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HomeMy WebLinkAbout2000-10-17 CC Packet f ,~ , .....:~ ..............,.... RKSHOP ..... ..:.-H~ ~L TO ORDER ROLLCALL O:UrnR BUSINESS 1.... Library Board Workshop ***REVISED AGENDA **** CITY OF STILLWATER CITY COUNCIL MEETING NO. 00-22 Council Chambers, 216 North Fourth Street October 17, 2000 4:30 PM REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of October 3, 2000 City Council Minutes and Executive Session Minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1; Certificate of Appreciation - Family of Mary Peroceschi ,2. Accommodation to Rob Zoller for Fire Prevention Contributions 3. Update on Territorial Prison -Tim Richardson OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS .. ,I. p.olice C.. ..h. ief , '. FJte€h;f 3. City Clerk 5. Community Dev. Director 4. Director of Admin. 6. City EngineerlPWD 7. City Attorney 8. City Administrator CONSENT AGENDA * I.' Resolution 2000- 270, DireCting Payment of Bills 2. Resolution 2000-271, Purchase ofVARDA Alarm System - Police Department 3. Resolution 2000-272,Levy Certification Tax Rate 4. Resolution 2000-273, Resolution Relating to Financing of Certain Proposed Projects to be Undertaken by the City of Stillwater; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code 5. Approval of Utility Billing Adjustment 6. Resolution 2000-274, Purchase of Projector from Juvenile Accountability Grant 7. Resolution 2000-275, Approval of Change Order #4 - Second Sheet once 8. Resolution 2000-276, Appointing Data Practices Compliance Official 9. Resolution 2000-277, Approval ofInsurance Rates for 2001 10. Resolution 2000-278, Approval of Agreement with Safeassure Consultants 11.. Resolution 2000-279, Joint Powers Agreement Between City and City of Mahtomedi and Mahtomedi School District 832 12. Resolution 2000-280, Electing to Continue Participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act - Calendar Year 2001 ~ ~..,,'.','.".."'.'."." ;.," PUBLIC HEARINGS t. This is the date and time for the public hearing to consider assessments for Mulberry & Water Street Improvement Assessments. Notice of the hearing was published in Stillwater Gazette .on October 3,2000, and notices mailed to affected property owners. (Resolution) This is the date and time for the public hearing to consider to consider a request from Rick and Karen Reidt for a subdivision of one 2.5 acre lot into two lots of approximately .9 and 1.6 acres located at 7155 Melville Court in the LR, Lakeshore Residential District. Case No. SUB/OO-52. Notice of the hearing was published in Stillwater Gazette on October 6, 2000, and notices mailed to affected property owners. (Resolution) 3. This is the date and time for the public hearing to consider a request from Rick and Karen Reidt for a Zoning Map Amendment to rezone from Agricultural Preservation, AP to Lakeshore Residential, LR at 7155 Melville Court North. Case No. ZAMlOO-O 1. Notice of the hearing was published in Stillwater Gazette on October 6, 2000, and notices mailed to affected property owners (Ordinance) 4. This is the date and time for the public hearing to consider a request from Contractor's Property Development, represented by Marc Putnum, for a Zoning Text Amendment to amend Cottage Residential District zoning to perm. two family structures at corner lots in the Liberty on the Lake Development. Case No. ZAT/00-05. Notice of the hearing was published in Stillwater Gazette on October 6, 2000, and notices mailed to affected property owners (Ordinance) UNFINISHED BUSINESS 1. NSP Lighting Contract for Market Place Industrial Park (Resolution) 2. Possible selection of realtor to list and sell City property (Eagle Ridge property - formerly water tower site) (Resolution) 3. Recommendation regarding TIF District Expansion request from Washington County Historical Society NEW BUSINESS 1. Response to request for sidewalks and streetscaping along south side of Maple Island building 2. Recommendation from Parks Board for play equipment at old athletic field 3. Referral of Request to build 1600 square foot storage shed on 5 acre lot in Township 4. ,Boutwell Road Annexation (Resolution) 5. Possible fII:st reading of amendment to liquor ordinance 6. Possible Appointment of Erica Buege to Human Rights Commission PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDA nONS (continued) COMMUNICA TIONS/REQUESTS 1. Sewer hook-up - 12490 N 75th Street, Stillwater Township COUNCIL REQUEST ITEMS . STAFF REPORTS (continued) ADJOURNMENT Possible adjournment to Executive Session to discuss Land Condemnation * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. ~ .' 2 , '- LIST OF BILLS . EXHIBIT "A" TO RESOLUTION #2000-270 . Ace Hardware Action Radio Communications Inc All Safe Div of All Fire Test Inc Ancom Communications Associated Bag Company A T and T AT and T Broadband AWl Diversified Barr Engineering Company Board of Water Commissioners Bonestroo, Rosene, Anderlik & Assoc Boyer Ford Trucks Braun Intertec Corporation Brochman, Peter Brock White Co Buberl Compost Inc Buberl, Larry Bureau of Criminal Apprehension Carlson Wagonlit Travel Carquest Auto Parts Century Power Equipment Chaves, Nick Chemsearch Clement Communications Inc Coca Cola Midwest Corporate Technologies Courier News Creative Art Supplies Cys Uniforms Dakota Co Tech College Dalco Dauffenbach, Larry Dels Outdoor Power Equipment Desch, Mark / Gloria Emergency Apparatus Maintenance Erickson Wood Chips Express Photo Fed Ex Firstar Trust Services Fitzgerald, Sue G & K Services Goodwill/Easter Seals Heritage Embroidery & Design Hi Tech Signs Ikon Office Solutions . Hoses/wheel grinds/batteries Two way radios Fire extinguisher testing Headset Evidence bags Telephone Cable service Repair fence/ entrance-Pioneer Pk Prison Sewer revision/wall repair Hydrant repair Browns Creek/Coves/Mulberry Ravine Dump truck/plow/sander-parts #2 truck Concrete testing-2nd sheet ice Design review refund Asphalt crack filler Topsoil Sept animal transports CJDN 3rd qtr connect charges Air fare NLC Conference-Boston Auto/equipment parts Replace edgers/repair tractor Reimburse cell phone Tree/plant/shrub fertilizer Bullseye banner Concession supplies Phone system service Publications Foamboard Uniforms Report training-Zizzo Filter bags Police Chiefs conference/training Chains Parking lease/ maintenance Repairs/parts units 6107/6108/6109 Legends playground safety fiber Film processing Shipping-State Bldg Code Div Bond paying agent fees Membership Natl Trust Historic Pres Uniforms/rugs/towels/mops Sept ADC expenses Uniform shirts Stillwater Ponies banner-St Croix Rec Staples/ink cartridges ~ 683.23 1,940.66 88.05 342.00 87.35 48.49 22.67 122.50 1,777.50 190.82 4,839.95 33,175.14 1,425.00 25.00 1,422.41 9.05 25.00 270.00 1,132.50 390.30 1,116.82 21.90 1 ,411 .23 186.68 651.60 132.50 59.64 44.43 437.95 125.00 19.26 301.00 33.85 979.65 6,099.59 1,640.00 32.77 42.64 2,040.42 20.00 2,915.73 343.00 208.56 250.00 266.84 EXHIBIT "A" TO RESOLUTION #2000-270 Imagineering Computer Consultants Infratech International Personnel Management Jacobson, Cindy Jansens Cleaning Service J H Larson Junker Enterprises Krongard Construction Lakeview Hospital Lind, Gladys Magnuson Law Firm Maple Island Hardware Menards Met Life Dental Metro Council Environmental Services MN Blue Digital Imaging MN Building Codes & Standards MN Dept of Commerce MN Dept of Public Safety BCA Training MN DNR MN Ice Arena Managers Association MN State Treasurer Northshore Compressor & Machine Northwestern Tire Co Oakland Construction Office Max On Site Sanitation Organized Executive Page Net P C Solutions Porta-Pot Sanitation Pro Staff Quill Corporation Reliable Riteway Plumbing Rose Floral Royal Lube & Service R & R Specialties R W Kirchner & Associates St Croix Office Products St Croix Recreation Co St Croix Tree Service Sala Architects Senn, Daren Shilts, Cindy Short Elliot Hendrickson Inc , ~ Page 2 . System consulting Sewer line repairs Membership-Kadin Telephone battery Maint-Library/City Hall/Old Prison Site Light bulbs Sod/labor St Croix Rec Center Grading escrow refund Blood draw/Bailey Land purchase payment Legal services Paint/batteries/rake/I ights Stops/drill bit/crack filler/lumber Cobra payment-Joe Ritzer Sept SAC charges/November sewer Inkjets Plan review St Michaels Catholic Unclaimed property 2000 Managerial training-Felsch Water permit Fall conference-Brady Building permit surcharge Sept 2000 Air test/replace filters Tires/stems Grading escrow refunds Foamboard/badges/cartridges Portable restrooms Subscription Pager service Computer maintenance Portable restrooms Accounting clerk Copy paper Microwave/coffee/time cards Refund plumbing permit Sympathy tribute-Peroceschi Oil changes Painting ice-North sheet Appraisal-Hudson-Downtown Lighting Office supplies Play equipment-Meadowlark Park Removal of Hazardous tree Services-Public Works Building Grading escrow refund Mileage/parking Traffic analysis-U S Homes-Coves 63.75 1,675.00 100.00 31.94 1,320.00 1,893.52 4,500.00 1,500.00 40.00 927.00 11,763.11 90.09 501.28 20.74 108,694.80 104.62 10,360.68 25.00 180.00 75.00 75.00 5,902.88 324.48 263.62 3,000.00 183.08 362.60 97.00 13.54 167.00 645.85 187.20 178.48 226.42 50.00 63.90 136.41 633.00 375.00 2,036.07 3,284.87 772.13 270.00 1,500.00 25.90 589.76 . . , " EXHIBIT "A" TO RESOLUTION #2000-270 Page 3 . Snyders Drug VHS tapes 35.74 Space Mobile Structures Rent office trailer 135.00 Sprint PCS Telephone 70.01 Stillwater AmocolTexaco Automotive fuel 2,968.09 Stillwater Farm Store Calcium Chloride 202.20 Stillwater Ford Repair unit 209 158.40 Stillwater Gazette Publications 206.27 Stillwater Lions Club 4th qtr 2000 dues/meals 78.00 Stillwater Towing Squad/forfeiture/truck tows 276.92 Stripe A Lot Painting crosswalks 2,950.00 T A Schifsky & Sons Asphalt/tack oil 1,939.03 Total Media Inc VHS tapes 32.80 Ultimate Data Information Systems Computer programming 285.00 United Rentals Replace generator/signs 1,248.19 Valley Trophy Inc Name plates 12.54 Van Paper Company Paper products 166.67 Verizon Wireless Telephone 435.96 Washington County Sheriff 10 cards-Roettger 10.65 Waste Management Garbage waivers/recycling 4th qtr 2000 12,890.13 Watson, Dennis Computer programming 150.00 . ADDENDUM TO BILLS Affinity Plus Federal Credit Union Nov saving deductions-Ken Kress 20.00 AFLAC Insurance Nov AFLAC deduction-Ken Kress 50.78 Amdahl, Chris Install key pad locks/remotes 2,312.40 AT and T Telephone 64.42 City of Stillwater Flexible Spending Acct Nov flex spending-Ken Kress 41.68 Cub Foods Concession supplies 21.56 Honeywell Inc Security-Old Prison site 405.23 Kadin, Chantell Mileage/Adobe Acrobat Upgrade 184.96 Linner Electric Co lnc Electrical service Sprinkler room 70.00 Met Life Dental Nov dental insurance-Ken Kress 20.74 MN Department of Economic Security Unemployment 3rd qtr 2000 1,161.31 Mr. Car Wash Sept car washes l> 34.93 Neeck, Beth Mileage/parking 22.41 Northern States Power Electricity/gas 15,277 .57 Pro Staff Accounting clerk 473.85 R & R Specialties Inc Voltmeter/squeegee 129.50 Ruttgers Bay Lake Lodge Housing fall conference-Brady 336.80 St Croix Recreation Center Play structure Mulberry Park 35,000.00 St Croix Scuba & Snorkeling Inc. Octogon holder 25.16 Teltronix Information Systems Inc Data cable service call 135.00 U S West Telephone 1,472.07 Verizon Wireless Telephone 27.54 Washington County Health & Environment Food license renewal-St Croix Rec Ctr 380.00 . TOTAL 314,548.91 EXHIBIT "A" TO RESOLUTION #2000-270 Page 4 Adopted by the City Council this 17th Day of October, 2000 , " . . ~ . . . . To: From: Subject: Date: MEMO Mayor and City Council Steve Russell, Community Development Director Participation in 2001 Livable Communities Program October 16,2000 In order to participate in the Livable Communities Program, the City must approve the attached resolution signifying City participation. As a participating community, several metropolitan grant programs area available. In the past, the City received a Community Reinvestment Grant for the redevelopment of the Maple Island Building. Recommendation: Approval ~ ~ RESOLUTION ELECTING TO CONTINUE P ARTIClP ATING m THE LOCAL HOUSING INCE~TTVES ACCOUNT PROGRA.l'VI lJl\jl)ER THE METROPOLITA1'f LIVABLE COMMUNITIES ACT CALENDAR YEAR 2001 WHEREAS, the Metropolitan Livable Communities Act (lVlinnesota Statues Section 473,25 to 473 ,It) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by 'Nfinnesota Statutes section 473-121 - and W"HEREAS, the Metropolitan Livable Communities Fund, comprising the Ta.'{ Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account is intended to provide Certain funding and other assistance to metropolitan area municipalities; and \"V'HEREAS, a metropolitan area municipality is not eligible to receive grants or loam under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the wlinnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cyc 1 c housing goals for that municipality that are consistent "'.lith and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and yVHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; . y"lIEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality', and yVHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and yVHEREAS, for calendar year 2001, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 2000, can continue to participate under Minnesota Statutes section 473.254 if (a) the municipality elects to participate in the Local Housing Incentives Program by November 15, 2000; and (b) the Metropolitan Cotincil and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality NOyV, THEREFORE, BE IT RESOLVED THAT the City of Stillwater hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2001. Adopted by the City Council of the City of Stillwater this 17th day of October 2000. Jay Kimble, Mayor ATTEST: . Diane \Vard, City Clerk . Memorandutn TO: Mayor and Council FR: City Administrator RE: Appointment to Human Rights Commission DA: October 17,2000 DISCUSSION: Due to the passing of Mary Rita Peroceschi, her position on the Human Rights Commission needs to be filled for the remainder of her term (until January 2001). Her daughter, Erica Buege, has requested appointment to her fill mother's position. . RECOMMENDATION: Council adopt resolution appointing Erica Buege to the Human Rights Commission to fulfill the term of Mary Rita Peroceschi. ~~ ~ . APPROVING APPOINTMENT TO HUMAN RIGHTS COMMISSION WHEREAS, the there is a vacancy on the Human Rights Commission; and WHEREAS, Erica Buege has requested appointment to fulfIll the term of Mary Rita Peroceshi . NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that Erica Buege be appointed to the Human Rights Commission to fulfIll the term of Mary Rita Peroceshi which expires January 1, 2001. Adopted by Council this 17th day of October 2000. Jay Kimble, Mayor Attest: Diane Ward, City Clerk ~ . . . 1e/14/2eee 21:23 65143947e5 ...... . Chair Bergeron Chair Hicks October October October October Chair Hicks November November November November November November Chair Johnson . December December December Stillwater Township Calendar - 24 Budget Meeting 26 Town Board Meeting 30 League of Governments Meeting, Prom Center 31 Public Accuracy Test PAGE tllltll FYI 7:00 PM 7:00 PM 7:00 PM 6:00 PM 2 Planning Commission 7:00 PM 6 Absentee Ballot Board 4:00 PM 7 General Election 7:00!W. - 8:00 PM 9 Canvas of Election 6:55 PM 9 Town Board Meeting 7:00 PM 13 Park Committee 7:00 PM 7 Planning Commission 11 Park Committee 14 Town Board Meeting ~ 7:00 PM 7:00 PM 7:00 PM . Pat Bantli Clerk, Stillwater Township October 14. 2000 .~ . October 12, 2000 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jerry Hicks, Supervisors David Johnson, Sheila-Marie Untiedt, Ken LaBoda and Louise Bergeron. Also, Attorney Andrea Poehler and Treasurer Warren Erickson. 1. AGENDA - M/S/P Bergeron/LaBoda moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Bergeron moved to approve the 9/28/00 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER - Claims #730 through #749 were approved for payment. 4. TOWN HALL PROJECT - Maury Stenerson brought two copies of the town hall drawing for future review. He will give the clerk the specification in time for the supervisors to review before the next town board meeting. The town hall committee will be notified about the current status of the town hall building project. .5. ATTORNEY - 1. M/S/P LaBoda/Bergeron moved the adoption of an interim ordinance temporarily prohibiting new antenna towers. (#123) (5 ayes) 2. Attorney Van Cleve representing APT stated strong objection to any interim development moratorium encompassing the APT application. 