HomeMy WebLinkAbout1991-08-06 CC Packet
AGENDA
STILLWATER CITY COUNCIL
August 6, 1991
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REGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
INDIVIDUALS & DELEGATIONS
1. Chris White, Cnamber of Commerce - Request for Shuttle Bus Funds for
August.
STAFF REPORTS
1. rlnance uirector 4. Comm. Dev. Director 7. Fire Chief
2. Public Safety 5. Parks & Recreation 8. Building Official
3. Public Works Dir. 6. Consulting Engineer 9. City Attorney
10. City Clerk
11. City Coordinator
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
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APPROVAL OF MINUTES - Regular & Recessed Meetings - July 2, 1991
Special & Meeting - July 9, 1991
Regular Meeting - July 16, 1991
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS
1. Bid Opening and possible award of bid for $2,600,000 General Obligation
Improvement Bonds, Series 1991A.
2. Bid Opening and possible award of bid for $650,000 Taxable General
Obligation Tax Increment Bonds, Series 1991B.
3. Bid Opening and possible award of bid for $3,400,000 General Obligation
Tax Increment Bonds, Series 1991C.
4. Bob Halko, Vinland National Center - Request to place Gambling Operation
(Pull-tabs) at Cat Ballous, 112 No. Main St.
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UNFINISHED BUSINESS
1. Possible second reading of an Ordinance amending the City Code, Chapter
27, regarding regulation of wild animals in the City.
2. Discussion of Downtown Construction Items:
A. Approval of Plans & Specifications for Second St. and No. Main St.
parking lots and authorization to advertise for bids.
B. Final Decorative Paver Street Plan.
C. Update on Downtown Improvement Project Items and Costs.
3. Recommendation for Water Street Garbage Structure.
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4.
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Petroleum Tank Clean-pp Recommendations for Glacier Park
5. Report on Northeast A~ea Sanitary Sewer.
Property.
6. Continuation of discussion - granting early building permits for pre-sold ~
lots in Block Two of ~he Highlands of Stillwater.
NEW BUSINESS I
1. Curve Crest Properti ej5/Ci ty Armory Site - Access Agreement.
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2. Request to present fr e concert in Pioneer Pk. on Sept. 14 or 15 -
Reynolds Remarkable R Iythm Cattle.
PETITIONS, INDIVIDUALS & ELEGATIONS (continued)
CONSENT AGENDA
1. Resolution Directing bayment of Bills (Resolution No. 91-151).
2. Applications (list tolbe supplied at meeting)
3. Claim against the Cit from Tom Christensen, New Richmond - Damage to
truck from large bump in Chestnut St.
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
COMMUNICATIONS/FYI
1. Fred Brass, Village S op - Damage to building, 233 So. Main St.
2. C. R. Hackworthy, Cur e Crest Properties - Water problem at corner of
Northwestern Ave. and the frontage road at intersection of Norwest Bank 4It
Bldg. t
3. Don Campbell, Ponies aseball Coach - Thank you for recognition by Council
and request for fundi g of a City baseball field.
ADJOURNMENT
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Moodys Investors ServIce
99 Church Street, New York, N.Y. 10007
August 1, 1991
Ms. Mary Lou Johnson
City Clerk
City of stillwater
216 North 4th street
stillwater, Minnesota 55082
Dear Ms. Johnson:
We wish to inform you that our Rating Committee has assigned
the rating of A to the $6,650,000 City of stillwater, Minnesota
General Obligation Bonds to be sold August 6, 1991.
In order that we may maintain this rating over the period of
the loan, we will require current financial and other updating
information. We will appreciate your continued cooperation in
the future.
We would appreciate recelvlng a copy of the final Official
statement when available.
Under separate cover you will be receiving a copy of our
credit report on the above referenced bond sale.
Should you have any questions regarding the above, please do
not hesitate to contact Thomas O'Donnell at (212) 553-0575.
sincerely yours, .
~ ~ v~
. '. . L-I...--A......-
\ ~~_J}.-A -'{,. ,~,
Daniel N. Heimowitz
Executive Vice President
Public Finance Department
TO D: kh
cc: Ms. Phyllis slattery
Financial Analyst
85 E. 7th Place, Ste. 100
st. Paul, Minnesota 55101-2143
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CERTIFICATION OF MlNUTES RELATING TO
$2,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1991A
Issuer: City of Stillwater, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held Tuesday, August 6,
1991, at 4:30 o'clock p.m., at the City Hall, Stillwater, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 91-
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $2,600,000 GENERAL OBUGATION
IMPROVEMENT BONDS, SERIES 1991A
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the bonds referred to in the title of this certificate,
certify that the documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal custody, from
which they have been transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of said corporation,
and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to
said bonds; and that said meeting was duly held by the governing body at the time
and place and was attended t~oughout 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
August, 1991.
day of
City Clerk
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The Clerk presented to the City Council affidavits showing publication
in the official newspaper and in the Northwestern Financial Review of a Notice of
Sale of $2,600,000 General Obligation Improvement Bonds, Series 1991A, of the City,
for which bids were to be considered at this meeting in accordance with the
resolution adopted by the City Council on July 2, 1991. The affidavits were
.
examined and found satisfactory and directed to be placed on file in the office of the-
Clerk.
The Clerk reported that
sealed bids had been received at or
prior to the time stated in the Notice of Sale, and the bids having been opened,
publicly read and considered, were all found to conform. to the Notice of Sale and
the Official Terms of Offering, and the highest and best bid of each bidder was found
to be as follows:
Name of Bidder
Purchase Price
Interest
Rates
Total Interest Cost
And Net Average Rate
(See next page)
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Councilmember
introduced the following
resolution and moved its adoption:
RESOLUTION NO. 91-
RESOLUTION AUTHORIZING ISSUANCE, A WARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $2,600,000 GENERAL OBUGATION
IMPROVEMENT BONDS, SERIES 1991A
BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
(a) This Council, by Resolution No. 91-129, adopted July 2, 1991,
authorized the issuance and public sale of $2,600,000 General Obligation
Improvement Bonds, Series 1991A (the Bonds) of the Issuer to finance various
public improvements, as described in Resolution No. 91-129.
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(b) Notice of Sale has been duly published. Pursuant to the Official
Terms of Offering and the Notice of Sale, sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids have
been opened, publicly read and considered and the purchase price, interest rates and
net interest cost under the terms of each bid have been determined. The most
favorable bid received is that of
of, and
associates (the Purchaser), to purchase the Bonds at a price of $
plus accrued interest on all Bonds to the day of delivery and payment, on the further
terms and conditions hereinafter set forth.
(c) The sale of the Bonds is hereby awarded to the Purchaser and the
Mayor and City Clerk are hereby authorized and directed to execute a contract on
behalf of the Issuer for the sale of the Bonds in accordance with the terms of the bid.
The good faith deposit of the Purchaser shall be retained and deposited by the Issuer
until the Bonds have been delivered, and shall be deducted from the purchase price
paid at settlement. The good faith deposit of other bidders shall be returned to them
forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery.
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2.01. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
t-o happen and to be performed precedent to and in the valid issuance of the Bonds
_ having been done, now existing, having happened and having been performed, it is
. now necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations; and Payment. The
Bonds shall be originally dated as of September I, 1991, shall be in the denomination
of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, and shall bear interest from date
of issue until paid or duly called for redemption at the annual rates set forth
opposite such years and amounts, as follows:
Year Amoun t Rate Year Amoun t Rate
1993 $200,000 2001 $200,000
1994 200,000 2002 200,000
1995 200,000 2003 120,000
1996 200,000 2004 120,000
1997 200,000 2005 120,000
1998 200,000 .2006 120,000
1999 200,000 2007 120,000
2000 200,000
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The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond at the principal office of the Registrar described herein,
the principal amount thereof, shall be payable by check or draft issued by the
Registrar described herein.
2.03. Dates and Interest Payment Dates. Each Bond shall bear a date of
original issue of September I, 1991. Upon the initial delivery of the Bonds pursuant
to Section 2.07, and upon any subsequent transfer or exchange pursuant to Section
2.06, the date of authentication shall be noted on each Bond so delivered, exchanged
or transferred. Interest on the Bonds shall be payable on each February 1 and
August I, commencing August I, 1992, to the owners of record thereof as of the close
of business on the fifteenth day of the immediately preceding month, whether or
not such day is a business day.
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2.04. Redemption. Bonds maturing in the years 1993 through 2001
shall not be subject to redemption prior to maturity, but Bonds maturing in 2002
and later years shall be subject to redemption and prepayment at the option of the
Issuer, in whole or in part, in such order as the Issuer shall determine and within a
maturity by lot as selected by the Registrar in multiples of $5,000, on February I,
2001, and on any date thereafter, at a price equal to the principal amount thereof and
accrued interest to the date of redemption. The Clerk shall cause notice of the call
for redemption thereof to be published as required by law, and at least thirty days
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prior to the designated redemption date, shall cause notice of call for redemption to
be mailed, by first class mail, to the registered holders of any Bonds to be redeemed
at their addresses as they appear on the bond register described in Section 2.06
hereof, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by
such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,
become due and payable at the redemption price therein specified and from and
after such date (unless the Issuer shall default in the payment of the redemption
price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the owner
without charge, representing the remaining principal amount outstanding.
2.05. Appointment of Initial Registrar. The Issuer hereby appoints
. , in , Minnesota, as
the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor
and Clerk are authorized to execute and deliver, on behalf of the Issuer, a contract
with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company authorized by
law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The Issuer agrees to pay the reasonable and customary charges
of the Registrar for the services performed. The Issuer reserves the right to remove
the Registrar upon thirty days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds
in its possession to the successor Registrar and shall deliver the bond register to the
successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate
trust office a bond register in which the Registrar shall provide for the
registration of ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
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any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by
the registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter disposed
of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is
presented to the Registrar for transfer, the Registrar may refuse to transfer the
same until it is satisfied that the endorsement on such Bond or separate
instrument of transfer is valid and genuine and that the requested transfer is
legally authorized. The Registrar shall incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
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(f) Persons Deemed Owners. The Issuer and the Registrar may
treat the person in whose name any Bond is at any time registered in the
bond register as the absolute owner of the Bond, whether the Bond shall be
overdue or not, for the purpose of receiving payment of or on account of, the
principal of and interest on the Bond and for all other purposes; and all
payments made to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon Bond to the
extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of
Bonds (except for an exchange upon a partial redemption of a Bond), the
Registrar may impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to such transfer or exchange.
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(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond
shall become mutilated or be destroyed, stolen or lost, the Registrar shall
deliver a new Bond of like amount, number, maturity date and tenor in
exchange and substitution for and upon cancellation of any such mutilated
Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing
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to the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which. both the Issuer and the Registrar shall be
named as obligees. All Bonds so surrendered to the Registrar shall be
cancelled by it and evidence of such cancellation shall be given to the Issuer.
If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesotq
Statutes, Section 475.55, Subdivision 1, as amended.
2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clerk and shall be executed on behalf of the
Issuer by the signatures of the Mayor and the Clerk, provided that the signatures
may be printed, engraved or lithographed facsimiles of the originals. In case any
officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on the Bond
has been duly executed by the manual signature of an authorized representative of
the Registrar. Certificates of authentication on different Bonds need not be signed by
the same representative. The executed certificate of authentication on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been prepared, executed and authenticated, the
Finance Director shall deliver them to the Purchaser upon payment of the purchase
price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
2.08. Form of Bonds. The Bonds shall be prepared in substantially
the following form:
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[Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1991A
Rate
Maturity
Date
CUSIP
Date of
Original Issue
September 1, 1991
REGISTERED OWNER:
PRINCIP AL AMOUNT:
The City of Stillwater, Washington County, Minnesota (the Issuer),
acknowledges itself to be indebted and hereby promises to pay to the registered
owner named above, or registered assigns, the principal sum specified above on the
maturity date specified above, with interest thereon from the date hereof at the
annual rate specified above, payable on February 1 and August 1 in each year,
commencing August 1, 1992, to the person in whose name this Bond is registered at
the close of business on the fifteenth day (whether or not a business day) of the
immediately preceding month, all subject to the provisions referred to herein with
respect to the redemption of the principal of this Bond before maturity. The interest
hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by
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as Bond Registrar, Transfer Agent and Paying Agent (the Registrar), or its designated
successor under the Resolution described herein. For the prompt and full payment
of such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same effect as though fully set
forth hereon.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives.
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Minnesota, by its City Council, has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be
dated as of the date set forth below.
CITY OF STILLWATER, MINNESOTA
(facsimile)
City Clerk
(facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
Date of Authentication:
as Registrar
By
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Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate principal amount of
$2,600,000, all of like date and tenor, except as to maturity date, interest rate,
denomination and redemption privilege, issued pursuant to a resolution adopted by
the City Council on August 6, 1991 (the Resolution), to finance the costs of local
improvements, and is issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully
registered form, in denominations of $5,000 or any integral multiple thereof, of
single maturities.
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Bonds of this issue maturing in 2001 and earlier years are payable on
their respective stated maturity dates without option of prior payment, but Bonds
having stated maturity dates in 2002 and later years are each subject to redemption
and prepayment at the option of the Issuer, in whole or in part, in such order as the
Issuer shall determine and, within a maturity, by lot as selected by the Registrar in
multiples of $5,000 on February 1, 2001, and on any date thereafter, at a price equal to
the principal amount thereof plus interest accrued to the date of redemption. The
Issuer will cause notice of the call for redemption to be published as required by law
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and, at least thirty days prior to the designated redemption date, will cause notice of
the call thereof to be mailed by first class mail to the registered owner of any Bond to
be redeemed at the owner's address as it appears on the bond register maintained by
the Registrar, but no defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of any Bond not affected
by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified,
and from and after such date (unless the Issuer shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear inter~st.
Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount
outstanding.
The Bonds have been designated as "qualified tax-exempt obligations"
pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set
forth therein, this Bond is transferable upon the books of the Issuer at the principal
office of the Registrar, by the registered owner hereof in person or by the owner's
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Issuer and the Registrar may deem and treat the person in whose
name this Bond is registered as the absolute owner hereof, whether this Bond is
overdue or not, for the purpose of receiving payment and for all other purposes,
and neither the Issuer nor the Registrar shall be affected by any notice to the
contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Bond in order to make it a valid and binding general
obligation of the Issuer in accordance with its terms, have been done, do exist, have
happened and have been performed as so required; that, prior to the issuance hereof
the City Council has by the Resolution covenanted and agreed to levy special
assessments upon property specially benefited by the local improvements financed
by the Bonds, which will be collectible for the years and in amounts sufficient to
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produce sums not less than 5% in excess of the principal of and interest on the
Bonds when due, and has appropriated such special assessments to its Series 1991A
Improvement Bond Sinking Fund for the payment of such principal and interest;
that if necessary for payment of such principal and interest, ad valorem taxes are
required to be levied upon all taxable property in the Issuer, without limitation as
to rate or amount; and that the issuance of this Bond, together with all other
indebtedness of the Issuer outstanding on the date hereof and on the date of its
actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed
any constitutional, charter or statutory limitation of indebtedness.
Form of certificate to be printed on the reverse side of each Bond, following a full
copy of the legal opinion:
We certify that the above is a full, true and correct copy of the legal opinion
rendered by Bond Counsel on the issue of Bonds of the City of Stillwater,
Washington County, Minnesota, which includes the within Bond, dated as of the
date of original delivery of and payment for the Bonds.
(Facsimile Signature)
City Clerk
(Facsimile Signature)
Mayor
The following abbreviations, when used in the inscription on the face
of this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM -- as tenants
in common
UTMA. . . .as Custodian for. . . . . . . . .
(Cust) '(Minor)
TEN ENT -- as tenants
by entireties
JT TEN
under Uniform Transfers to Minors
Act.............................. .
(State)
--as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said Bond
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on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
Signature(s) must be
guaranteed by a commercial
bank or trust company or by
a brokerage firm having a
membership in one of the
major stock exchanges.
PLEASE INSERT SOCIAL
SECURITY OR OTHER
IDENTIFYING NUMBER OF
ASSIGNEE:
NOTICE: The assignor's signature to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
without alteration or enlargemept or
any change whatsoever.
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Section 3. Use of Proceeds. There is hereby established on the official
books and records of the Issuer a Series 1991A Improvement Bond Construction
Fund (the Construction Fund), and the Finance Director shall continue to maintain
the Construction Fund until payment of all costs and expenses incurred in
connection with the construction of the local improvements financed by the Bonds
have been paid. To the Construction Fund there shall be credited from the proceeds
of the Bonds, exclusive of unused discount and accrued and capitalized interest, an
amount equal to the estimated cost of the improvements and from the Construction
Fund there shall be paid all construction costs and expenses. There shall alsp be
credited to the Construction Fund all special assessments collected with respect to ~
the improvements financed by the Bonds, until all costs of the improvements have
been fully paid. After payment of all construction costs, the Construction Fund shall
be discontinued and any Bond proceeds remaining therein may be transferred to the
other funds or accounts established for construction of other improvements
instituted pursuant to Minnesota Statutes, Chapter 429. All special assessments on
hand in the Construction Fund when terminated or thereafter received, and any
Bond proceeds not so transferred, shall be credited to the Series 1991A Improvement
Bond Sinking Fund of the Issuer. All proceeds of the Bonds deposited in the
Construction Fund will be expended solely for the payment of the costs of the
improvements referred to in Section 1 hereof (or other improvements authorized
pursuant to Chapter 429), All improvements so financed will be owned and
maintained by the Issuer and available for use by members of the general public on a
substantially equal basis. The Issuer shall not enter into any lease, use or other
agreement with any non-governmental person relating to the use of the
improvements or security for the payment of the Bonds which might cause the
Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to
Section 141 of the Internal Revenue Code of 1986, as amended (the Code).
Section 4. Series 1991A Improvement Bond Sinking Fund. So long as
any of the Bonds are outstanding and any principal of or interest thereon unpaid,
the Finance Director shall maintain a separate debt service fund on the official books
and records of the Issuer to be known as the Series 1991A Improvement Bond
Sinking Fund (the Bond Fund), and the principal of and interest on the Bonds shall
be payable from the Bond Fund. The Issuer irrevocably appropriates to the Bond
Fund (a) any amount in excess of $2,561,000 received from the Purchaser; (b)
capitalized interest in the amount of $ ; (c) all taxes and special
assessments levied and collected in accordance with this Resolution; and (d) all
other moneys as shall be appropriated by the City Council to the Bond Fund from
time to time. H the balance in the Bond Fund is at any time insufficient to pay all
interest and principal then due on all Bonds payable therefrom, the payment shall
be made from any fund of the Issuer which is available for that purpose, subject to
reimbursement from the Bond Fund when the balance therein is sufficient, and the
City Council covenants and agrees that it will each year levy a sufficient amount of
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ad valorem taxes to take care of any accumulated or anticipated deficiency, which
levy is not subject to any constitutional or statutory limitation.
Section 5. Special Assessments. The Issuer hereby covenants and
agrees that, for the payment of the cost of improvements financed by the Bonds the
Issuer has done or will do and perform all acts and things necessary for the final and
valid levy of special assessments in an amount not less than 20% of the cost of each
of the improvements financed by the Bonds. The Issuer estimates it will levy
special assessments in the aggregate principal amount of $2,664,330. The principal of
the assessments shall be payable over varying periods (not in excess of fifteen
installments), with interest on unpaid installments thereof from time to time
remaining unpaid at an estimated rate of 8% per annum. It is estimated that the
principal and interest on such special assessments will be levied and collected in the
years and amounts shown on Appendix A attached hereto. In the event any such
assessment shall at any time be held invalid with respect to any lot or tract of land,
due to any error, defect or irregularity in any action or proceeding taken or to be
taken by the Issuer or by the City Council or by any of the officers or employees of
the Issuer, either in the making of such assessment or in the performance of any
condition precedent thereto, the Issuer hereby covenants and agrees that it will
forthwith do all such further things and take all such further proceedings as shall be
required by law to make such assessment a valid and binding lien upon said
property .
Section 6. Pledge of City Funds and Taxing Powers. For the prompt
and full payment of the principal of and interest on the Bonds as such payments
respectively become due, the full faith, credit and unlimited taxing powers of the
Issuer shall be and are hereby irrevocably pledged. It is estimated that the collections
of special assessments as set forth in Section 5 will produce amounts not less than
5% in excess of the amounts needed to meet when due the prinCipal and interest
payments on the Bonds, and therefore no ad valorem tax levy is required at this
time.
Section 7. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
Resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
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that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal, interest
and redemption premiums to become due thereon to maturity or earlier designated
redemption date.
.
Section 8. Registration of Bonds. The Clerk is hereby authorized and ~
directed to file a certified copy of this resolution with the County Auditor of
Washington County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register.
Section 9. Authentication of Transcript. The officers of the Issuer and
the County Auditor of Washington County are hereby authorized and directed to
prepare and furnish to the Purchaser and to Dorsey a Whitney, Bond Counsel,
certified copies of all proceedings and records relating to the Bonds and such other
affidavits, certificates and information as may be required to show the facts relating
to the legality and marketability of the Bonds, as the same appear from the books
and records in their custody and control or as otherwise known to them, and all
such certified copies, affidavits and certificates, including any heretofore furnished,
shall be deemed representations of the Issuer as to the correctness of all statements
contained therein.
Section 10. Official Statement. The Official Statement relating to the
Bonds, dated July 23, 1991, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof.
Section 11. Tax Covenant and Arbitrage Certificate.
(a) The Issuer covenants and agrees with the registered owners from
time to time of the Bonds herein authorized, that it will not take, or permit to be
taken by any of its officers, employees or agents, any action which would cause the
interest payable on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code) and regulations issued thereunder, in
effect at the time of such action, and that it will take, or it will cause its officers,
employees or agents to take, all affirmative actions within its powers which may be
necessary to insure that such interest will not become subject to taxation under the
Code and applicable Treasury Regulations, as presently existing or as hereafter
amended and I)1ade applicable to the Bonds.
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(b) The Mayor and Clerk being the officers of the Issuer charged with
the responsibility for issuing the Bonds pursuant to this resolution, are authorized
and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103-15
of the Regulations, stating that on the basis of facts, estimates and circumstances in
existence on the date of issue and delivery of the Bonds, it is reasonably expected
that the proceeds of the Bonds will not be used in a manner that would cause the
Bonds to be arbitrage bonds within the meaning of the Code and the applicable
regula tions.
Section 12. Arbitrage Rebate. The Issuer acknowledges that the Bonds
are subject to the rebate requirements of Section 148(f) of the Code. The Issuer
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 Bonds from gross income for federal income tax purposes, unless the Bonds
qualify for the exception from the rebate requirement under Section 148(f)(4)(C) of
the Code and no "gross proceeds" of the Bonds (other than amounts constituting a
"bona fide debt service fund") arise during or after the expenditure of the original
proceeds thereof. In furtherance of the foregoing, the Finance Director is hereby
authorized and directed to execute a Rebate Certificate, substantially in the form of
the Rebate Certificate currently on file in the office of the Clerk, and the Issuer
hereby covenants and agrees to observe and perform the covenants and agreements
contained therein, unless amended or terminated in accordance with the provisions
thereof.
Section 13. Oualified Tax-Exempt Obligations. The City Council hereby
designates the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b)(3) of the Code relating to the disallowance of interest expense for financial
institutions, and hereby finds that the reasonably anticipated amount of qualified
tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which
will be issued by the Issuer and all subordinate entities during calendar year 1991
does not exceed $10,000,000.
Mayor
ATTEST:
City Clerk
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The motion for the adoption of the foregoing resolution was duly
seconded by Member and upon vote being taken thereon,
the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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City~ Stillwater, Minnesota e e
Prepared June 25, 1991
$2,600,000 G.O. IMprovement Bonds, Series 1991A By SPRINGSTED Incorporat
1991 IMprovements
Dated: 9- 1-1991
Mature: 2- 1
First Interest: 8- 1-1992
Total Projected
Year of Year of Principal 105% Assessment Annual Cumulative
Levy Mat. Principal Rates Interest & Interest of Total Income Surplus Surplus
(1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1991 1993 200,000 5.40\ 232,'163 432,163 453,771 519,928 66,157 66,157
1992 1994 200,000 5.60\ 153,080 353,080 370,734 406,905 36,171 102,328
1993 1995 200,000 5.80\ 141,880 341,880 358,974 389,204 30,230 132,558
1994 1996 200,000 5.95% 130,280 330,280 346,794 372,513 25,719 158,277
1995 1997 200,000 6.10% 118,380 318,380 334,299 355,823 21,524 179,801
1996 1998 200,000 6.25\ 1 06 , 1 80 306 , 180 321,489 329,131 7,642 187,443
1997 1999 200,000 6.35% 93,680 293,680 308,364 303,240 0 182,319
1998 2000 200,000 6.45% 80,980 280,980 295,029 288,149 0 175,439
1999 2001 200,000 6.55% 68,080 268,080 281,484 273,056 0 167,011
2000 2002 200,000 6.70% 54,980 254,980 267,729 257,955 0 157,237
2001 2003 120,000 6.80% 41 ,580 161,580 169,659 189,820 20,161 177 ,398
2002 2004 120,000 6.90% 33,420 153,420 161,091 178,974 17 , 883 195,281
2003 2005 120,000 6.95% 25,140 145,140 152,397 168,127 15,730 211,011
2004 2006 120,000 7.00% 16,800 136,800 143,640 157,280 13,640 224,651
2005 2007 120,000 7.00% 8,400 128,400 134,820 146,434 ' 11 ,614 236,265
TOTALS: 2,600,000 1,305,023 3,905,023 4,100,274 4,336,539
Bond Years:
Avg. Maturity:
Avg. Annual Rate:
T. I. C. Rate:
19,883.33
7.65
6.563%
6.774%
Annual Interest:
Plus Discount:
Net Interest:
N.I.C. Rate:
1,305,023
39,000
1,344,023
6.760%
)>
"'0
"'0
m
Z
C
~
Interest rates are estimates; changes May cause significant alterations of this schedule.
The actual underwriter's discount bid may also vary.
