Washington County. The 2003 Open Book Meeting for Stillwater will be held at City hall on Thursday, May 1, 2003 from 5 -6 p.m. ACTION REQUIRED: None. Council information only.