3. M/S/P Bergeron/LaBoda moved resolution 10.00 A directing completion of a study on the regulation of towers and preparation of official controls based on that study. (Resolution filed with the original minutes) (5 ayes) 6 . ENGINEER - 1 . M / S / P Be r g e r 0 n / LaB 0 dam 0 v e d to a p pro v e anN S~. per m it for pro j e c t SREC MEN BAI dated 10/6/00 as recommended by the township engineer. (5 ayes) 2. M/S/P Bergeron/LaBoda moved to approve a Cummunicor Corp. permit #BMNH651M141 dated 10/10/00 as recommended by the township attorney. (5 ayes) 7. CARNELIAN-MARINE WATERSHED DISTRICT - M/S/P Bergeron/LaBoda moved that a letter be sent supporting the enlargement of the watershed district and the increase of managers from 5 to 7. (5 ayes) M/S/P Johnson/Bergeron moved that a letter be sent to Jane Harper supporting Will iam McDonald1s application to the development rights program. No conflict has been found. (5 ayes) . '" w. . Stillwater Town Board Meeting - 10/12/00 Page Two TOWER INPUT - 1. Jill Sexton was present to add information to the record re: the current tower situation. A file of information will be available for study. 2. Duane Laabs suggested a service study re: towers and talked about the river regional committee. The township is welcome to take part. 3. Jill Medlards of the National Park Service was present. She stated that the Boundary Area Commission will facilitate planning to protect the environment with preferred locations and good designs. She also relayed that the National Park Service praises the township for their wisdom in carefully looking into the tower situation. 9. ROD ANDERSON (12380 77TH STREET) - M/S/P Johnson/Bergeron moved to approve Mr. Anderson1s request to place a building in front of his dwell ing because it meets the spirit of the ordinance. The topographical situation offers justification. The building will have the same siding, color, and architectural style as the house. (5 ayes) 10. PARK COMMITTEE REPORT - 1. Sink hole noted on the trail at 110th Street. 2. The park committee members requested authorization for a no wake restriction on Little Carnelian Lake. At their January meeting Little Carnelian residents will be present to discuss the matter. 3. The Docksteader Subdivision trail was reviewed. 4. The DNR grants have not been funded as yet. The township application is still on file awaiting some money. 5. A noxious weed workshop was suggested. 11. SMART GROWTH MEETING - David Johnson will attend. 12. JOINT MEETING - (PARK, PLANNING, TOWN BOAR~) - Requests have been made to have another dinner as was held last January 31. 13. BOUNDARY AREA COMMISSION - A request has been made for several representatives from Stillwater Township to attend meetings. Meeting rate and mileage will be paid by the township. Information is being circulated to planning commission members. 14. GROUND-WATER COMMITTEE - Ken LaBoda is consideringgoing to these meetings. 15. ADJOURNMENT - Meeting adjourned at 9:50 p.m. Cl erk Chairperson . Approved CITY OF STILLWATER CITY COUNCIL MEETING NO. 00-21 Council Chambers, 216 North Fourth Street October 17, 2000 .ORKSHOP CALL TO ORDER ROLLCALL OTHER BUSINESS 1. Library Board Workshop 4:30 PM REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of October 3, 2000 City Council Minutes and Executive Session Minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Certificate of Appreciation - Family of Mary Peroceschi 2. Accommodation to Rob Zoller for Fire P:evention Contributions 3. Update on Territorial Prison - Tim Richardson OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS .1. Police Chief . Fire Chief 3. City Clerk 5. Community Dev. Director 4. Director of Admin. 6. City EngineerlPWD 7. City Attorney 8. City Administrator CONSENT AGENDA * 1. Resolution 2000- 270, Directing Payment ofBiIls 2. Resolution 2000-271, Purchase of V ARDA Alarm System - Police Department 3. Resolution 2000-272, Levy Certification Tax Rate 4. Resolution 2000-273, Resolution Relating to Financing of Certain Proposed Projects to be Undertaken by the City of Stillwater; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code 5. Approval of Utility Billing Adjustment 6. Resolution 2000-274, Purchase of Projector from Juvenile Accountability Grant 7. Resolution 2000-275, Approval of Change Order #4 - Second Sheet ofIce 8. Resolution 2000-276, Appointing Data Practices Compliance Official 9. Resolution 2000-277, Approval of Insurance Rates for 2001 10. Resolution 2000-278, Approval of Agreement with Safeassure Consultants 11. Resolution 2000-279, Joint Powers Agreement Between City and City of Mahtomedi and Mahtomedi School District 832 PUBLIC HEARINGS 1. This is the date and time for the public hearing to consider assessments for Mulberry & Water Street Improvernent Assessments. Notice of the hearing was published in Stillwater Gazette on October 3, 2000, and notices mailed to affected property owners. (Resolution) 2. This is the date and tirne for the public hearing to consider to consider a request from Rick and Karen Reidt for a subdivision of one 2.5 acre lot into two lots of approximately .9 and 1.6 acres located at 7155 Melville Court in the LR, Lakeshore Residential District. Case No. SUB/00-52. Notice of the hearing was published in Stillwater Gazette .. on October 6, 2000, and notices mailed to affected property owners. (Resolution) ~. This is the date and time for the public hearing to consider a request from Rick and Karen Reidt for a Zoning Map Amendment to rezone from Agricultural Preservation, AP to Lakeshore Residential, LR at 7155 Melville Court North. Case No. ZAMlOO-01. Notice of the hearing was published in Stillwater Gazette on October 6,2000, and notices mailed to affected property owners (Ordinance) 4. This is the date and time for the public hearing to consider a request from Contractor's Property Development, represented by Marc Putnum, for a Zoning Text Amendment to amend Cottage Residential District zoning to permit two family structures at corner lots in the Liberty on the Lake Development. Case No. ZAT/00-05. Notice of the hearing was published in Stillwater Gazette on October 6, 2000, and notices mailed to affected property owners (Ordinance) . UNFINISHED BUSINESS 1. NSP Lighting Contract for Market Place Industrial Park (Resolution) 2. Possible selection of realtor to list and sell City property (Eagle Ridge property - formerly water tower site) (Resolution) 3. Recommendation regarding TIF District Expansion request from Washington County Historical Society NEW BUSINESS 1. Response to request for sidewalks and streetscaping along south side of Maple Island building 2. Recomrnendation from Parks Board for play equipment at old athletic field 3. Referral of Request to build 1600 square foot storage shed on 5 acre lot in Township 4. Boutwell Road Annexation (Resolution) 5. Possible first reading of amendment to liquor ordinance PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) 1. Sewer hook-up - 12490 N 75th Street, Stillwater Township COMMUNICA TIONSIREQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT Possible adjournment to Executive Session to discuss Land Condemnation . * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . 2 . STILLVVATER PUBLIC LIBRARY ICE N TEN N I A L F A C I LIT I E S R ENE WALl . - ...... " rT~" -..r." -' STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES NEEDS ANALYSIS AND FEASIBILITY STUDY 1 7 OCTOBER 2000 . CONTENTS . 1. INTRODUCTION AND BACKGROUND . History Demographics Usage Service Trends . . . 2. GOALS . Fulfill Mission Preserve Facility Asset Maintain Community Focus Enhance City Resource . . . 3. CONCLUSIONS OF THE F ACIUTY STUDY . . Space Needs Review Of Options Considered Selected Conceptual Site And Building Layout Parking Options Budget Information Cost Comparison . . . . . 4, PROPOSED ACTION PLAN · Board Activities · Public Activities . City Council Commitment Required Likely Funding Schedule Likely City Commitments Required Likely Construction Start and Final Occupancy . . . . . 1. INTRODUCTION AND BACKGROUND . History Of Library The Stillwater Public Library was created by a successful referendum on November 2, 1897, under the terms of Minnesota statute. The first Board of Trustees was appointed in 1898, and the library opened in 1899 in a rented facility. Upon its creation, the library inherited the collections of the Stillwater Library Association and the Stillwater Lending Library, a private library and a rental library respectively. In the 20th century, the library first provided recreational materials then evolved into a multifaceted organization with the mission of supporting the lifelong learning of community members through collections, services, programming, and information delivery. . Library Organization . The Stillwater Public Library is a department of City of Stillwater that is govemed by its own nine-member Board of Trustees, appointed by the Stillwater Mayor and City Council. Due to its creation by referendum under state statute, the library is govemed by State library law which takes precedent over the city's charter . History Of Library Building The original portion of the library's building, designed by the firm of Patton and Miller, was constructed in 1902. It was built with grants from Andrew Carnegie totaling $27,500, the fifth largest Carnegie grant made to a Minnesota library. In 1973, the library more than doubled in size with the addition of two wings, designed by Ackerman and Associates in a project funded by the Margaret Rivers Foundation. The building interior was reorganized, remodeled, and made accessible in a 1987 project designed by Meyer, Scherer, and Rockcastle, Ltd. and funded by City of Stillwater general obligation bonds. This project won a American Library Association/ American Institute of Architects Award of Excellence and a Minnesota Society / American Institute of Architects Honor Award. . Demographic Background And Usage Growth In Community The Stillwater area has been in a period of sustained growth. Additionally, as homes are built in the newly annexed portions of the city, the rate of population growth will increase. The socioeconomic demographics projected for these housing developments predict that the new residents are likely to be heavy library users. . . Usage . For most of the calendar year, the library is open 56 hours per week. On average, 47 people enter the library each hour and 84 items are checked out per hour. In 1999, over 2000 people attended library sponsored programs for children and adults. Staff answered over 16,000 reference questions. People accessed our catalog over 10,000 times from a remote location. The library is used for increasingly diverse purposes. On average, people use our computer search stations over 1,000 times per month to access our electronic databases and the Internet. Electronic access to information has made it possible for the library to support uses that it could only dream of in the past, such as support for distance learning and access to technical and professional information. · Service Trends The Stillwater Public Library, like most public libraries, is in a period of increased complexity in the development and delivery of its services. Increased reliance on computers for the delivery of information to the public creates high demands for space. Not only do computer workstations take a lot of space relative to bookstacks, but constantly changing technologies and electronic databases demand training for public and staff alike, perhaps in the form of computers labs or dedicated training facilities. For the foreseeable future, public libraries are also faced with maintaining and storing what might be seen as competing formats - i.e. books on tape as well as books on CD, videotapes as well as DVDs - . because there will still exist demand from library users for each format. The Stillwater Public Library also will need space to accommodate its intended services. Space will be needed for the projected increases in programs so that library programs do not displace all community use of meeting rooms. For efficiency and quality of service to the public, we want to integrate our local history collection into the operation of the Information Desk, something that is impossible with our current physical layout. Even increased outreach programs that take services to other locations will demand space for their creation and coordination. As current requests from the public show, physical space between services is needed to act as a buffer against noise and conflicting functions. It is also difficult for us to make good use of volunteers (one of our major plans for the future) when we do not have adequate work space for them - or the staff to coordinate them. . Community Support The Stillwater Public Library is well used by residents. The library also receives fen'ent support and interest from many in the community. In a recent survey of users, 64% of users indicated that they would be willing to pay more in property taxes for the support of the library. When asked how they would prefer that the library solve its need for more space, 85% responded that they prefer that the current building be expanded rather than a new facility be built. . 2 . . I ~~~ 2. GOALS · Fulf'ill Mission . As part of its long-range and strategic planning, the library has developed its sense of mission through consideration of the primary role that it will play in the community. SPL's primary role is the support of community members in their lifelong learning needs. Libraries that choose the support of lifelong learning as a primary role find that the role does create some specific demands for the library's facility. To fulfill its mission, the Stillwater Public Library, like these libraries, must develop collections that have both depth and breadth and maintain these collections in the many formats that serve the population's varied learning styles. This requires enough space to house and display these collections. Stillwater's Library must provide space for individual an'd small group study. This role requires room for community meetings as well as active programming for people of all ages. It also requires a well-trained and effective staffwith adequate space at public desks to confer with patrons about their interests as well as space out of the public eye for the generation of guides, bibliographies, brochures, and the increasingly vital website. . Preserve Facility Asset - "Legacy" Building In many respects the Library, as the oldest purpose-built City building, is a civic legacy. The Library building has now been one of the most recognizable symbols of Stillwater for a full century. In the course of its life, as with any building, periodic renewals have been required (as detailed above). These renovations have replaced worn out systems, made the building safer, and helped it seIVe the needs of its many users. We have reached another turn of this cycle. The Library is in need of renovation and expansion to continue to serve the community and to retain its value as an asset to the City. The timely program of improvements proposed will ensure that the facility will retain both its usefulness, value, and its graceful presence in the heart of Stillwater. It must be noted that even without the proposed facility renewal, we will soon need to make major investments in the existing building. The current HVAC system is well beyond its life expectancy and requires increasingly costly repairs each year; there are growing concerns over working conditions that may leave the Library open to Worker's Compensation liabilities; and the space available for housing the collection has long been inadequate (leading to the "one book added / one book discarded" situation we are presently in). These are in addition to the normal upkeep items, such as tuckpointing, that a hundred~year-old building requires. . 3 . Maintain Community Focus The library has played a central role in the life of our community. As a center for lifelong learning, recreation, and community gatherings, it touches the life of our citizens in many ways. One of the key elements of this Facility Initiative is to position the Library to continue to do this for the foreseeable future. Careful assessment of needs and sunrey of users has determined the need to improve (and provide sufficient room to house) the library's collection coupled with the ability to offer access to computers, meeting rooms, and collateral functions are of prime importance. We are particularly pleased that our user demographics continue to expand across all age groups; with this comes the need to meet a wide variety of resource requirements and facility accomrnodations for both young and old. This also is of increasing importance, and has direct impact on our facility needs. . Enhance City Resource The current program of improvements to the Library also offers an opportunity to enhance its value to the City as a resource. For example, the modest expansions and revitalizations to the meeting rooms - the library provides the only truly public facilities available to residents of Stillwater - would be of great value. Opportunities exist to enhance the site (potentially one of Stillwater's best public greenspaces) as well. Of course, the driving need for this facilities program remains the need to accommodate the materials and resources of the collection that are the heart of the Library. . . . 