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CERTIFICATION OF MINUTES RELATING TO
$650,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS,
SERIES 1991 B
Issuer: City of Stillwater, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held Tuesday, August 6,
1991, at 4:30 o'clock p.m., at the City Hall, Stillwater, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 91-
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $650,000 TAXABLE GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1991B
I, the undersigned, being the dilly qualified and acting recording officer
of the public corporation issuing the bonds referred to in the title of this certificate,
certify that the documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal custody, from
which they have been transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of said corporation,
and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to
said bonds; and that said meeting was duly held by the governing body at the time
and place and was attended throughout by the members indicated above, pursuant
to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer this
August, 1991.
day of
City Clerk
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The Clerk presented to the City Council affidavits showing publication
in the official newspaper and in the Northwestern Financial Review of a Notice of
Sale of $650,000 Taxable General Obligation Tax Increment Bonds, Series 1991B, of
the City, for which bids were to be considered at this meeting in accordance with the
resolution adopted by the City Council on July 2, 1991. The affidavits were
.
examined and found satisfactory and directed to he placed on file in the office of tht!
Clerk.
The Clerk reported that
sealed bids had been received at or
prior to the time stated in the Notice of Sale, and the bids having been opened,
publicly read and considered, were all found to conform to the Notice of Sale and
the Official Terms of Offering, and the highest and best bid of each bidder was found
to be as follows:
Name of Bidder
Interest
Rates
Total Interest Cost
And Net Average Rate
Purchase Price
(See next page)
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Councilmember
introduced the following
resolution and moved its adoption:
RESOLUTION NO. 91-
RESOLUTION AUTHORIZING ISSUANCE, A WARDING SALE, .
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $650,000 TAXABLE GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1991B
BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
(a) This Council, by Resolution No. 91-129, adopted July 2, 1991,
authorized the issuance and public sale of $650,000 Taxable General Obligation Tax
Increment Bonds, Series 1991B (the Bonds) of the Issuer to finance a portion of the
cost of acquiring land within the City's Development District No.1, as described in
Resolution No. 91-129.
(b) Notice of Sale has been duly published. Pursuant to the Official
Terms of Offering and the Notice of Sale, sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids have
been opened, publicly read and considered and the purchase price, interest rates and
net interest cost under the terms of each bid have been determined. The most
favorable bid received is that of
of I and associates (the Purchaser), to
purchase the Bonds at a price of $ plus accrued interest on all
Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
(C) The sale of the Bonds is hereby awarded to the Purchaser and the
Mayor and City Clerk are hereby authorized and directed to execute a contract on
behalf of the Issuer for the sale of the Bonds in accordance with the terms of the bid.
The good faith deposit of the Purchaser shall be retained and deposited by the Issuer
until the Bonds have been delivered, and shall be deducted from the purchase price
paid at settlement. The good faith deposits of other bidders shall be returned to
them forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. All acts, conditions and things which are
r.equired by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
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having been done, now existing, having happened and having been performed, it is
now necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations; and Payment. The
Bonds shall be originally dated as of September 1, 1991, shall be in the denomination
of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, and shall bear interest from date
of issue until paid, without option of redemption prior to maturity, at the annual
rates set forth opposite such years and amounts, as follows:
Year Amount Rate
1993 $ 80,000
1994 125,000
1995 145,000
1996 145,000
1997 155,000
The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond at the principal office of the Registrar described herein,
the principal amount thereof, shall be payable by check or draft issued by the
e Registrar described herein.
2.03. Dates and Interest Payment Dates. Each Bond shall bear a date of
original issue of September 1, 1991. Upon the initial delivery of the Bonds pursuant
to Section 2.07, and upon any subsequent transfer or exchange pursuant to Section
2.06, the date of authentication shall be noted on each Bond so delivered, exchanged
or transferred. Interest on the Bonds shall be payable on each February 1 and
August 1, commencing August 1, 1992, to the owners of record thereof as of the close
of business on the fifteenth day of the immediately preceding month, whether or
not such day is a business day.
2.04. Redemption. The Bonds shall not be subject to redemption prior
to maturity.
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2.05. Appointment of Initial Registrar. The Issuer hereby appoints
, in , Minnesota, as
the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor
and Clerk are authorized to execute and deliver, on behalf of the Issuer, a contract
with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company authorized by
law to conduct such business, such corporation shall be authorized to act as
succes~or Registrar. The Issuer agrees to pay the reasonable and customary charges
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of the Registrar for the services performed. The Issuer reserves the right to remove
the Registrar upon thirty days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds
in its possession to the successor Registrar and shall deliver the bond register to the
successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate
trust office a bond register in which the Registrar shall provide for the
registration of ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred or exchanged.
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(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter disposed
of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat
the person in whose name any Bond is at any time registered in the bond
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register as the absolute owner of the Bond, whether the Bond shall be
overdue or not, for the purpose of receiving payment of or on account of, the
. principal of and interest on the Bond and for all other purposes; and all
payments made to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon Bond to the
extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse ~he
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
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(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the Issuer and the Registrar shall be
named as obligees. All Bonds so surrendered to the Registrar shall be
cancelled by it and evidence of such cancellation shall be given to the Issuer.
If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
.' (i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision 1, as amended.
2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clerk and shall be executed on behalf of the
Issuer by the signatures of the Mayor and the Clerk, provided that the signatures
may be printed, engraved or lithographed facsimiles of the originals. In case any
officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on the Bond
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has been duly executed by the manual signature of an authorized representative of
the Registrar. Certificates of authentication on different Bonds need not be signed by
the same representative. The executed certificate of authentication on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been prepared, executed and authenticated, the
Finance Director shall deliver them to the Purchaser upon payment of the purchase
price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
2.08. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
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[Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
TAXABLE GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1991B
Rate
Maturity
Date
Date of
Original Issue
CUSIP
September 1, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The City of Stillwater, Washington County, Minnesota (the Issuer),
acknowledges itself to be indebted and hereby promises to pay to the registered
owner named above, or registered assigns, the principal sum specified above on the
maturity date specified above, without option of prior payment, with interest
thereon from the date hereof at the annual rate specified above, payable on
February 1 and August 1 in each year, commencing August 1, 1992, to the person in
whose name this Bond is registered at the close of business on the fifteenth day
(whether or not a business day) of the immediately preceding month. The interest
hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by
,in
,
as Bond Registrar, Transfer Agent and Paying Agent (the Registrar), or its designated
successor under the Resolution described herein. For the prompt and full payment
of such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same effect as though fully set
forth hereon.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives.
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Minnesota, by its City Council, has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be
dated as of the date set forth below.
CITY OF STILLWATER, MINNESOTA
(facsimile)
City Clerk
(facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
Date of Authentication:
as Registrar
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By
Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate principal amount of
$650,000, all of like date and tenor, except as to maturity date, interest rate and
denomination, issued pursuant to a resolution adopted by the City Council on
August 6, 1991 (the Resolution), to finance a portion of the cost of acquiring land
within the City's Development District No.1 and is issued pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapters 469 and 475. The Bonds are
issuable only in fully registered form, in denominations of $5,000 or any integral
multiple thereof, of single maturities.
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As provided in the Resolution and subject to certain limitations set
forth therein, this Bond is transferable upon the books of the Issuer at the principal
office of the Registrar, by the registered owner hereof in person or by the owner's
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
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owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Issuer and the Registrar may deem and treat the person in whose
name this Bond is registered as the absolute owner hereof, whether this Bond is
overdue or not, for the purpose of receiving payment and for all other purposes,
and neither the Issuer nor the Registrar shall be affected by any notice to the
contrary .
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IT IS HEREBY CERTIFIED, RECITED.., COVENANTED AND AGREED~
that all acts, conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Bond in order to make it a valid and binding general
obligation of the Issuer in accordance with its terms, have been done, do exist, have
happened and have been performed as so required; that, prior to the issuance hereof
the Issuer has duly established its Development District No.1 and has estimated the
amount of tax increments to be derived from tax increment districts therein, in
excess of the amount required to be used to pay other bonds payable therefrom, to be
collectible for the years and in amounts sufficient to produce sums not less than five
percent in excess of the principal of and interest on the Bonds when due, and has
appropriated the same to the payment of such principal and interest; that if
necessary for payment of such principal and interest, ad valorem taxes are required
to be levied upon all taxable property in the Issuer, without limitation as to rate or
amount; and that the issuance of this Bond, together with all other indebtedness of
the Issuer outstanding on the date hereof and on the date of its actual issuance and
delivery, does not cause the indebtedness of the Issuer to exceed any constitutional,
charter or statutory limitation of indebtedness.
Form of certificate to be printed on the reverse side of each Bond, following a full
copy of the legal opinion:
We certify that the above is a full, true and correct copy of the legal opinion
rendered by Bond Counsel on the issue of Bonds of the City of Stillwater,
Washington County, Minnesota, which includes the within Bond, dated as of the
date of original delivery of and payment for the Bonds.
(Facsimile Signature)
City Clerk
(Facsimile Signature)
Mayor
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The following abbreviations, when used in the inscription on the face
of this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants
in common
UTMA . . . . . . . .as Custodian for. . . . . . . . .
(Cust) (Minor)
JT TEN
under Uniform Transfers to Minors
Act................................... .
(State)
--as joint tenants with right of survivorship and not as tenants in common
TEN ENT - as tenants
by entireties
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said Bond
on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
NOTICE: The assignor's signature to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
without alteration or enlargement or
any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by a commercial bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
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Section 3. Security Provisions.
Section 3.01. Construction Fund. There is hereby established on the
official books and records of the Issuer a Tax Increment Bond, Series 1991B
Construction Fund (the Construction Fund), and the Finance Director shall
continue to maintain the Construction Fund until payment of all land acquisition
costs financed by the Bonds have been paid. To the Construction Fund there shall
be credited $642,200 from the proceeds of the Bonds. After payment of all land
acquisition costs, the Construction Fund shall be discontinued and any Bond
proceeds remaining therein shall be transferred to the Tax Increment Bond, Series
1991B Sinking Fund of the Issuer.
Section 3.02. Bond Fund. So long as any of the Bonds are outstanding
and any principal of or interest thereon unpaid, the Finance Director shall maintain
a separate debt service fund on the official books and records of the Issuer to be
known as the Tax Increment Bond, Series 1991B Sinking Fund (the Bond Fund), and
the principal of and interest on the Bonds shall be payable from the Bond Fund.
The Issuer irrevocably appropriates to the Bond Fund (a) all proceeds of the Bonds
in excess of $642,200 received from the original purchaser; (b) the ad valorem tax
increments described in Section 3.03; and (c) any excess Bond proceeds as described
in Section 3.01. The moneys on hand in the Bond Fund from time to time shall be
used solely to pay the principal of and interest on the Bonds.
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Section 3.03. Pledge of Tax Increments. Tax increments to be derived
by the Issuer from tax increment districts within Development District No.1 are
pledged and appropriated for the payment of the principal of and interest on the
Bonds, and so much thereof as is necessary for this purpose shall be deposited in the
Bond Fund. Such pledge and appropriation is on a parity as to both principal and
interest with the pledge and appropriation of such tax increments made previously
for the payment of other bonds of the Issuer. The Council hereby determines that
such tax increments will be sufficient to pay all principal and interest on all bonds to
which they are pledged, so an ad valorem tax levy is not presently required.
Section 3.04. Additional Bonds. The Issuer reserves the right to issue
such additional general obligation tax increment bonds as may be required to
finance costs of other projects to be undertaken by the Issuer within Development
District No.1, and to make such additional bonds and the interest thereon payable
from the tax increments derived from the tax increment districts within
Development District No. 1 on a parity as to both principal and interest with the
Bonds herein authorized and all other bonds payable therefrom.
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Section 4. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
Resolution to the registered owners of the Bonds shall cease. The Issuer may
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discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow
agent for this purpose, cash or securities which are authorized by law to be so
deposited, bearing interest payable at such time and at such rates and maturing or
callable at the holder's option on such dates as shall be required to pay all principal,~
. interest and redemption premiums to become due thereon to maturity.
Section 5. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Washington County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register.
Section 6. Authentication of Transcript. The officers of the Issuer and
the County Auditor of Washington County are hereby authorized and directed to
prepare and furnish to the Purchaser and to Dorsey a Whitney, Bond Counsel,
certified copies of all proceedings and records relating to the Bonds and such other
affidavits, certificates and information as may be required to show the facts relating
to the legality and marketability of the Bonds, as the same appear from the books
and records in their custody and control or as otherwise known to them, and all
such certified copies, affidavits and certificates, including any heretofore furnished,
shall be deemed representations of the Issuer as to the correctness of all statements
contained therein.
Section 7. Official Statement. The Official Statement relating to the
Bonds, dated July 23, 1991, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof.
Mayor
ATTEST:
City Clerk
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The motion for the adoption of the foregoing resolution was duly
seconded by Member and upon vote being taken thereon,
the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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CERTIFICATION OF MINUTES RELATING TO
$3,400,000 GENERAL OBLIGATION TAX INCREMENT BONDS,
SERIES 1991C
Issuer: City of Stillwater, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held Tuesday, August 6,
1991, at 4:30 o'clock p.m., at the City Hall, Stillwater, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 91-
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $3,400,000 GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1991C
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the bonds referred to in the title of this certificate,
certify that the documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal custody, from
which they have been transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of said corporation,
and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to
said bonds; and that said meeting was duly held by the governing body at the time
and place and was attended throughout by the members indicated above, pursuant
to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer this
August, 1991.
day of
City Clerk
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The Clerk presented to the City Council affidavits showing publication
in the official newspaper and in the Northwestern Financial Review of a Notice of
Sale of $3,400,000 General Obligation Tax Increment Bonds, Series 1991C, of the City,
for which bids were to be considered at this meeting in accordance with the
resolution adopted by the City Council on July 2, 1991. The affidavits were
examined and found satisfactory and directed to he placed on file in the office of the
Clerk.
The Clerk reported that
sealed bids had been received at or
prior to the time stated in the Notice of Sale, and the bids having been opened,
publicly read and considered, were all found to conform to the Notice of Sale and
the Official Terms of Offering, and the highest and best bid of each bidder was found
to be as follows:
Name of Bidder
Interest
Rates
Total Interest Cost
And Net Average Rate
Purchase Price
(See next page)
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Councilmember
introduced the following
resolution and moved its adoption:
RESOLUTION NO. 91-
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $3,400,000 GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1991C
BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
(a) This Council, by Resolution No. 91-129, adopted July 2, 1991,
authorized the issuance and public sale of $3,400,000 General Obligation Tax
Increment Bonds, Series 1991C (the Bonds) of the Issuer to finance a portion of the
eligible public improvement costs of Development District No.1 in the City, as
described in Resolution No. 91-129.
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(b) Notice of Sale has been duly published. Pursuant to the Official
Terms of Offering and the Notice of Sale, sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids have
been opened, publicly read and considered and the purchase price, interest rates and
net interest cost under the terms of each bid have been determined. The most
favorable bid received is that of
of , and associates (the Purchaser),
to purchase the Bonds at a price of $ plus accrued interest on
all Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
(c) The sale of the Bonds is hereby awarded to the Purchaser and the
Mayor and City Clerk are hereby authorized and directed to execute a contract on
behalf of the Issuer for the sale of the Bonds in accordance with the terms of the bid.
The good faith deposit of the Purchaser shall be retained and deposited by the Issuer
until the Bonds have been delivered, and shall be deducted from the purchase price
paid at settlement. The good faith deposits of other bidders shall be returned to
them forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. All acts, conditions and things which are
e r~quired by the Constitution and laws of the State of Minnesota to be done, to exist,
It
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, now existing, having happened and having been performed, it is
now necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations; and Payment. The
Bonds shall be originally dated as of September 1, 1991, shall be in the denomination
of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, and shall bear interest from date
of issue until paid or duly called for redemption at the annual rates set forth
opposite such years and amounts, as follows:
Year Amoun t Rate Year Amoun t Rate
1997 $ 75,000 2003 $335,000
1998 245,000 2004 360,000
1999 260,000 2005 385,000
2000 280,000 2006 410,000
2001 295,000 2007 440,000
2002 315,000
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For purposes of complying with the maturity provisions of Minnesota Statutes,
Section 475.54, subd. 1, the Bonds shall be combined with the issue of $2,600,000
General Obligation Improvement Bonds, Series 1991A, dated September 1, 1991, of
the Issuer.
The Bonds shall be issuable only in fully registered form. The interest
thereon and, upon surrender of each Bond at the principal office of the Registrar
described herein, the principal amount thereof, shall be payable by check or draft
issued by the Registrar described herein.
2.03. Dates and Interest Payment Dates. Each Bond shall bear a date of
original issue of September 1, 1991. Upon the initial delivery of the Bonds pursuant
to Section 2.07, and upon any subsequent transfer or exchange pursuant to Section
2.06, the date of authentication shall be noted on each Bond so delivered, exchanged
or transferred. Interest on the Bonds shall be payable on each February 1 and
August 1, commencing August 1, 1992, to the owners of record thereof as of the close
of business on the fifteenth day of the immediately preceding month, whether or
not such day is a business day.
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2.04. Redemption. Bonds maturing in the years 1997 through 2001
shall not be subject to redemption prior to maturity, but Bonds maturing in 2002
and later years shall be subject to redemption and prepayment at the option of the
Issuer, in whole or in part, in such order as the Issuer shall determine and within a
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maturity by lot as selected by the Registrar in multiples of $5,000, on February 1,
2001, and on any date thereafter, at a price equal to the principal amount thereof and
. accrued interest to the date of redemption. The Clerk shall cause notice of the call
for redemption thereof to be published as required by law, and at least thirty days
prior to the designated redemption date, shall cause notice of call for redemption to
be mailed, by first class mail, to the registered holders of any Bonds to be redeemed
at their addresses as they appear on the bond register described in Section 2.06
hereof, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by
such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, ~
become due and payable at the redemption price therein specified and from and
after such date (unless the Issuer shall default in the payment of the redemption
price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the owner
without charge, representing the remaining principal amount outstanding.
2.05. Appointment of Initial Registrar. The Issuer hereby appoints
, in , Minnesota, as
the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor
and Clerk are authorized to execute and deliver, on behalf of the Issuer, a contract
with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company authorized by
law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The Issuer agrees to pay the reasonable and customary charges
of the Registrar for the services performed. The Issuer reserves the right to remove
the Registrar upon thirty days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds
in its possession to the successor Registrar and shall deliver the bond register to the
successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
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the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter disposed
of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
una u thorized.
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(f) Persons Deemed Owners. The Issuer and the Registrar may treat
the person in whose name any Bond is at any time registered in the bond
register as the absolute owner of the Bond, whether the Bond shall be
overdue or not, for the purpose of receiving payment of or on account of, the
principal of and interest on the Bond and for all other purposes; and all
payments made to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon Bond to the
extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
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(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
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connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the Issuer and the Registrar shall be
named as obligees. All Bonds so surrendered to the Registrar shall be
cancelled by it and evidence of such cancellation shall be given to the Issuer.
If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
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(i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision 1, as amended.
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2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clerk and shall be executed on behalf of the
Issuer by the signatures of the Mayor and the Clerk, provided that the signatures
may be printed, engraved or lithographed facsimiles of the originals. In case any
officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on the Bond
has been duly executed by the manual signature of an authorized representative of
the Registrar. Certificates of authentication on different Bonds need not be signed by
the same representative. The executed certificate of authentication on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been prepared, executed and authenticated, the
Finance Director shall deliver them to the Purchaser upon payment of the purchase
price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
2.08. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
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[Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1991C
Rate
Maturity
Date
Qate of
Original Issue
CUSIP
September 1, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The City of Stillwater, Washington County, Minnesota (the Issuer),
acknowledges itself to be indebted and hereby promises to pay to the registered
owner named above, or registered assigns, the principal sum specified above on the
maturity date specified above, with interest thereon from the date hereof at the
annual rate specified above, payable on February 1 and August 1 in each year,
commencing August 1, 1992, to the person in whose name this Bond is registered at
the close of business on the fifteenth day (whether or not a business day) of the
immediately preceding month, all subject to the provisions referred to herein with
respect to the redemption of the principal of this Bond before maturity. The interest
hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by
,in
,
as Bond Registrar, Transfer Agent and Paying Agent (the Registrar), or its designated
successor under the Resolution described herein. For the prompt and full payment
of such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same effect as though fully set
forth hereon.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives.
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Minnesota, by its City Council, has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be
dated as of the date set forth below.
CITY OF STILLWATER, MINNESOTA
(facsimile)
City Clerk
(facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
. Date of Authentication:
as Registrar
By
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Authorized Representative
(Reverse of the Bonds]
This Bond is one of an issue in the aggregate principal amount of
$3,400,000, all of like date and tenor, except as to maturity date, interest rate,
denomination and redemption privilege, issued pursuant to a resolution adopted by
the City Council on August 6, 1991 (the Resolution), to finance a portion of the cost
of eligible public improvements within Development District No.1 in the City, and
is issued pursuant to and in full conformity with the Constitution and laws of the
State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 469
and 475. The Bonds are issuable only in fully registered form, in denominations of
$5,000 or any integral multiple thereof, of single maturities.
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Bonds of this issue maturing in 2001 and earlier years are payable on
their respective stated maturity dates without option of prior payment, but Bonds
having stated maturity dates in 2002 and later years are each subject to redemption
and prepayment at the option of the Issuer, in whole or in part, in such order as the
Issuer shall determine and, within a maturity, by lot as selected by the Registrar in
multiples of $5,000 on February 1, 2001, and on any date thereafter, at a price equal to
the principal amount thereof plus interest accrued to the date of redemption. The
Issuer will cause notice of the call for redemption to be published as required by law
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and, at least thirty days prior to the designated redemption date, will cause notice of
the call thereof to be mailed by first class mail to the registered owner of any Bond to
be redeemed at the owner's address as it appears on the bond register maintained by
the Registrar, but no defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of any Bond not affected
by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified,
and from and after such date (unless the Issuer shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear intere$t.
Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount
outstanding.
The Bonds have been designated as "qualified tax-exempt obligations"
pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set
forth therein, this Bond is transferable upon the books of the Issuer at the principal
office of the Registrar, by the registered owner hereof in person or by the owner's
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Issuer and the Registrar may deem and treat the person in whose
name t~s Bond is registered as the absolute owner hereof, whether this Bond is
overdue or not, for the purpose of receiving payment and for all other purposes,
and neither the Issuer nor the Registrar shall be affected by any notice to the
contrary .
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Bond in order to make it a valid and binding general
obligation of the Issuer in accordance with its terms, have been done, do exist, have
happened and have been performed as so required; that, prior to the issuance hereof
the Issuer has duly established its Development District No.1 and has estimated the
amount of tax increments to be derived from tax increment districts therein, in
excess of the amount required to be used to pay other bonds payable therefrom, to be
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collectible for the years and in amounts sufficient to produce sums not less than five
percent in excess of the principal of and interest on the Bonds when due, and has
appropriated the same to the payment of such principal and interest; that if
necessary for payment of such principal and interest, ad valorem taxes are required
to be levied upon all taxable property in the Issuer, without limitation as to rate or
amount; and that the issuance of this Bond, together with all other indebtedness of
the Issuer outstanding on the date hereof and on the date of its actual issuance and
delivery, does not cause the indebtedness of the Issuer to exceed any constitutional,
charter or statutory limitation of indebtedness.
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Form of certificate to be printed on the reverse side of each Bond,
following a full copy of the legal opinion:
We certify that the above is a full, true and correct copy of the legal
opinion rendered by Bond Counsel on the issue of Bonds of the City of Stillwater,
Washington County, Minnesota, which includes the within Bond, dated as of the
date of original delivery of and payment for the Bonds.
(Facsimile Signature)
City Clerk
(Facsimile Signature)
Mayor
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The following abbreviations, when used in the inscription on the face
of this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM -- as tenants
in common
UTMA...... .asCustodianfor.........
(Cust) (Minor)
TEN ENT -- as tenants
by entireties
under Uniform Transfers to Minors
Act................................. .
(State)
--as joint tenants with right of survivorship and not as tenants in common
IT TEN
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said Bond
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on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
Signature(s) must be
guaranteed by a commercial
bank or trust company or by
a brokerage firm having a
membership in one of the
major stock exchanges.
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PLEASE INSERT SOCIAL
SECURITY OR OTHER
IDENTIFYING NUMBER OF
ASSIGNEE:
II
NOTICE: The assignor's signature to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
without alteration or enlargem~nt or
any change whatsoever.
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Section 3. Security Provisions.
Section 3.01. Construction Fund. There is hereby established on the
official books and records of the Issuer a Tax Increment Bond, Series 1991C
Construction Fund (the Construction Fund), and the Finance Director shall
continue to maintain the Construction Fund until payment of all capital costs of the
public improvements have been paid. To the Construction Fund there shall be
credited from the proceeds of the Bonds the sum of $3,349,000 and from the
Construction Fund there shall be paid all construction costs and expenses. After
payment of all construction costs and expenses, the Construction Fund shall. be
discontinued and any Bond proceeds remaining therein shall be transferred to the ~
Tax Increment Bond, Series 1991C Sinking Fund of the Issuer. All improvements so
financed will be owned and maintained by the Issuer and available for use by
members of the general public on a substantially equal basis. The Issuer shall not
enter into any lease, use or other agreement with any non-governmental person
relating to the use of the improvements or security for the payment of the Bonds
which might cause the Bonds to be considered "private activity bonds" or "private
loan bonds" pursuant to Section 141 of the Internal Revenue Code of 1986, as
amended (the Code).
Section 3.02. Bond Fund. So long as any of the Bonds are outstanding
and any principal of or interest thereon unpaid, the Finance Director shall maintain
a separate debt service fund on the official books and records of the Issuer to be
known as the Tax Increment Bond, Series 1991C Sinking Fund (the Bond Fund), and
the principal of and interest on the Bonds shall be payable from the Bond Fund.