4 . 3. CONCLUSIONS OF THE F AGILITY STUDY . Quantity Of Space Needed The facility assessment process has established a required size for the Library to meet program needs through the year 2020, driven by the library's Long Range Plan and demographic projections for the City of Stillwater. This can be detailed as follows: Existing Space (Renovated): New Construction: 13,200 S.F. 19,000 S.F. TOTAL 32,200 S.F. Note that this project will include the complete replacement of the existing library's antiquated mechanical systems, as well as elevator and major electrical work. This total square footage compares modestly with similar libraries in the region. It is on the conservative side of national standards, for public libraries in communities of our size. . Quality Of Space Needed . As important as the right amount of square footage is, the resulting space must also be of the right quality. It must be flexible, easily maintained, and suited to modern library practices. It should offer a modest level of comfort for patrons, and have appropriate amenities. The renewed library should have a sense of dignity and character as befits such an integral part of the community. The Board has conducted regional peer comparisons (including tours) to help verify the expected level of construction for the renewed library, and these have help confirm the direction and priorities that are expressed in this report. The renewed library must continue the tradition of excellence in architecture and interior design first established by the Citizens of Stillwater in 1902. . Review Of Options Considered - Selected Conceptual Site And Building Layout The Board considered at length a number of options for providing adequate facilities for the library. These have included several remote branch or kiosk strategies (rejected because of patron preferences, greatly increased staffing costs, logistical difficulties, and far greater facility costs). The studies, having determined that the existing site remains the best and most appropriate place for the Library's home, then examined options within the existing property limits in detail. Central to the discussion was the need to respect the historic core of the building in a graceful manner, while maximizing internal efficiencies. . After considerable thought, it was determined that a two level expansion to the east made best use of the site, the existing building, and would be most economical to construct. Massing studies indicate that this can be accomplished in a manner that enhances the 5 existing building and services, improves accessibility for all patrons, and creates a spectacular resource for the citizens of Stillwater. Highlights of this layout include: . Greatly enhanced access and drop off from Fourth Street . The existing main entry into the rotunda will remain as the principle building access. . The square footage required can be accommodated on only two levels, continuing the pattern of the existing building. . The new construction can be used to feature and frame the historic core of the building. The scale of the existing building will be respected, keeping the building a friendly neighbor. . The new construction can make use of the slope of the hill to minimize excavation - continuing the "walk-out" to the east of the existing building. . The upper level terrace will become one of the most spectacular public spaces in Stillwater. It will have superb river views, sunny, sheltered exposure, and be ideal for public events as well as Library programs and functions. It will becorne the center of public celebrations for the residents of Stillwater. Diagrams illustrating the general concept and layout of the Library Renewal Project follow. . . . 6 . . . SITE PLAN DJ I -~-I . \ ~ ---;;~ I I 1 \ I I I I . \ (! ! t-- I } Fourth Street C9~ Drop Off "'0 III ... 7<" :; <C Expansion -:: ~ i I ! 1 I 1 Optional I Parking I ) Access J I ( -:;-- ~ -t -=- - ' Landscaped Lawn . ---~-~ ~- Third Street North ---'1 I ~ ! \ t i ---. ~--~ 7 FIRST FLOOR PLAN . Non-Print Staff! Service 0 Magazines Periodicals t:r 0 Circulation r---~ L.._ _ .) 0 0 ,..-" Terrace ( ) '-- - -- . Adult Adult Fiction Fiction p n Meeti ngj Conference Rooms e 8 . . . LOWER LEVEL FLOOR PLAN - Dock Staff! Staff! Service Service r:::LJ (::;::::1 ~ I Reference Rest Service Rooms ~ .-u t r Children's Ir-:ef. Area U ~ tJ tl- Desk ~ t::::::1 :..... Stair Young Group Adult Study - J ~ ~ Non-Fiction St. Croix Collection ~ .......... - 9 BUILDING CROSS SECTION . Existing New Construction . e 10 . . e BUILDING MASSING DIAGRAM Historic Core Remains Unaffected French Doors, Windows Throughout New Work ~, ~ '-'-....: ...... !S\' /./"'- ...-"'- \ ./ // Optional Parking Level ./ .... Windows Throughout MASSING-VIEW FROM SOUTHEAST 11 . Parking Options . In the course of this facility study, the library's need for adequate parking - both at its present size and at its final extent - has been examined. The ongoing discussions between the various institutions in the area, in which the library has participated, have been productive and are expected to continue. In the meantime, we have examined what options are available to the Library to increase parking available to our patrons while respecting our residential neighbors. These can be loosely termed the "on-site" and "off- site" options: On-site: Because of the limited area of the library site, onsite options are somewhat limited. It is anticipated that the Facility Initiative will include restructuring the west lawn to feature a circular drop-off drive with access to book returns, etc., and a (very) limited amount of additional parking spaces. This report also has examined the feasibility of including a lower level garage under the newly constructed area. While it is technically very possible to add one or perhaps two levels of underground parking, this adds a very substantial cost to the proposed work (see Budget section). A benefit to pursuing this option would be that, assuming two garage levels are built U{lder the building, one could be taken over as library space in the distant future should needs dictate. However, given the cost impact, the Board would not be able to recommend pursuing this course without substantial outside funding. Off-site: This approach offers great promise, both for the library and for the disuict as a whole. A modest invesunent in the existing parking lot north of City Hall- which most people are unaware of - would create a great amount of capacity. Improvements . would need to be made to access, signage, lighting, and related components (relocating the dumpsters to a less prominent location, clearing brush, etc.). This would be very feasible, especially when compared to the costs of underground parking. We assume that City Hall and the library would be prime users of this space (freeing other existing spaces for other users in the disuict). We believe this would work well, in particular because the two groups of users typically peak at different times. . Budget Information A preliminary budget of total project costs has been completed, based on the projected square foot requirement. This includes the very substantial renovations necessary to the existing historic core of the building. This budget is in Year 2000 dollars, and appropriate escalators will be needed should the schedule stretch longer than presently anticipated. It is very important to note that this budget is for planning purposes only, and does not reflect an actual contractor's bid. As design documents are developed, cost estimating will proceed on a parallel track. This will allow constant, timely feedback for fiscal planning. e 12 . PREUMINARY BUDGET ESTIMATE ITEM AREA casr / SF ESTIMATED casr Renovation of Historic StIucture 13,200 $115 $1,518,000 New ConstIuction 19,000 $185 $3,515,000 Site Work allowance $500,000 Subtotal $5,533,000 Fees, Testing, Furniture, Fixtures, and Equipment $1,825,890 Contingency @ 10% $553,300 TOTAL $7,912,190 Underground Parking Option - 50 Spaces 50 $21,000 $1,050,000 . Because of the required phasing of this work, the total capital expenditure would be spread over several years: LIKELY ExPENDITURE SCHEDULE EsTIMATE - ExCLUDES PARKING & CONTINGENCY FIscal Year 2001 2002 2003 2004 Design/Permits/ Testing/etc. $325,000 $100,000 $50,000 $50,000 New Construction/Sitework $2,000,000 $2,500,000 Renovation $500,000 $1,000,000 Furniture /Fixtures/Equi pment $450,000 $550,000 jete. TOTALS $325,000 $2,100,000 $3,400,000 $1,500,000 . 13 . Cost Comparison . To provide a frame of reference for this renewal project, we have prepared a rough pro forma using a greenfield scenario (i.e. as if no Library existed, and we were building one from scratch). For the purpose of this discussion, we have identified an appropriate vacant parcel ofland in the city as our "site". Cost-per-square-foot numbers are taken from recent local/regional library construction projects, and the actual listing price of this land is used. ITEM AREA COST / S.F. ESTIMATED COST Land Purchase 63,496 $5.50 $349,228 New Consttuction 32,500 $165.00 $5,362,500 Site Work (Parking Lot & Landscaping) allowance $750,000 Subtotal $6,461,728 Fees, Testing. Fumiture, Fixtures, and Equipment $2,132,370 Contingency@ 10% $646,173 TOTAL $9,240,271 . At this level of examination, then, renovating and expanding at the existing Library is the more cost~ffective course of action. The effect of such a strategy on personnel needs is not exactly known, but it can be assumed to require approximately the same number of staff as the Historic Library to operate. When this is added to the firm dictates of Public sentiment, historic legacy, and civic and cultural qualities, the choice of direction becomes clear. Also, please note that it is beyond the scope of this study to estimate the negative impact of removing this very valuable parcel of land from the tax roles! . 14 . 4. PROPOSED ACTION PLAN . Library Board Activities 1. Fund raising 2. Public relations 3. Prepare "fact sheet" for distribution 4. Retain consulting librarian to complete building program 5. Hire architect and begin initial design · Board "Public" Activities 1. Coordinate activities with F@SPL . 2. "Case-building" activities and publicity 3. Constituent publicity . City Council Support Required 1. Commitment to the library's future. 2. Restart the district parking dialog. 3. Advice and supportl . Likely Construction Start and Fmal Occupancy Groundbreaking and the beginning of construction will be in the Library Building's Centennial year, 2002. The work is expected to be complete and the revitalized library fully (re)occupied by late 2004. . 15 City O~ g tiQQwate/l, uU iVlVlegota Ce/ltibicate Ob cApp/leCiatioVl ptlegettted to MARY PEROCESCHI WHEREAS, MARY PEROCESCHI SERVED ON THE STILLWATER HUMAN RIGHTS COMMISSION FROM JUNE 20, 1997 UNTIL HER UNTIMELY PASSING ON OCTOBER 2, 2000; AND WHEREAS, MARY PEROCESHI SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY AS A MEMBER OF THE STILLWATER HUMAN RIGHTS COMMISSION; AND WHEREAS, MARY PEROCHESCHI WORKED TIRELESSLY TO CHANGE BIASED ATTITUDES AND TO EUMINATE BIAS CRIMES AND SHE WAS ALSO A STRONG ADVOCATE FOR HANDICAP ACCESSIBIUTY. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HER DEDICATED SERVICE TO THE CITY OF STILLWATER, MARY PEROCESCHI IS HEREBY COMMENDED. THE COUNCIL EXTENDS TO THE FAMILY OF MARY PEROCESHCHI THEIR HEARTFELT SYMPATHY AND ITS APPRECIATION FOR HER DEDICATED SERVICE. BE IT FURTHER RESOLVED, THAT THE CITY CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL. ADOPTED BY THE CITY COUNCIL THIS 17TH DAY OF OCTOBER 2000. uUaYO/l . . . 10il~/2000 FRI 13:32 FAX 605 399 0267 MCGARRITY - RICa~SON @002/002 @ McGarijt~ & Richardson, LLC Radisson Stillwater Executive Summary October 13. 2000 1. Preliminary plans have been completed showing 170 rooms in the project. 2. Kraus-Anderson has estimated the plans and we now have agreement between budget and cost. 3. Met with City staff to discuss points outstanding with regard to Development Agreement 4. Equity partner has been identified and should be represented at City CC?uncil meeting. 5. Anticipate closing on loan within first fifteen days of December, 2000. 6. Finish drawings and contracts through the winter of 2000-2001. 7. Start construction in April. 2001 and open hotel May, 2002. YCC; Sr, JosePH $meer . SUm; 602 . P.O. Box 8247 . /'WID ell'!, SOUfH OAKOTA 57709 . PooNE: 605.399.0262 . FAA: 605-399-0267 ONE PIEOMCM CENTER · S\..1re 416 . 3565 PIEOMQ\lf ROAD' All.ANfA, GmllGIA 30305 · PHoNE: 404-261-7774 . FAX: 404-261-4~4 , . . . CITY OF STILL WATER CITY COUNCIL MEETING NO. 00-21 October 3, 2000 REGULAR MEETING 4:30 P.lYI. The meeting was called to order by Mayor Kimble Present: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole Also present: City Administrator Kriesel City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Community Development Director Russell Director of Administration Kadin City Clerk Ward Press: Julie Kink:, Courier OTHER BUSINESS Issuance of Tax Increment Refunding Bonds Mr. Dave MacGillivary of Springsted, Inc. presented a report and recommendation regarding the issuance of a bond to redeem General Obligation Tax Increment Refunding Bonds, Series 2000F. Motion by Councilmember Cummings, seconded by Councilmember Zoller adopting Resolution No. 2000-263 authorizing the Issuance of and Sale of$2,265,000 General Obligation Tax Increment Refunding Bonds, Series 2000F. Ayes: Councilmember Bealka, Cummings, Zoller and Mayor Kimble Nays: None Absent: Councilmember Thole Bond Call Mr. Dave MacGillivary of Springsted, Inc. presented a recommendation regarding the preparation for the calling ofImprovement Bonds of 1991-A and 1993-B. Motion by Councilmember Bealka, seconded by Councilmember Cummings adopting Resolution No. 2000-264 authorizing the Process to Call Improvement Bonds 1991-A and Improvement Bonds 1993-B Ayes: Councilmember Bealka, Cummings, Zoller and ,Mayor Kimble Nays: None Absent: Councilmember Thole . City Council Meeting No. 00-21 October 3,2000 STAFF REPORTS Fire Chief Kallestad reviewed the request by the Fire Department for the placement of signs . around the City regarding Fire Prevention Week and the fundraising Fire Department Fish Fry that is on the consent agenda. Community Development Director Russell stated that it is hard to enforce the City's sign ordinance if exception is made for City functions. Mayor Kimble felt that this campaign educates and supports public safety. Councilmember Zoller stated that he felt that the sign ordinance needs to be in place, but that in this instance an exception should be made. City Administrator Kriesel stated that this might be reviewed with the new Council at a workshop in January 2001. Community Development Director Russell informed the Council that on October 16, 2000 at 7:00 p.m. the Planning Commission and Park Board would be holding a joint public hearing on the draft trail plan. He stated that the plan is available for review and comment. He stated that after the public hearing each commission will discuss the plan, make any changes and then it will come before Council at a future meeting. Mr. Russell informed Council that three Open Space Committee member have submitted resignations. He stated that the open space function was incorporated in the Park Board . functions with a recent ordinance change. Councilmember Zoller stated that the issue of dissolving the open space committee and incorporating its functions with the Park Board might be another issue to be discussed at the workshop in January. Mr. Russell stated that there is language in the Park Board ordinance that they have open space representation, but the new ordinance hasn't been completely implemented. City Administrator Kriesel stated that a formal resolution dissolving the Open Space Commission has not been done. Council consensus was that staff bring this issue up at a future meeting. City Attorney Magnuson stated that Trailhead Development has posted letters of credit and is requesting a reduction in the letters of credit to $86,000. He stated that the City Engineer agrees that the reduction is appropriate. Motion by Councilmember Cummings, seconded by Councilmember Bealka reducing Trailhead Development's Letter of Credit to $86,000. City Attorney Magnuson informed Council that there should be an executive session to discuss. the Hudson assessment appeal. 2 , City Council Meeting No. 00-21 October 3,2000 . City Administrator Kriesel reminded Council of the meeting with the Library Board on October 17,2000 at 4:30 p.m. Mayor Kimble recessed the meeting at 5:10 p.m. RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Administrator Kriesel City Attorney Magnuson Police Chief Dauffenbach Fire ChiefKallestad City Engineer Eckles Community Development Director Russell Director of Administration Kadin City Clerk Ward Press: Julie Kink, Courier APPROVAL OF MINUTES . Motion by Councilmember Bealka, seconded by Councilmember Thole approving the September 19, 2000 City Council minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kimble asked that Council adopt a resolution commending Mary Peroceschi for her contribution to the City through her participation on the Human Rights Commission and present this resolution to her family. Ms. Peroceschi passed away on Monday, October 2, 2000. Motion by Councilmember Zoller, seconded by Councilmember Thole adopting Resolution No. 2000- 265 commending Mary Peroceschi for her contribution to the City of Stillwater and her commitment while serving on the Human Rights Commission. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None OPEN FORUlVl Mike Robinson, 801 VV Pine, presented Council with drawings and a picture relating to Mr. Duane Arndt's project at 838 West Willard and asked that Council direct staff to investigate the setback of the porch and addition issues because he felt that Mr. Arndt was still none compliant. . He stated that the tennis courts need to have the cracks filled prior to winter and asked Council to direct staff to investigate this issue. He also asked why the basketball court at Staples was locked. 3 , City Council Meeting No. 00-21 October 3, 2000 Mayor Kimble responded that it was due to the abuse of use of the facility and that Mr. Robinson should talk to Tim Thomsen, Public Works Superintendent regarding the crack filling issue. . CONSENT AGE~'DA Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the consent agenda. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Resolution 2000-259: Directing Payment of Bills Redirection of Approved Capital Funds for a new audio-visual "book" return to the purchase of a public laser printer. Resolution 2000-260: HV AC Planned Service Agreement with Johnson Controls - Resolution. Resolution 2000-261: Assessment of former Kern-Pauley lot Approval to hang signs on the fire station and on the Lily Lake Recreation sign. Approval for Bingo for Church of St. Michael (held at St. Mary's School Building due to construction) Resolution 2000-262: Reapportioning Special Assessments for Heartland Office Village Subdivision PUBLIC HEARINGS Case No. V/OO,.6? Consider a request an appeal of the Planning Commission's decision from Jim and Julie Mov for a variance to accessorY buildings regulations for an additional garage and a variance to the s uare footaQ:e 1 000 s uare feet maximum 1 334 s uare feet re uested at 720 North Everett Street in the RB. Two Familv Residential District. Community Development Director Russell reviewed the request for an appeal with Council and stated that the Planning Commission denied this request with a 5-4 vote. Mayor Kimble opened the public hearing. Jim Moy, applicant explained the variance request and asked Council to approve the variance. Mayor Kimble closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution No. 2000-266 approving the variance to accessory buildings regulations for an additional garage and a variance to the square footage (1,000 square feet maximum, 1,334 square feet requested) at 720 North Everett Street in the RB, Two Family Residential District. Case No. V/00-62. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None UNFINISHED BUSINESS Comments on the BCWD draft plan. . City Engineer Eckles reviewed the proposed comments on the Brown's Creek Watershed Districts 2nd Generation Plan. 4 . . . City Council Meeting No. 00-21 October 3, 2000 Mayor Kimble stated that when the comments are sent to the BCWD that the cover letter makes it clear that nothing contained in these comments is meant to offend, that the comments are suggestions. City Administrator Kriesel asked about the state rules regarding infiltration ponds etc. and has that been addressed. City Engineer Eckles stated that those issues are somewhat addressed, but that if it is not addressed in the 2nd generation plan it will be addressed shortly after that. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the comments on the Brown's Creek Watershed District 2nd generation plan. Adoption of Ramsev Alley Assessment Roll Motion by Councilmember Bealka, seconded by Councilmember Cummings adopting Resolution No. 2000-267 adopting Assessments for Ramsey Alley Improvements (Project 2000-05A). Ayes: Nays: Abstained: Councilmember Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole Eagle Ridge PropertY Purchase (former water tower property) City Attorney Magnuson informed the Council that the high bidder for the Eagle Ridge Property (former water tower site) has decided not to purchase the property. He recommended re- advertisement of the sale of the property or list the property with a realtor. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to list the property with a realtor and provide Council with a Listing Agreement for approval at the next meeting. All in favor. Case No. V/00-54. Findings of Fact for a variance denial to the side vard setback (10 feet required. 2 inches proposed) for construction of access window wells at 838 West Willard Street in the RB. Duplex Residential District. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution No. 2000- 268 adopting the Findings of Fact for a Variance Denial to the Side Yard Setback (10 Feet Required, 2 Inches Proposed) for construction of access window wells at 838 West Willard Street in the RB, Duplex Residential District. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5 City Council Meeting No. 00-21 October 3,2000 . NEW BUSINESS Joint Board Items. City Engineer Eckles reviewed the annexation of Boutwell Road Right ofvVay and the installation of a watermain on County Road 15 that were presented to the Joint Board. He stated that the Joint Board did not have any issues with these items and that the township will be presenting this information to their town board. He also stated that these items would be returning to City Council at a future date. Case No. Sub/00-63. request from Jim Jungmann for a request to resubdivide Lot 17. Blk 1. Oak Glen 12th Addition. Lot 18. Block 1. Oak Glen 12th Addition and Lot 22. Block 1. Oak Glen 12th Addition to add 15 feet to Lots 17 and 18. Block 1. Oak Glen 12th Addition. (Resolution) Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 2000- 269 approving the resubdivision of Lot 17, Elk 1, Oak Glen 12th Addition, Lot 18, Block 1, Oak Glen 12th Addition and Lot 22, Block 1, Oak Glen 12th Addition to add 15 feet to Lots 17 and 18, Block 1, Oak Glen 12th Addition. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None . COlHMUNICA TIONS/REQUESTS Mayor Kimble stated that the CVS will be holding "Rake a Difference Day" on October 28, 2000. ADJOURl~MENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn the meeting at 7:56 p.m. Jay Kimble, Mayor ATTEST: Diane Ward, City Clerk . 6 . . . City Council Meeting No. 00-21 October 3,2000 Resolution No. 2000-259: Directing Payment of Bills Resolution No. 2000-260: HV AC Planned Service Agreement with Johnson Controls - Resolution. Resolution No. 2000-261: Assessment of former Kern-Pauley lot Resolution No. 2000-262: Reapportioning Special Assessments for Heartland Office Village Subdivision Resolution No. 2000-263: authorizing the Issuance of and Sale of $2,265,000 General Obligation Tax Increment Refunding Bonds, Series 2000F. Resolution No. 2000-264: authorizing the Process to Call Improvement Bonds 1991-A and Improvement Bonds 1993-B Resolution No. 2000-265: commending Mary Peroceschi for her contribution to the City of Stillwater and her commitment while serving on the Human Rights Commission. Resolution No. 2000-266: approving the variance to accessory buildings regulations for an additional garage and a variance to the square footage (1,000 square feet maximum, 1,334 square feet requested) at 720 North Everett Street in the RB, Two Family Residential District. Case No. V/00-62. Resolution No. 2000-267: adopting Assessments for Ramsey Alley Improvements (Project 2000-05A). Resolution No. 2000-268: adopting the FindIngs of Fact for a Variance Denial to the Side Yard Setback (10 Feet Required, 2 Inches Proposed) for construction of access window wells at 838 West Willard Street in the RB, Duplex Residential District. Resolution 2000-269:approving the resubdivision of Lot 17, Blk 1, Oak Glen 12th Addition, Lot 18, Block 1, Oak Glen 12th Addition and Lot 22, Block 1, Oak Glen 12th Addition to add 15 feet to Lots 17 and 18, Block 1, Oak Glen 12th Addition. 7 ... ,~ . LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2000-270 . Ace Hardware Action Radio Communications Inc All Safe Div of All Fire Test Inc Ancom Communications Associated Bag Company A T and T AT and T Broadband AWl Diversified Barr Engineering Company Board of Water Commissioners Bonestroo, Rosene, Anderlik & Assoc Boyer Ford Trucks Braun Intertec Corporation Brochman, Peter Brock White Co Buberl Compost Inc Buberl, Larry Bureau of Criminal Apprehension Carlson Wagon lit Travel Carquest Auto Parts Century Power Equipment Chaves, Nick Chemsearch Clement Communications Inc Coca Cola Midwest Corporate Technologies Courier News Creative Art Supplies Cys Uniforms Dakota Co Tech College Dalco Dauffenbach, Larry Dels Outdoor Power Equipment Desch, Mark / Gloria Emergency Apparatus Maintenance Erickson Wood Chips Express Photo Fed Ex Firstar Trust Services Fitzgerald, Sue G & K Services Goodwill/Easter Seals Heritage Embroidery & Design Hi Tech Signs Ikon Office Solutions . Hoses/wheel grinds/batteries Two way radios Fire extinguisher testing Headset Evidence bags Telephone Cable service Repair fence/ entrance-Pioneer Pk Prison Sewer revision/wall repair Hydrant repair Browns Creek/Coves/Mulberry Ravine Dump truck/plow/sander-parts #2 truck Concrete testing-2nd sheet ice Design review refund Asphalt crack filler Topsoil Sept animal transports CJDN 3rd qtr connect charges Air fare NLC Conference-Boston Auto/equipment parts Replace edgers/repair tractor Reimburse cell phone Tree/plant/shrub fertilizer Bullseye banner Concession supplies Phone system service Publications Foamboard Uniforms Report training-Zizzo Filter bags Police Chiefs conference/training Chains Parking lease/ maintenance Repairs/parts units 6107/6108/6109 Legends playground safety fiber Film processing Shipping-State Bldg Code Div Bond paying agent fees Membership Natl Trust Historic Pres Uniformslrugs/towels/mops Sept ADC expenses Uniform shirts Stillwater Ponies banner-St Croix Rec Staples/ink cartridges 683.23 1,940.66 88.05 342.00 87.35 48.49 22.67 122.50 1,777.50 190.82 4,839.95 33,175.14 1,425.00 25.00 1,422.41 9.05 25.00 270.00 1,132.50 390.30 1,116.82 21.90 1,411.23 186.68 651.60 132.50 59.64 44.43 437.95 125.00 19.26 301.00 33.85 979.65 6,099.59 1,640.00 32.77 42.64 2,040.42 20.00 2,915.73 343.00 208.56 250.00 266.84 EXHIBIT "A" TO RESOLUTION #2000-270 Imagineering Computer Consultants Infratech International Personnel Management Jacobson, Cindy Jansens Cleaning Service J H Larson Junker Enterprises Krongard Construction Lakeview Hospital Lind, Gladys Magnuson Law Firm Maple Island Hardware Menards Met Life Dental Metro Council Environmental Services MN Blue Digital Imaging MN Building Codes & Standards MN Dept of Commerce MN Dept of Public Safety BCA Training MN DNR MN Ice Arena Managers Association MN State Treasurer Northshore Compressor & Machine Northwestern Tire Co Oakland Construction Office Max On Site Sanitation Organized Executive Page Net P C Solutions Porta-Pot Sanitation Pro Staff Quill Corporation Reliable Riteway Plumbing Rose Floral Royal Lube & Service R & R Specialties R W Kirchner & Associates St Croix Office Products St Croix Recreation Co St Croix Tree Service Sala Architects Senn, Daren Shilts, Cindy Short Elliot Hendrickson Inc Page 2 . System consulting Sewer line repairs Membership-Kadin Telephone battery Maint-Library/City Hall/Old Prison Site Light bulbs Sodllabor St Croix Rec Center Grading escrow refund Blood draw/Bailey Land purchase payment Legal services Pa i nt/batterieslrake/lights Stops/drill bit/crack filler/lumber Cobra payment-Joe Ritzer Sept SAC charges/November sewer Inkjets Plan review St Michaels Catholic Unclaimed property 2000 Managerial training-Felsch Water permit Fall conference-Brady Building permit surcharge Sept 2000 Air test/replace filters Tires/stems Grading escrow refunds Foamboard/badges/cartridges Portable restrooms Subscription Pager service Computer maintenance Portable restrooms Accounting clerk Copy paper Microwave/coffee/time cards Refund plumbing permit Sympathy tribute-Peroceschi Oil changes Painting ice-North sheet Appraisal-Hudson-Downtown Lighting Office supplies Play equipment-Meadowlark Park Removal of Hazardous tree Services-Public Works Building Grading escrow refund Mileage/parking Traffic analysis-U S Homes-Coves 63.75 1,675.00 100.00 31.94 1,320.00 1,893.52 4,500.00 1,500.00 40.00 927.00 11,763.11 90.09 501.28 20.74 108,694.80 104.62 10,360.68 25.00 180.00 75.00 75.00 5,902.88 324.48 263.62 3,000.00 183.08 362.60 97.00 13.54 167.00 645.85 187.20 178.48 226.42 50.00 63.90 136.41 633.00 375.00 2,036.07 3,284.87 772.13 270.00 1,500.00 25.90 589.76 . . . . . EXHIBIT "A" TO RESOLUTION #2000-270 Snyders Drug Space Mobile Structures Sprint PCS Stillwater Amocoff exaco Stillwater Farm Store Stillwater Ford Stillwater Gazette Stillwater Lions Club Stillwater Towing Stripe A Lot T A Schifsky & Sons Total Media Inc Ultimate Data Information Systems United Rentals Valley Trophy Inc Van Paper Company Verizon Wireless Washington County Sheriff Waste Management Watson, Dennis Page 3 VHS tapes Rent office trailer Telephone Automotive fuel Calcium Chloride Repair unit 209 Publications 4th qtr 2000 dues/meals Squad/forfeiture/truck tows Painting crosswalks AsphalUtack oil VHS tapes Computer programming Replace generator/signs Name plates Paper products Telephone ID cards-Roettger Garbage waivers/recycling 4th qtr 2000 Computer programming 35.74 135.00 70.01 2,968.09 202.20 158.40 206.27 78.00 276.92 2,950.00 1,939.03 32.80 285.00 1,248.19 12.54 166.67 435.96 10.65 12,890.13 150.00 . Memorandtnn To: Mayor Kimble and City Council Members cc: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 10/13/00 Re: Purchase ofVarda Alarm lWould like to purchase a Varda alarm. The cost of the alarm is $3549.59. The trl()11.eyWill come out offorfeiture fund. There is ample money in the fund to cover thec()s[ 'I'l1isis the same radio transmitting alarm that was approved during the budget pres~tation. The department can really use two alarms. I Will be requesting one aflerthefirst of the year also, from capitol outlay money. 1 OCT 11-2000 08:51 VARDA CO 661 323 1761 P.02/02 ~~~~~E No. 19795 .A~ 'V~~~~L:~M 2729 ALTA VISTA DR, BAKERSFIELD, CALIFORNIA 93305 (805) 323-1703 FAX (805) 323-1761 DATE ORDER RECEIVED 9..26...00 TO rStillwater Police Dept 214 N. 4th Street Stillwater MN 55082 Attn: Jeff Magler "I SHIP r- TO "I Same L -.J L -.J (651) 351-4900) TERMS 30-day Free Trial - May Buy I SACK ORDER FROM INVOICE NO. I Allor Part or Return RESALE 0 C.O.D. 0 CHARGE 0 DATE ORDEJlED I CUSTOMERS PURCHASE ORDER NO. SHIP VIA DATE REQUIRED 9-26-00 Verbal UPS GroundTrac ASAP AMOUNT .II QUANTITY QUANTlTY , MODEL tRACK ORDERED SHIPPED i NUMBER DESCRIPTION PRICE PER EXTENSION ORDERED 1 1 T15nx ALARM -ct1<:nc: nn '''' 1'::0C:: nn 1 1 Prom FREQUENCY 11;j:; non T;';~ 1 1 T-1 TONE 1".11 s:! I".IR' QI; nn "" oc: nn 1 1 1/4W QUARTER WAVE ANTENNA T"~ HIGH GAIN ANTENNA 1 1 RA RIGHT ANGLE CONNECTOR T... Tp.2 TAPE. TWO SIDED FOAM 1 , iM TRAINING MANUAL T"~ 1 1 TO THERMAL DETECTOR I 1c:n nn ~" ,,,,n ,.,,., 1 , Tl TRIP LINE & TAB Tn,. MS MAGNETIC SWITCH MAT NO.1 DETECTOR CELL - NORMALLY OPEN NC.3 DETECTOR CELL - NORMALLY CLOSED 121BP RIBBON SWITCH AW AIRWAVE SWITCH PB PULL BLOCK ACT AC LINE CARRIER TRANSMITTER ACR AC LINE CARRIER RECEIVER Y Y CONNECTOR SO SOUND DISCRIMINATOR WB WINDOW BUG RG58 COAX ASSEMBLY ACC ACCESSORY CARRYING CASE ~ .~ ~ ..l-" .. RTO.LS RADlO THERMAL DETECTOR 239.00 ea ~""J .. V30L PERSONAL TRANSMITTER .. V40L CASH REGISTER TRANSMITTER . . V56L PENDANT TRANSMITTER ,- , -.vnl. GENERAL USE TRANSMITTER 1:1: nn ~~ 1;1; nn .. ET2LT TILT TRANSMITTER , , . . V3000L RECEIVER (FOR RADIO TRIPS) l;Q l;n ,,;:, !:iQ !:in BATTERY SM SHOP MANUAL -, , t)M 0.." M..+ ?