The Issuer irrevocably appropriates to the Bond Fund (a) all proceeds in excess of
$3,349,000 received from the original purchaser; (b) the ad valorem tax increments
described in Section 3.03; and (c) any excess Bond proceeds as described in Section
3.01. The moneys on hand in the Bond Fund from time to time shall be used solely
to pay the principal of and interest on the Bonds.
Section 3.03. Pledge of Tax Increments. Tax increments to be derived
by the Issuer from tax increment financing districts within Development District
No. 1 are pledged and appropriated for the payment of the principal of and interest
on the Bonds and so much thereof as is necessary for this purpose shall be deposited
in the Bond Fund. Such pledge and appropriation is on a parity as to both principal
and interest with the pledge and appropriation of such tax increments made
previously for the payment of other bonds of the Issuer. The Council hereby
determines that such tax increments will be sufficient to pay all principal and
interest on all bonds to which they are pledged, so an ad valorem tax levy is not
presently required.
Section 3.04. Addi tional Bonds. The Issuer reserves the right to issue
such additional general obligation tax increment bonds as may be required to
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finance costs of other projects to be undertaken by the Issuer within the
Development District No.1, and to make such additional bonds and the interest
thereon payable from the tax increments derived from the tax increment districts
within Development District No. 1 on a parity as to both principal and interest with
the Bonds herein authorized and all other bonds payable therefrom.
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Section 4. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
Resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal, interest
and redemption premiums to become due thereon to maturity or earlier designated
redemption date.
Section 5. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Washington County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register.
Section 6. Authentication of Transcript. The officers of the Issuer and
the County Auditor of Washington County are hereby authorized and directed to
prepare and furnish to the Purchaser and to Dorsey a Whitney, Bond Counsel,
certified copies of all proceedings and records relating to the Bonds and such other
affidavits, certificates and information as may be required to show the facts relating
to the legality and marketability of the Bonds, as the same appear from the books
and records in their custody and control or as otherwise known to them, and all
such certified copies, affidavits and certificates, including any heretofore furnished,
shall be deemed representations of the Issuer as to the correctness of all statements
contained therein.
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Bonds, dated July 23, 1991, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof.
Section 8. Tax Covenant and Arbitrage Certificate.
(a) The Issuer covenants and agrees with the registered owners from
time to time of the Bonds herein authorized, that it will not take, or permit to be -
taken by any of its officers, employees or agents, any action which would cause the
interest payable on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code) and regulations issued thereunder, in
effect at the time of such action, and that it will take, or it will cause its officers,
employees or agents to take, all affirmative actions within its powers which may be
necessary to insure that such interest will not become subject to taxation under the
Code and applicable Treasury Regulations, as presently existing or as hereafter
amended and made applicable to the Bonds.
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(b) The Mayor and Clerk being the officers of the Issuer charged with
the responsibility for issuing the Bonds pursuant to this resolution, are authorized
and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103-15
of the Regulations, stating that on the basis of facts, estimates and circumstances in
existence on the date of issue and delivery of the Bonds, it is reasonably expected
that the proceeds of the Bonds will not be used in a manner that would cause the
Bonds to be arbitrage bonds within the meaning of the Code and the applicable
regulations.
. Section 9. Arbitrage Rebate. The Issuer acknowledges that the Bonds
are subject to the rebate requirements of Section 148(f) of the Code. The Issuer
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 Bonds from gross income for federal income tax purposes, unless the Bonds
qualify for the exception from the rebate requirement under Section 148(f)(4)(C) of
the Code and no "gross proceeds" of the Bonds (other than amounts constituting a
"bona fide debt service fund") arise during or after the expenditure of the original
proceeds thereof. In furtherance of the foregoing, the Finance Director is hereby
authorized and directed to execute a Rebate Certificate, substantially in the form of
the Rebate Certificate currently on file in the office of the Clerk, and the Issuer
hereby covenants and agrees to observe and perform the covenants and agreements
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contained therein, unless amended or terminated in accordance with the provisions
thereof.
Section 10. Oualified Tax-Exempt Obligations. The City Council hereby
designates the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b)(3) of the Code relating to the disallowance of interest expense for financial
institutions, and hereby finds that the reasonably anticipated amount of qualified
tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which
will be issued by the Issuer and all subordinate entities during calendar year 1991
does not exceed $10,000,000.
Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Member
and upon vote being taken thereon,
the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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~il,~ate~
THE BIRTHPLACE OF MINNESOTA ~
NOTICE OF MEETING
TO: Owners of Property and Their Electrical Contractors along Streets (Water
Street, Nelson to Mulberry and Main Street, Mulberry to Laurel Street)
where utility Lines (electrical, telephone, cable TV) will be undergrounded
FR: steve Russell, Community Developm~nt Director
DA: August 6, 1991
RE:
MEETING THURSDAY, AUGUST 8, 1991, AT 3 P.M. AT CUB FOODS (LUMBERMAN
BUILDING) CONFERENCE ROOM ON THE CORNER OF WATER AND CHESTNUT STREETS,
REGARDING UTILITY UNDKRGROUNDING PLANS
Effected property owners and their electrical contractors are urged to attend
a meeting to coordinate the underground electrical service connectionwithNSP
work. NSP, staff, the state Electrical Inspector and SEH, the project engineers,
will be present.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
.
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MEMORANDUM
TO:
Mayor and City Council
FR:
steve Russell, Community Development Director
DA:
August 6, 1991
RE:
REMOVAL OF CURBING
Last week curbing was constructed along Water Street from Chestnut to Myrtle.
The curbing is a minimum of 5 foot, 6 inches from the closest building along
Water street (see attached map). It is suggested that the curbing be removed
and reconstructed 1 foot to the east increasing the minimum clearance to 6 foot,
6 inches (the previous width of the sidewalk).
Also, the owner of the Commander Elevator has requested that the sidewalk be
widened two feet to allow room for construction of steps and a wider sidewalk.
The road width would then be 42 feet, adequate for two travel lanes and one
parking lane (see map). \
The cost of these two cases is $1,110.
e Recommendation: Approval
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
July 2, 1991
4:30 p.m.
The meeting was called to order by Mayor Abrahamson.
Present: Councilmembers Bodlovick, Farrell, Funke, Opheim
(arrived at 4:40), and Mayor Abrahamson.
Absent: None
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Peters
City Planner Pung-Terwedo
Parks Supervisor Thomsen
Public Safety Director Mawhorter
Fire Chief Seim
Public Works Director Junker
Building Official Zepper
Finance Director Deblon
Recording Secretary Schaubach
Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
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STAFF REPORTS
1. Public Safety Director -
Request for Purchases with Auction Funds
Mr. Mawhorter reported that the City will receive $7,000
from the auction of three police cars on June 17. The staff
wishes to purchase a mobile radio for $1,297, two radar units
for $2,950, and two emergency equipment change overs at $700,
using the auction funds.
Motion by Councilmember Funke, seconded by Councilmember Farrell
to approve the equipment purchase as requested by the Public
Safety Director. (All in favor)
(Councilmember Opheim arrived)
D.A.R.E. Program
Mr. Mawhorter discussed instituting the D.A.R.E. program in
Stillwater schools at an approximate cost of $3,300 for
materials. There is a two-week training program for officers
which is free.
e
Motion by Councilmember Funke, seconded by Councilmember Opheim
to approve the D.A.R.E. program in Stillwater schools, and to
begin training of officers using the forfeiture fund. (All in
favor)
Schedule for Part-time Officers
1
stillwater City Council Minutes ~
Regular Meeting
July 2, 1991 I
Mr. Mawhor~er discussed the part-time officers' schedule for
the month 9f July, which has been increased because of the
traffic pr~blems created by the street reconstruction.
Council disqussed whether the cost of the additional hours of
these Offi~ers could be designated as a project cost. City
Attorney M gnuson will look into the matter. Council also
discussed he enforcement of no alcoholic beverages in the
parks. Mr. Mawhorter will discuss with City Planner pung-
Terwedo th~ possibility of placing "No Alcoholic Beverages"
signs in th~ parks.
I
2. Public Works Director -
Advertise for Bids for New Grader
Motion by Councilmember Opheim, seconded by Councilmember Funke
to advertise for bids for a new grader for the Public Works
Department. (AliI in favor)
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Ai pile Prooerty
dirbcted Mr. Junker to leave the crane on the Aiple
and let Mr. Aiple dismantle and dispose of it.
Crane on
Council
property
Motion
Funke
bricks
future
Old Bricks from Downtown streets
Mr. Junker i discussed the possibility of selling
bricks fro~' the downtown street reconstruction.
agreed that Stillwater residents should be given the
if requested.
,
I
by Coun~ilmember Bodlovick, seconded by Councilmember
that stilllwater citizens be allowed to take up to 200
each, and that ten truckloads of bricks be saved for
City use.1 (All in favor)
the old
Council
bricks
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Treatment of Pond at Echo Lane and Sunnyslooe Lane
Mr. Junker reported that the pond at Echo Lane and Sunnyslope
Lane is greee with duckweed, and the pond could be treated at
a cost of $7' 6. Council will take action on this at a later
time.
Outlet Drain at 1040 S camore
Mr. Junker reported that the outlet drain for two catch
basins runs seven feet from the house at 1040 Sycamore. Mr.
Junker belie es that the drain easement was placed too close
to the house.
Motion by Coun~ilmember Bodlovick, seconded by Councilmember
Funke to direc~ the City's Consulting Engineer to look at the
placement of the outlet drain at 1040 Sycamore. (All in favor)
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Hudson Stree lm rovements
Motion by Coun ilmember Bodlovick,
Farrell to award the contract2for
seconded by Councilmember
the $4,000 improvement of
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stillwater City Council Minutes
Regular Meeting
July 2, 1991
Hudson street to Tower Asphalt contingent upon the receipt of
signed waivers of assessment from the affected property owners.
(All in favor)
3. Community Development Director -
Certificate of Occupancy for Cottaqes of Stillwater Phase III
City Planner Pung-Terwedo reported that the Certificate of
Occupancy cannot be issued because the landscaping is not
complete at this time, which was a condition of approval.
City Attorney Magnuson reported that all money for
landscaping is escrowed. Mayor Abrahamson reported that the
builder will have landscaping completed by Friday, except for
sod, and he will inspect the property at 4:00 p.m. on Friday
in order for a temporary Certificate of Occupancy to be
issued. The Certificate affects only the Northeast building.
Motion by Councilmember Farrell, seconded by Councilmember Funke
to grant the Mayor permission to inspect the Cottages of
Stillwater, Phase III, and issue a temporary Certificate of
Occupancy if all conditions are met. (All in favor)
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4. Consultinq Enqineer -
Raisinq of Manholes alonq County Road 12
Mr. Peters reported that the two manholes along County Road
12 could be raised at a cost of $543.80.
Motion by Councilmember Funke, seconded by
Bodlovick to approve the raising of two manholes
Road 12, west of Deerpath. (All in favor)
Councilmember
along County
Temporary closinq of Main Street
Motion by Councilmember Funke, seconded by Councilmember
Bodlovick to adopt the appropriate Resolution approving the
closing of Main Street for reconstruction for July 1 through 18,
except for the Fourth of July. (Resolution No. 91-128)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and
Mayor Abrahamson
Nays - None
5. Fire Chief -
Promotion of Jeff Cutler
Motion by Councilmember Opheim, seconded by Councilmember Funke
to adopt the appropriate Resolution promoting Volunteer
Firefighter Jeff Cutler to the rank of engineer. (Resolution No.
91-130)
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Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and
Mayor Abrahamson
Nays - None
3
stillwater City Council Minutes
I
Regular Meeting
July 2, 1991
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Buildinq Offici~l -
Reoort on Incre~se in Buildinq Permits
Mr. Zepper reported that last year at this time there
$6,354,000 in I building activity; this year the amount
$16,600,000. ~ast year at this time, the department
taken in $41,POO in building permit fees; this year
amount is $118,p26.
Annual Buildin Official's Conference
Motion by Councilm~mber Funke, seconded by Councilmember Opheim
to approve the attepdance of the City's Building Official at the
annual conference ~n Spokane from September 5 through September
13. (All in favor)1
7. City Attorney -I
Notice Re uirem nts for Gaiba e Contract
Mr. Magnuson r ported that the garbage contract now in force
in the City exp"res on June 30, 1992. If the City wishes to
change haulers r open the process to competitive bidding, it
is necessary, t least 180 days before the implementing of a
new contract, or the City Council to announce its intent to
do so and to i vite the participation of interested persons, ..
including persops licensed to operate collection services, to ..
help plan the n~w collection system.
6.
was
is
had
the
Purchase of Glapier Park Prooerty
Mr. Magnuson r~ported on the closing of the purchase of the
Mulberry Point I roperty. The City is obligated to pay a deed
tax of $3,300 t record the deed.
Motion by
Opheim to
$3,300 for
Council ember Bodlovick, seconded by Councilmember
approve the payment of the deed tax in the amount of
the Glac~er Park property. (All in favor)
I
Prohibition of Wild Animals in City
Mr. Magnuson ~eported that there
prohibitions t~at would apply to
animals. The DN~ requires proof that
from a game farr.
8. Parks and Recreation -
Purchase of Pla~qrOUnd Equioment
Motion by Councilm. mber Ophelm, seconded by Councllmember Funke
to adopt the approtriate Resolution approving the request of the
Parks Supervisor to obtain the balance of the capital outlay for
cushioning materia for playground equipment in the amount of
$18,000. (Resolutipn No. 91-131)
are no State or Federal
the ownership of wild
the animal was purchased
Ayes - Councilmembe~s Bodlovick, Farrell, Funke, Opheim, and
Mayor Abrahamson
Nays - None
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stillwater City Council Minutes
Regular Meeting
July 2, 1991
Fishinq Pier at Lily Lake
Mr. Thomsen reported that the City was forced to remove the
fishing pier on Lily Lake due to deterioration. The dock had
originally been donated by the River Valley Lions.
Motion by Councilmember Opheim, seconded by Councilmember Farrell
to authorize staff to prepare a letter soliciting donations from
organizations to fund a new fishing pier on Lily Lake. (All in
favor)
9. City Coordinator -
Floodinq at Knollwood Court
Motion by Councilmember Opheim, seconded by Councilmember Funke
to direct the City's Consulting Engineers to work with the Public
Works Director and assess the flooding situation at Knollwood
Court and make a recommendation. (All in favor)
Downtown Parkinq Situation
Mr. Kriesel reported that the City has received many calls
and complaints regarding the parking problems downtown during
the reconstruction.
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RECESS
Motion by Councilmember Bodlovick, seconded by Councilmember
Farrell to recess the meeting at 5:45 p.m. (All in favor)
MAYOR
ATTEST:
CITY CLERK
Resolutions:
No. 91-128 - Temporary closing of Main Street for reconstruction
No. 91-130 - Promoting Jeff Cutler to rank of Engineer
No. 91-131 - Approving capital outlay request of Parks Dept.
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RECESSED MEETING
STILLWATER CITY COUNCIL
MINUTES
July 2, 1991
7:00 p.m.
The meeting was called to order by Mayor Abrahamson.
Recording Secretary Schaubach gave the Invocation.
Present: Councilmembers Bodlovick, Farrell, Funke, Opheim,
and Mayor Abrahamson
Absent: None
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
City Planner Pung-Terwedo
Consulting Engineer Peters
Planning Comm. Chairman Fontaine
Recording Secretary Schaubach
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Mary Alden, st. Croix Valley Press
Others:
Steve Zinnel, Richard Sauers, Pete Bergerson, Bob
Duerr, Dennis Sullivan, Joan Norman
APPROVAL OF MINUTES
Motion by Councilmember Funke, seconded by Councilmember Farrell
to approve the minutes of the Special Meeting of June 10, 1991,
and the Special and Regular Meetings of June 18, 1991 as
presented. (All in favor)
PUBLIC HEARINGS
1.
This is the day and time for the Public Hearing to consider a
Variance to the Sign Ordinance for the placement of a
fourteen sq. ft. sign below an existing pylon sign at 2000
Northwestern Ave. in the BP-C, Business Pk.-Commercial Dist.,
Nordquist Sign Co. for Norwest Bank, Applicant. Case No.
V/91-29.
Notice of the hearing was published in The Courier on
June 20, 1991 and mailed to affected property owners.
Ms. Pung-Terwedo stated that staff recommended approval and
the Planning Commission recommended denial. Mr. Fontaine
explained that the Planning Commission did not see a hardship
in this case and could not justify the additional signage. He
also stated that the Planning Commission is concerned that
the recently revised sign ordinance may be too restrictive.
Steve Zinnel, President of
explained that the request is
Norwest Bank in Stillwater,
for an approximately 4X4 foot
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stillwater City Council Minutes
Recessed Meeting
July 2, 1991
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Instant Cash lo~o sign. He also stated that he considers the
sign more of a ,ervice to the public rather than advertising
because the Imstant Cash machine is used by more than just
Norwest custom$rs. Because of the large amount of frontage
the Norwest B~nk owns along Highway 36, there is not a
proliferation 0 signs in that area. Mayor Abrahamson closed
the public hear ng.
Motion by Counci member Funke, seconded by Councilmember
Bodlovick to appr ve the request of Nordquist Sign Co. for
Norwest Bank for alvariance to the sign ordinance, Case. No.
V/91-29. (Ayes - 4f Nays - 1, Councilmember Farrell)
Motion by Councilm~mber Opheim, seconded by Councilmember Funke
to reevaluate the e*isting sign ordinance. (All in favor)
2. This is the dayland time for the Public Hearing to consider a
Variance to tht. rear and sideyard setback requirements (one
ft. rearyard and one ft. sideyard requested) for the
construction of a 704 sq. ft. garage at 222 W. Willard st. in
the RB, Two amily Residential Dist., Eugene & Kathleen
Leatherman, App icants. Case No. V/91-32.
Notice oflthe hearing was published in The Courier on tt
June 20, 1991 a~d mailed to affected property owners.
i
Mr. Fontaine reported that the Planning Commission approved
the request una imously. Mayor Abrahamson closed the public
hearing.
i
Motion by counCilfember Bodlovick, seconded by Councilmember
Funke to approve he request by Eugene and Kathleen Leatherman
for a variance to the rear and sideyard setback requirements,
Case No. V/91-32. I. All in favor)
UNFINISHED BUSINESSf
1. Possible secon reading of an Ordinance amending the City
Code, Chapter 2 , regarding regulation of wild animals in the
City.
I
Mayor Abrahamso~ acknowledged several persons in the audience
who were inte ested in this issue and gave them the
opportunity to ddress the Council. Richard Sauers, 1251 W.
Orleans st., pwner of the cougar which prompted the Council
to draft an or~inance, stated that the issue at first was
regarding nois~, and has now turned into a scare issue.
Councilmember farrell stated that he had an opportunity to
visit the Saue~s residence and felt no fear in the presence ~
of the cougar. i City Attorney Magnuson stated that there are ,.,
five matters p nding before the court regarding Mr. Sauer's
violation of th City's noise ordinance.
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stillwater City Council Minutes
Recessed Meeting
July 2, 1991
Pete Bergerson, 1299 Black Oaks ct., Plymouth, MN, spoke on
behalf of Mr. Sauers. He is the executive coordinator of a
national wildlife organization. He stated that he is opposed
to widespread private wild animal ownership, but that he
fee Is Mr. Sauers is qual i f ied as a respons ible owner, and
that his cougar is a safe cat and an extraordinary animal,
and is seven generations tame.
Dennis Sullivan, S. Everett st., stated that he lives five or
six blocks away from the cougar and the area is heavily
populated with children. He is greatly concerned that there
will be a tragedy in his neighborhood. He also wondered if
the City would be liable for any occurance, and what recourse
a victim would have.
Bob Duerr, a former zookeeper who is presently employed at
the Ely Wolf Center, stated that he is greatly concerned
about the cougar living in a residential area. He feels there
is no such thing as a tame wild animal, and that it takes
thousands of generations to domesticate a wild animal.
Mr. Magnuson responded to the earlier question and stated
that the owners of wild animals are liable for any damage
caused by that animal, whether they are negligent or not.
The City has immunity from any liability whether the
ordinance is adopted or not.
Joan Norman, 1281 W. Orleans st., directly behind the Sauers,
stated that the animal is very mellow. She is worried that
the Sauers will be run out of town if the ordinance is
passed. She wondered if the cougar could be grandfathered in
if the ordinance is passed.
Councilmember Funke brought up the issue of
bringing his cat into downtown Stillwater during
Days.
Mr. Sauers
Lumberjack
Jim Radke of 115 S. Brick st., Brenda Williams of 1150 Curve
Crest, Andy Klung of S. Martha st., and Barb Lee of 1207 N.
Owens, spoke in favor of the cougar.
(Council took a five-minute recess and reconvened at 8:50 p.m.)
Mr. Magnuson reported that there are three options for the
Council regarding the wild animal issue: no regulations,
total prohibition, or regulation by permit.
Councilmembers Farrell and Opheim spoke in favor
ordinance with an option for a conditional use
Councilmember Funke stated that he did not wish to
owners loose their pet, but that conditions of the
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of an
permi t.
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permi t
Stillwater City' Council Minutes
Recessed Meeting
July 2, 1991
should be p~oof of $500,000 liability insurance and that the
cougar willi not be walked in downtown Stillwater.
councilmemb~r Bodlovick made a motion for a second reading of
an ordinanc~ amending the City Code, Chapter 27, regarding
regulation Iof wild animals in the City. There was no second.
Council di~'ected the City Attorney to redraft the ordinance
with an 0 tion for a conditional use permit under certain
conditions for discussion at the first meeting in August.
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INDIVIDUAL & DE~EGATIONS
1. Ron Langness - Discussion of Pending Bond Sale.
The bond sale includes: $2,600,000 General Obligation
Improvement~ Bonds, $650,000 Taxable General Obligation Tax
Increment onds, and $3,400,000 General Obligation Tax
Increment B[Onds. Bids should be received by Tuesday, August
6.
Motion by Cou cilmember Bodlovick, seconded by Councilmember
Farrell to adopt the appropriate Resolution authorizing the
issuance and sale of the bonds as described. (Resolution No. 91- a
129) : WI
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Ayes - councilmbmbers Bodlovick, Farrell, Funke, Opheim, and
Mayor Ab' ahamson
Nays - None
UNFINISHED BUSI ESS(continued)
2. Possible s~cond reading of an
Code, Chap~er 51, regulating
streets. (Ordinance No. 745)
Ordinance amending
the sale of cars
the
on
City
City
Motlon by Cou~cilmember Bodlovick, seconded by Councilmember
Farrell for al second reading and enactment of an Ordinance
amending the Ci~y Code, Chapter 51, regulating the sale of cars
on City streetsl.
Ayes - Councilmbmbers Bodlovick, Farrell, Funke, Opheim, and
Mayor Abfrahamson
Nays - None I
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3. Final PlatlAPproval for Orleans Addition, Senior Highrise,
Senior Cent, r, & Outlot A, Case No. SUB/91-35.
!
Motion by Cou~ci1member Bodlovick, seconded by Councilmember
Funke to adop~ the appropriate Resolution giving final plat
approval for Orl1eans Addition, Case No. SUB/91-35. (Resolution
No. 91-132)
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Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and
Mayor Abrahamson
Nays - None
4. Final Plat Approval for Orleans Terrace, 60 Unit Residential
Condominium Subdivision, Case No. SUB/91-36.
Motion by Councilmember Opheim, seconded by Councilmember Funke
to adopt the appropriate Resolution giving final plat approval
for Orleans Terrace, Case No. SUB/91-36. (Resolution No. 91-133)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and
Mayor Abrahamson
Nays - None
5. Lowell Inn/Rivertown Commons - Petitions for Improvements.
Council discussed with the City Attorney and Finance Director
which items in the petition would qualify for TIF, which
items would be assessable, and which are not eligible for
either. Council directed the Finance Director and Community
Development Director to prepare a comprehensive report on
these items and how they will be paid for.
6. Stillwater Excess Building Survey & Facility Assessment.
City Planner Pung-Terwedo explained that the School District
will be conducting a reuse study of the Stillwater Junior
High School and Washington School. The Stillwater Armory
could be an addition to the School District study.
Motion by Councilmember Opheim, seconded by Councilmember Farrell
to authorize the City Planner to attend School District meetings
regarding the reuse study, but that no funds be expended without
further Council approval. (Ayes - 4, Nays - 1, Mayor Abrahamson)
7. Water Street Garbage Facility
Motion by Councilmember Opheim, seconded by Councilmember Farrell
to authorize the City's Consulting Engineer to prepare a
feasibility study regarding a garbage facility for Water Street,
including a financing plan. (All in favor)
8. Time extension request from Contractor for L.I. 254, W.
Mulberry st. Improvements due to inclement weather.
Motion by Councilmember Funke, seconded by Councilmember Farrell
to extend the completion date for the West Mulberry Street
Improvements to July 22. (All in favor)
NEW BUSINESS
1. Sale of City Owned Land Adjacent to Kress Property.
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Recessed Meeting
July 2, 1991
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Motion by councilmefber Farrell, seconded by Counci1member
to adopt the appropfiate Resolution authorizing the sale of
owned land adjacent to the Kress Property for the price of
(Resolution No. 91-t47)
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Ayes - Councilmembets Bodlovick, Farrell, Funke, Opheim, and
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Mayor Abrahafson
Nays - None I
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2. Minor Subdivisi?n Request - George & Debra Huber.
Funke
City
$200.