~v':l':: l;n nn "" l;n nn , , OM 0..;; u~+ ':l"v':ll': I;R nn ,,;:, I:Q 'nn , , \/077 Tv' ,?I: nn ~~ 1']1; nn , , IM77UO Tv _ U; _O..,~ ''7c: nn ,,,. '171; nn 1 , -~Titonn ..... Th,,~+ v;+ ".,1: nn "" ':l']l; nn IMPORTANT AGREEIIENT: THE PURCHASER ASSUMES RESPONSIBILITY FOR ALL LOSSES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY. PROPERTY LOSS AND PROPERTY DMlAGES RESULnNG FJlOII MALFUNcnON OF VARDA EQUIPMENT, IMPROPER USE, lNAt)EQUATE TRAINING, OR OTHER CAUSES, AND AGREES TO HOlD YARDA COMPANY HARMLESS FROM LIABILITY FOR SUCH LOSSES. "ITEMS LISTED III THE BACK ORDER COLUMII WILL BE SKIPPED AS SOON AS POSSIBLE. . .. INDICATES RADIO TRIP DEVICES. ALL OTHEfl TRIP DEVICES ARE HARDWlRE. I TOTAL $9035.50 , 3$/~, SO SHIPPING USE ONLY DATE III&.. $A!J;S SHIPPED TAX ,no VIA SH_G NO. OF Pl<GS. CHARGe <F; nQ 0D6T AMOUNT $6e~~J.~ ~ DUE _. -, ' _. - .- -:" r;::;;;;. \"'"- "\'" '~I :~rc:; OCT-11-2000 10:53 TOTAL P.02 P.02 661 323 1761 79% . . 7.DO . . TAX RATE AUTHORIZATION FOR THE YEAR 2001 WHEREAS, the State of Minnesota has enacted Chapter 243, Laws of Minnesota 1999, Article6, Section 2 requiring a city council to have adopted and filed an authorizing resolution if it's city tax rate turns out to be higher the following year than a theoretical tax rate for the previous year under the law, and, WHEREAS, there are numerous factors that are beyond the control of city councils and that can potentially cause tax rates to rise, including but not limited to: A. Class rate changes by the state on various types of property, B. The economy and its effect on the tax base, including real estate and construction growth or lack thereof, C. Limitations on what percentage the market value of property can rise each year as set by the state and, D. State aid reductions and deductions, and E. Unfunded mandates upon local governments and, WHEREAS, because of these outside factors beyond control, a city may need to have a higher tax rate for the following year, and if the tax rate has to go up, the City of Stillwater wishes to be in compliance . with the law by having an authorizing resolution adopted and filed; and WHEREAS, regardless of external factors influencing the tax rate through the years, the city of Stillwater has a strong tradition and record of success in holding down property taxes on the citizens of the city. NOW, THEREFORE, BE IT RESOLVED, that if the tax rate for the City of Stillwater for the payable year 2001 is higher than the tax rate certified by the county auditor under clause (3) of Section 2, Article 6, Chapter 243, Laws of Minnesota 1999, the higher tax rate is hereby authorized by the city council. BE IT FURTHER RESOLVED, that an official copy of this adopted resolution be filed with the County Auditor. Adopted by the city council this 17th day of October, 2000. Jay Kimble, Mayor . Diane Ward, Clerk . . . RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the Council) of the City of Stillwater, Minnesota (the City) as follows: 1. Recitals. a. The Internal Revenue Service has issued Section 1. 103 -18 of the Income Tax Regulations (the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time for the issuance of the bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, iflonger, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure. c. The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. a. The City proposes to undertake the following projects described on Exhibit A attached hereto. b. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting of preliminary expenditures as defined in Section 1.103-18 (i)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. c. The City reasonably expects to reimburse the expenditures made for the costs of the designated projects out ofthe proceeds of the debt (the Bonds) to be incurred by the City after the date of payment of all or a portion of the costs. All reirnbursed expenditures shall be capital expenditures as defined in section 1.150-1 (h) of the Regulations d. This declaration is a declaration of official intent adopted pursuant to Section 1. 103-18 of the Regulations. 3. Budget Matters. As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects other than pursuant to the issuance of the Bond. This resolution, therefore, is determined to be consistenMa with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable 0'" the date hereof, all within the meaning and content of the Regulations. 4. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the city clerk at the City Hall (which is the main administrative office of the City) during the normal business hours of the City on every business day until the date of issuance of the bonds. 5. Reimbursement Allocations. The City's financial officer shall be responsible for making the reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs ofthe projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account in accordance with Section 1. 103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statue, which would apply to the unspent proceeds of the Bonds. Adopted this 17th day of October 2000. . Jay Kimble, Mayor ATTEST: Diane Ward, City Clerk . . . . EXHIBIT A Mulberry & Water Street Reconstruction Ramsey Alley Improvement $226,646.00 $7,250.00 . . . TO: FROM: DATE: SUBJECT: CITY OF STILLWATER MEMORANDUM Mayor and City Council Sharon Harrison, Assistant Finance Dire~ October 11, 2000 Utility Bill Adjustments-Sewer Charges Recommendation 1. Description Frozen pipe repaired in April 2000. Reduce July 2000 & future to prior 3 year average of 10,000 gallons per quarter. . Mem.orandum To: Mayor Kimble and City Council Members cc: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 10/13/00 Re: Purchase of Projector 'fheStillwater Police department was awarded a Juvenile Accountability Grant for $6500.00. The money is to be spent on equipment to improve juvenile relations. Pre appfoV'edin the grant was the expenditure for a projector that can be hooked up to a cOtnpl1terJ The cost of the projector is $4749.00 off the state bid. The city must pay for the equipment. The grant will reimburse the city. Recommend approval of the purchase of a projector. 1 ~~!~P~!! www.compview.com Quote expires: 10/12/00 Quote to: David Roettger Stillwater Police Department 216 North 4th Street Stillwater MN PHONE: (651}351-4900 FAX: (651}351-4940 55082 Ref. No. DescriDtion 1 InFocus 350 projector state contract pricing 2 Mindpath remote LEASING OPTIONS 10% Purchase Option 2 advance payments $1 Buyout Option 2 advance payments Fair Market Value o advance payments on the 3 year term** Comp View Inc, Regional Office 1400 Energy Park Drive, Suite 17 SI. Paul, MN 55108 800-881-3049 651-647-4452 Office 651-647-4459 Fax . Quote #: Quote Date: 9/27/00 Account Executive: Sherri Sherpy Mobile: 612-598-4811 Email: sherriS@compview.com ~ Unit Price Extended Price 1 $ 4,600.00 $ 4,600.00 1 $ 149.00 $ 149.00 $ Direct Purchase Quotation Total: $ 4,749.00 . 2 Year 3 Year $ 212.28 $ 151.02 $ 230.33 $ 162.42 $ 2Q3.26 $ 142.00 FMV, 3 year term, 0 advance payments is a promotional offering. Offer good through June 30, 2000. Thank you for the opportunity to serve you! Seattle San Jose San Diego Salt Lake San Francisco Minneapolis . Los Angeles Denver . . . MEMORANDUM TO: Mayor and Council FR: City Administrator RE: 2nd sheet of ice - Change Order No. 4 DA: October 10, 2000 Discussion: Attached is a summary of the items included in Change Order No.4 for the new arena addition construction project. Recommendation: Council approve Change Order no. 4, new arena addition construction project. /j/~ CHANGE ORDER O~ER ARCHITECT CONTRAC70R F!E!.D OTHER o C G AlA DOCl.iME\T C/OI r G ?~0]EC7 SCVRC (2ND SHEET OF ICE) C~e. J.cc:e~si 1675 Market Dr. Stillwater, MN 55082 TO CON1R.~CTOR. GEO. W. OLSEN CONST. (n~-:1e. J.cCr~s) 1902 S. Greeley St. P.O. Box 20 Stillwater, MN 55082 G-:.4_"GC ORDE~ :-;U'{EE~; 4 . 0:1. T::; September 22, 2000 CO., INC ..\.'\CE1;::C1"5 P~O]ECT :-;0: CONTR..l.Cl DATE: November 9, 1999 CONTR..l.CT FOR: General Construction T:'1e Concr:;.c: is c~:QI1ged as follows: See Attached ~heet W/Documentation Change Orders #28 thru #35 . Net valid until signed by the Owner, Architect and Contractor. The Ori~::l~~Gu:;.rmce::d !o(::'"C.r:"'.tJ..'7l ?:-:c::)?"-S .. ~e~ c:::l.~3e o~. pre./lousl.... :luc."lorizd C:mg:: Orce:s . The~~) \ Gu:;.r:l.~c::::d ~l:;.:c..num ?:-:c::l pr:or:o c:us Clmg:: Ordc::: ....:.:; n:c:~ (Gu:n.nc::::::! :Vl::'Unum 2:-:c:) <:".'ill be: (ir.c~::"'..s~d) ~ ~ by :his C1::.:13: Ore::: :n the: m:cum or' ... ....... ...... T~c:= nc:":V~Gl!.::n.rlce::d ~{:l..:Crnum ?:'IC::} ir:c~uCing t.~'u.s C:t:L.'1ge Orc~:- ":\'":iI be: 5 1,937,757.00 s 30,278.00 1,968,035.00 12,723.00 1,980,758.00 T:,e Comr::c: Time will be ~~){~1!'~X~ (unch::.nged) by The c::ce or' SubsU".ci::l Comple~:on :lS or the d:;,:e of c.his Ch::ng:: Oree: chc::::::ore i.:; ;c:.y'5. ="'OT~: T:'1t:5 :)urnm~-:; dcc::s ~C[ ce:lc::: c:::.u:g-:::s in the: COC1{:::C: SUr.1_ Concnc: T:.rr.~ or Gll=r~c~::-j ~t:i...v...:...":'!.UI71 ?~~c:: Vo-t1:c:-. :-::.....~ :::::-::~ ::~c..""lcr..:::~ jy Cu~tt"'JC:Ion C:~:nge Di['e~:rve_ .'.ccr= GEORGE W. OLSEN CONSTRUCTION CO., INC. CONT:t\C70R 1902 S. Greeley St. CITY OF STILLWATER ANKENY KELL ARCHITECTS ...,K~I~CT 821 Raymond Ave., Suite 400 OW:-;E:? 216 N. 4th St. St. Paul, MN 55114 Stillwater, BY ~M~ SY DAT~ <=i ~'Z7 rU'l) DATE: MN 55082 ACC:::;S Stillwater, MN 55082 6Y ~2-- 9/~~4o . I / OAT;: ".ccr:ss AlA OCCJME.>.fT G701 . c:-!....'iG<: ORDE.". . 1987 EDmON . .-I.l.\" . @ 1987 . T:-iE .\...\ERIC....'l ["'STIlt."7:: OF ARC:ilI::CTS. !':"35 :'iEW YOR.'\ ....vc.. :o;.w. ~.\:inl:-:GTO";. O.c. ~C"..c6 G701-1987 " ; PAGE #4 #28 4 PR#lO- :> ITEMS #4 & #5-CAULKING :> ITEMS #3 & #6 - ADDmONAL . CONCRETE $3,176 #29 4 CHANGING THE FUNCTIONS OF LOCKSETS AT DRS #056A & #132A $ 626 #30 4 ADDITIONAL CAULKING @ PERIMETER PRECAST WALLS & SLAB ON GRADE $ 1,898 #31 4 EXTRA EXTERIOR NORTH STAIRS (14 ADDmONAL RISERS) $ 5,950 #32 4 BRONZE CIRCULATING PUMP FOR ORIGINAL HOT WATER HEATER $ 1,317 #33 4 GWO'S SHARE OF COSTS FOR REPAIRS REQUIRED FOR THE EXSITING HOT \V A TER SYSTEl\-I (DEDUCT) ($1,000) #34 4 EXTRA WORK REQUIRED FOR THE EAST SIDEWALKS $ 956 . #35 4 SETTLEl\IENT FOR DAl\IAGE TO THE NE\V HOT WATER TANK (DEDUCT) ($ 200) TOTAL COST FOR CHANGE ORDER #4 = $12,723 . . APPOINTING DATA PRACTICES COMPLIANCE OFFICIAL WHEREAS, Minnesota Statutes, Section 13.05 Subd. 13 requires that the City appoint a City employee to act as its data practices compliance official to receive questions or concerns regarding problems in obtaining access to data or other data practices problems within the City, and, WHEREAS, the City Council shares the concern expressed by the Legislature about access to City data and wishes to satisfy this concern by immediately appointing a qualified data practices compliance official as required under statute. BE IT RESOLVED, the City Council appoints the City Clerk and Director of Administration as the data practices compliance officials to receive questions and concerns regarding problems in obtaining access to data or other data practices problems. Adopted by the City Council of the City of Stillwater this 1 ih day of October 2000. Jay Kimble, Mayor . ATTEST: . Diane Ward, City Clerk . . . Memo DATE: October 13, 2000 TO: Mayor and City Council Chantell Ka~~ Director of Administration FROM: RE: 2001 Health Insurance Rates Attached is a schedule of Current and Renewal Rates for the City of Stillwater's group health insurance through Blue CrosslBlue Shield of Minnesota. The Renewal Rates represent a 7% increase over the rates for 2000. The rates would be effective January 1 - December 31,2001. Recommendation Staff recommends the City Council adopt the attached Resolution approving the Renewal Rates for health insurance premiums for the 2001 plan year. CITY COUNCIllMEMO.2001.HEAL TH.RENEW AL.RATES.2000-10-17 ~ Triole Gold 8/11/00 5:10 PM Current Rates 111/01 Renewal Rates for City of Stillwater CIOS6 . Renewal Rates Single $246.93 $226.29 Family $649.49 $594.70 Increase 7.0% Single $264.22 $242.13 Family $694.95 $636.33 . . . . . APPROVING HEALTH INSURANCE RATES EFFECTIVE JANUARY 1,2001 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the annual rate increase for the City's group health insurance scheduled to become effective January 1, 2001, as listed below, is approved: INDIVIDUAL DEPENDENT 1st Dollar (Traditional Plan/Fee for Service) Renewal: $264.22 $694.95 Triple Gold (Point of Service plan) Renewal: $242.13 $636.33 Adopted by the City Council this 17th day of October,2000. Jay Kimble, Mayor ATTEST: Diane F . Ward, City Clerk . . . . . . APPROVAL OF AGREEMENT WITH SAFEASSURE CONSULTANTS, INC. FOR OSHA AND SAFETY CONSULTATION BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Agreement between the City of Stillwater and SafeAssure Consultants, Inc. for OSHA and Safety Consultation in the amount of $5,895.00 is hereby approved. Adopted by the City Council this 17th day of October 2000. Jay Kimble, Mayor ATTEST: Diane F . Ward, City Clerk ,<O'PDs ~ 9 Or o . ,-- . y 1StJ: So.feAsslAve Co V\"S lALto. V\"tsl I V\"Ct. october 1.0, 2000 . . . . 1 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies \Hitten and training requirements. The required standards that apply to The City of Stillwater are listed below: A. \V.A.I.R. wIN Statute 182.653 "An emplo.ver covered b,v this section must establish a written Work-place Accident & Injury program that promotes safe & healthful working conditions...... II EylERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 liThe emergency action plan shall be in IvritinR and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies ". CONTROL OF HAZARDOUS ENERGY-- 29 CFR 1910.147 & yIN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section ". HAZARD COlVl\-IUNICA TIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, bilt is not limited to, provision for: development & maintaining a lvrittenhazard communication programfor the lvork-place... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILL\~SSES 29 CFR 1904 "Each emplo.ver shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............ " 2 COl\'FL\t:D SPACE 29 CFR 1910.146 , If the emplo.ver decides thar its employees will emer permit spaces, the emplo.'/er sha develop and implemem a wriuen permit space program........ RESPIRATORY PROTEeTIO~ 29 eFR 1910.134 ~1,/riuen standard operating procedures governing the selection and lise of respirators shall be established. OCCCPATIO~AL NOISE EXPOSURE 29 eFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure emplo.vee paniciparion in such a program. BLOODBOR~"E PATHOGENS 29 eFR 1910.1030 Each emplo.ver having an employee(s) with occliparional exposure as defined b.v paragraph (b) of this section shall establish a wriuen Erposure Control Plan designed to eliminare or minimiz.e employee exposure. . POWERED E\l)USTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permiued to operate a pOH'ered industrial truck. j'vtethods shall be devised to train operators in the safe operation of Powered Industrial Trucks". GE~"ERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5 (a) (1) of the act, which stares: Each employer shall furnish to each of {their} employees employment and a place of emplo.vment which is free from recognized lza::.ards thar are causing or are likely to calise dearh or serious physical harm to {their} employees. " LOGGING OPERATIONS 1910.266 (i)(I) TIle employer shall provide training for each employee. including supervisors, ar no cost to the employee. . . . . .., .) OPERATION OF lYIOBILE EARTH-lYI0VING EQUIPlVIENT. Training programs shall be developed and instructed b.v competent individuals H'hO have knowledge, training, experience, and the demonstrated ability to identify existing and predictable hazards related to the subject matter, EXCAVATIONS/TRENCHING 1926.651 (k)(l) Daily inspections of excavations, the adjacent areas, and protective systems shalf be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. PERSONAL PROTECTIVE EQUIPl\'IENT 1926.95 a) "Application, " Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanita0' and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any pan of the body through absorption, inhalation or physical contact. OVERHEAD CRAl'.1J:S 1910.179U)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j) (1) (if) (b) of this section, depending upon its activity.......... ... ........ 4 In the interest of Quality Safety Management, it is recommended that written procedures . documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpan E - Means of Egress Subpart F - Powered Platfonns. \lan-lifts. and Vehicle-Mounted Work Platforms Subpar: G - Occupational Health and Environmental Control Subpar: H - Hazardous Materials Subpar: I - Personal Protective Equipment Subpart J - General Environmental Controls Subpar: K - Medical and First Aid Subpart L - Fire Protection Subpart \! - Compressed Gas and Compressed Air Equipment Subpart ~ - Materials Handling and Storage Subpar: 0 - Machinery and Machine Guar.ding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment, Subpart Q - Welding. Cutting, and Brazing, Subpar: S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpar. J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart \! - Fall Protection Subpart ~ - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart \V - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) . . . . . 