,
Motion by councilf'ember Bodlovick, seconded by Councilmember
Farrell to adopt th appropriate Resolution approving the request
from George and Deb a Huber for a minor subdivision. (Resolution
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No. 91-134) I
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and
Mayor Abrahamson
Nays - None
CONSENT AGENDA
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Motion by Counci1~ember Bodlovick, seconded by Councilmember
Opheim to approve tpe Consent Agenda of July 2, 1991, including
the following: (All in favor)
1. Directing Paymert of Bills (Resolution No. 91-125)
Ayes - Councilmembefs Bodlovick, Farrell, Funke, Opheim, and
Mayor Abrahamson
Nays - None
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2. Applications:
Applewood Bldrs
2379 Hwy 36
North st. Paul,
I CONTRACTORS
& C~binet Makers General Contractor
MN I 55109
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Barthelmy Roofing :
11543 Stillwater Blvd.
Stillwater, MN 5508~
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Bear Town Builders ~ Remodlers
10005 Indigo Trail North
White Bear Lake, MNI55115
New
Roofing
Renewal
General Contractor
New
Blacktop Driveway crmpany
1187 Frost Avenue
st. Paul, MN 55109
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Blacktopping
Renewal
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Recessed Meeting
July 2, 1991
Craig Colburn General Contractor
1423 Hazel Court #2
Hudson, WI 54106
Derrick Construction General Contractor
1505 Hwy. 65 P.o. Box A
New Richmond, WI 54107
FM Frattalone Excavating & Grading General Contractor
3066 Spruce Street
st. Paul, MN 55117
Giertsen Company General Contractor
860 Decatur Avenue North
Golden Valley, MN 55427
Hanson Specialties
1663 Dodd Road
Mendota Heights, MN 55118
General Contractor
Lee Hendrickson Masonry
5969 Stagecoach Trail North
Stillwater, MN 55082
General Contractor
t
Karl Construction Company
10950 Penfield Avenue North
Stillwater, MN 55082
General Contractor
MAK Companies
1057 Raymond Avenue
st. Paul, MN 55108
General Contractor
National Automatic Sprinkler Co.
1612 - 94th Lane
Blaine, MN 55434
Fire Protection
Systems
Scandinavian Home Construction
8140 Lake Elmo Avenue North
Stillwater, MN 55082
General Contractor
Renewal
Renewal
New
Renewal
New
Renewal
Renewal
Renewal
Renewal
Renewal
STAFF REPORTS(continued)
City Coordinator
Mr. Kriesel reported on a discussion with Mike Lewis of MNDot
regarding the new bridge. Council directed Mr. Kriesel to
set a workshop with Mr. Lewis and Transportation Commissioner
Riley.
~
Finance Director
Ms. Deblon reported that in order for Burlington Northern to
release the railroad easement on the newly purchased Glacier
Park property, a $1,000 release fee is required.
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Recessed Meeting
July 2, 1991
4
I
Motion by coujncilmember Opheim, seconded by Councilmember Funke
to approve the $1,000 expenditure to Burlington Northern for
release of th~ railroad easement. (All in favor)
ADJOURNMENT
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Cqunci1member Bodlovick, seconded by Counci1member
adjlourn the meeting at 10:25 p.m. (All in favor)
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Motion by
Farrell to
MAYOR
ATTEST:
CITY CLERK
Resolutions:
No.
No.
No.
NO.
No.
No.
91-125
91-129
91-132
91-133
91-134
91-147
- 4uthorizing Payment of Bills
- ~ssuance and Sale of Bonds for Downtown Improvements
- ~ina1 Plat Approval for Orleans Addition
inal Plat Approval for Orleans Terrace
inor Subdivision for George Huber
ale of City Owned Land Adjacent to Kress Property
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Ordinances:
No. 745 - A
V
Chap. 51 (Traffic), Prohibiting Sale of
on City Streets
Submitted by:
Shelly SChaub4ch
Recording Sec~etary
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SPECIAL MEETING
STILLWATER CITY COUNCIL
MINUTES
July 9, 1991
4:30 p.m. .
The meeting was called to order by Mayor Abrahamson.
Present: Councilmembers Bodlovick, Farrell, Funke, Opheim
(arrived at 4:50 p.m.), and Mayor Abrahamson
Absent: None
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
City Planner Pung-Terwedo
Recording Secretary Schaubach
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Others: Deborah Junker,. Jim Junker, Tim Schmolke, Kathy
Cutler, Dan Schoepke, Richard Kilty
APPROVAL OF BOAT RACES FOR LUMBERJACK DAYS
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Motion by Councilmember Farrell, seconded by Councilmember Funke
to approve the Dragon Boat Races on the st. Croix River,
Saturday, July 20, as requested by the Lumberjack Days Committee.
(All in favor)
APPROVAL OF FIRE CONTRACT FIGURES FOR OAK PARK HEIGHTS
Motion by Councilmember Bodlovick, seconded by Councilmember
Funke to approve the figures as prepared by the Finance Director
for costs of a fire contract and to send those figures to the
Mayor of Oak Park Heights as requested. (All in favor)
CONTINUED DISCUSSION OF VOLUME BASED FEE SYSTEM FOR SOLID WASTE
Council met with Deborah and Jim Junker of Junker Sanitation
and members of the Solid Waste Advisory Committee for further
discussion of a volume based fee system for solid waste
collection.
Mr. Junker presented a proposal for a system based on a 30-
60- or 90-gallon cart system. He proposed charging $19.75
for a 90-gallon container, $17.75 for a 60-gallon, and $13.00
for a 30-gallon container. There would be a charge of $2.00
for a sticker for each extra 30-gallon/30-pound bag. There
would be no extra charge for white goods, furniture, etc. The
carts would be furnished to each residence by Junker
Sanitation.
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The Solid Waste Advisory Committee was agreeable to Mr.
Junker's proposal.
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stillwater City Council Minutes
Special Meeting
July 9, 1991
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Mr. Junker es~imated that it would cost him almost $1 million
dollars to !implement the new program. Council determined
that a decis[on could not be made on a volume based program
until the habler is assured of a new contract. The existing
contract expikes on June 30, 1992.
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Mr. Schmolkei stated that the Solid Waste Advisory Committee
could begin working on a comprehensive Solid Waste Management
Plan for the City which could be the basis for negotiations
with the hauler.
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Motion by councilrember Farrell, seconded by Councilmember Funke
to direct the So~id Waste Committee to proceed with preparing a
comprehensive repprt on a Solid Waste Management Plan, and to set
a date for a City Council workshop on Solid Waste for September
11, 1991. (All ini favor)
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BUILDING OFFICIAL'S REQUEST
Motion by Councilmember Farrell, seconded by Councilmember Funke
to approve the request by the Building Inspector to drive the
City car to Des Moines, Iowa for a National Building Inspector's
Convention. (AyeSr 4; Nays - 1, Councilmember Bodlovick) 4It
REQUEST TO BRING fOUGAR INTO PARK
councilmemberl Farrell informed Council of a request by Rich
Sauers to takt his cougar into Lowell Park for a sculpture by
a chain saw artist. Council determined that this is an
inflammatory ,issue and it would be in Mr. Sauers' best
interest to not take his cougar into the park.
DOWNTOWN CONSTRUCtION ITEMS
Request to Close ~ain Street
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Motion by Councilmember Funke, seconded by Councilmember Opheim
to adopt the apfropriate Resolution approving the request by
Johnson Bros. conftruction to close one block of Main Street for
one weekend only. I (Resolution No. 91-137)
Ayes - Councilmem ers Bodlovick, Farrell, Funke, Opheim, and
Mayor Abra amson
Nays - None
Consulting
difficulty
behind the
transformer
Elfctrical Connections
I
E*gineer Moore reported that there has been
9;tting an easement for electrical connections
akery downtown. Therefore, NSP will put one
ehind the bank only. This will save the City
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Underqroundinq
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stillwater City Council Minutes
Special Meeting
July 9, 1991
approximately $10,000 to $15,000, but will cost the bakery
$1,500 to $2,000 more for the electrical connection.
Approval of Negotiations with Johnson Bros. Electricians
Motion by Councilmember Opheim, seconded by Councilmember Farrell
to direct the City's Consulting Engineer to negotiate with
Johnson Bros. Electricians to install the electrical connections
downtown as recommended by NSP. (All in favor)
Moratorium on Siqn Ordinance Downtown
Motion by Councilmember Opheim, seconded by Councilmember
Bodlovick to approve a moratorium on the temporary sign
restrictions for downtown businesses. (All in favor)
Approval of Sidewalk Pavers Downtown
Motion by Councilmember Funke, seconded by Councilmember Farrell
to approve the use of l6-inch pavers as an accent strip in the
sidewalks downtown at an approximate cost of $100,000. (Ayes - 3;
Nays - 2, Councilmember Bodlovick and Mayor Abrahamson)
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APPROVAL OF LUMBERJACK DAYS BANNER
Motion by Councilmember Farrell, seconded by Councilmember Funke
to approve the request by the Chamber of Commerce to hang a
Lumberjack Days Banner at Chestnut and Union Streets. (All in
favor)
ADJOURNMENT
Motion by Councilmember Farrell, seconded by Councilmember
Bodlovick to adjourn the meeting to Executive Session at 6:20
p.m. (All in favor)
MAYOR
ATTEST:
CITY CLERK
Resolutions:
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No. 91-137 - Approving closing of Main Street for one weekend
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
July 16, 1991
7:00 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmelnbers Bodlovick, Funke, Opheim (arrived at 7:10
P.M.), and Mayor Abrahamson.
Councilmember Farrell
Absent:
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Consulting Engineer Moore
Consulting Engineer Kraemer
Comm. Dev. Director Russell
City Planner Pung-Terwedo
Public Works Director Junker
Police Captain Beberg
Police Officer Magler
City Clerk Johnson
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Mary Alden, St. Croix Valley Press
Jim Kohl, Caroline Abrahamson, Bob Marois, Mr. & Mrs. Mike
McGuire, Judy Funke, Dennis Sullivan, Cheryl McCall, Dr.
Alejandro Escallon, Anne McManus, Don Campbell.
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Others:
APPROVAL OF MINUTES
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the minutes of the Special Council Meeting of June 26, 1991 as presented.
(All in favor).
INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Dr. Alejandro Escallon from Colombia, South America, International Special
Olympics representative and Anne McManus, Executive Director of HOPE
International Family Services (of Stillwater).
City Coordinator Kriesel introduced Alejandro Escallon of Colombia, South
America, International Special Olympics representative, and Anne Mcr~anus,
Executive Director of HOPE International Family Services of Stillwater.
Council issued a proclamation proclaiming Sunday, July 21, 1991 as
IIColombian Appreciation Dayll in tile City of Stillwater.
. .
2. Resolution Commending Stillwater Ponies Baseball Team and Coach Don
Campbell for winning the Class AA State Baseball Championship.
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Regular Meeting
July 16, 1991
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Motion by Councilmemb
the appropriate resol
Ponies Baseball Team
Minnesota State High
r Funke, seconded by Councilmember Bodlovick to adopt
tion commending Coach Don Campbell and the Stillwater
or a successful baseball program and winning the 1991
.chool Class AA Championship. (Resolution No. 91-138)
i
Ayes - Councilmembers IBodlovick, Funke and Mayor Abrahamson.
Nays - None I
3. Request for MOdifilcation of Special Use Permit & Variance No. SUP/87-20,
1675 Greeley St.
Galen Cadel, reprdsenting St. Anthony Park Bank, was present to request a
modification of t~e above Special Use Permit to allow office space on the
basement level Of~the Strohkirch Building, 1675 So. Greeley St. Mr. Cadle
stated sale of th building is contingent on this approval. Mayor
Abrahamson stated he has talked with the neighbors, Mr. & Mrs. Charles
Clausen and they ave no objection to the request.
I
(Councilmember Op eim arrived t 7:10 P.M.)
City Attorney Mag uson stated the ordinance provides that when conditions
are well defined, this type of request can bypass the Planning Commission
and be heard directly by the Council. Mr. Magnuson also stated that 1980 ~
Resolution No. 67 8 needs to be amended to include the right-of-way of ~
Fifth St.
Motion by Council member Funke, seconded by Councilmember Opheim to approve the
request for modification of Special Use Permit and Variance No. SUP/87-20 to
allow office space on ~he basement level and adopt the appropriate resolution
amending Resolution No. 6788 to include within the streets to be vacated by
that resolution the right-of-way of Fifth St. (Resolution No. 91-145)
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Ayes - Councilmembers bodlOViCk, Funke, Opheim and Mayor Abrahamson
Nays - None I
4. Report on Downtown Shuttle Bus - Mr. James Kolb.
Jlm Kolb, Operator 0 the Downtown Shuttle Bus, reported that ridership
had doubled during the first and second week of use. Not as much parking
was lost during do ntown construction and employees are not using the bus
as projected. It ras suggested that the service run only through August
10. I
I
Motion by Councilmembe~ Funke, seconded by Councilmember Opheim to approve the
recommendation to amen~ the plan for service of the Downtown Shuttle Bus by
offering the service uhtil August 10, 1991. (All in favor).
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Stillwater City Council Minutes
Regular Meeting
July 16, 1991
5. Delegation from Dock Association of Stillwater regarding
complaints/concerns for Popeye's on the River.
Cheryl McCall, owner of a slip at the Stillwater Yacht Club, stated
concerns regarding loud noise, motorcycles blocking the entrance to tne
docks, broken bottles under tires and various problems being generated by
patrons of Popeye1s. She added that they only want harmony and do not
want to put Popeye's out of business.
Bob Marois, owner of Popeye1s, stated there are problems in tne marina
that need management and the people who own the marina are not maintaining
it.
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Discussion followed. Officer Magler commented that there are conflicts
between the dock people and Popeye1s. He suggested they get together and
discuss solutions to the problems. He added the police are monitoring the
situation with extra patrols.
Brad Oliver, St. Louis Park, stated the object is not to put Popeye's out
of business but to work together for a solution.
Moti on by Council member Ophei 01, seconded by Council member Funke to set the
date of July 23, 1991 at 6:30 P.M. to discuss complaints regarding Popeye's
with the owners of Popeye's and the City Council. (All in favor).
STAFF REPORTS
1. Consulting Engineer
Re ort from Contractor regarding progress of Downtown Construction.
Consu tlng Englneer Moore presente a etter rom Johnson Bros. Corp.
regarding contract changes without extension of time for performance.
Some of the additions included change in fire services, additional storm
sewer services and the addition of a sanitary sewer service.
Gene Holland, Project Manager reported on progress to date.
Mr. Moore asked Council direction on where the paver blocks will be placed
in conjunction with the light posts. This will be discussed later in the
meeti ng.
NEW BUSINESS
1. Resolution Correcting Special Assessment roll for Oak Glen and separating
L.I. 184 into 184-5 and 184-6 for City paid lots.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt
the appropriate resolution adopting assessment for L.I. No. 184-5, Oak Glen
Development. (Resolution No. 91-143A)
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Regular Meeting
July 16, 1991
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Ayes - Councilmembers Bo.dlr! vick, Funke, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember Bd lovick, seconded by Council member Funke to adopt
the appropriate resolution adopting reassessment for L.I. No. 184-6, Oak Glen
Development. (Resolution o. 91-143B)
Ayes - Councilmembers Bodl vick, Funke, Opheim and Mayor Abrahamson.
Nays - None !
2. Resolution Reapportioning Special Assessments for Outlots N, 0 and P in
Oak Glen Development. i
Motion by Councilmember OPlheim, seconded by Council member Funke to adopt
the appropriate resalution Reapportioning Special Assessments far Outlot N,
Oak Glen 15th Addition. (reSOlution No. 91-139)
Ayes - Councilmembers Bodl~vick, Funke, Opheim and Mayor Abrahamson.
Nays - Nane i
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Moti on by Counci 1 member Fujnke, seconded by Council member Opheim to. adopt
the apprapriate resalution Reapportioning Special Assessments far Outlat 0,
Oak Glen 15th Additian. (Resalutian No.. 91-140)
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Ayes - Council members Bodlovick, Funke, Opheim and Mayor Abrahamsan.
Nays - Nane
Mati an by Cauncil member Baldl avi ck, seconded by Cauncil member Opheim to adapt
the apprapriate resolution Reapportioning Special Assessments far Outlat P,
Oak Glen 14th Additian. (Resolutian No.. 91-141)
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Ayes - Cauncilmembers Bodljavick, Funke, Opheim and Mayor Abrahamsan.
Nays - Nane !
3. Resolutian Reapportianing Special Assessments for The Gardens Secand
Addition (Bruggeman).
Matian by Councilmember Oplheim, secanded by Councilmember Funke to. adapt
the apprapriate resalutianj Reapportianing Special Assessments for The Gardens,
Secand Additian. (Resolu~ion No. 91-142)
Ayes - Cauncilmembers Bodl!avick, Funke, Opheim and Mayar Abrahamsan.
Nays - Nane I
4. Resalutian Reappartia~ing Special Assessments far PID #11159-2000 and
11159-2010 to correct lappartianment af L.I. 273.
Mati an by Council member Badl ovick, secanded by Council member Funke to. adapt
the apprapriate resalutia~ carrecting the reappartianment of Special
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Stillwater City Council Minutes
Regular Meeting
July 16, 1991
Assessments for Parcel No. 11159-2010 and 11159-2000, L.I. 173. (Resolution
No. 91-144)
Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
5. Approval to renew Preventative Maintenance Contract on heating and air
conditioning equipment with Equipment Supply.
Moti on by Council member Bodl ovick, seconded by Council member Funke to approve
the renewal of the Preventative Maintenance Contract for heating & air
conditioning equipment for City Hall and Library with Equipment Supply, Inc.
(All in favor).
6. Sewer Hook-up Agreement between the City of Stillwater, City of Oak Park
Heights and Washington County.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt
the appropriate resolution approving the Sewer Hook-up Agreement between the
City, Oak Park Hgts. and Washington County for the new jail; and authorizing
the Mayor and Clerk to execute said agreement. (Resolution No. 91-148)
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Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
7. First application for payment - L.I. 271, Curve Crest Blvd., West Orleans
Street & Highlands of Stillwater.
Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve
the application for Payment No.1 for L.I. 271 and 273 in the amount of
$59,160.45. (All in favor).
CONSENT AGENDA
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the Consent Agenda of July 16, 1991, including the following: (All in favor)
1. Resolution No. 91-136, Directing Payment of Bills.
Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
2. Contractor1s Licenses:
Ackerman Construction
2510 - 7th Avenue East
North St. Paul, MN 55109
ASK Properties
1012 South Second Street
Stillwater, Mn. 55082
General Contractor
New
Painting
New
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Stillwater City Council Minutes
Regular Meeting
July 16, 1991
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Carnelian constructi1n
1435 - 47th Street i
Houlton, WI 54082 I
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CMS Construction
1629 Ames Avenue
St. Paul, MN 55106
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Cullen Construction Oorp.
2045 Carroll Avenue !
St. Paul, rtN 55104 I
St. Croix Valley Imp~ovement
P.O. Box 201 I
Stillwater, MN 5508~
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D.M. Sather Company ~nc.
7920 Powell Road I
Minneapolis, MN 55343
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General Contractor
New
General Contractor
New
General Contractor
New
General Contractor
Renewal
General Contractor
New
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Ernest Stanton Const~uction Masonry and Brick New
11715 - 53rd Avenue ~orth ~
Plymouth, MN 55442 I .
James Steele construJtion Co. General Contractor Renewal
1210 Sylvan Street I
St. Paul, MN 55117 I
Performance Pool and ISpa Install. Swimming Pools New
1740 Weir Drive !
Woodbury, lvN 55119 I
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STAFF REPORTS (Conti 'ued)
1. Consulting.Engin er -
D1Scusslon 0 Do ntown Construction -
Mr. Moore lnltla e a dlScusslon of lighting for Downtown. Finance
Director Deblon resented a report on Downtown Contingency Funds and
discussion follo~ed regarding the allocation of funds. Council directed
Staff to present la report to Council stating the items that may be done as
part of the Down~own construction and detai 1 ing the project expendi tures
as they presentl~ stand.
I
Mr. Moore presen ed alternatives and details for the pavers and asked
Council for direction. Tnis will be discussed further at the Special
Meeting on July 3.
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Stillwater City Council Minutes
Regular Meeting
July 16, 1991
Highlands of Stillwater - Sidewalk Depth
Mr. Moore stated the plans called for a four inch sidewalk, which will not
accommodate the traffic in a driveway entrance. This type of sidewalk
requires a six inch depth. Since the developer does not know where the
driveways will be, Mr. Moore recommended the six inch depth and asked
Council to consider this item and give direction in the near future.
2. Public Works Director -
Mr. Junker reported on various projects -- fencing Lowell Pk. and clean-up
of Levee Rd. for Lumberjack Days; water destruction of driveway on
Nightingale Blvd.; water problems on Wilkin St.
Submission of Claims to Insurance Company
Moti on by Council member Bodl ovi ck, seconded by Counci 1 member Ophei m to submi t
three claims for sewer back-ups and flooding during the storm on June 13 to
the City's insurance company, for Patrick J. Mulvehill, 301 W. MYrtle St.;
William Mullenmaster, 248 Deerpath Ct.; and Marty Wallin, 300 W. Wilken St.
(All in favor).
Clean-up of Brush, etc. on Sherburne & Ramsey Streets
Mr. Junker stated this ltem wlll be reviewed and taken care of.
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3. Finance Director -
Possible Abatement of Taxes on PIN #11159-2950.
Ms. Deblon stated thi$ request is for River Heights Plaza property. No
action was taken by Council.
Campaign 2000
Ms. Deblon presented Council with an information packet and grant
application for a community fitness program sponsored by the National
Fi tness Campai gn, "Campai gn 2000". The Council deferred acti on on ttli s
request at this time.
4. City Attorney -
Vacation of Utility Easement for Orleans Terrace
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt
the appropri ate resol uti on Vacating Drai nage and Uti 1 i ty Easement for Lot 4,
Block 1, Orleans Terrace. (Resolution No. 91-146A)
Ayes - Councilmernbers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
Moti on by Council member Bodl ovi ck, seconded by Council member Funke to adopt
the appropriate resolution Vacating Drainage and U~ility Easement for Lot 5,
Block 1, Orleans Terrace. (Resolution No. 91-146B)
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Stillwater City Council Minutes
Regular Meeting
July 16, 1991
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\
Ayes - Counci 1 members Bod~ ovi ck, Funke, Opheim and Mayor Abrahamson.
Nays - None \
Motion by Councilmember BpdloViCk, seconded by Council member Funke to adopt
the appropriate reSolutiO\' Vacating Drainage and Utility Easement for Lot 1,
Block 1, Orleans Terrace. (Resolution No. 91-146C)
Ayes - Councilmembers Bod10vick, Funke, Opheim and Mayor Abrahamson.
Nays - None I
5. City Coordinator -
Discussion of Employe Hospital/Medical Insurance
Mr. Krlese reported hat there Wl 1 e an lncrease of 25% in
Hospital/Medical cove age for City employees, which will amount to $50 per
month for family cove age and $25 for single coverage. Council agreed to
discuss Hospital/Medi al Insurance for City employees at the Special
Meeting on July 23, 1~91.
6 . City C 1 e rk -
Request for Concert i~ Pioneer Park by Kingdom Ministry
Councl agree Wlt t e request 0 Dan Johannsen, Kwgdom Ministry, to
hold a picnic and Chr stian concert in Pioneer Park on August 3, 1991.
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Request to have band .t private party in Croixwood
Council received a re1uest from Kim Cilapman Bonine to have a party and
band at her home on 6 2 Northl and Ave. on August 3. Council di rected tile
Police Dept. to confel with Ms. Bonine and make a recommendation to
Council .
Request for Satellitelduring Lumberjack Days Parade
Motion by Councilmember Opheim, seconded by Councilmember Funke to place a
satellite in the park acr~ss from the Harbor Bar, on Owens St., during the
Lumberjack Days parade. fA 11 in favor).
COUNCIL REQUEST ITEMS
Discussion of Concern regarding Downtown construction received from Grand
Garage Tenants i
Council noted the req~'ests outlined in the letter -- lack of sales during
construction due to mud in streets, dust clogging air conditioning units
and other places and eed for positive advertising. A construction
meeting will be held at 8:30 Wednesday morning where this item will be
discussed further. I
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July 4th Ce 1 ebrati on I
Mayor Abrahamson tnanked Staff and City Departments for ti.le enjoyable,
problem-free July 4th celebration.
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Stillwater City Council Minutes
Regular Meeting
July 16, 1991
Motion by Councilmember Opheim, seconded by Councilmer.1ber Funke directing that
a letter be sent to the Freighthouse thanking them for the beautiful fireworks
display on July 4th. (All in favor).
Request from Oak Glen to allow Variances for Oak Glen 13th Addition
Mr. Russell presented the request from Davld Johnson to allow a variance
of front yard setbacks for Lots 1 - 8, Block 1, Oak Glen 13th Addition and
recommended this be reviewed by the Planning Con~ission. Council
concurred and it will be scheduled for the Planning Commission meeting on
August 12, 1991.
COMMUNICATIONS/REQUESTS
1. Correspondence from Minnesota Grocers Association regarding Minnesota
communities self-service displays of tobacco products ordinances.
Council noted this correspondence. No action taken.
2. Letter to Washington County Commissioners regarding the Minnesota Zephyr
and tne Minnesota Transportation Museum.
Council took note of this correspondence.
ADJOURNMENT
Motion by Councilmember Funke, seconded by Council member Opheim to adjourn the
me e tin gat 9: 07 P. M. ( All i n fa v 0 r ).
MAYOR
ATTEST:
CITY CLERK
9
I
Stillwater City Council Minutes
Regular Meeting
July 16, 1991
Resolutions:
No.
No.
91-136 - Directing Pa~ment of Bills.
91-139 - Reapportionm~nt of Special Assessment for Outlot N, Oak Glen 15th
Addition. ~'
91-140 - Reapportionm nt of Special Assessments for Outlot 0, Oak Glen
Addition.
91-141 - Reapportionm nt of Special Assessments for Outlot P, Oak Glen
Addition.
91-142 - Reapportionm~nt of Special Assessments for The Gardens, 2nd Add.
91-143A - Resolution ~dopting Assessment for L.I. 184-5.
91-1438 - Resolution Adopting Reassessment for L.I. 184-6.
91-144 - Correcting tne Reapportionment of Special Assessments for Parcels
No. 11159-20~0 & 11159-2000 for L.I. 173.
91-145 - Amendi ng Res.1 No. 6788 Vacati ng Fi fttl St.
91-146A, B & C - Vaca~ing Utility Easements for Orleans Terrace.
91-148 - Sewer Hook-up Agreement with Oak Pk. Hgts. & Washington Co.
No.
No.
No.
No.
No.
No.
No.
No.
No.