5 All training on the programs written by SafeAssure Consultants. Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Stillwater to obtain as required to comply with OSHA standards. Our training year will begin on the signing of this proposal. Classroom trammg will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAss.ure Consultants for The City of . 'Stillwater are for the sole and express use by The City of Stilhvater and its employees and not to be shared, copied, or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is aI'ways the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a contract year, will be made at no additional cost to The City of Stillwater SafeAssure consultants does not take responsibility for financial loss due to OSHA fines or any other factors within The City of Stillwater 6 ADDENDUM . Si\FETY PROGRAM RECOMMENDATIONS City of Still"vater ""ritten Programs & Training A.W.A.I.R. (A \Vorkplace Accident and Injury Reduction Act) · maintain site specific program · documented training of all personnel o accident investigation · simulated OSHA inspection · safetv committee advisor .; Employee Right to Know/Hazard Communication · maintain site specific program · documented training of all personnel (general and specific training) .' various labeling requirements · maintain hazardous substance list · assist in maintaining easy to read and manage MSDS manual . Lock Out/Tag Out (Control of Hazardous Energy) · maintain site specific prograrri"", · documented training of all personnel Emergency Action Plan · maintain site specific program · documented training of all personnel Respiratory Protection · maintain site specific program · documented training of all personnel · required fit tests . 7 . Bloodborne Pathogens · maintain site specific program · documented training of all personnel Cranes-Chains-Slings · maintain site specific program · documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) · maintain site specific program · documented training of all personnel 0.. . · decibel testing and documentation Personal Protective Equipment · maintain site specific program · documented training of all personnel . Confined Space · maintain site specific program · documented training of all personal Trenching & Excavation (competent person training in second year) · maintain site specific program · documented training of all personnel Earth lVloving Equipment/Motor Vehicles · maintain site specific program · documented training of all personnel General Safety Requirements · maintain site specific program · documented training of all personnel . s lVIiscellaneous · Workplace Hazard Assessment · training manual maintenance · safety manual maintenance · documented decibel tesing · documented air quality readings · documented foot-candle readings ~ · OSHA recordkeeping · General Duty Clause · assistance during an actual OSHA inspection · general safety recommendations · "SafeS ide" newsletter publication · "ALERT" data base · unlimited consulting services ~ . . . . . . 9 In consideration of this signed monetary agreement/contract, for the period of twelve months. SafeAssure Consultants, Inc. will act as a consultant to, and/or perform the function of "Safety Manager" for The City of Stillwater. SafeAssure Consultants, Inc. will provide unlimited consulting services, conduct classroom training sessions ("see Tentative Training Schedule") maintain current \\-Tinen programs to assure compliance of the various OSHA regulations and starutes which pertain to The City of Stillwater. A~I'\;rAL TOTAL IF PAID ON" SIG~ING $5895.00 The City of Stillwater Date The City of Stillwater Date SafeAssure Consultants Date SafeAssure Consultants Date (SEAL) The above cost analysis and proposal is valid through 30 days from " Saj'l!ty Hisl! \rl! Spl!ciali:.c" . . . .. . . . .. MEMORANDUM TO: Mayor and Council FR: City Administrator RE: Joint Powers agreement between City of Stillwater, City of Mahtomedi and Mahtomedi School District 832 DA: October 13,2000 Discussion: Attached is a Joint Powers Agreement between the City of Stillwater, the City of Mahtomedi and Mahtomedi ISD 832. The purpose of the agreement is to provide a method for ISD 832 to pay to the City of Mahtomedi its share of the initial contribution made toward the construction of the 2nd sheet of ice. The City of Stillwater would collect the funds ($17,500) annually from ISD 832 and then pay this amount to the City ofMahtomedi. The City of Stillwater would then collect the same funds through the sale of ice time to the City ofMahtomedi. You will recall that the City of Mahtomedi, through the original Arena Use Agreement, guaranteed that they would purchase a minimum of 825 hours annually from the City of Stillwater. The ISD 832 hours are included in the 825 hours. Therefore, the City of Stillwater will collect the $17,500 from the City of Mahtomedi upon the sale of the 825 hours. City Attorney Magnuson has reviewed the agreement and is recommending that the following language be added to Section 3.01 in order to clarify that the agreement does not relieve Mahtomedi from their obligation: "(d) The $17,500.00 payment described in this agreement will not reduce the obligation of Mahtomedi to purchase 825 hours of ice time annually as described in Section 5.01 of the Arena Use Agreement." Recommendation: Council adopt resolution approving Joint Powers agreement between City of Stillwater, City of Mahtomedi and ISD 832. ~~ 18/:'1/212 15:39 MAG~~SON Lq.j FIRM ~ 4308829 NO.023 ~02 .. MAGNusoN LAw FIRM: L1CE-1olSED IN' MINNESOTA AND WISCo.~ . TilE Dsscll Onlc:: BUIt.P:NG 3J) NCnli MAIN STU8T . SIJITI #202 . P.O. BOle 438 . STILLWAWl, M:'l ;S01i2 T4LUlfo.>f.,: (651) 439.~~4 . Tl!l.ECOPI!i.: (651) 439-5641 DA"lD T. MAG~USON H. AL>\N KANTItuo MEMOR~UM TO: Nile Kriesel David T. MagnUSorrr-~ Oc~ober 11, 2000 FROM: DATE: RE: Mahtcrnedi Ice Arena Agreement I have looked over the Agreement sent by John Hohenstein to deal with the School District 832 payments. As I recall, this payment was to be considered as part cftbe $700,000.00 comribution . by the City of Mabtomedi. If Mahtomedi paid the $700,000.00, they have ''!root eIlded" the schoo! distf.ct's obligation and are being paid by the school district pursuant to this Agreement. I think this proposed Joint Powers Agreement could be clarified by adding a section Cd) to the proposed Section 3.01. This would read as follows: "(d). The $17,500.00 payment described in this Agreement will not reduce the obligario:l of Mabtomedi to purchase 825 hours of ice time a.IlIlCally as described in Section 5.01 of the Arena Use Agreement." ....---, If I a:n not correct on my assumptions. please let me know. . . . e . JOINT POWERS AGREEMENT FOR ICE ARENA TIllS JOINT POWERS AGREEl\1ENT, ("Agreement") is made and entered into as of the day of , 2000, by and between the City of NIahtomedi, the City of Stillwater, and Independent School District 832, (each sometimes hereinafter called "party" and both sometimes collectively called "parties"). WITNESSETH: WHEREAS, Stillwater owns the S1. Croix Recreational Center, 1675 Market Drive, Stillwater, which contains an indoor ice arena and a domed field house; and WHEREAS, Stillwater has constructed an additional indoor ice arena ("the Improvement"); and WHEREAS, the additional sheet of ice will help meet the needs of the parties to secure home ice and improve practice schedules for high school hockey teams and youth hockey associations; and WHEREAS, the parties hereto desire to share the costs of the Improvement as herein provided; and WHEREAS, in exchange for its contributions to the Improvement, Mahtomedi will receive a certain number of hours of ice time per year for the next 20 years, as set forth in the Arena Use Agreement, dated November 2, 1999, attached hereto and incorporated herein as Exhibit A ("Arena Use Agreement"); and WHEREAS, in exchange for its contributions, which will be applied toward the operation costs of the facility, the School District will receive the benefits set forth in the letter agreement between the City of Mahtomedi and the School District dated October 13, 1999, attached hereto and incorporated herein as Exhibit B; and WHEREAS, the authority of the parties to enter into this Agreement is provided by NIinnesota Statutes section 471.59; NO''', THEREFORE, in consideration of the mutual promises and covenants of each to the other conrained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ". ARTICLE I THE AGREE:MENT . Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of Mahtomedi, Stillwater and the School District with respect to contributing to the cost of the Improvement. Section 1.02. Cooperation. The parties shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. Section 1.03. Term. The term of this Agreement shall be for a period commencing on the date hereof and terminating at the conclusion of the time frame set forth in Schedule 8.02 (b) of the Arena Use Agreement. ARTICLE II DEFINITIONS Section 2.01. DefInitions. In this Agreement the following terms shall have the following meanings unless the context requires otherwise: (a) Agreement: this Agreement, as it may be amended, supplemented, or restated from time to time. . (b) Mahtomedi representative: City Administrator, or his designee. (c) The Improvement: the Improvement of the St. Croix Recreation Center, which involves the constrUction of an additional indoor ice arena. (d) School District representative: the Superintendent of School District #832, or his designee. (e) Stillwater representative: the Stillwater Coordinator, or his designee. ARTICLE ill ALLOCATION OF COSTS Section 3.01. hereto as follows: Allocation. The costs shall be allocated between the parties . -2- . (a) Mahtomedi has paid the sum of Seven Hundred Thousand dollars ($700,000) to Stillwater, as set forth in the Arena Use Agreement. (b) The School District agrees to rent two hundred fifty (250) hours of ice time per year at regular rental rates and pay Seventeen Thousand Five Hundred dollars ($17,500) annually to Stillwater for, the next ten (10) years, which will be applied toward the operation costs of the Improvement, as set forth in Exhibit B. The payments shall be made beginning on November 1, 2000 and shall be due on each November 1 thereafter, terminating on November 1,2009. (c) Stillwater shall pay the sum of Seventeen Thousand Five Hundred dollars ($17,500) annually to Mahtomedi for the next ten (10) years. The payments shall be made beginning on November 10, 2000 and shall be due on each November 1 thereafter, terminating on November 10, 2009. ARTICLE IV GENERAL PROVISIONS Section 4.01. Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to the parties, . certified mail, return-receipt requested, as the following address: Mahtomedi: City Administrator City of Mahtomedi 600 Stillwater Road Mahtomedi, MN 55115 Stillwater: City Coordinator City of Stillwater 216 North 4th Street Stillwater, MN 55082 School District: Superintendent of School District #832 1520 Mahtomedi Avenue Mahtomedi, MN 55115 Each party may change its address or authorized representative by written notice delivered to the other parties pursuant to this Section 4.01. . '" -.)- Section 4.02. Counterparts. This Agreement may be executed in more . than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. Section 4.03. Survival of Representations and Warranties. The representations, warranties, covenants, and agreements of the parties under tilis Agreement, and the remedies of each party for the breach of such representations, warranties, covenants, and agreements by the other parties shall survive the execution and termination of this Agreement. Section 4.04. Non-Assignabilitv. None of the parties shall assign any interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other parties. Such consent shall not be unreasonably withheld. Section 4.05. Alteration. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all parties. Section 4.06. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on anyone occasion by any party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach . or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. Section 4.07. Severabilitv. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 4.08. Interpretation According to Minnesota Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Section 4.09. Entire Agreement. This Agreement shall constitute tile entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 4.10. Headings. The headings to the various sections of [his Agreement are inserted only for convenience of reference and are not intended, nor shall . -4- . they be construed, to modify, define, limit, or expand the intent of the parties as expressed in this Agreement. Section 4.11. Further Actions. The parties agree to execute such further documents and take such further actions as may reasonably be required or expedient to carry out the provisions and intentions of this Agreement, or any agreement or document relating hereto or entered into in connection herewith. Section 4.12. Parties in Interest. This Agreement shall be binding upon and insure solely to the benefit of the parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF MAHTOl\1EDI Attest: . By: By: Mary Shea Kodluboy, Deputy Clerk Yale Norwick, Mayor Dated: Dated: CITY OF STILLWATER Attest: By: By: Modi Weldon, City Clerk Jay Kimble, Mayor Dated: Dated: . -5- Attest: By: Dated: 7 1000. 11002/ Jocs./ 10/04/00 SCHOOL DISTRICT By: Dated: -6- Dennis Rettke, Superintendent . . . . . . 10/13/00 10:40 MAGNUSON LAW FIRM ~ 4308809 NO.025 [102 RESOLUTION NO. A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER PURSUANT TO THE JOINT RESOLUTION OF TOE CITY AAn TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996. WHEREASt the City of Stillwater as owner of the property described in Exhibit HA" has petitioned the annexation of land now devoted to park use and also for the annex:ation of that part of the right-of. way ofBou,twell Road that lies within the orderly annexation area, pursuant to tbe provisions oftbe 10int Resolutions as to Orderly Annexation. of the City and Town ofStiltwatert dated August 16~ 1996; and WHEREAS, the land is included within the area designated for orderly annexation; and WHEREAS, the Land is contiguous to the City. The Land is unimproved. The Land is proposed for further development for parks, open space and right-of-way. Municipal sctvices such as water, sanitary sewer and. storm sewer are available to the Land; and WHEREAS, Section 4.01 of the Orderly Anneution Agreement provid.ed that the Land is "Phase rv~) land and may be annexed to the City pursuant to Section 4.09 provided that the annexation will not create a level of growtb that will not exceed a one hundred twenty (120) dwelling unit per year limitation; and WHERBASt that as of the date of this Resolution, 75 building permits for dweUing units have been issued for the Orderly Annexati011 Area and the number of allowed dwelling units (to the el{tent not built) aggregates each year. That as of December 31, 1999, there was capacity for foW' hundred eighty (480) dwelling units (one hundred twenty (120) for eacb of 1996, 1997, 1998 and 1999) in tbe Orderly Annexation Area, and tbat as of the date of this Resolution, there is capacity for four hundred thirty (430) dwelling units in the Orderly Annexation Area without exceeding the growth limitations in the Orderly Annexation Agreement; and WHEREAS, it further appears to the City Council, that the annexation does not conflict, in any way~ with tbe Joint Resolution Agreement of the City and Town of Stillwater, relating to orderly annexation dated August 16. 1996. NOW, THEREFORE, BE IT RESOL VED~ by the City Council of the City of Stillwater as follows: 1. That this Resolution be submitted, forthwith~ by the City Clerk to tbe Executive Director of the Minnesota Municipal Board for the purpose of annexing the land described in Exhibit "An to the City all as provided by S\.lbdivision 1 of Section 414.032.5 of the Minnesota Statutes relating to orderly annexations within a designated area. 1 . . . . . . 10/13/00 10:40 MAGNUSON LAW FIRM ~ 4308809 NO.026 003 2. F or the pwpose of this annexation proceeding, the City Council hereby determines that the land described in Exmbit "A" is now or about to become urban and the City is capable of providing the services required by the area within a reasonable time. It is further determined that the annexation of tbe City would be ill the best interests of the Land. 3. After the annexation, the real estate taxes, if any, with respect to the Land will be divided as provided by Section 7.03 of the Joint Resolution; however, since the land is devoted to park, open space and rigbt.of.way, it is not expected to generate real estate taxes. BE IF FURTHER RESOLVED, that a map with the land proposed for annexation designated thereon in writing, will be marked as Exhibit liS" to this Resolution and submitted to the Minnesota Municipal Board along with a certified copy of this Resolution. BE IF FURTHER RESOLVED, that the Clerk submit copies of this Resolution with copies of the map to the Town Board of the Town of Stillwater and the Joint Powers Committee. Adopted by the City Council of the City of Stillwater this 17th day of October, 2000. CITY OF STILLWATER Jay 1. Kimble, Mayor ATTEST: Diane F. Ward, Clerk 2 . . . . . . 