10
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COMMUNITY
e \!OLUNTEER
SERVICE
Of The
St. Croix Valley Area
1965 South Greeley
Stillwater, MN 55082
612-439-7434
August 1 ~ 1991
Mr. Wal ly Abrahamson. Mayor
City of Stil lwater
216 N. 4th St.
Stillwater MN 55082
Dear Mr. Abrahamson:
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This is a letter to confirm our position on the City of
Stillwater City Council agenda for Tuesday August 6th, at
7:00 p.m. Dawn Beedle and June Eagleton wil 1 be
representing Community Volunteer Service. I would like to
take this opportunity to once again thank you for your
donation of $10,500.00 in 1990 and to send you our 1990
Annual Report to share some information with you regarding
how Community Volunteer Service (CVS) continties to serve
the citizens of Stillwater.
Community Volunteer Service (CVS) is a non-profit
organization supported by voluntary contributions from
individuals, businesses. municipalities and foundations.
CVS has been performing many services for individuals and
agencies since its inception in 1967. For much. of that
time it has provided these services for many of your
community/s citizens.
We know that the Senior Center is of special interest to
the City of Stillwater. These are some of the growing
prog~ams that the Senior Center offers to the seniors of
St i 1 lwater:
*Drop-in Center
*Senior Companions
*Telecare
*Tax He lp
*Advocacy for Seniors
*Mini Health Clinics
*Transportation Services
*Holiday Bureau
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~ A V.....- Center
RECEIVING SUPPORT FROM 8\
THE ST. CROIX AREA UNITED WAY"
During 1990 Stillwater residents used our Transportation
Program for 316 round-trip rides, for a total of 4,745
miles. This cost CVS $1,723.35. These are rides given to
folks who have no otMer way to get to doctor appointments.
Chemotherapy treatmepts, and other important errands.
Also, in 1990 199 fa~ilies in Stillwater received
assistance from the Holiday Bureau Program, a program that
provides low-income ~amilies with gifts and food tor the
Holidays.
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Stt I lwater resident~ also receive indirect services from
CVS through the mani agencies, over 200, that CVS recruits
and refers volunteers to. These agencies serve citizens
in Stil lwater and t~roughout Washington County. This is a
very important func~ion of CVS as the Volunteer Center in
Washington County.
Because of CVS/ unique ability to rely on volunteers for
most of their work, idonations to CVS are particularly
wel I-spent. The va'ue of each dollar given is at least
doubled as it. is Chjnneled through the work ot the
volunteers that CVS places each year.
Last year, CVS directed the time, energy and skil Is of 311
volunteers into our communities with impressive results.
CVS volunteers helPfd 10,000 individuals by volunteering
19,000 hours.
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We would like to as~ the City of Stillwater for a
contribution of $101.500.00 toward the free services that
we provide the citi~ens of Stillwater. This amount would
restore us to where we were in 1990 before the 10% cut
that was made in 1991. We understand that many budgets
are tight and woul appreciate your consideration to
restore us to this previous figure.
If you have any qu~stions about CVS or the services we
provide, please fe~l free to cal I and talk to me, Vi
Russel l, at 439-7414. I wil 1 be pleased to give you
further information.
Thank you for your consideration.
Sincerely,
{)~' )IJ/JA.,U-l- I
Vi Russel 1 I
Executive Directorl
Community VOlunteer
VR/ch i
encl: Annual Repo~t
Service
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:jI:[[:::::[:[:~::;.::[':::::j:'I;:[::::
The bingo occasions will .:r h.eld:.,,',,~", 4;" '.",t",~ .t.~t S\\ .
from (hours) ':':\:im.lp.m.) to':\ _ \a.m.lp.m.) on (days of week)
from (hours) (a.m.lp.m.) to (am.lp.m.) on (days of week)
from (hours) (a.m.lp.m.) to (am.lp.m.) on (days of week)
e from (hours) (a.m.lp.m.) to (am.lp.m.) on (days of week)
from (hours) (a.m.lp.m.) to (am.lp.m.) on (days of week)
from (hours) (a.m.lp.m.) to (am.lp.m.) on (days of week)
from (hours) (am.lp.m.) to (a.m.lp.m.) on (days of week)
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lG202 '
(1111.4/90)
Minnesota Lawful Gambling
Lease Agreement
Pf.~ffi~~ftiiJ6:riria:ti:dh:::::::::::::::.:~::::::::::::::[::::::..:!:::::::::,::::.::~:.::'::::':::::::~:::::::::::!::::::.::::,::::!:::::::::::::i::::~:::::::::::::::::::::::::::::::::~~::::::::::
,:::::::::::::::::::::~::::::::!::::::::::::::::::::)::::::::::::::::::::::::::::::::;::::::'::::::::::::::~!:::~::::::::::;:::::::i:::::j::':::::::::j::':;:::!::::.';:.::!':::::'!:[:'::
Name and Address of Lessor Address CitylZip Phone
~i 0hvr-rJ ftrlrrkA 5MUO. f:l:y / V<tJ \ )hI hLht~ . fhrJ 55()K.~ (/J).) 439 -Lfsfc;; 7-
Name of Legal Owner of Gambling Premise Address .J CitylZip Code Phone
'U1 }if( fb O~) SIr/fun J fI10 (~I d. ) Lf 31- r
ame an A ress 0 ease remIses ress Ity Jp ode
flf PaJ/O/AS J I L+ Novfh tI/lla/n.5f~ ._<;-hjlL~ Mtv 55oJd-
Name of Organization Leasing the Premises (lessee) License Number, if known
\1 ((\\(V'\c1 'h)O+tc,jlfi I (N\ts y D()"{39
:Gdffi1jiiiiy:::~'gti'tiltg::::::::::::::::::::::::::::::::::::::~::::::::::j"::.::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::I::::::::::!:::::::::~::~:::::::::::::::::::::':::::::I
I::::::::::::::::::~::j:::::::j:::::::~:::::~::::::::::::::':::::::::::::::::::::::::::::::::::::::::::':::::::::::::::::::::::::::::::::!::::::::::::::::::::!::::::::'::::.::::::;!:::::::}.:::::::;.
:
The lawful gambling activity which the organization will conduct is (check 'all that apply):
. c:::J bingo
C=:J raffles c:::J paddlewheels otJ pull-tabs
c=J tipboards
Rent Information (See Rules 7860.0090, Subp 3)
Class A and C premise permits:
Rent for bingo and all other gambling activities conducted
during that bingo occasion may not exceed:
$200 for up to 6,000 square feet;
$300 for up to 12,000 square feet; and
$400 for more than 12,000 square feet.
I Rent to be paid oer binqo occasion $
Class 8 and 0 premise permits:
Rent for gambling activities not including bingo
may not exceed $24 per square foot per month,
with a maximum of $600 per month.
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Rent to be paid per month $~)rx )---
Rent may not be based on a percentage of receipts, profits from lawful gambling, or on the number of
participants attending a bingo occasion.
An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling.
P:r.~m~~ip~4np'HpH'IIII~:::::::::::!:!I:::':::::::::::::';::':::::::::::::::::::::!:;':::::t::t:II:::,:::~:::':::::;::::::::::tI:::::::=:::::::::::::::::'::~:::::::::t:'::::::::::t~::::::::::I:::::::
:I:::;;:::::::::::::::::::;I:'::::::::::::::::::':I::;::::::::::::::~::':::::::::::::':!:::::::::;:::::::::,:::::::::::i.:::I:
The area leased within the premises is feet by 7 feet, for a total of -3 square feet.
feet by feet, for a total of square feet.
feet by feet, for a total of square feet.
Attach a sketch which identifies the location of the leased premises when a portion of a building is the leased premises.
That sketch must include the dimensions of the leased premises.
rE".,u'ecHv~~Ffjti't~::':=:::":}m::I:::::::::::::::':;::=::;::::m::::::::m:::::::::::;I:::::':If:::I:::::::'::!::I"::::::::::!:::m:I':m:'::::r::::II::::=:I:::i.=::::m::=::':::::t::::':='I;I::I:::::::
::~::mII=:::::':::;:I::~:::::::::'=:::::::::::=j:::::::::!::'::::::=:::;::::::::::I:::::::;::::::::::':::::::;::m:}::::I:;:m:!::::;:=:
The lease will go into effect at 12:01 a.m. on "t. 19 ~ and will end at 12:00 a.m. on
19 ~ for a period of one year.
By agreeing to the terms of this lease. it is mutually agreed that:
I
. When leasing from a licensed bingo hall, the lessor must be legal owner of the property.
· The owner of the property or the lessor may not manage gambling at the premises.
· The lessor of the premises, his or her irT)mediate family, and any agents or employees of the lessee may not
participate as players in the conduct of lawful gambling on the leased premises.
· The lessor and the lessee do not have 1 direct or indirect financial interest in the distribution or manufacture
of gambling equipment. i
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· The lessor of the premises will allow th~ Board or agents of the Board, the Commissioner of Public Safety or
agents of the commissioner, or the Commissioner of Revenue or agents of the commissioner, and law
enforcement personnel to inspect the ptemises at any reasonable time, and permit the organization to
conduct lawful gambling at the premisef according to the terms of this lease. The lessor may not impose any
conditions on the organization regarding distributors of gambling equipment, services, or the use of profits.
· The organization must obtain a license ~nd a premise permit from the Gambling Control Board. The
organization will be responsible for co~plying with the laws and rules of lawful gambling.
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· The organization must have, at the garrjbling premises, a current inventory of gambling equipment, a sketch with
dimensions of the premises available fIr review, and a clear physical separation or divider between the lessee's
gambling equipment and the lessor's b siness equipment.
· The organization will be responsible for,ensuring that the lessor's business activities are not conducted on the
leased premises. !
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· If the lease is cancelled prior to the termination date of this lease, each party agrees to notify the Gambling
Control Board explaining the reasons for the cancellation. The lease shall be terminated immediately for any
gambling, liquor, prostitution or tax eva~ion violations occurring on the premises.
i
· The lessor of the premises shall provid~ the lessee access to the licensed premises during any time reasonable
and necessary to conduct lawful gambltng on the premises and as agreed upon in this lease.
· (Write in any other conditions or restridions that will be included as part of the lease. Attach additional sheets if
necessary)
ctiIl\.Q[ {Yil.,'~t (leu'! (Ia nfi ~ I !jia <..(1 {( f fU1:J --f71nL hj- \SV I n~?J nfl u r
{X\ i,~.J.tr 30 ('I'Ll 1:\ (,{)11 Herl iy\Dt-J (' (J
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This lease is the total and only agreement between the lessor and the organization conducting lawiul gambling activities.
There is no other agreement and no other corsideration required between the parties as to the lawful gambling and other
matters related to this lease. (Any changes iT1 this lease must be submitted to the Gambling Control Board within 10 days
of the change.) ,
Signature of organization official
4Js ,1.,:^
Date
~.. i 7) L
K, )( 2C<.t h Nil 0(1 1(,- r
cfl '=<./c:
d,'..! -II
A copy of this lease and sketch with dimensi , ns must be submitted with the premise permit application renewal or when
changes occur to: i
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Departmentlof Gaming - Gambling Control Division
Ro~ewood Plaza South, 3rd Floor
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I 1711 W. County Road B
IRoseVille, Minnesota 55113
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ORDINANCE NO.
AN ORDINANCE AMENDING THE
STILLWATER CITY CODE BY ADDING A
NEW CHAPTER 27.01, SUBDIVISION 15
SUBPARAGRAPHS 1 AND 2
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Amending. The City Code of the City of Stillwater is
hereby amended by adding the following sections that shall
hereafter read as follows:
"Chapter 27.01, Subd. 15, Subsection 1. Wild Animals:
Special Use Permit Required. No person shall harbor, maintain or
control a wild, dangerous or undomesticated animal within the
City of Stillwater without first having been granted a Special
Use Permit by the City Council.
Subparagraph 2. A wild, dangerous or undomesticated animal
shall be that which is not of a species customarily used as an
ordinary house pet, but one which, would ordinarily be confined to
a zoo, or one which would ordinarily be found in the wilderness
of this or any other country, or one which otherwise causes a
reasonable person to be fearful of bodily harm or property
damage. Fish and birds are not included in this definition."
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Subparagraph 3. The application shall be made on a form
provided by the City Clerk and shall be administered in the same
manner and according to the procedure that applies to all other
Special Use Permits provided for in the Stillwater City Code.
Subparagraph 4. In addition to the submittal requirements
required for Zoning Special Use Permits, the application must
contain or be accompanied by the following information:
A. Copies of all Federal and State permits that are
required by law.
B. A copy of the Bill of Sale or Receipt for the
purchase of the animal.
C. A statement of the amount of money or other
consideration paid by the applicant for ownership of the
animal.
D. A complete and detailed description and diagram of
the confinment space proposed for the animal.
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E. Written proof that a qualified veterinarian has
committed to the owner to provide care to the animal and to
advise the owner regarding its care.
F. Proof of insurance together with an underwriting
memorandum stating knowledge of the exposure that will ~
protect the public against bodily injury or death caused by
the animal providing for limits of $1,000,000 per person,
per occurrence ~nd for notice to the City within 30 days of
its cancellati09 or renewal.
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Subparagraph 5. j In addition to the standards contained in
the Zoning Ordinance Ifor ,the grant or denial of a Special Use
Permit, a permit may jbe denied for failure to satisfy any
submittal requirementi set forth above, for failure to provide a
safe and sanitary cortfinement space for the animal; or if it is
likely that the anim~l will bark, howl or cry in a manner that
will disturb the neighbors.
Subparagraph 6. The Permit, if granted, shall not permit
the breeding of the 1nimal.
Subparagraph 7. I The Permit may be revoked by the Ci ty
Council after a hear~ng preceeded by 10 days notice, if the
animal becomes a nui~ance or a danger to any person, if any
condition of approva] of the Permit is violated, if any other law
or lawful rule is vidlated or if the health, safety and welfare
of the public is threatened.
And, a new Subd~ 18 is added that shall read as follows:
"Subd. 18. In addition to the other remedies and penalties
provided in the ordinance, city officials, after approval of the
I
City Council, are au~horized to file appropriate civil actions
for a temporary rest~aining order, temporary injunction or
permanent injunction lagainst any person violating this
Ordinance." I
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2. Saving. In all other ways the Stillwater City Code shall
remain in full force and effect.
3. Effective Da4e. This Ordinance shall be in full force
and effect from and after its passage and publication according
to law.
,
Adopted by the City Council the
1991.
day of
Wally Abrahamson, Mayor
ATTEST:
I
Mary Lou Johnson, c1trk
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MEMORANDUM
TO:
Mayor and city Council
steve Russell, Community Development Director ~.
August 2, 1991
FR:
DA:
RE:
SECOND STREET PARKING LOT IMPROVEMENT (PARKING AREA BETWEEN LOWELL INN AND
RIVERTOWN COMMONS)
The City Engineer will present the plans for the parking area improvement between
the Lowell Inn and Rivertown Commons. The estimated cost of this improvement
is $83,544.50 as previously approved by the Council. The project includes
paving, landscaping and lighting for the City lot and Rivertown Commons lot.
For the Lowell Inn, the parking area will be graded and curbed for drainage,
storm sewer added covered with gravel available for parking. The property owner
will finish the lot (pave, strip, light and landscape) on their timetable.
At meeting time the Engineer will recommend that the Second Street parking lot
plans be approved and authorization for advertisement for bids.
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MEMORANDUM
TO:
Mayor and City Council
steve Russell, Community Development Director ~
August 2, 1991
FR:
DA:
RE:
DOWNTOWN PAVER INSTALLATION
The attached map shows the location of paver installation. Paver strips will
be 21 inches or 14 inches dependent on the width of sidewalk (Nelson Alley has
1411 pavers and Main street has 21"). Certain side streets will not have paver
strips because of the narrow sidewalk location, future construction or minimal
pedestrian use. The proposed paver plan is within the $115,000 allocated for
pavers.
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NOT TO SCALE
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- PAVER INSTALLATION
- 21" STRIP
I: 1411 STRIP
- PAVER INSTALLATION
DELETED
FILE NO.
89255
STillWATER. MINNESOTA
PAVER INSTAllATION
eJ,/q (
~ 81U1CHInCTS 8PUWllERS
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MEMORANDUM
TO:
Mayor and City Council
FR:
Diane Deblon, Finance Director and steve Russell, Community Development
Director
DA:
August 2, 1991
RE:
UPDATE OF PHASE I DOWNTOWN CONSTRUCTION PROJECT COSTS
The attached table shows authorized downtown projected costs to date. The total
cost of the project remains at the $6,600,000 level since the original project
approval. Contingency funds have been used for the pavers at $115,000,
reduction of assessments for utility extensions at $63,900, and elimination of
MSA funds for Myrtle street at $70,500, leaving a remaining contingency fund
balance of $10,600.
Some of the project costs are estimated such as NSP undergrounding and parking
lot improvements may vary depending on actual construction costs.
UPDATE OF PHASE I DOWNTOWN CONSTRUCTION PROJECT COSTS
Base Bid (Johnson Brothers)
Alternate #1 (street light$)
NSP (undergrounding electr~c)
NSP - Lowell Inn
North Main parking lot tan~ removal
Benches/trash receptacles
Parking lots:
$4,579,818.85
89,360
512,000 (est.)
10,000 (est.)
50,000
22,560
North Main
Second street
RR/CUB
76,300
83,544.50
100,000 (est.)
Additional sewer stubs
Additional water stubs
Railroad crossings
Railroad land pollution cleanup
Shuttle Bus
Contingencies
Engineer fees
Kirchner Associates ( appr~isals)
30,000
60,300
15,000
150,000
23,000
250,000
500,000
30,000
$6,581,883.35
Contingencies
Shuttle Bus (reduced one mfnth)
Contingency Expenditureis
Pavers
MSA Myrtle st.
utility hookups
250,000
10,000
260,000
249,900
$ 10,600 remaining
balance in
contingency
$115,000
70,500
63,900
$249,400
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~ ENCINEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5I PAUL, MINNESOTA 55110 612490-2000
July 25, 1991
RE: STILLWATER, MINNESOTA
WATER STREET GARBAGE STRUCTURE
STILLWATER DOWNTOWN
IMPROVEMENTS
L.I. 257
SEH FILE 89255
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
As requested, we
single garbage
northwest corner
Street
have reviewed the feasibility of constructing a
collection structure to be located on the
of the Freight House property just east of Water
e
Background
As part of the downtown Stillwater improvements, a trash
enclosure was to be located behind Brine's Meat Market for the
businesses along the west side of Water Street. The existing
garbage dumpster for the Freight House was to remain in place as
a separate collection facility. The planned structure along the
west side of Water Street was to be open-topped and located
adjacent to the elevated walk.
City staff and Water Street businessmen have met in the last few
months to discuss the garbage situation. The discussion included
the open top to the proposed structure being an eye sore and odor
problem. They also felt that the facility may be too small, that
the structure should include areas for recycling.
During numerous meetings between the businessmen along Water
Street and staff, it was determined that a better location would
be at the northwest corner of the Freight House property just
south of the City parking lot. The structure being proposed will
have a brick facing with a sloped roof and lockable garage doors.
The total size of the structure would be approximately 335 square
feet of interior usable space. It is proposed that the building
have a drain connected to the sanitary sewer system for cleaning
purposes, and that water service be provided for spray cleaning
of the floors and walls.
e
SHORT ELLIOTT
HENDRICKSON INe
Sf PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
HONORABLE MAYOR AND CITY COUNCIL
July 25, 1991
Page 2
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Estimated Costs
The estimated constiruction cost for the garbage structure as
proposed is $44,51' which includes the internal building
mechanical system. he estimated construction cost of a six-inch
sanitary sewer serv ce to the right-of-way would be $750. The
water service conneotion for the structure can be provided from
two sources. The f'lrst location would be from the Freight House
water service as wo k is being completed on the new basement and
bathroom facilities. The estimated construction cost for this
water service conne tion would be $800. The second alternate
water service would be from the existing watermain stub located
approximately 160 f et to the north of the proposed structure.
The estimated cost or a connection to this watermain stub would
be $2,547. The esti~ated cost for the planned structure on Water
Street that would bt deleted according to the Johnson Brothers'
bid is $12,000. i
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Recommendation
i -
We would recommend that water service for the garbage structure ..
be provided by conneption to the Freight House water service. We
further recommend t~at the sanitary sewer service connection be
constructed as parti of the downtown improvement project. This
work can be added ~o Johnson Brothers' contract. We further
recommend that the ~arbage structure itself be constructed under
separate contract. I
SincerelYr-;).
,fft~if~
41- {t2~
Barry C. Peters, P.E.
BCP/l1c
Attachment
cc: steve Russell, Community Development Director
Diane Deblon, Finance Director
Nile Kriesel, ctty Coordinator
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GROUND
lIJ) IE V IE IL b JF 1M[ IE N 1r
CORPQRATION
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1550 UTICA AVENUE 50.#485 MINNEAPOliS, l\tfINNESOT A 55416, 612-546-2625
July 19, 1991
STEVE RUSSELL
CITY OF STILLWATER
216 NORHT FOURTH STREET
STILLWATER, MN. 55082
Re: THE HIGHLANDS OF STILLWATER
Dear Steve,
Per our conversation this week I am writing this letter to facilitate a couple of actions by the
City Council at their Tuesday July 23rd evening meeting.
First, is a modification of the Highlands sid~walk construction from 4" the 6" thickness overall.
e Ground Development, Inc. agrees with Mr. Moore's suggested change as being the best approach
in building the sidewalk and agrees to the increased development cost.
Second, is a request by Ground Developmerht, Inc. to be granted additional ~ building permits
for pre-sold lots in Block Two of the Highlands. This permission would be granted with the
understanding that G.D.1. would create a construction roadway for both material delivery and
worker access which would not interfere with the utility and street project at the Highlands.
The buyers of the pre-sold homes would very much appreciate the City's granting the above
request so they could take possession of their homes prior to the new school year.
Also, I am pleased to announce that The Highlands of Stillwater will be part of the Home
Builders Association Fall Parade the week df September 8th.
Thank you for your attention to this matter i
Sincerely,
Steven Fiterman
President
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FROM:
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SUBJECT:
M E M 0
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ALLEN ZEPPER, BUILDING OFFICIAL
MARY LOU JOHNSON, CITY CLERK
JULY 26, 1991
GROUND DEVELOPMENT ~EQUEST FOR EARLY BUILDING PERMITS
I have been informed by Nile that the Council did not approve eal'ly building
permits for pre-sold lots in Blocik Two of the Highlands at their meeting on
July 23.
Somehow, there was a misunderstan!ding. Sorry for the inconvenience.
cc: Steve Russell
.'
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e ENCINEERS. ARCHITECTS. PLANNERS
3535 VA4lNAI5 CENTER DRIVE, sr. PAUL, MINNESOTA 55110 612490-2000
August 2, 1991
RE: STILLWATER, MINNESOTA
CITY ENGINEER
SEH FILE NO: 89114
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor and Council Members:
e
At the request of Mr. Magnuson, City Attorney, we have reviewed
the proposal submitted by three environmental firms for the
remedial testing, investigation, recording and development of a
plan of action to meet tl'1).e Minnesota Pollution Control Agency
(MPCA) regulations for p~troleum contaminated soils. These
proposals were requested and received on February 25, 1991.
These proposals were received prior to the decision to purchase
property from the Burlington Northern (Glacier Park, Inc.). This
property includes the old Uumberman's Exchange Building, Hooley's
Market and parking and railiroad areas between Chestnut street and
Mulberry Street.
At the time the proposals Iwere requested, the railroad required
confidentiality for the lo~ation of the property; so the request
for proposals (RFP) stated ithe basic parameters without divulging
the location of the property. The RFP also stated that if the
City purchased this properity, all the information contained in
the reports obtained by th~ railroad, would be made available to
the environmental consultants responding and the City would make
a selection from the list Of these respondents.
The three consultants contacted were Braun
Services, Dahl & Associ~tes, Inc., and ATEC
Consultants.
Environmental
Environmental
e
The three consultants provided detailed proposals answering the
requests indicated in the : RFP from the City. This included an
estimated cost to prepare a Remedial Investigation/Corrective
Action Design Report. T~is involves soil borings, laboratory
analysis and monitoring wells with analysis of the groundwater.
It also involves the plac;ement of soil borings such that the
limits of contamination may be determined and any sources, if
SHORT ELLIOTT
HENDRICKSON lNe
5T PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCON51N
City of Stillwater
August 2, 1991
Page 2
...
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still existing, may be determined. The RFP also requested
approximate costs for various remedial operations, such as
excavating and d~sposal of contaminated soils and various
treatments of the 4roundwater, if polluted.
We have reviewed all three proposals and find that all three
firms have approached the project in a similar manner. There is
some difference in cost and some added features with each
consultant. In evaluating the cost of the proposals, the
estimated cost fori the Remedial Investigation/Corrective Action
Design Report (RI/~AD) and the long term monitoring process were
considered. The cdst estimate ranges for excavation, disposal of
soils and any oth~r treatments that may be required, were not
considered since it is unknown at this time the extent of these
requirements. Two I of the consultants, Dahl and ATEC, said that
they would utilizel the existing borings and report furnished by
the railroad in th$ir analysis. Braun did not mention utilizing
these borings . B~aun estimated 20 borings 8 feet deep with 9
borings to be perp.anent monitoring wells. Dahl estimated 18
borings 15 feet q1eep with 8 being monitoring wells. ATEC
estimated 10 borings 7 feet deep with 3 being monitoring wells
and possibly addingl a fourth.
Dahl added a risk aFsessment to their work and also review of any ..
risk to basements, I sewer lines, etc. in the area. Dahl also .
mentioned that thet have been able to demonstrate frequently to
the MPCA that a cOfrective action is not necessary. ATEC would
also provide a ri$k assessment but did not mention reviewing
basements in the ai' ea. ATEC also would consider a "no action"
possibility.