10/13/00 10:40 MAGNUSON LRW FIRM ~ 4308809 NO.025 004 EXlDBIT "A" Parcell Frisbee Park Parcel 2 Boutwell Road . . . ./" " . MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Director Reidt Subdivision. Case No. SUB/00-52 October 12, 2000 v This application was heard by the Planning Commission (8/14/00) and the Joint Board (9/27/00). The Commission and Joint Board both recommended approval ofthe request as conditioned in the staffreport (attached). ~ Recommendation: Decision on subdivision application. Attachments: Application, staffreport and Planning Commission 8/14/00 minutes and Joint Board 9/27/00 minutes. . . A-L ,. It PLANNING APPLICATION REVIEW FORM CASE NO. SUB/OO-52 . Planning Commission Date: August 14, 2000 Project Location: 7155 Melville Court Comprehensive Plan District: Agricultural Preservation Zoning District: AP Applicants Name: Rick and Karen Reidt Type of Application: Subdivision Project Description: Subdivide a 2.5 acre lot into two lots of approximately .9 and 1.6 acres. Discussion: The request is to subdivide an existing 2.5 acre lot (net) into two lots of approximately .9 and 1.6 acres each. The current zoning is Agricultural Preservation, AP, requiring 10 acre lots. This is a "holding" zoning for annexed land until rezoning. This request requires approval of lot rezoning Case No. ZAM/00-01 and Joint Board . review. Recommendation: Approval Conditions of Approval 1. All drainage and utility easements shall be shown on the tinallot survey as required by the City Engineer. 2. A park dedication fee shall be paid. 3. The subdivision shall require Joint Board Approval. 4. The property owner must be rezoned for this approval to be effective. Findings: The subdivision meets the development regulations of the zoning and subdivision ordinances. Ct'L-- k---IY-V{) - +-7-iJ . Received Aug-e1-ee e1:49pm /' 08/81/2080 12: 51 43r~~1.0 :' . . . from 43e881e ~ T CITY OF STILlI'''TER page 2 PAGE 02 Case No: Date Flied: Fee Paid: Receipt No. : PLANNING ADMINISTRATION ,FORM ACTION REQUESTED: . . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STilLWATER 216 NORTH FOURTH STREET STILLWATERJ MN 55082 . _ Certificate of Compllance _ ...-.Condltlonal or Special Use Permit _.- Design Review _ Planned Unit Develop~ent. Variance = Comprehensive Plsn Amendment. _ Zoning Amendment* s::tf _ Z Subdlv1s1on* .' r- ~ _ Resubdlvlslon. . . Total Fee F E. -An escrow fee Is .lso requIred to cover the costs of attorney and engln..rlng fees (5.. It ached) The applicant Is responsible for the completeness and accuracy of all forms and supp rtlng material submitted In connection wIth any application. PROPERTY IDENTIFICATION Address of Project / / ~ ~ /-# /4- C! /- Assessor's Parcel No. Zoning District Description of Project ir/ hereby stata the foregoing statements end ell dat8, Information and evIdence submitted h Gwith In e1/ respects, to the best of my knowledge and belief, true and correct. I further certify I will c mply with the permit if It Is granted and used. " Property Owner ;i2 U ~ 01 /L4/"&'l. ;2~,,# Representative Mailing Address 7r S-S-~~; -'l'< e,L. Milling Address Telephone ~ /- '2 -:2 2- <-r '-. Telephone No. Signature I ~ ~_ Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) _ x Land Area . HeIght of BUIldings: Stories Princlpal Acoessory Total building floor Area sq. ft. existing sq. ft. Proposed sq. ft. Paved Impervious Area 1 . sq. Number of off street parking spaces provl d _ Feet .. . R.evised 5/22/97 ---. ._'S~. ..... - -.--: ~ 'J ... - ., J2 :..., -t .J (, I . 1 I I; (]):! , :- i i ' 0, & \J1 ',-I / " ~3, . ;t~ ~ (,,~ S-~~ ,--J 0) ~ "0(~ ~.I~'l>. ~ ~ \, r~ '- ',~ _Iv Q:) 1:> " .......... I.J... ('.... -f:'y.... .- " ~ . .g-.....,-~ ., -..... r ....,. \, , l ':\.-:_,. .'. ...._ 4. ...... '----- -n /~ " \ '" I \ '- .. ,O:~ y.. -~''''''''' "-', / I "-/ ,,/ .c..~ <:::- N"\r:Z:~ V" '" C- ..j) 0 ..r- -. --;- . f' ., "'1....... Iol . .... ~~~ ~v,. ~ A- <." '~ ',: , \, ....... ~~ ..... 0 ~'- ~ ~/ . rj) ~ ~ ~ . :.t- o ~ ~ ,. ~ . ::::: " .... - :. -: :~ " ," ffi il i ~ 2 ooc -.. PLAYGROU~EASEt.'ENT PER OOC 894842 OJTLOTG -e--- . ;, . ~ , .j.., \ \ ~\ .. i I I" i ~ ~' ",'''' .... I ,,' / '~~~I! '1 ..... ! & ~' ~"" ~ l ~ ~KE \ .*'ml ~" MflHO'Sl CfV WATERS p 'lo "'-" 7EC7EDWA AREA82-21 I ~ . r....:... , .. ~~ ~#..." "'. ~ ~q~ ~."~. I i II # ! ~ ~ -. Ii - ::~O~~ I' -ibb.l'>.. <t~ 'I -'ro~ a ..... ~ ........ .... ... 1'j,~Q ,.' STIlE;~ ""'0 -\fo-\,/),. I I LONG LAKE =CYtIRaVOFWATERS WATERS AIEA 12-21 P .J... ! I -~..: ~, J.. ~~ ~=~ \ T2SN T27N R22W R21W R2f1N \/lenity Map o 255 Scale in Feet 1hI=:"':r=::"~ ~~-=;::== =-"t~.:=... Scul:e:w.......CaJ1tIi~CIIIc& f!hrln.(66f)43O-6B1S PIroII~~~WonnIlIan ~""15.3m 1121/03/00 10:44 MAGNUSON LAW FIRM ~ 4308810 NO.9?? [}03 \, provide additional haok-up charges that would allow the City to retire indebtedness associated . with the extension of utilities. A motion was made by Zoller) seconded by Laboda. to recommend a.pproval of the rezoning. Tbe motion passed unanimously. 3. Second Public Hearing SUB/OD-52. The hearing was called to order by Chairman Johnson) and evidence was presented by City Staff and the affected property owner. The owner desired subdivision of the existing lot to 2 lots, subject to the property being rezoned. The property owner also was cognicent of me underlying restrictive covenants on the property and realized that tbe restrictive covenants were a private burden and obstacle that the property owner must face before the property could be subdivided. A motion was made by Laboda, seconded by Zoller) to reconunend approval of the subdivision. The motion passed unanimously. 4. Third Public Hearing ZA T/00.5. A public hearing was called to order by the Chainnan, and testimony was presented by Mark Putman representing Contractors Property Development Company. Mr. Putman presented evidence that the Comprehensive Plan and prior . planning of the area envisioned that COmer lots could be used as 2.family parcels and that the lots had attually been platted at a larger size as was required in the district. Putman presented renderings of proposed single-family dwellings for these lots and requested that the zoning district be amended to allow single-family dwellin~ on corner lots. A motion was made by Zoller, seconded by Laboda. to approve the requested zoning ordinance amendment. Mayor Kimble. having joined the Board from a prior engagement. listened to the testimony and took part in the vote. The motionwas passed by unanimous vote, 4 to O. 5. Boutwell Public Works Study. Representatives of SA LA appeared and presented plans for the Public Works site 011 Boutwell Road. Chairman Johnson expressed the Town's interest in more active park opportunities on the site, including active ballfields that could be . . . . City of Stillwater Planning Commission August 14,2000 Case No. SUB/00-52 A subdivision of one 2.5 acre lot into two lots of about .9 and 1.6 acres at 7155 Melville Court in the LR, Lakeshore Residential District. Rick and Karen Reidt, applicants, Mr. Reidt was present. He explained that he wanted to rezone his lot in order to subdivide, and it is Mr. Russell's position that the whole area should be rezoned. Mr. Russell explained that the city's Comprehensive Plan does designate that area as large lot, single-family. Rather that rezone piecemeal, Mr. Russell said, the city generally looks at a whole area. Regarding some property owners' concern about a possible impact on taxes, Mr. Russell said he checked with the County Assessor's office and was told that rezoning will not increase taxes - taxes are not affected until a property is developed/subdivided. Mr. Ranum asked where covenants for the area in question come into play. Mr. Russell said the covenants have no bearing on the rezoning. Don McKenzie, 12620 72nd St. N., stated his property borders one of the properties in question, and he was not notified of this meeting. He stated he wished his property to remain AP and asked if his property would be affected by the rezoning. Mr. Russell said the McKenzie property would not be affected. Mr. Fontaine referred to a letter in the packet from George and Nancy Hof, property owners in the area who are opposed to the rezoning. Mr. Fontaine asked if Commission members were comfortable rezoning the entire area, including those owners who do not want their property to be rezoned. It was noted the rezoning will be heard by the City Council and the Joint City Town Board, so there will be plenty oftime for comment. Mr. Rheinberger, seconded by Mr. Zoller, moved approval of the rezoning; motion passed unanimously. Mr. Rheinberger, seconded by Mr. Zoller, moved approval of the subdivision request as conditioned; motion passed unanimously. Case No. V/00-54 A variance to the side yard setback (10 feet required, 2 inches proposed) for construction of window wells at 838 W. Willard St. in the RB, Duplex Residential District. Duane Arndt, applicant. Mr. Arndt was present. He explained the building was a duplex until March of this year when he began renovation of the structure. He said he was advised by the building inspector that if the window wells were not over the property line, there would be no problem. He noted he had raised the building and the openings for the window wells are already in place. He provided photographs of a string attached to markers indicating the property line. He stated that he has a survey of the property he was provided when he purchased the property and stated he did not think the condition for a new survey would provide any additional information. 2 . . . It .} " . MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Director Zoning Map Amendment Melville Court. Case No. ZAM/OO-Ol October 12,2000 v The request is to rezone a 25 gross acre area of land, 12 acres developable, located on Melville Court and 72nd Street North to Lakeshore Residential District, LR, from Agricultural Preservation, AP. The area was annexed to the City in October, 1996. The Lakeshore Residential designation is consistent with the Comprehensive Plan large lot residential designation. The map amendment request was reviewed and recommended for approval by the Joint Board and Planning Commission (staff report and minutes attached). Recommendation: Decision on zoning map amendment request. Attachments: Staff report and minutes from Planning Commission 8/14/00 meeting and Joint Board 9/27/00 meeting. . . . " MEMO 4-( . To: From: Subject: Planning Commission Steve Russell, COnlmunity Development Director Rezoning of + 12 Acres of Land Lakeshore Residential, LR, from Agricultural Preservation, AP. Rick and Karen Reidt and City of Stillwater, applicants. Case No. ZAM/OO-Ol August 10, 2000 Date: The City received a request from the Reidt's to rezone and subdivide their 2.5 acre parcel into two lots (see SUB/OO-52). A planning review ofthe Melville Court area indicates there are four additional lots of similar size and zoning as the Reidt parcel. The Comprehensive Plan Land Use Map shows a large lot single family (LLSF) designation. Other lots along Long Lake are zoned Lakeshore Residential with a minimum 20,000 lot area. This is the first application for rezoning in this area and it is staffs recommendation to consider the whole + 12 acre area rezoning a this point (see attached map). In order to develop at that density, follow up subdivision would be required. This may happen over time as individual property owners decide to subdivide. We have received a letter.from a neighboring property owner indicating their concern for the . rezoning and describing protective covenants and easements that apply to the area. These are private agreements and do not directly effect City land use regulations. There is also concern for increased taxes based on the rezoning. The County Assessor indicates taxes would not increase because ofthe rezoning alone. Subdivision would result in higher taxes. A rezoning requires Joint Board approval. Recommendation: Approval Attachments: Map ~j?~ --- [-(Y-OJ '- . '-Ylu r Case No: ~7lollJgJ Date Filed: -;17 Fee Paid: ~.,1tl..rrLL Receipt No.: ./ . . PLANNING ADMINISTRATION FORM ACTION REQUESTED Fees COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 . _Special/Conditional Use Permit -$50/200 _Variance $70/200 ---.:Resubdivision $100 Subdivision* $100+50/lot _Comprehensive Plan Amendment* $500 _Zoning Amendment* $300 _Planning Unit Development * $500 _Certiticate of Compliance $70 _Design Review,' $25 *An escrow fee is also required to the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater A site plan is required with applications. . Zoning District PROPERTY IDENTIFICATION me. \ U I \~. C, -\- 10. Assessor's Parcel No. 3() OM tAO 43()O II c- ~.- 1.- \ \, (gEOCode) Description of Project -=:::> ~___ \ "- J Address of Project ,I ~S "I hereby state the foregoing statements and all data, information and evidence submiffed herewith in all respects, to file best of my knowledge and belief, true and correct. I further certify I will comply with file permit if it ~ra~ted and used. " Property owner~\<:.-\<. ..l-~re.V'\ ~,~ Representative Mailing Address ,I S5' M c... \ u' \ t:, <2..-\ tJ Mailing Address City - State - Zip.s +. \ \ w_~ r '(V\ N SS-082.. City _ State - Zip T~lePhone NO~~ T~lephone No. Signature Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) _ x_ Land Area .Height of Buildings: Stories . Feet . Principal Accessory Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces H;\MCNAMARA\SHEILA\PLANAPP .FRM June 22, 2000 ... To: The Stillwater Planning Commission RE: Zoning Map Amendment . From: Rick and Karen Reidt Dear Planning Commission Members, This letter is to update you on our plans to subdivide our property. As you know, in March we proposed to subdivide our lot by creating two additional lots. With respect to the concerns of our neighbors, we have modified our plans to subdivide our property into two lots rather than the three lots as we had originally proposed. We believe that our current proposal will not have a direct impact on the remaining lots. The new lot will not have a common border with the Irvine property (Lot 1). We plan to restrict the building site on the new lot to the location in the vicinity of the old garage currently on the property. This building site will not be visible from the Irvine (Lot I) or the Hof (Lot 4) homes. The building site is also located as to have a minimal visual impact to the Koester property (Lot 5) given the location and the row of evergreen trees. A row of cedar trees planted on the Northwest border will provide privacy for the Svendsen property (Lot 2) Enclosed is a map that depicts the new lot location. We are requesting that the lot where our home is located remain zoned as Agricultural Preservation, AP and the new lot be . zoned Lakeshore Residential, LR. ?\)!' \,;\) ~ ~~~ . 12550' ----------SOMM FIELDS GREEN ~ t ~ ~ o ) d;> -" 1 ~, ?$-'~ '-~ '-. >, -, " -~ -~ -'- '-,- ", -, II Vidnity IVap . \ .~\~~--. -T o 255 Scale in Feet 'tN.cfraWvls """0I.~ 1nd~~~'7ac... =~b!'~~ NIpC1NIbIeb.,~ Sal.Ke:WastirvtDn~""""Clfb. "-tSSI)C>>C$ FWCIIf"''--IOIA&OI~ __,-*~n3XlQ ........... ,u,U.2lCO Re: Stillwater Planning Commission. City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Nancy and George Hof jn()J Proposed Rezoning Amendment August 5, 2000 To: '" From: We are writing in response to Stillwater Planning Commission's notice of a proposed rezoning of the 12 acre Jackson Estates subdivision, and the proposed rezoning of Lot 3, 7155 Melville Court North, a 2.5 acre lot within the subdivision. Lot 3 is owned by Rick and Karen Reidt. Both requests are to change the status of Jackson Estates lots from 'Agricultural Preservation' to 'Lakeshore Residential' designation. The meeting notice, received August 3, 2000, regarding the inclusion of the 12 acre Jackson Estates in the most recent proposal for rezoning is of particular concern because it includes parcels not requesting action. The inclusion of our property in a rezoning request with eleven days notice of a meeting and no information on the implications of rezoning does not appear entirely reasonable. If, however, as a Commission you are determined to rezone, it is our request parcels not part of the request be excluded. On March 13, 2000 we appeared before the Planning Commission asking the Reidt's initial . request to rezone their 2.5 acre lot be denied. On March 13 we expressed concerns regarding the commission's intrusion into the arena of deed restrictions and protective covenants forbidding further subdivision of lots within Jackson Estates. We also voiced a concern regarding precedent setting actions by the Planning Commission in rezoning protected residential property within the city. Other concerns included the environmental impact on Long Lake, the prospect of further requests for rezoning, and the importance of protecting a historic Stillwater property. These concerns continue to be valid. Therefore we continue to oppose the request for rezoning. Enclosed for your review is a copy of page one of the covenants governing Jackson Estates and a copy of our response to the Reidt's most recent, July 17, 2000, request to subdivide their lot. Because of prior commitments we are unable to attend the Planning Commission meeting scheduled for August 14. It is therefore our request this letter be entered into the record. Thank you for considering the issues raised in this letter. cc: Sue Fitzgerald Steve Russell . /. e. . ~\ . . C\~yM'b 657576 DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS George M_ Hof and Nancy K. Hof; ~usband and wife~ ~eing ~he fee owners of the premises described as: Lots One (~) through Five (5), inclusive, 8loc~ One, Estates, according to the .ecorded plat thereof~ Jac!"