The estimated costs are as follows:
i
Braun: I
RI/CAD ,
10-Year Q?arterly Sampling & Monitoring
Total
Dahl:
i
RI/CAD I
10-Year Quarterly Sampling & Monitoring
Total
$ 39,556
200,000
$239,556
$ 28,797
105,000
$133,797
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....,
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City of Stillwater
August 2, 1991
Page 3
ATEC:
RIjCAD
2-Year Quarterly Sampling & Monitoring
(If this is projected over a 10-year
period using the 2-year rate, the amount
is $265,000)
Total
with 10 years of monitoring.
$ 17,000
70,000
$282,000
The RFP from the City requested monitoring over a 10-year period
as a basis of consideration for cost. Both Braun and Dahl
responded to the 10-year monitoring period.
We feel that the Council could exercise one of two procedures.
If the Council wishes, they could submit all the information to
the three firms, now that confidentiality is not required, and
request firm proposals from each firm. After reviewing their
proposals, it seems that all three firms are very close in their
approach and there may not be a great deal of variation in the
cost from the firms on a second go-around. The second
possibility open to the Council would be to direct SEH to prepare
a contract, with Mr. Magnuson's review, and proceed to negotiate
with Dahl & Associates, who appear to be the lower cost firm to
see if a contract could be developed with them close to the cost
in their proposal. We would also be able to stipulate various
guarantees and insurance requirements that meet the City
Standards and if Dahl refused to accept these terms, then we
could proceed to negotiate with Braun on the same contract basis.
After discussions with Mr. Magnuson and review of the proposals,
we would recommend that the Council request SEH to proceed to
prepare contracts and negotiate a contract with Dahl & Associates
for this project.
If you have any questions, please do not hesitate to contact me.
Sincerely,
~~n-<G
Richard E. Moore, P.E.
City Engineer
REMjcih
cc: David Magnuson, City Attorney
Nile Kriesel, City Coordinator
. .J ..
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MAGNUSON & MOBERG
ATTORNEYS AT LAW
THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET P.O. BOX 438 STILLWATER, MN 55082
David T. Magnuson
James 1. Moberg
It
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Telephone: (612) 439-9464
Telecopier: (612) 439-5641
July 26, 1991
Wally Abrahamson, Mayor and City Council
Nile Kriesel, City Coordinator
216 N. 4th street
Stillwater, MN 55082
RE: Petroleum Tank Clean Up on Glacier Park Property
I enclose for the information of the Mayor and Council, a letter
received by me from the Minnesota Pollution Control Agency.
If you recall, we knew about the bad soils on the site and
elected the option of cleaning the spill up rather than asking
the railroad to do it.
Before the closing we obtained three quotes for the preparation
of a plan for clean up. Dahl and Associates, ATEC Environmental
Consultants and Braun Environmental Services all responded and
these proposals were given to Dick Moore for his evaluation and
comment.
We must let the Pollution Control Agency know as soon as possible
whether we intend to proceed with the necessary action to clean
up the spill and so it would be helpful if some action could be
taken in furtherance of these objectives at the regular meeting
scheduled for August 6, 1991.
Dick Moore has told me that he will have his recommendations
ready at that meeting. Please call me if you have any questions.
Yours very truly,
DTM/sls
Enclosure
MAGNUSON & MOBERG
.. t
,
ATTORNEYS AT LAW
THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET P.O. BOX 438 STILLWATER, MN 55082
e
David T. Magnuson
James 1. Moberg
Telephone: (612) 439-9464
Telecopier: (612) 439-5641
July 26, 1991
Patrick Hanson !
Minnesota Pollution ~ontrol Agency
520 Lafayette Road
st. Paul, MN 55155-3898
RE: Petroleum Stor11ge Tank Release Investigation and Corrective
Action Site: arking Lot, Block 18 and Block 27, Stillwater
Site ID#: LEA 00004204
Dear Mr. Hanson:
I ,
The City of stillwa~er acknowledges receipt of your agency's
letter of July 11, 11991, with regard to the site mentioned above.
The City has receivJd proposals with regard to site monitoring
and the preparation of a clean up plan from Dahl and Associates,
ATEC Environmental Consultants and Braun Environmental Services tt
and these proposals Iwill be considered by the City Council at
their regular meetirlg scheduled to be held on August 6, 1991 at
the City Hall in st~llwater.
This letter is to i~dicate that we intend to proceed with the
necessary action an1 as soon as we have chosen somebody to do the
work and have develfped a schedule for the work's completion, we
will let you know. I
We plan to work with you closely on this, so you should feel free
to call me if you hfve any questions.
I
j Yours very truly,
i Da~. Magn
DTM/sls
c~unCil
I
cc: Mayor & City
Nile Kriesel
Dick Moore
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11
JUl 1 5 1991
Minnesota Pollution Control Agency,
520 Lafayette Road, Saint Paul, Minnesota 55155-3898
Telephone (612) 296-6300
~
July 11, 1991
Mr. Dave Magnuson
City of Stillwater
324 South Main Street
Stillwater, Minnesota 55082
Dear Mr. Magnuson:
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Parking Lot, Block 18 and Block 27, Stillwater
Site rD#: LEAK00004204
The Minnesota Pollution Control Agency (MPCA) has received notification that a
release of petroleum has occurred from storage tank facilities which you own
and/or operate.
Federal and state laws require that persons legally responsible for storage
tank releases notify the MPCA of the release, investigate the extent of the
release and take actions needed to ensure that the release is cleaned up. A
person is generally considered legally responsible for a tank release if the
person owned or operated the tank either during or after the release.
We are aware that an initial investigation of the site has occurred and
petroleum contaminated soils and/or ground water have been identified. The
MPCA staff is therefore requesting you to take the necessary steps to
investigate and clean up the release in accordance with the enclosed MPCA
technical documents. If you have not already done so, we recommend that you
hire a qualified consulting firm who has experience in conducting petroleum
release site investigations and taking corrective actions. In addition, you
must notify the MPCA within 24 hours if you discover free-floating petroleum
product on the surface of the ground water.
If you do perform the requested work, the state may reimburse you for a major
portion of your costs. The Petroleum Tank Release Cleanup .Act establishes a
fund which in certain circumstances provides partial reimbursement for
petroleum tank release cleanup costs. This fund is administered by the
Petroleum Tank Release Compensation Board (Petro Board). More specific
eligibility rules are available from the Petro Board (612/297-4017).
Regional Offices: Duluth. Brainerd. Detroit Lakes. Marshall. Rochester
Equal Opportunity Employer . Printed on Recycled Paper
Mr. Dave Magnuson
Page 2
July 11, 1991
Please respond to this letter either in writing or by telephone within 30 days
after you receive it. IndiFate whether or not you intend to pro~eed with the
necessary actions, whom you have chosen to do the work, and a schedule for
implementation. Please use the site ID number at the top of this page on all
written communication.
If you do not respond withi 30 days, MPCA staff will assume you do not intend
to comply with this request. In this event, the MPCA Commissioner may order
you to take corrective actil n at the si te. If you do not comply wi th the
Commissioner's order, it mar, be enforced in court or, alternatively, the MPCA
could spend its own money cjleaning up the release and then seek to recover its
costs from you or other responsible persons through legal action. Failure to
cooperate with the MPCA in ~ timely manner may also result in reduced
reimbursement from the Petr~ Board.
I
If you conclude that the rellease in question is not from any tank which you
have owned or operated, plelase notify the MPCA immediately and explain the
basis of your conclusion. 1
fI
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A packet of fact sheets is enclosed for your information.
For site specific questionsl, contact the site's project manager, Patrick ~
Hanson, at 612/297-8578. Iln addition, all future correspondence should be ~
addressed to the above mentlioned project manager. If you have any general
questions regarding the le~king underground storage tank program please call me
at 612/297-8588.
Thank you.
Sincerely,
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David Holst I
Pollution Control Speciali~t
Tanks and Spills Section
Hazardous Waste Division
lW
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DH:np
Enclosures
cc:
Mary Lou Johnon,
Gordy Seim, Fire
City!Clerk, Stillwater
Chie~, Stillwater .
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REPORT ON
NORTHEAST' f,REA
SAN ITARY SEl~ERS
CITY OF STILLWATER
mNNESOTA
March 21, 1974
File No. 7331
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BANISTER SHORT ELLIOTT HENDRICKSON & ASSOCIATES
CONSULTING ENGINEERS
200 HILLSBOROUCH OFFICE BLDC. 2353 RICE STREET. S1. PAUL, MINNESOTA 55113. PHONE (612) 484-0272
A, W, BANISTEP., P,E.
ROGER B, SHORT. P,E.
DUANE W, ELlIOn. P,E.
N. E. HENDRICKSON, p,[.
I. M, PETERSON, P,E.
GARY R, GRAY, P,E,
LEONARD C. NEWQUIST, P,f,
DONALD G, CHRISTOEfERSEi':. P.E.
WILBUR R, LIEBENOW. P,E.
DONALD E. LUND, p,[.
lAMES K, BIEGING, E,I.T,
JOHN H, STODOLA, E.I.1.
March 21, 1974
RE: STILLWATER, MINNESOTA
EXTENSION OF SANITARY
SEWER INTERCEPTOR
OUR FILE NO. 7331
City Council
,City of Stillwater
Municipal Building
216 North Fourth Street
Stillwater, Minnesota 55082
Gentlemen:
By City Council Resolution No. 4910 you have authorized the preparation of a
preliminary report for the extension of the existing sanitary sewer intercep-
tor from Elm Street, the present northerly limit of the interceptor, to the
north city limits of the City of Stillwater. This report covers the extension
of the intercepting sewer and also the construction of lateral sewers to the
major portion of the developed areas which do not have sanitary sewer service
in the northeastern portion of the City of Stillwater.
We respectfully recommend that the data set forth in this report be reviewed
by the Council and City administrative staff in a special meeting to be set
to discuss the contents thereof.
Respectfully submitted,
BANISTER SHORT ELLIOTT HENDRICKSON & ASSOCIATES
f
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By,.:'" , ' ..... ,,/ I /f f" /,
Leonard C. Newquist, P.t.
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PART 1 - INTRODllCTION
The existing sanitary sewer system in the City of Stillwater does not provide
service to an area in the northeastern part of the City. Drawinq No.1 indicates
the limits of the existing sanitary sewer system service and that area which does
not yet have service. The existing homes in the unsewered area have on-site sewage
disposal systems. Problems with on-site disposal systems are common in this area
because of the existence of subsurface 1edoe rock at a shallow depth.
As is typical with the topography adjacent to many rivers the elevation of the
abutting ground varies substantially. The area between T.H. 95 and the St. Croix
River is relatively flat with a difference in elevation of approximately 30 feet.
The river bluffs are located adjacent to and west of T.H. 95. The total change
in elevation is in excess of 200 feet from the top of the bluff to the St. Croix
River.
The nearest existing sanitary sewers to the unsewered area are an intercepting
sewer (1811 diameter) near the St. Croix River at Elm Street and a lateral sewer
(811 diameter) at River Heights Drive and Second Street. The lateral system is at
the top of the river bluff and has limited capacity. The intercepting sewer has
capacity but is remote from the area to be sewered.
This report presents the results of studying four alternative plans for servicing
the northeast area within the City with intercepting and lateral sanitary sewers.
t
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PART 2 - ALTERNATE CONSIDERATIONS FOR SERVICE TO THE
NORTHEAST AREA
2.1 General
Alternate considerations were investigated for serving the presently un-
sewered area of the City giving consideration to immediate area lateral
sewer needs and intercepting sewer needs both for the immediate and long
range future service potential. Long range future service potential was
studied within the reserve capacity limits of the existing intercepting
sewer system.
2.2 Alternate No.1
This alternate proposes the extension of the existing intercepting sewer
system from Elm Street to Alder Street with a 1211 reinforced concrete pipe
as shown on Drawing No.2. This sewer would have capacity to serve the
entire presently unsewered area that exists within the northeastern part of
the City of Stillwater. The interceptor is proposed to be constructed
adjacent to the Burlington Northern tracks from Elm Street to Willow Street
and adjacent to T.H. 95 from Willow Street to Alder Street. The interceptor
would be entirely gravity flow.
Lateral sanitary sewers proposed are also shown on Drawing No.2. A lift
station is required to serve several of the homes east of the proposed
intercepting sewer.
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.... .. · p- PROPOSED LATERAL SEWER I t n .......~. ~ ' .J
~. -- -- - . . . PROPOSED UFT STATION i ! I .~ l_
0" F PROPOSED FORCEMAIN ~~ II J ; I
~--- PROPOSED INTERCEPTING SEWEit \% III
LATERAL SEWER SERVICE t \ ',/ I ~
AREA BOUNDARY : t; ! ;1;
'C' ..' ~ii:f~~PJb~~D~~~ER 1t i i.
NOTE: ALL SEWER e" UNLESS NOTED OTHERWISE ~ ' '-~' I "
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E. ALDER ST.
E HAZEL ST
E WILlOW 51
E. I'OPLAR ST
E, 9'RUCE 51
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E SYCAMORE ST
E 51 CROIX
E STILLWATER AVE
E, WILKIN 51,
E ASPEN 51
~ The total cost of the intercepting sewer is estimated to be $196,800 and the
total cost of the lateral sewers is estimated to be $195,640. Appendix "A"
of this report contains a detailed breakdown of the intercepting and lateral
sewer construction costs. Drawing No.2 indicates the area which would be
benefited by the intercepting and lateral sewers proposed. Assessing the
intercepting sewer on an area basis (using the total service area) and the
lateral sewer on the basis of benefited frontage, the assessed cost for the
intercepting sewer would be $0.0365 per square foot and the assessed cost
for the lateral sewer would be $25.41 per front foot of benefited frontage
In the future, the unsewered area to th~ north of Alder Street will require
lateral sewers, a lift station and forcemain for service. The cost of these
would have to be determined at that time and assessed as a lateral assessment.
--
2.3 Alternate No.2
This alternate proposes constructing an 18" intercepting sewer from Elm Street
to Alder Street, a sewage pumping station and a 1511 intercepting sewer to serve
the area within the City of Stillwater north ~f Alder Street. The interceptinq
sewer as proposed would be capable of serving approximately 320 acres north of
the City of Stillwater.
The lift station proposed for service to the north area could be developed
in stages to provide for the immediate and future capacity requirements as the
area to the north is developed.
Estimates of cost in Appendix liB" include a 1 ift station necessary for the
future requirements with the total service area developed.
e
The advantage of this alternate is thn: sanitary sewer service can be provided
to the entire northeast part of the City of Stillwater and an additional 320
- 3 -
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acres north of the City.
The total cost of the intercepting sewer is estimated at $330,705 and
the total cost of the lateral sewers is estimated to be $189,000. Appendix
"B" of this report contains a detailed breakdo...m of the cost of the inter-
cepting and lateral sewer construction costs.
e
Assessing the intercepting sewer cost to only that area presently unsewered
't,ithin the City resuHs in a cost per square foot of $0.0617. Using the
entire benefited area both ...,ithin and without the City corporate limits
the resultant cost per square foot would be $0.0171. Using areas outside the
City in the assessment computation wou.ld require that the City develop a
connection charge in lieu of an assessment. The connection charge would have
to include the cost of interest since it would be a considerable time before
all costs would be recovered. The lateral costs assessed against benefited
frontage would result in an assessment of $24.55 per front foot of benefited
property. Drawing No.3 indicates the location of lateral and intercepting
sewers proposed.
2.4 ^lternate No.3
This alternate considers providing sanitary sewer service to presently
developed areas adjacent to the St. Croix River and those areas west of
T.H. 95 north of Poplar Street by constructinq lateral sewer, a lift station
and forcemain and pumping sewage into the existing City sanitary sewers on
North Second Street.
The introduction of this report commented on the extreme elevation differences
~ between the top of the bluff west of and adjacent to T.H. 95 and areas immed-
iately adjacent to the St. Croix River. This elevation difference pre~ents
special pumping problems when considering the existing sanitary sewer system
- II _
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+ 320 AC.
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~ ~'" ~- 'LLWATER --l
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.,. ; .. PROPOSED LATERA L SEWER I i I i
F F- '~~g~~~ ~~:C~~~~~N 1__1 t i 0 J
PROPOSED INTERCEPTING SEWER~t I
LATERAL SEWER SERVICE I t I. !
AREA BOUNDARY L' I .,
INTERCEPTING SEWER : r i : '1
'~" ,'.<:,.', ',< SERVICE BOUNDARY 1 r: ,f
NO~E'AL.L SEWER a" UNLESS NOTED OTHERWI~E.r-- t--~' .)
r - ./l'( EXISTING .i'oL .
I I. I ALTERNATE NO.2, rr'/ INTE~EPT!NG~
, U I I L I 'I f : . Gl SEWER. ; I rr--- " \.
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E ALDER ST
E HAZEL ST
E WILLOW ST
E I'OPLAR ST
E SPl'lUCE ST
E JUNlPER ST
E SYCAMORE ST
E ST CROIX
, E STILLWATER M
E WILKIN ST
E ASPEN ST
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which, in this area, exists entirely at the top of the bluff. The pumping
head would be approximately 225 feet. To pump sewage against this head
would require pumps of special design or three separate pumps pumping in
series.
A disadvantage of this proposal is that the li~ited capacity of the existing
sanitary sewers does not permit sanitary sewer service beyond Alder Street.
The area north of Alder Street would require service in a different fashion.
Service to the area north of Alder Street was dealth with in a recently pre-
pared report for the Metropolitan Sewer Board which described the means of
servicing all of Washin9ton County with sanitary sewer. The report recommend-
ed the construction of a lift station in this vicinity with a force main
and intercepting sewer following Brown's Creek. This facility was not propos-
ed to be constructed until year 2010.
The cost of the lateral sewers under Alternate No.3 shown on Orawing No.4
is estimated to be $190,400. The total cost of the lift station, forcemain
and appurtenances is estimated to be $99,800. Appendix IICII of this report
contains a detailed breakdown of th~ costs of the lateral sewer and lift sta-
tion construction. Assessing the cost of the lateral sewer on a benefited
frontage basis and the lift station on an area basis the cost of the lateral
sewer would be $24.73 per front foot of benefited property and the lift sta-
tion, forcemain and appurtenances would be $0.0353 per square foot.
2.5 Alternate No.4
This alternate proposes the construction of a pumping station in the general
location of that proposed in the Washington County Wastewater Disposal Plan
(Plan B, Year 2010) with an interim discharge into the Stillwater intercepting
sewer now terminating at Elm Street which has a reserve capacity of 3.2
...
- ;) -
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PROPOSED LATERAL SEWER =ll n.- : !
PROPOSED UFT STATION ---1rt:.J: i
i ----F----F ---- PROPOSED FORCEMAIN' -==- t -..'-r z
- - LATERAL SEWER SERVICE AREA \' ' ,
LIFT STATION SERVICE AREA ,
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NOTE: ALL SEWER S"UNLESS NOTED OTHERWISE
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A LTERNAT E NO. 3 ./ll.'~-EXISTiNG .:Ji..:
r T- CJilG''''- ,: INTERCEPTING
~ L.J U LJI ! f r.l ,SEWER ':
~ _q,.:}.::;:: _ J J I _ ~_ f. I
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cfs (cubic feet per second). The lift station could be planned for capacity
increases as may be dictated by development both within the City and to the
north of the City. This alternate is shown on Drawing No.5.
Determining the cost of the intercepting sewer on an area basis (using a
service area of 443 acres) and the lateral sewers on the basis of benefited
frontage, the cost for the intercepting sewer is estimated to be SO.0142
per square foot and the lateral sewer $ 27.42 per front foot of benefited
property.
e
This alternate has the benefit of conforming with the Metropolitan Se~ler Board
plan as to lift station location. The .1ift station proposed by the Metropolitan
Sewer Board (B230) has a capacity of 780 gpm (gallons per minute). The reserve
capacity of the existing 18" interceptor is 1300 gpm. The lift station pro-
posed under this report would permit future expansion to an ultimate capacity
of 1300 gpm.
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- 6 -
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r I I L-J I I ! I! I 'n r--l t i 1 . I : ~~~ ,EST aox
~ n', I? LEGENDh U LJil iti I i ~i=~
r .. ~... PROPOSED LAT~RAL SEWER l tt n 1, n ; ~ I ; - L.........
o PROPOSED LIFT STATION I, rr-- I i 1 j ;
F _o_"____F ___ PROPOSED FORCEMAIN - ~ 1.1 I I J.. . EWlLKIN Sf
PRO POSED INTERCEPTI NG SEWER ---, 1 n I z I l. i
LATERAL SEWER SERVICE t U ! i
AREA BOUN OARY f;' ,
LIFT STATrON SERVICE OOUNOARY i 1 ~ I
NOTE' ALL SEWER a"UNLESS NOTED OTHERWISE' JIL-~/ I' ,
s. I
.. EXISTING ~i'
ALTERNATE NO.4 r; INTERCEPTING 7ff
lt1_~ '.1 __ 1.1 ~__.~ fll SEWER ~ !!: -n (~WIP\ltt ~C\
......
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..!+320 AC
ILLWATER ~
-:-- __ CITY LIMITS I
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,-r; !l=+1 I II. - '...'
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PART 3 - COST OF SERVICE
~-
3.1 Recapitulation of Costs
--------J1otal-
Proposed Intercepting
___~2-ns_tru~...ti.2_n-l Sewer ~ost___
____~ _0-.
~RESULTANT COST TO A 100 FT. WIDE
Assessed Inter- Assessed ~J.:I)O Jl..J)I,EP LOT UD____________
ceptinq Sewer Lateral Sewer Intercepting Lateral Sewer Total (1)
C-9s~_J/S~i~___ ~.?JJiL..L_- Sew~..r_~_s_~~ssme..!.l.:t___ As_~es_~m~_t___ A_ssess~len.t_
Total
Lateral
Sewer Cost
.._. -----~---- ...-----.-----
---.--------- ._-------- ---.---.---.--- ----.---------- --.---.-.
ALTERNATE #1 $ 196,800 $ 195,640 $ 0.0365/S.F.(2) $ 25.41/ F . F . $ 547 $ 2,541 $ 3,088
^LTEr~NATE 112 $ 330,750 $ 189,000 $ O.Ol71/S.F. (3) $24.55/F.F. $ 257 $ 2,455 $ 2,800
ALTERNATE 113 $ 99,800(4) $ 190,400 $ 0.0353/S.F. $24.73/P.F. $ 529 $ 2,473 $ 3,002
ALTERNATE #4 $ 272,370(4) $ 211,160 $ 0.0142/S.F.(3) $27.42/F.F. $213 $ 2,742 $ 2:955
NOTES: .
(1) Add $460 for sewer service to property line.
(2) Based on an intercepting sewer service area of 123 acres.
(3) Based on an intercepting sewer service area of 443 acres.
(4) Cost for lift station and forcemain.
(5) Actual lots vary both larger and smaller than that shown.
- 7 -
~ 3.2 Cost Variiltions
There is little variation in cost of the proposed lateral sewer system
proposed. ~1ajor costs vary in that of the interceptin~ se\',er, ranqing
from $0.0171 to $0.0365 per square foot. Assessing of the cost is another
matter. The most economical alternates proposed are Alternates No.2 and
No.4 which propose the utilization of the existing Stillwater intercepting
selt/er to the maximum of the reserve capacity available. This will permit
service to an estimated 443 acres outside the present corporate boundary
of the City. Or to be stated another way, 75% of the service area is out-
side the City. The City cannot assess this area. ^ connection charge
could be deveoped to be charged in lieu of an assessment but would poten-
tially require many years to be fully recovered.
4It The plans which can be totally assessed are Alternates No.1 and No.3 but
are shortsighted in the way of providing for future service to the area to
the north.
The sewage lift station proposed in Alternate No.4 is in closest conformance
with the recommended plan for sewer service to the area north of the City of
Stillwater (Plan B, Year 2010 MSB Report)
3.3 Cost Participation
Under the Federal Clear Waters Act of 1972 sewers required to correct a health
problem resulting from inoperative or inadequate septic tanks qualify for a
participating grant. HOlt/ever, the priority of such a grant is very low. Yet
a grant should be applied for in an attempt to recover a portion of the cost.
e
The Metropolitan Sewer Board should also be contacted to establish possible
participation in the pumping station and forcemain costs.
- 8 -
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A federal grant and/or '1etropolitan Sewer Board participation is vital
to permit the construction of a facility which will provide service to
areas beyond those presently in need of that service.
If neither Federal or Sewer Board participation seen~ likely the plan
recommended under Alternate No. should be constructed. Service to the
entire remaining portion of the City will be acconplished and all of the
costs are assessable without the need for deferring any costs for outside
area service.
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CONCLUSIONS AND RECOMMENDATIONS
As a part of the detailed investigation, survey and study which comprises a
part of this report, it is concluded that:
1. An area in northeast Stillwater with the corporate limits
comprising approximately 123 acres is not served by the
City sanitary sewer system.
2. Within the unsewered area on-site sewage disposal systems
do not function properly because of the existence of
ledge rock at a shallow depth.
3. The existing intercepting sewer located near the St. Croix
River terminating at Elm Street has a reserve capacity of
3.2 CFS (cubic feet per second).
4. The nearest adjacent City lateral sanitary sewer system
terminating at River Heights Drive and North Second Street,
. has limited capacity and is at a high elevation above the
unsewered area.
5. The remoteness of, the existing intercepting sewer as a
discharge point results in a high intercepting sewer cost
unless a maximum service area is 'considered.
6. The high elevation and limited capacity of the existing
lateral sanitary sewer system causes service through
this system to be of questionable long range benefit.
7. The Metropolitan Wastewater Disposal System Plan for
Washington County considers a lift station in the general
area required to provide service to the unsewered area
under study.
- 10 -
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8. The proposed MSB (Metropolitan Sewer Board) pumping station
(Plant B, year 2010) will in the future, dischal'ge into a
system which will carry the sewage to a proposed wastewater
treatment plant near Cottage Grove.
9. The Stillwater intercepting sewer now terminatinq at Elm
Street has residual capacity beyond the capacity of the pro-
MSB pumping station. (B 230)
10. Federal Environmental Protection Agency grants apply to areas
requiring sewers to solve a health problem caused by inadequate
and/or inoperative on-site disposal systems.
"';..C:-L: .~ _ . _.,- .".,-4
In considering the foregoing it is c~ that:
1. The Metropolitan Sewer Board be requested to participate in
~he construction of Alternate No.4 sewage lift station with
an interim discharge into the Elm Street intercepting sewer
. providing for service to 443 acres, 320 of which are outside
the City.
2. Lateral sewers be constructed in accordance with Alternate
Plan No.4.
3. A federal grant be applied for to assist in constructing
the recommended sewage lift station and lateral sewers in
the unsewered area.
4. The recommended plan is estimated to cost $272,370 for a
sewage lift station and forcemain and $211,160 for later-
al sanitary sewers.
- 11 -
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APPENDIX "A"
EST H1ATES OF COST
ALTERf'lATE iiO. 1
CONSTRUCT INTERCEPTOR (12")
70 L. F. 12" RCP o - 6' DEEP @ $ 8.10/ L. F. = $ 567
290 L.F. 12" RCP 6 - 81 DEEP @ $ 3.50/L.F. = 2,~65
1 ,360 L.F. 12" RCP 8 - 10' DEEP (l $ 8.90/L.F. = 1 2 , 1 04
340 L. F. 12" RC P 10 - 12' DEEP @ $ 9.80/L.F. = 3,332
345 L. F. 12" RCP 12 - 14' DEEP 13 S 10.60/L.F. = 3,657
490 L. F. 1 2" RC P 1 4 - 1 6 I DEEP @ $ 12.10/L.F. = 5,929
720 L. F. 12" RC P 16 - 18 I DEEP @ $ 13. 50/L. F. = 9,720
335 L. F. 12" RCP "18 - 20' DEEP @ S 15.00/L.F. = 5,025
170 L.F. 12" RCP 20 - 22' DEEP @ $ 17.30/L.F. = 2,941
30 L.F. 12" RCP 22 - 24' DEEP @ $ 19.60/L.F. = 588
30 L. F. 12" RCP 24 - 261 DEEP @ $ 23. 60/L. F. = 708
25 L.F. 12" RCP 26 - 28' DEEP @ $ 28.80/L.F. = 720
180 L. F. 12" RCP TUNNEL UNDER R.R. TRACKS @ S 200.00/L.F. = 36,000
13 EACH STANDARD MANHOLE 8' DEEP @ $ 400.00/EACH = 5,200
e 70 L.F. ADDITIONAL MANHOLE (1 $ 40. OO/L. F . = 2,800
3,350 C.Y. ROCK ELEVATION @ $ 12.00/C.Y. = 40,200
9,600 S.F. SHORING @ $ 1.00/S.F. = 9,600
250 Totl ROCK BALLAST @ $ 5.00/TON = 1,250
1 EACH CONNECT TO INP. CONTROL STRUCTURE @ $ 300.00/EACH = 300
30 EACH CLEAR & GRUB TREES @ $ 100.00/EACH = 3,000
240 TONS BITUMINOUS WEARING COURSE @ $ 14.00/TON = 3,360
180 C.Y. CLASS 5 GRAVEL BASE @ $ 9.00/C.Y. = 1 ,620
3,000 S.Y. SOD @ $ 1.00/S.Y. = 3,000
3 ACRES SEEDING @ $ 50D.00/ACRE = ~ ,500
SUBTOTAL S 155,586
PLUS 10% FOR CONTINGENCIES 15,559
PLUS 15% ENGINEERING, LEGAL & ADMINISTRATIVE 25 ,15~}
TOTAL ESTIMATED COST $ 196,800
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Appendix "A" - Page 1
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ALTERNATE NO.1 (CmlTHlUED)
CDrlSTRUCT LATER.l\L SEUERS
2,450 L. F. 8" V.C.P. 8 - 101 DEEP @ $ 6. OO/L. F. = S 1 4 , 7 00
2,135 L. F. 8\1 V.C.P. 10 - 12' DEEP @ $ 7 .001 L. F. = 14,945
695 L. F. 8" V.C.P. 12 - 14' DEEP (1 S 8. 20/L. F . = 5,699
455 L.F. 8" V.C.P. 14 - 1O1 DEEP @ $ 10.S0/l.F. = 4,914
335 L.F. 811 V .C.P. 16 - 18' DEEP @ $ 12.60/L.F. = 4,221
55 L.F. 8" V.C.P. 13 - 20' DEEP @ $ 14.60/L.F. = 803
45 L. F. 8" V.C.P. 20 - 22' DEEP @ $ 17 .10/L.F. = 770
70 L.F. 8" SEWER JACKED @ S 50.00/L.F. = 3,500
32 EACH STANDARD MANHOLE 8' DEEP @ $ 400.00/EACH = 12,800
123 L.F. ADDITIONAL ~lANHOLE @ $ 40.00/L.F. = 4,920
34 L.F. OUTSIDE DROP @ S 25.00/l.F. = 850
1,500 C.Y. CLASS 5 GRAVEL BASE @ $ 9.00/C.Y. = 13,500
1 ,070 TON BITUMINOUS WEARING COURSE @ $ 14.00/TON = 14,980
355 L.F. REMOVE & REPLACE CONCRETE @ $ 5.50/L.F. = 1 ,952
CURB & GUTTER
4,900 S.Y. SOD @ $ 1. OO/S. Y . = 4,900
1,600 C.Y. ROCK EXCAVATION @ $ 12.00/C.Y. = 19,200
e 1,900 C.Y. CLASS 5 FOR GRAVEL ST. RESTORATION (l $ g.OO/C.Y. = 17 , 1 00
1 EACH Ll FT STATION @ $ 14,000/EACH = 14,000
180 L.F. FORCEt~AIN @ $ 5. OO/L. F. = 900
--
SUBTOTAL S 154,654
PLUS 10% FOR CONTINGENCIES, 15,465
PLUS 15% ENGINEERING, LEGAL & ADi'iINISTRATIVE ~~l
TOTAL ESTIMATED COST $ 195,640
tit
Appendix "All - Page 2
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--
200
350
450
460
70
290
1,390
340
345
490
720
335
170
30
30
25
180
18
75
3,830
9,600
250
1
30
460
400
60
4,850
4
1
620
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L. F.
L. F.
L.F.
L. F.
L. F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L. F.
L. F.
L. F.
L.F.
L. F.
L.F.
EACH
L.F.
C.Y.
S.F.
TON
EACH
EACH
TON
C.Y.
C.Y.
S.Y.
ACRE
EACH
L. F.
APPENDIX "B"
ESTIMATE OF COST
ALTERNATE NO. 2
CONSTRUCT INTERCEPTOR SEWJ~~
1511 R.C.P. 0 - 6' DEEP
1511 R.C.P. 6 - 8' DEEP
15" R.C.P. 3 - 10' DEEP
15" R. C . P. 10 - 12' DEEP
18" R.C.P. 0 - 6' DEEP
18" R.C.P. 6 - 8' DEEP
18" R.C.P. 8 - 10' DEEP
18" R.C.P. 10 - 12' DEEP
18" R.C.P. 12 - 14' DEEP
18" R.C.P. 14 - 16' DEEP
1811 R.C.P. 16 - 18' DEEP
18" R.C.P. 18 - 20' DEEP
18" R.C.P. 20 - 22' DEEP
18" R.C.P. 22 - 24' DEEP
18" R.C.P. 24 - 26' DEEP
18" R.C.P. 26 - 28' DEEP
1811 R.C.P. TUNrIEL UNDER R.R.
STANDARD MANHOLE 8' DEEP
ADDITIONAL MANHOLE
ROC K EX C/W,l\T ION
SHOR I ~lr,
ROCK BALLAST
CONfJECT TO IN PLACE CONTROL
STRUCTURE
CLEAR & GRUB TREES
BITUMINOUS WEARING COURSE
CLASS 5 BASE
CLASS 2 SHOLDERING
SOD
SOD
LI FT STATION
FORCEMAIN
TRACKS
@ $ 9.00/L.F. = S
@ $ 10.50/L.F. =
@ $ 11.20/L.F. =
@ $ 12.00/L.F. =
@ $ 10.50/L.F. =
@ $ 11. 00/L. F. =
G $ 11.50/L.F. =
@ $ 13.50/L.F. =
@ $ 14.50/L.F. =
@ $ 16.00/L.F. =
@ $ 17.70/L.F. =
@ $ 21.00/L.F. =
@ $ 25.00/L.F. =
@ $ 29.50/L.F. =
@ $ 34.00/L.F. =
@ $ 40.50/L.F. =
@ S 240.00/L.F. =
@ $ 400.00/EACH =
@ $ 40.00/L.F. =
@ $ 12.00/C.Y. =
@ $ 1.00/S.F. =
@ S 5.00/TO~ =
@ $ 300.00/EACH ~
@ $ 100.00/EACH =
@ $ 14.00/TON =
@ $ 9.00/C.Y. =
,@ $ 14.00/C.Y. =
@ $ 1.00/S.Y. =
@ $ SOO.OO/ACRE =
@ $ 45,000jEACH =
@ $ 8.00/L.F. =
SUBTOTAL
PLUS 10% FOR CONTINGENCIES
PLUS 15% ENGINEERING, LEGAL & ADMINISTRATIVE
TOTAL ESTIMATED COST
Appendix liB" - Page 1
1 ,800
3,675
5,040
5,520
735
3 , 1 90
15,640
4,590
5,002
7,840
12,744
7,035
4,250
885
1 ,020
1 ,012
43,200
7,200
3,280
45,960
9,600
1 ,250
300
3,000
6,440
3,600
840
4,850
2,000
45,000
_~ 960
$ 261,459
26,146
43,145
$ 330,750
e
ALTERNATE 2 (CO~TINUED)
CONSTRUCT LATERAL SEWERS
2,425 L.F. 8" VCP 8 - 101 DEEP @ $ 6.00/L.F. = $ 14,550
2,200 L. F. 8" VCP 10 - 12' DEEP @ S 7 .001 L. F. = 1 5,400
690 L.F. 8" VCP 12 - 14' DEEP o $ 8.20/L.F. = 5,658
445 L. F. 8" VCP 14 - 161 DEEP @ $ 10.80/L.F. = 4,806
335 L. F. 8" VCP 16 - 181 DEEP @ $ 12.60/L.F. = 4,221
75 L. F. 8" VCP 18 - 201 DEEP @ $ 14.60/L.F. = 1 ,095
65 L. F. 8" VCP 20 - 221 DEEP @ $ 17. lOlL. F. = 1,111
35 L.F. 8" VCP 22 - 241 DEEP @ $ 19.10/L.F. = 668
40 L.F. 8" VCP 24 - 261 DEEP @ $ 23.40/L.F. = 936
45 L.F. 8" VCP 26 - 28' DEEP @ $ 28.50/L.F. =: 1 ,282
45 L. F. 8" VCP 28 - 30' DEEP @ $ 33.80/L.F. = 1 ,521
70 L.F. 8" JACKED @ $ 50.00/L.F. = 3,500
33 EACH STANDARD MANHOLE 81 DEEP @ $ 400.00/EACH = 13 ,200
138 L.F. ADDITIONAL MANHOLE @ $ 40.00/L.F. = 5,520
34 L.F. OUTS IDE DROP @ $ 25 .00/L. F. = 850
1 ,670 C.Y. CLASS 5 GRAVEL BASE @ $ 9.00/C.Y. = 15,030
1 ,070 TON BITUMINOUS WEARING COURSE @ $ 14.00/TON = 14,980
It 355 L. F. REMOVE & REPLACE CONCRETE CURB @ $ 5.50/L.F. = 1 ,952
AND GUTTER
4,900 S.Y. SOD @ $ 1.00/S.Y. = 4,900
1 ,760 C.Y. ROCK EXCAVATION @ $ 12.00/C.Y. = 21,120
1,900 C.Y. CLASS 5 FOR GRAVEL ST. RESTORATION @ $ 9.00/C.Y. = 17,100
SUBTOTAL S 149,401
PLUS 10% FOR CONTINGENCIES 14,940
PLUS 15% ENGINEERING, LEGAL & ADMINISTRATIVE 24,659
TOTAL ESTIMATED COST $ 139,000
e
Appendix "B" - Page 2
e
APPENDIX "C"
ESTIMATE OF COST
ALTERNATE NO.3
CONSTRUCT SHJAGE PUr.1PHIG STATION
1 EACH LI FT STATION @ S 65,000/EACH = S 65,000
2,200 L.F. FORCEMAIN @ $ 5.00/L.F. = 11 ,000
125 C.Y. CLASS 5 GRAVEL BASE @ $ 9.00/C.Y. = 1,125
125 TON BITUMINOUS WEARING COURSE @ $ 14.00/TON = -1.,750
SUBTOTAL $ 78,875
PLUS 1 m6 FOR Cm!TH!GENCIES
7,888
13,037
$ 99,800
PLUS 15% ENGINEERING, LEGAL & Aor~INISTRATIVE
TOTAL ESTIMATED COST
e CONSTRUCT LATERAL SEWERS
3,320 L. F. 8" VCP 8 - 10' DEEP @ $ 6. 00/L. F. = S 19,920
1,935 L. F'. 8" VCP 10 - 12' DEEP @ $ 7.00/L.F. = 13 , 545
695 L.F. 8" VCP 12 - 14' DEEP @ $ 8.20/L.F. = 5,699
455 L.F. 8" VCP 14 - 16' DEEP @ $ 10.80/L.F. = 4,914
335 L.F. 8 II VCP 16 - 18 I DEEP @ $ 12.60/L.F. = 4,221
55 L.F. 8" VCP 18 - 20' DEEP @ $ 14.601 L. F. = 803
45 L.F. 811 VCP 20 - 221 DEEP @ $ 17.10/L.F. = 770
70 L.F. 811 JACKED @ $ 50.00/L.F. = 3,500
32 EACH STANDARD MANHOLE 8' DEEP @ $ 400.00/EACH = 12,800
123 L. F. ADDITIONAL MANHOLE @ $ 40.00/L.F. = 4,920
34 L. F. OUTSIDE DROP @ $ 25.00/L.F. = 850
1 ,800 C.Y. CLASS 5 GRAVEL BASE @ $ 9.00/C.Y. = 16,200
1,370 TON BITUMINOUS WEARING COURSE @ $ 14.00/TON = 19,180
355 L.F. REMOVE & REPLACE CONCRETE CURB @ $ 5. SOiL. F . = 1,952
AND GUTTER
4,900 S.Y. SOD @ $ 1.00/S.Y. = 4,900
1,600 C.Y. ROCK EXCAVATION @ $ 12.00/C.Y. = 1 9, 20J
1 ,900 C.Y. CLASS 5 FOR GRAVEL ST. RESTORATION @ $ 9.00/C.Y. = 17,100
SUBTOTAL $ 150,474
PLUS 10% FOR CONTINGENCIES 15,047
e PLUS 15% ENGINEERING, LEGAL & ADMINISTRATIVE 24,879
TOTAL ESTIMATED COST $ 190,400
Appendix IIC" - Page 1
APPENDIX "0"
e
ES1IMATE OF COST
ALTERNATE NO.4
CONSTRUCT INTERCEPTOR SEWER (18")
200 L.F. 15" R.C.P. o - 6' DEEP @ $ 9.0D/L.F. = $ 1 , SOO
350 L.F. 15" R.C.P. 6 - 8' DEEP @ $ 10. 50/L. F. = 3 ,675
450 L. F. 15" R.C.P. 3 - 10' DEEP G S 11.20/L.F. = 5,040
460 L.F. 15'1 R. C . P. 10 - 12' DEEP @ $ 12.00/L.F. = 5,520
5 EACH STANDARD MANHOLE 8' DEEP o $ 400.00/EACH = 2,000
10 L. F. ADDITIONAL ~1A~'IHOLE o S ~O.QO/L.F. = 400
3,830 C.Y. ROCK EXCAVATION @ $ 12.00/C. Y. = 45,960
9,600 S.F. SHORING @ $ 1 . OO/S. F. = 9,600
250 TON ROCK BALLAST @ S 5.00/TON = 1,250
1 EACH CONNECT TO IN PLACE CONTROL o S 300.00/EACH = 300
STRUCTURE
30 EACH CLEAR & GRUB TREES @ $ 1.00/EACH = 3,000
460 TON BITUMINOUS WEARING COURSE @ $ 14.00/TON = 6,440
400 C.Y. CLASS 5 8ASE @ $ 9.00/C.Y. = 3,600
e 60 C.Y. CLASS 2 SHOLDERING @ $ 14.00/C.Y. = 840
4,850 S.Y. SOD @ $ 1.00/S.Y. = 4,850
4 ACRE SEEDING @ $ 500.~O/ACRE = 2,000
1 EACH LIFT STATION @ $ 45,OOO/EACH = 45,000
4,855 L. F. FORCEMAIN @ $ 8.DO/L.F. = 38,824
180 L. F. FORCEMAIN TUNNEL UNDER R.R. TRACKS @ S 20D.00/L.F. = 36,000
SUBTOTAL $ 216,099
PLUS 10% FOR CONTINGENCIES 21 ,610
PLUS 15% ENGINEERING, LEGAL & ADMINISTRATIVE ~6il
TOTAL ESTIt1ATED COST $ 273,370
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Appendix "0" - Page 1
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ALTER~IATE 4 (CONTINUED)
CONSTRUCT LATERAL SEWERS
2,425 L. F. 8" VCP 8 - 10' DEEP @ ~' 6.00/L.F. = $ 14,550
~
3,200 L. F. 8" VCP 10 - 12' DEEP @ " 7. 00/L. F. = 22,400
' .;
690 L.r. 8" VCP 12 - 14' DEEP @ $ G. 20/L. F . = 5,658
4'15 L.F. 8" VCP 14 - 16' DEEP @ S 10.80/L.F. = 4,806
335 L. F. 8" VCP 16 - 18' DEEP (? S 12.60/L.F. = ~,,221
75 L.F. 8" VCP 18 - 20' DEEP (\ ~ 1<1.60/L.F. = 1,09S
65 L.r. 8" VCP 20 - "?' fJEEP @ $ 17.10/L.F. = 1,111
<--
35 L.F. 8" VCP 22 - 2/1,' DEEP @ S 19.10/L.F. = 668
40 L.F. 8" VCP 211 - 26' DEEP 13 $ 23. 40/L. F . = 936
45 L. F. 8" VCP 26 - 27' DEEP (,l ~ 28. 50/L. F. = 1 ,232
~ ,~
.15 L. F. 8" VCP 28 - 3D' [JEEP (J S 33.80/L.F. = 1 , G21
70 L.r- . 8" JACKED (l $ 50.00/L.F. = 3,SOO
34 EACH STANDARD t1ANHOLE 8 I DEEP @ S 100.00/EACH = 13,600
141 L. F. ADDITIONAL MANHOLE @ $ l1,O. OO/L . F . = 5,640
34 L.F. OUTS WE DROP @ $ 25.00/L.F. = 850
2,470 C.Y. CLASS 5 GP.AVEL BASE @ $ g.OO/c.Y. .. 22,230
e 1 ,270 TC~! BITUMINOUS WEARING COURSE o ~ 14.00/TON = 17,730
355 L. F. REMOVE & REPLACE CONCRETE CURB (l $ 5.50/L.F. = 1 ,952
AND GUTTER
4,900 S.Y. SOD @ ~ 1.00/S. Y. = 4,900
1,760 ~.Y. ROCK EXCAVATION @ ~ 1 2.00/ C . Y . = 21 ,120
1,900 C.Y. CLASS 5 FOR GRAVEL ST. RESTORATION o t) 9.00/C.Y. = 17,100
SUBTOTAL $ 166/322
PLUS 10% FOR CONTINGENCIES 16.692
PLUS 15~ ENGINEERING, LEGAL &ADrlINISTRATIVE _27 .54~
TOTAL ESTIMATED COST $ 21'1,160
e
Appendix "0" - Page 2
e
APPENDIX "E"
ESTIMATE OF COST
COST OF INSTALLATION OF SANITARY SERVICES TO PROPERTY LINE
1 EACH 4/8 WYES @ $ 10.00/EACH = $ 10
30 L.F. 4" CISP SERVICES @ $ 6.00/L.F. = 180
36 S.Y. SOD @ $ 1. 00/ S . Y . = 36
6 TON BITUMINOUS WEARING COURSE @ $ 14.00/TON = 34
6 C.Y. CLASS 5 @ $ g.OO/C.Y. = 54
SUBTOTAL $ 364
PLUS 10% FOR CONTINGENCIES 36
PLUS 15% ENGINEERING, LEGAL & ADMINISTRATIVE 60
e TOTAL ESTH1ATED COST S 460/SERVICE
e
Appendix lOp - Page 1
,. .C<(
o
e
REYNOLD
Rephi Records
8605 Windward Circle
Eden Prairie, MN 55344
1017 Lowry Avenue North
Minneapolis,'MN 55411
July 26, 1991
Dear City of Stillwater:
We are writing you to ask permission to put on a free concert at your
ampttheater in Pioneer Park. Our group" Reynolds Remarkab1 e Rhythm
Cattle, is putti"ng on free concernts in many area cities to help area
food shelves.
e
Knut Koupee ~lusic Stores are sponsoring the sound system; we will pro-
vide a great concert. Peopl e attending the concert are urged to bri ng
a non-perishable food item to be donated to the Stillwater food shelf.
We would like to perform the concert on Saturday, September 14, from
1 p.m. to 3 p.m.; in case of rain on Sunday, September 15, from 2 p.m.
to 4 p. m .
Helve included a group bio so you may get to know us better. We will
appreciate 5eing of service to your community.
Sincerely,
Rob Davtes:
Reynol ds, Remarkabl e Rnytfun Cattl e
(612) 522-225Q
e
"The public is a (thick skinned) beast and you have to
keep whacking away at its hide to let it know you're there."
Walt Whitman
. '
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REYNOLD'S · REMARKABLE
RHYTHM · CATTLE
REYNOLD'S REMARKABLE RHYTHM CATTLE was formed in April 1990 with a desire to promote
a fresh new original sound. Their music is an eclectic blend of the nee-psychedelic,
futuristic folk, and regenerated rock. The melodies are catchy and intricate, the
lyrics are sophisticated yet accessible ~~d their delivery is crisp and precise.
The RHYTHM CATTLE'S music is popular on college and commercial radio stations
across the nation and also in Europe. The band has recorded three albums in the.
last 18 months-'- "Uptown And Country", "Cottage Industry" and soon to be released
"What's Inside". Rob and Luke have worked with Reynold on various album projects
in the past which, along with their recent albums, have received rave reviews in
such national publications as CMJ, Guitar Player, Factsheet Five and The Wire, and
locally in The Twin Cities Reader, and City Pages.
The RHYTHM CATI'LE perform at, colleges, clubs and festivals to a loyal and ever-
growing audience. Plans are in the making for a college and radio tour in the
Fall of 1991-
e The RHYTHM CATTLE present a genuinely refreshing stage presence. Their recordings
capture the pure and definitive sound of their live performances.
REYNOLD'S REMARKABLE RHYTHM CATI'LE are:
Reynold Philipsek (vocals, guitar, composition)
Reynold expertly plays rock, country boogie, jazz and blues. His
gui tar-wrenching style. is eminently musical and balances out his well-
sculpted vocals. Reynold's prose reveals a candid and humorous insight
into the American condition, with lyrics and merodies that are timely
and not easily forgotten. He has written and produced ten solo albums
and collaborated on many others. When not performing, Reynold teaches
qui tar at and heads the Knut-Koupee' Konservatory.
Rob Davies (drums, percussion, harmony vocals)
Rob's drunming is an exuberant and emotional blend of timely and
intricate rhythms that carry the listener along with crescendos and
diminuendos into the curves and hooks of Reynold's writing. When not
performing, Rob is the main drum teacher at Knut-Koupee I Konservatory.
e
Luke Kramer (guitar, bass, harmony vocals)
Luke's guitar style is diverse, complex and savvy. Whether playing
guitar or bass, his sound is fresh, clean and distinctive - at once
complementing and completing the bands' unique flavor. When not
performing, Luke teaches guitar at Knut-Koupee' Konservatory.
For booking information call 612/824-0736 or 612/941-0639
. .
e
"...Reynold writes brilliant, biting
pictures of urban folk life."
Cliff Furnald
CMJ New Music Report
Reynold
"Quirky guitar-
based pop that
roams into the blues
and the country..."
Factsheet Five #32
Rob
"...cool steel-stringed'
rhythms...breadth in
instrumental settings...
Tom MUlhearn
Guitar Player
Luke
"...a surplus of craft,
while avoiding cliches
and ego-gratifying
flash." e
Tom Surowitz
Twin Cities Reader
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- ,. .... ~
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 91-151
e
Amdahl, Chris
A T & T
Bryan Rock Products
Buell's Nursery
Business Equipment Brolerage
Capitol Communications
Certified Laboratories
Commission of Transportation
Courier, The
Croixside printing
Cub Foods
Custom Fire Apparatus
DAC Industries
Deb1on, Diane
Deblon, Diane
Del's Sales & Service
Dorsey & Whitney
Equipment Supply, Inc.
Esteban's
First Trust
First Trust
Glaser, Paul W.
Gordon Iron & Metal
Gov't. Finance Officers Assn.
Gun N Smith
Harvest States
International Assn. Arson
Interstate Diesel
Intoximeters, Inc.
Jim's Building Mte.
J. L. Shie1y Company
Jae's Precast
Johnson, Mary Lou
Ko1b, James
Ko11iner's
Lake Management, Inc.
Lind, Leslie & Gladys
L. J. Schuster Company
Magnuson, David
Metropolitan Waste Control
Commission
Metz Baking Company
Minnesota Cellular One
Mn. Conway Fire & Safety
M. I. A. M. A.
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Re-key Lock/Keys $
Long Distance Calls
Crushed Rock
5 Trees
Ribbons
Repair Radios
Sewer Dye
Inspections
Publications
Flyers-Downtown
House Supplies
Pump Test
Cleaner
Air Fare/Expenses
Health Insurance
Oil
Legal Services (6-24/7-15)
Mte.Contracts
Kick-off Breakfast
Destruct Securities
Return Fee
Boiler Engineer
2 Oxygen Cylinders
Newsletter/Membership
Ammunition
Sprayer/weed Killer
Membership-Bell
Overhaul Engine
Mouth pieces
July Ser~ices
Sand
2 barrel manholes
Mileage/Expenses
Downtown Shuttle
Shirts/Ties-Miller
Beach Spraying
Land Purchase
Account Payable Checks
Legal Services
SAC Charge
Concession Supplies
Mobile Phone Charges
Recharges
Membership-Bielenberg
81. 00
11.35
302.03
1,150.00
50.00
191.10
154.85
1,825.57
131.25
109.00
69.68
825.00
130 . 7 9
161. 98
219.23
8.00
5,750.65
1,249.00
400.00
230.00
115.00
200.00
40.00
170.00
15.40
169.50
37.00
617.44
48.00
1,016.60
13 5. 71
250 . 54
8.50
11,623.50
100 .45
791.00
927.00
692.62
8,083.60
53 , 905. 50
80.84
27.57
56.50
75.00
M. T. I. Distributing
Minnesota U. C. Fund
Mogren Bros.
M Products
Municilite Company
Northern States Power Co.
Northern States Poweri Co.
Ness, George I
O.E.I. Business Formsl~
One Hour Express Phot
Reliable Office Suppl
River City Beverage I
St. Croix Animal Shelter
St. Croix Cleaners
Short Elliott Hendrickson
Small Business Institfte
Snyder Bros. #16 I
state Treasurer
Stillwater Area C of C
SAEOC
Stillwater Sign compahy
T. A. Schifsky & Sons
United Building Center
U. S. Lamp Inc.
Viking Office Products
Volunteer Firemen's Benefit
Assn.
White Bear Dodge
Witzel Tree Moving
Yocum Oil Company
Zarnoth Brush Works
Zee Medical Service
Zepper, Allen
MANUAL CHECK-JULY
B & A Towing ,
Blue Cross/Blue Shiel~
Junker Sanitation sertice
Metro Region Headquar~ers
Fisheries I
Mn. Department TransP4rtation
Minnesota State Treas~rer
Postmaster
Stafford, R. H. Washington
County Treasurer
Stafford, R. H. Washiqgton
County Treasurer I
I
I
Taro Distributor
Unemployment
Black Dirt
Wheelboard
Strobe Light
Energy Charges
Energy Charges
(Street Lighting/Ice
Picture Racks
Pa per
Photo Processing
Supplies
Concession Supplies
June Boarding Fees
Laundry-Fire
Engineering
Shoplifting Tape
Film/Cat Food
Renew Cert.-J. Johnson
Balance of Damage Deposit
1991 Funding
Downtown Shuttle
Blacktop
Cement
Light Bulbs
Office Supplies
~...., A _
189.62
2,216.69
47.50
8.00
56.00
5,907.10
13,255.22
Arena)
Membership (4)
Cable Assy.
Plant 6 Trees
Case Motor Oil
2 Gutter Brooms
Band Aids
Reimburs~-3 Chapter Meetings
,Towing/Storage
July Billing
July Payment
Permit-Lily Lake
Agreement 67568
Surcharge-2nd Qtr.
Permit Mailing
Recording Fees
Deed Tax
e
360.00
2 97 .00
21. 12
43.36
792.00
176.00
11.70
3,670.74
64.00
28.77
15.00
132.72
4,500.00
250.00
244.42
34.44
192.30
187.43
e
24.00
24.75
450.00
71.00
158.00
8.70
30.00
200.00
3,263.38
70,000.00
46.00
11,921.19
3,613.22
767.42
30.00
~
3,300.00
, "
e
Burlington Northern Railroad
Firstar Stillwater Bank
ADDENDUM TO BILLS
e
Action Rental
American Linen Supply
A T & T
A T & T
Augustine, Al
Beberg, Byrdie
Courier, The
C. W. Houle, Inc.
Don Anderson Heating
Freshwater Aquatics
Gannon's Auto Body
Goodwill Industries
G & K Services
Hydrocon, Inc.
Johnson Bros. Corporation
Junker Recycling Service
Kriesel, Nile
Lakes Gas Company
Mn. Correctional Facility
Northern States Power Co.
Ra-Mar Plumbing
Reliable corporation
st. croix Drug
Short Elliott Hendrickson
Snyder Bros. #16
Statesider, The
Stillwater Book & Stationery
Thompson Hardware Company
Thomsen, Timothy
Valley Auto Supply
Viking Office Products
Watson, Dennis
wybrite, Inc.
Lease
Oak Glen Note
Cement
Linen Service
Lease/Rental
Leased Equipment
Refund-Interest
Typing
publications
Payment #3
Refund-Heating Permit
Weed Harvest
Repairs
July Expenses
Uniform Rental
Payment #2
Payment #1
July Charges
Expenses
Propane
Inventory Forms
Energy Charges
Move,Water Meter
Office Supplies
Batteries/Flashlight
Engineering
Films/Tapes
GFOA Conference
Office Supplies
Supplies
Fuses
Auto Parts
Office Supplies
programming
Mte. Agreement
Adopted by the Council this 6th day of August, 1991.
APPROVED FOR PAYMENT
e
4,000.00
218,406.21
82.00
20.50
146.20
47.63
18,554.84
70.00
67.50
56, 356 . 14
55.50
3,600.00
621.00
606.75
842.00
175,022.24
366,555.46
6, 594 .00
66.70
61. 50
66.30
1,519.33
305.25
37.89
8.45
5,270.55
127.53
31.00
91.79
54 .82
1.29
577.42
96 . 84
260.00
158.00
~
CONTRACTORS APPLICATIONS
August 6, 1991
Advanced Drywall, Inc.
10803 93rd Ave. No.
Maple Grove, Mn. 55369
Nile's Construction
507 No. 6 th St.
Bayport, Mn. 55003
Fenna Construction, Inc.
8508 Xylon Ave. No.
Brooklyn Park, Mn. 55445
Gri ggs Contracti ng, Inc.
530 Shoreview Park Rd.
Shoreview, Mn. 55126
Lantz Construction, Inc.
15760 Lincoln St.
Ham Lake, Mn. 55303
Lino Lakes Blacktop, Inc.
502 Lilac St.
Lino Lakes, Mn. 55014
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Plastering, Stucco, etc. New
General Contractor
General Contractor
Excavators
Masonry & Brick Work
Asphalt Contractor
Mac-May Homes, Inc. General Contractor
3900 Northwoods Dr., Suite 103
Arden Hills, Mn. 55112
Maplewood Mechanical
1690 English St.
Maplewood, Mn. 55109
Joseph E. Nasvik
Box 228
Stillwater, Mn. 55082
Northeast Comm. Serv., Inc.
3649 Lincoln St. N.E.
Minneapolis, Mn. 55418
Novak Fleck
8857 Zealand Ave. No.
Brooklyn Park, Mn. 55445
Prestige Pool & Patio, Inc.
245 Roselawn Ave., #31
Maplewood, Mn. 55117
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Quality Concrete - Wick Homes
Rt. 3, Box 530
St. Croix Falls, Wi 54024
General Contractor
Masonry & Brick Work
General Contractor
General Contractor
General Contractor
Masonry & Brick Work
1
Renewal
New
Rene\'ia 1
New
Renewal
New
New
Renewal
Nevi
Ne\'i
RenevoJa 1
New
Regency Homes, Inc.
3825 85th Ave. No.
Brooklyn Park, Mn. 5544~
Reynolds & Pomerleau Masonry
8009 Upton Circle No.
Brooklyn Park, Mn. 5544~
River City Construction, lIne.
1940 So. Greeley St.
Sti 11 water, Mn. 55082 I
R & J Landscape Servi ces '11 Inc.
15330 260th St. No.
Li ndstrom, Mn. 55045 I
St. Ores Construction, I~c.
552 Spurline Circle
Hudson, Wi 54016
General Contractor
Masonry & Brick Work
General Contractor
New
~
Ne\'J
Renewal
Landscapers, Excavators New
General Contractor
Duane Stensland
15199 8th St. No.
Stillwater, Mn. 55082
General Contractor
Sterling Fence Co.
147 W. 78th St.
Bloomington, Mn. 55420
Swift Construction Co.
10803 93rd Ave. No.
Maple Grove, Mn. 55369
Top Gun Roofing
9644 Ximines Lane
Maple Grove, Mn. 55369
Fenci ng
General Contractor
Roofing
Ultimate Exteriors
7475 W. HOth
Bloomington, Mn. 55437
Valley-Rich Co., Inc.
16540 Beverly Drive
Eden Prairie, Mn. 55347
General Contractor
Excavators
Walker Homes
1729 Englewood Ave.
St. Paul, Mn. 55107
General Contractor
Hank Weidema Excavating
4500 101st Ave. No.
Brooklyn Pk., Mn. 55443
Excavators
2
Renewal
New
Renewal
e
New
New
New
Renewal
New
Renewal
e
e
e
e
/7
IUL-~~ 7/;Z y /9/
CLAIM AGAINST CITY OF STILLWATER
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NAME OF CLAIMANT' /t:)I'V\. Y\, \~
ADDRESSJ.+ ~ i?CJi I fO 10Q..~ R~cl..W'-0JU::l wT PHONE NO'(")\~) <.V(p - ~T30
sVot.,
WHEN DID EVENT OCCUR? ,.()v/y J ,. JqGJ
WHERE DID EVENT OCCUR? Dov>",,-bwl.'L $"-\-,' H~~-k\, r~~~-r ~QCL<' .}.-~
Qc..~ I \'OC'--.\. ~)cs ~~ ~~ .J-4.2.. b~; A~
WHAT HAPPENED? 'DUQ 4.0 +'kL 10...0/ B'-'Mp< Q.I\.A j);'pS"_
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s..~V\.-+ 0...\- ~ ~ ex 10.'\.81. ~ ~..J..l *~ r~ r ~ /t.."-c+-.
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WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? T k \ :+ ~s. V\-'..J.
ma".k4d (X d~d c~t:.-It. 4 ~c-.y r Cc..._~ J4rov"6't...) O\.~d
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STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED K Q plo..eew\.Q. ~+
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NAME OF PERSON MAKING REPAIR; OR GIVING CARE DklL 2ov~
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DATE
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SIGNATURE
You have to formally notify the City in writing within thirty (30) days of the
occurrence of an event whereby you feel you have suffered damages.
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WASHINGTON COUNTY
DEPARTMENT OF PUBLIC HEALTH
GOVERNMENT CENTER
14900 61ST STREET NORTH. P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006
Office (612) 43~5 Facsimile Machine (612) 430-6730
Mary Luth
Public Health Director
Rose Green
Office Manager
Doug Ryan
Environment/Land Usa
Division Manager
Karen Zeleznak
Community Health
Division Manager
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Municipal Civil Defense/Emergency Managers
LOKell R. Johnson, Emergency Serv-ices ~lanager7~
July 10, 1991
Association of Minnesota Emergency Managers' Fall Con-
ference, Registration/Reservations
The Association of Minnesota Emergency Managers'
ference will be held September 15 18, 1991,
Lake Lodge in DeerKood, MN.
(A~fEH) Fall Con-
at Ruttger's Bay
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The annual conference features speakers and presentations on emer-
gency preparedness issues at the State and Local levels of govern-
ment. A State certification training course "Developing Volun-
teer Resources" Kill also be offered (see Memo dated June 20,
1991, from this office). AMEM informs me that a complete con-
ference agenda Kill be sent out soon.
If you have questions, or would like further information, please
contact me at 430-6725.
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Enclosures
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I=OIIAI I=MPI nVMI=NT nppn~TIINITV I AI=I=I~MATIVI= Ar.TION
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TO
FROM
BY
SUBJECT
DATES,
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
B5 - State Capitol
St. Paul, Minnesota 55155
MEMORANDUM
Emergency Managers and Staff, OEM Regional Program Coordinators,
and State OEM Staff
James D. Franklin, Director
~u;:l. ,d~
Suzanne M. Donnell, Training Officer
BASIC SKILLS IN EMERGENCY MANAGEMENT:
Developing Volunteer Resources (G244)
September 16-18, 1991
LOCATION: AMEM Fall Conference
Ruttgers' Bay Lake Resort
~ Oeerwood, Mi nnesota '
CONTENT
This 12 hour course will be offered in three four-hour segments on Monday
afternoon, Tuesday afternoon, and Wednesday morning*. It will be present-
ed by American Red Cross instructors and is designed to improve partici-
pants' abilities to deal with a broad range of issues in the management of
volunteer services provided by organized groups and individuals. Issues
include: identification of tasks requiring volunteer services; skills
definitions and specification of qualifications; publicity and recruit-
ment; skills development and maintenance; and motivation strategy that
promotes continued involvement and quality performance.
One-to-one volunteer consultations will be available Monday evening for
those participants who are interested in getting specific advice regarding
volunteers within their individual emergency management programs/situa-
tions. Participants will sign up Monday afternoon for this optional
evening session.
INSTRUCTORS: Peggy Lathrop, Manager, Volunteer Services
Cindy Bahmer, Manager, Scott County Branch Office
Greater Minneapolis Area American Red Cross
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*If you attend this course, you will miss the foilowing conference activities:
Monday afternoon - keynote speaker's session on stress management
Tuesday afternoon - AMEM golf tournament
Wednesday morning - AMEM meeting and elections
. ~
~.
NOTE: This course is required for federal emergency management certification and is
a prerequisite course for the Professional Development Series (PDS) Capstone
Seminar offered at the Emergency Management Institute in Emmitsburg, Maryland. e
ADMINISTRATION:
Attendance: Attendance is required at all three sessions in order to receive
a courselcompletion certificate. '
Registration: pre-regi~tration is required to ensure that an adequate meeting
site is rocured, and to enable the training staff to plan for
sufficie t numbers of books and other training materials. The
deadlineito apply for this course is September 6, 1991.
Accreditation: This course has been approved by the Minnesota Board of Peace
OfficersiStandards and Training (POST) for 10 hours of continu-
ing educ~tion credit. A roster of peace officers who success-
fully cotPlete the course will be submitted to the ~OST Board.
j ,
Please complete the attached Iregistration form and return it to your regional program
coordinator as soon as POSSijle. You will receive confirmation of your enrollment.
For further information please contac~: Suzanne M. Donnell, (612) 296-0472.
JOF:SMO:jb
Attachment
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SHOP
MISSES, J)JNIOR & PETITE SPORTSWEAR
July 24, 1991
Jo~_~son Bros. Corp.
Suite 421 C / Brick Alley Bldg
421 South Main Street.
Stillwater, Mn. 55082
Dear Sirs:
It is my understanding that you are the construction
company responsible for the Stillwater Downtown Improvements
City Project No. L.I. 257. I have previously brought to your
attention that the brick facade on the front of our building
at 233 South Main Street has been pulled away from the building
and is cracked in several places, caused during the course of
constructiono This is to confirm that you will repair the
damage.
I would appreciate being informed of how you plan to correct
the problem so that I will understand that this is a proper
correction. If there are any additional claim forms that I
must complete, please advise.
Sincerely,
~~., ~~
Fred Brass
2714 South Riviera Drive
White Bear Lake, lf~ 55110
CC: SEH
Mayor and City,Council
· WHITE BEAR LAKE
· STILLWATER
· INVER GROVE HEIGHTS
4754 Washington Square, White Bear Lake, MN 55110 - Phone: 612.429.4330
-
--
-
CON/SPEC
CORPORATION
._._--~. --,..~.. --_...._-------_..-.....~_.........-----,
July 23, 1991
1809 NORTHWESTERN AVENUE
STillWATER, MN 55082
(612) 430-1500
FAX (612) 430- 1505
Attn: David Junker
The City of Stillwater
Public Works Department
216 N. 4th Street
Stillwater, MN 55082
Dear Mr. Junker:
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I am writing this letter in reference to a continuing water problem as it exists at the
corner of Northwestern Avenue and the frontage road at the intersection of the
Norwest Bank building. Apparently there is water at that intersection three or four
days per week. It appears that rather than coming from just rain that the source is the
irrigation systems along the frontage road and also Northwestern Avenue.
It appears that the reason that the water is building up there is that the grass level is too
high, and that the fact that there is not a conduit pipe to take the water away from that
corner. So, it would be most appreciated if this situation could be reviewed to solve the
standing water problem at this intersection.
Thank you.
Sincerely,
CURVE CREST PROPERTIES
j?/ J.I'. / /;7 __-----J
/ . .~---- / -----
-/' ~
C. R. Hackworthy
Partner
CRH:kmh
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cc: Wally Abrahamson, Mayorv'-
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Independent School District no. 834
1875 SOUTH GREELEY STREET
STillWATER, MINNESOTA 55082
Phone 439-5160
July 22, 1991
Dear Mayor Abrahamson and City Council Members:
It was indeed an honor and privilege for me to be recognized by you last
Tuesday, July 16, at your council meeting for our successful baseball season.
As the coach of a sport at the high school that is not one of the "Big Three",
sometimes I wondered how many people in" town were actually aware of our
team's state championship, Stillwater's first ever. Your recognizing the team's
accomplishment affirmed that the city does care, and is appreciative and proud
of our efforts.
I can, in turn, assure you the coaches and team members were extremely
proud to represent Stillwater in their endeavors. Their conduct, enthusiasm,
and sportsmanship throughout the season served all of Stillwater very well.
Again, many thanks for the honor. I will relay your accolades to the players.
Sincerely,
~lli~
baseball coach
An Equal Opportunity Employer
ATHLETIC DEPARTMENT
C.J. KNOCHE
DISTRICT ATHLETIC DIRECTOR
Doug Koenning
Athletic Coordinator
Oak Land Junior High
439-5160 Ext. 205
Don Campbell
Athletic Coordinator
Stillwater Junior High School
439-5160 Ext. 202
STILLWATER SENIOR HIGH SCHOOL
523 W. Marsh Street
Stillwater, Minnesota 55082
439-5160 Ext. 31-32
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Independent School District no. 834
1875 SOUTH GREELEY STREET
STillWATER, MINNESOTA 55082
Phone 439-5160
July 23, 1991
Dear Mayor Abrahamson and Council:
I appreciated very much your proclamation in appreciation of the Stillwater High School
baseball team's success at the state tourney. A short thank you letter is enclosed in a
separate letter.
Please allow me the opportunity to appeal to you to consider funding for a baseball field in
Stillwater. This will be my last duty as the retiring head coach before turning the program over
to Ricky Michel, the new head coach. To my knowledge there is no city owned baseball field in
town. There are currently three softball fields, two at Lily Lake and one at Croixwood. In
addition, there are three school district-owned fields at J.C. Park. All are used ahnost
exclusively by adult teams.
Our conununity's baseball players play on inferior fields. Only one, the high school varsity field
is what anyone could consider "good", and it doesn't even have a permanent fence. It is the
only field in the Twin City Suburban Conference that doesn't have a permanent fence. That
field is used seven days a week trying to accomodate the 14-year-old traveling team, the 15-
year-old team, the VFW, the Legion, and the Loggers. Is is also the only "fenced" field
available, and that is a dangerous and unsightly four foot snow fence. It is amazing to many
baseball people why a city as large as Stillwater has no real baseball field. Name another
Minnesota conununity that doesn't.
I read about the city's budget problems. I know they're real. You have many projects and
limited resources. I do not understand, however, why a conunittment can't be made to such an
endeavor which would increase baseball's popularity and give our teams the sense of pride of
playing on a quality field. Maybe we could even host some tournaments. Our teams virtually
cannot host any tournaments with our current facilities. How about a plan which would help
the conununity's youth instead of its adults. They have nice fields. In fact, weren't the last
three facilities built in town, Croixwood Field, J.C. Park, and Lily Lake Upper Field, all meant
for adult play?
Please consider my plea. Building a conununity-owned "Park" is a project long overdue in
Stillwater. I would be happy to come to a meeting to state my concerns and field questions
regarding cost, plans, etc. I would appreciate some kind of response to this request at your
convenience. Our youth deserve better than what's available. Don't you agree?
Sincerely,
/jh-,~- ~7~
Don Campbell
baseball coach, retired
An Equal Opportunity Employer
Don Campbell
Athletic Coordinator
Stillwater Junior High School
439-5160 Ext. 202
ATHLETIC DEPARTMENT
C.J. KNOCHE
DISTRICT ATHLETIC DIRECTOR
STILLWATER SENIOR HIGH SCHOOL
523 W. Marsh Street
Stillwater, Minnesota 55082
439-5160 Ext. 31-32
Doug Koenning
Athletic Coordinator Oak Land Junior High
439-5160 Ext. 205
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Board of Trustees
Minutes
2 July 1991
Present: Buck, Cass, Childs, Hansen, Kalinoff, Ruch, Welshons, and
Bertalmio.
1. Call to order:
The meeting was called to order at 6:39 pm by President Hansen.
2. Adoption of the agenda:
Absent any action to change agenda accepted as mailed.
3, Publio Commentary: None.
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4 . lIinu tes :
Absent any action to change the minutes for the June 4 regular
meeting and the June 25 special budget meeting stood as mailed.
COJDllunioations:
Thank you from the producers of "A Place to Call Home".
From Betsy Hauge, some information on "How to Get Along with
Consultants" .
5. Finanoe report and payment of bills:
Motion to pay bills in the amount of $11,411.64. SIp unanimously.
6. COJDllittee reports:
Administration - See below.
Budget and Finanoe - Direotor working with City Coordinator
about resolution of COLA and Pay Equity questions.
Building and Grounds - Working on getting exterior woodwork
(windows and doors) painted to stop deterioration.
Planning - See below.
Speoial Projeots - none.
WCL Liaison Report - none of signifioanoe.
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7. Old Business:
A, 1992 Budget Request Review from June 25 meeting for those who
missed that meeting (Document A), Approved at June 25 meeting.
B. Publio Aooess Cataloq - Refer to footnote on Dooument A.
C. Long Range Plan Committee Reports (attachments):
Administration and Finance - Will look at rewording 2.a.
Building and Grounds - Satisfied that ourrent effort is
reasonable.
Planning - Document shows proposed agenda and v~s~ons. Noted
that five years may be a reasonable time line for effort.
8. Hey Busines2,J:
A. By-law Review - Proposal to allow a minority of members to
live in service area outside of city limits. Consensus to
proceed.
B. Staff Safet.y Package - Discussed purchase of "Screamers"
by/for staff; ! concern about SPL potential liability led to
request for ad~ice from city attorney.
C. Loan of Rollins paintings to Washington County Historic:
Courthouse - Moved to approve loan of maximum of ten paintings
subject to Dirf-ctor's satisfaction about security. SIP
unanimously. fSked Director to consider having paintings
appraised and .onsider "Fine Arts" insurance coverage
9. Presidents eport - President expressed thanks to Trustee Cass
for the use of he~ home for t.he rec:eption in honor of ex-Trustee
Doe. "Hear-hear "! from the Board.
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10. Directors and other staff reports - Hand-out from Director
covering her expe!rience in Atlanta where she helped Jeff Scherer
accept an ALA/AI~ award for the SPL mlilding project
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11. AdjOUrnJDen~ - .
The agenda ite s being completed and no other business being
before the Boa d President Hansen adjourned the meet.ing at. 8:42.
pm.
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r illwater
~ - - - ~
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THE BIRTHPLACE OF MINNESOTA J
TO:
MEMORANDUM
MAYOR ANO CITY COUNCIL ~ ~
ANN PUNG-TERWEDO, PLANNER~'
JULY 30, 1991
FROM:
DATE:
SUBJECT: DOWNTOWN HISTORIC DISTRICT
I am pleased to announce the Downtown Stillwater Historic
Commercial District has been certified by the National Park
Service. This means that the National Register Nomination
form meets all the requirements "establ i shed by the Depart-
ment of Interior meeting the National Register Standards.
In simpler terms, Downtown Stillwater qualifies to the
National Register of Historic Places.
The next step in the process is the Minnesota Historical
Society, State Review Board will review the form for
National Register Nomination. It will then return it to the
Park Service, Department of Interior for National Register
Certification.
This process has taken two years since the district was
established by the City Council in October of 1989. The
State Historic Preservation Office has worked closely with
me on revising the technical nature of the nomination form
so it would meet National Register Standards.
All certified projects which are in progress, or have been
completed, are now available for their tax credits. These
projects include the lIoldll Gaalaas Jewelry Building, the
lIoldll shoe repair and Foxy'S" Barber Shop building and the
Arl i ngton Apartments. I hope to see a few more projects in
the near future.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
United States Department of the Interior
NATIONAL PARK SERVICE
ROCK Y MOUNTAIN REGIONAL OFFICE
12795 W. Alameda Parkway
P.O. Box 25287
Denver, Colorado 80225-0287
-- -
- .
IN REPLY REFER TO:
H32 (RMR-PR)
JUL 0 3 1991
Duane Hubbs, Chair
Stillwater Heritage Preservation Commission
Stillwater City Hall
216 North 4th Street
Stillwater, Minnesota 55082
Dear Mr. Hubbs:
Thank you for submitting the nomination for the locally designed Stillwater
Commercial Historic District for final certification. We have reviewed the
documentation and found that the nomination substantially meets National
Register Standards and is, therefore, approved.
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Individual property owners of historic structures within this local historic
district may now be eligible to apply for the incentives pursuant to the Tax
Reform Act of 1986 (PL 99-514). Preservation tax incentives are available for
any qualified project that the Secretary of the Interior designates a
certified rehabilitation of a certified historic structure. Certification
requests are made through the appropriate State Historic Preservation Officer
(SHPO); certifications are issued by the National Park Service. An enclosed
two-part Historic Preservation Certification Application is available for this
purpose from the Minnesota SHPO or this regional office.
Thank you for your past and ongoing preservation efforts in the City of
Stillwater, Minnesota.
Sincerely,
,
~. -;z:::
ltural Resources
Ib1ROdd L. Wheaton
'0.. Chief, Division
Enclosure
of
cc:
Minnesota SHPO, Ft. Snelling History Center, St. Paul, Minnesota, 55111
GDKendrick:lmm:7-3-9l:969-2875
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NATIONAL PARK SERVICE
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