(sc~ do hereby declare and impose the following protective covenants. restrictions and easements upon sa~a premises. wn~cn are 7C: the benefit of and appurtenant to said premises and each and every lot described. ARTICLE ~ . LAND USE AND BUILDING TYPE No lot shall be used except for residential purposas. No new building shall be erected, altered, placed or permitted to remain on any lot other tha~ one single family dwelling, not to e~ceed two and one-half stories in height; one accessory buildi~g, not to exceed 1000 square feet in area; and or.e woodshed and one gazebo. The accessory building shall be constructed of the same exterior materials and style of the ma~n structure. The exterior b~il~ins materials and colors of the main structure anc ~he accsssory building shall be ccmpatible or identical. ,No earth homes, log homes, dome homes, foam ~omes, pole barn or other unccmmontype structures or houses will be allowed. Only white or earth-tone colors will be allcwed en exterior surfaces. The gazebo must be constructed as an integral part of the landscaping and shall blend with the environment. ARTICLE 2 ARCHITECTURAL CONTROL No building, fence or wall shall be erected, placed or altered on, any lot until the plans and specificaticns and a plan showi~g ~he location of the struct~.e. 7ence or wall, have been approved by the Architectu.a~ Cont~Jl Committee as to quality of workmanship and rnatar~als. harmo~y of external design. type of external building materials and colors wit~ existing st~uctures. a~d as ~o locaticn wit~ raspect to ~opography and finish grade, elevation. Approval shal~ be a3 ~rovided i~ para~raph 8 of A;~icle 14 hereof_ To: ' From: Re: Karen and Rick Reidt Nancy and George Hot Request to Subdivide 71 55 Melville Court ~ . July 20, 2000 . . Because neither of us is able to attend the meeting at your house on August 8, 2000, we want to let you know our intentions regarding th'e proposed subdivision of your property. We will continue to support the original covenants on the properties within Jackson Estates. Issues considered which lead to our decision include the following:: ' . If a subdivision of 71 55 Melville Court takes place there is no guarantee further requests for subdivision will not be forthcoming from new or other owners. This is a precedent setting action we do not support. Once started, such actions would be difficult to stop. Covenants were put in place to protect properties from the type of high density development currently underway in Uberty, and at the corner of 72nd Street and Melville Court. . Further subdivision of 71 S5 Melville Court will inevitably lead to continued requests and pressures to develop the Svendson property. These requests have included a recent phone call from Homer Tomkins offering us $27,000 in exchange for removal of the clause in the Svendson deed restricting subdivision. . . Rnally, we are committed to preserving the integrity of the historic Jackson property. We beJieve we have an obligation to all current and future owners - as well as to our own investment. We appreciate your efforts to make your most recent subdivision proposal easier for us to accept, and hope you can understand, it not agree with,our decision. We will not be supporting your request to amend the Covenants for Jackson Estates. copies: Deb Irvine Kathy & Scott Koester Randy Svendson . . . . City of Stillwater Planning Commission August 14, 2000 Present: Jerry Fontaine, chairperson Glenna Bealka, Russ Hultman, Karl Ranum, John Rheinberger, Darwin Wald, and Terry Zoller Others: Steve Russell, Community Development Director Absent: Robert Gag and Dave Middleton Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mrs. Bealka, moved approval of the minutes of July 10, 2000; motion passed unanimously. Case No. V/00-51 A variance to modify a previously approved plan to convert a 3-season porch to a 4-season porch at 216 W. Wilkins St. in the RB, Two Family Residential District. Marcia Kilbourne, applicant. Ms. Kilbourne was present. She said she plans to convert the 3-season porch to a 4-season porch ifis possible to extend heating to the addition. She acknowledged neighbors' concerns about on- street parking, and said she plans to construct a garage with parking in the rear. John Shimoto, 1015 N. Fifth St., reiterated neighbors concerns about existing parking conditions, and stated he is against allowing additional living space due to the potential for more people and more cars. He said the situation is a big concern with the neighborhood, and single-family property owners are concerned about property values. Mr. Fontaine noted that Ms. Kilbourne was not requesting another living unit. He asked Mr. Russell about any city ordinance regarding the number of cars that can be parked on the street; Mr. Russell responded that the only ordinance is the city's 24-hour parking ordinance. Mr. Zoller asked why a variance is required; Mr. Russell explained that the request represents an expansion of a non-conforming use - the duplex is located on a non-conforming lot. Mr. Russell noted that providing a garage is not a requirement and not part of this application. The addition does meet setback requirements. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval of the requested variance. Motion passed 5-2, with Mr. Zoller and Mr. Ranum voting no. Case No. ZAM/OO-l A Zoning Map Amendment rezoning about 12 acres bounded by Melville Court and 72nd Street North to Lakeshore Residential (LR) from Agricultural Preserve (AP). Rick and Karen Reidt/City of Stillwater, applicants. 1 City of Stillwater Planning Commission August 14,2000 . Case No. SUB/OO-52 A subdivision of one 2.5 acre lot into two lots of about .9 and 1.6 acres at 7155 Melville Court in the LR, Lakeshore Residential District. Rick and Karen Reidt, applicants. Mr. Reidt was present. He explained that he wanted to rezone his lot in order to subdivide, and it is Mr. Russell's position that the whole area should be rezoned. Mr. Russell explained that the city's Comprehensive Plan does designate that area as large lot, single-family. Rather that rezone piecemeal, Mr. Russell said, the city generally looks at a whole area. Regarding some property owners' concern about a possible impact on taxes, Mr. Russell said he checked with the County Assessor's office and was told that rezoning will not increase taxes - taxes are not affected until a property is developed/subdivided. Mr. Ranum asked where covenants for the area in question come into play. Mr. Russell said the covenants have no bearing on the rezoning. Don McKenzie, 12620 72nd St. N., stated his property borders one of the properties in question, and he was not notified of this meeting. He stated he wished his property to remain AP and asked if his property would be affected by the rezoning. Mr. Russell said the McKenzie property would not be affected. Mr. Fontaine referred to a letter in the packet from George and Nancy Hof, property owners in the area who are opposed to the rezoning. Mr. Fontaine asked if Commission members were comfortable rezoning the entire area, including those owners who do not want their property to be rezoned. It was noted the rezoning will be heard by the City Council and the Joint City Town Board, so there will be plenty of time for comment. . Mr. Rheinberger, seconded by Mr. Zoller, moved approval of the rezoning; motion passed unanimously. Mr. Rheinberger, seconded by Mr. Zoller, moved approval of the subdivision request as conditioned; motion passed unanimously. Case No. V/OO-54 A variance to the side yard setback (10 feet required, 2 inches proposed) for construction of window wells at 838 W. Willard St. in the RB, Duplex Residential District. Duane Arndt, applicant. Mr. Arndt was present. He explained the building was a duplex until March of this year when he began renovation of the structure. He said he was advised by the building inspector that if the window wells were not over the property line, there would be no problem. He noted he had raised the building and the openings for the window wells are already in place. He provided photographs of a string attached to markers indicating the property line. He stated that he has a survey of the property he was provided when he purchased the property and stated he did not think the condition for a new survey would provide any additional information. . 2 . . . 1Iil/133/00 10:44 MAGNUSON LAW FIRM ~ 431388113 NO.9?? [;102 MINUTES OF THE JOINT BOAlID PURSUANT TO THE ORDERLY ANNEXATION AGREEME.~T BETWEEN THE CITY AND TOWN OF STILLWATER DATED AUGUST 16, 1996 The meeting of the Joint Board was caUed to order at 7:00 p,m. on Wednesday, September 27,2000 in the City Council Chainbers of City Hall in the City of Stillwater, Minnesota. Present were, representatives David Johnson and Ken Laboda from the Town of Stillwater and Terry Zoller from the City of Stillwater. 1. As the first order of business, the Minutes of the last prior meeting were presented and rea~. Zoller moved, seconded by Laboda, that the Minutes be approved, and the motion carried with unanimous vote. 2. The first public hearing ZAMlOO-O 1, a request from the City of Stillwater Planning Commission to rezone approximately 12 acres from Zoning District EAP to single family residential was considered. Infonnation was presented by the City Staff and one of the effected prop~rty OWners. Evidence was presented that the propeny was also restricted by restrictive covenants placed upon the property by a prior owner that were in conflict with the zoning ordinance amendment. Upon the advice of City Staff, the Board considered the matter of protective COVenants being a matter between private owners and that the rezoning of the property was consistent with good urban planning. The Board alsO thought it reasonable that this area was a former area of the Towl1 and that it was brought into the City by annexation in the fU'St , phase of the Orderly AImexation Agreement, and the area had not petitioned for annexation and was brought into the City against the wishes of the property owners. Now, however, the property owners decided to take advantage of the availability of municipal utilities and to urbanize within the best interests of the City as well as the propelty owners since it would 113/133/00 10:44 NO. 977 [}03 MAGNUSON LAW FIRM ~ 4308810 " provide additional hook-up charges that would allow the City to retire indebtedness associated . with the extension of utilities. A motioD was made by Zoller) seconded by La.boda. to recommend approval of the rezoning, Tbe motion passed unanimously. 3. Second Public Hearing SUB/OO-52. The hearbg was called to order by Chairman Johnson, and evidence was presented by City Staff and the affected property owner. The owner desired subdivision of the existing lot to 2 lots, subject to the property being rezoned. The property owner nlso was cognicent of the underlying restrictive covenants on the property and realized that tbe restrictive covenants were a private burden and obstacle that the property owner must face before the property could be subdivided. A motion was made by Laboda, seconded by Zoller, to reconunend approval of the subdivision. The motion passed 'llnanimously. 4. Third Public Hearing ZA T/OO-S. A public hearing was called to order by the Cbainnan, and testimony was presented by Mark Putman representing Contractors Property Development Company. Mr. Putman presented evidence that the Comprehensive Plan and prior . planning of the area envisioned that comer lots could be used as 2-family parcels and that the lots had actually been platted at a larger size as was required in the district. Putman presented renderings of proposed single-family dwellings for these lots aud requested that the zoning district be amended to allow single-family dwellings on comer lots. A motion was made by Zoller, seconded by Laboda, to approve the requested zoning ordinance amendment. Mayor Kimble. having joined the Board from a prior engagementJ listened to the testimony and took part in the vote. The motion was passed by unanimous vote, 4 to O. 5. Boutwell Publio Works Study. Representatives of SA LA appeared and presented plans for the Public Works site on Boutwell Road. Chairman Johnson expressed the Town's inte.r~st in more active park opportunities on the site, including active ballfields that could be . ." . . MEMO To: From: Subject: Mayor and City Council ,JI ../ Steve Russell, Community Development Director fl/ Zoning Text Amendment to Allow Attached Single Family Residences in CR, Cottage Residential District. Case No. ZAT/OO-05 October 12, 2000 Date: The City has received a request from Contractors Property Development (Liberty Development) to amend the Cottage Residential Zoning District to allow attached single family residences on comer lots in the CR Zone District. This amendment will further diversify the housing types allowed in the development. Strict design standards would apply to use of the provision. The amendment was reviewed and approved by the Planning Commission (8/14/00) and the Joint Board (9/27/00). Recommendation: Revise as requested. Attachments: Staff report and minutes from Planning Commission and Joint Board. . . 11-3 ----- . ~, . MEMO . To: Planning Commission From: Steve Russell, Community Development Director Subject: Zoning Amendment Allowing Two Family Residences in the Cottage Residential Zoning District. Case No. ZAT/OO-05 Date: August 10, 2000 An informal request was presented by Mark Putman at the Planning Commission meeting of July 10, 2000. The change would allow attached two family residential units on comer lots in the Cottage Residential District. The minim lot size for the two family structures would be 9,000 square feet and located on comer lots only. Separate garages would be required to face separate street faces. Recommendation: Approval Attachment: Draft ZA T 100-05. . [fl~ ~ - U{-f)o 7<--[) e " . . . .\ Ordinance No. 00- ZAT/OO-05 7. Rear yard House Garage 8. Frontage Requirement2 25 feet 3 feet 35 feet 5. Design Review. Design Review is required for accessory dwelling units or duplex developments subject to Traditional Development Design Standards. tseventy five percent of front facing garages must have the garage setback at least 6 feet from the front wall or porch line of house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. 2Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined." 4. A new District is added as follows: "Subdivision 1 Ld. CR Cottage Residential District. 1. Permitted Buildings and Uses. In the Cottage Residential District the following buildings and uses and their accessory buildings and uses are permitted. a. Dwelling houses each occupied by not more than one family and with a garage no larger than two (2) stalls. b. Parks, playgrounds, greens and other open space area. c. Two family residences on corner lots3 2. Permitted Uses with Special Use Permits. In a Cottage Residential District, the following buildings and uses are permitted by Special Use Permit: a. Home occupations subject to all provisions of the Zoning Ordinance regulating home occupation. 3. Accessory Uses. No more than two accessory buildings, one private garage and one accessory building 90 square feet maximum may be located in a residential premises. 4. Development Regulations. a. Area, setback and height regulations: " '. Provision 1. Maximum building height: Main building Garages 2. Average lot area (for PUD) 3. Minimum lot width 4. Minimum lot depth 5. Minimum front yard requirements Front yard House Front yard garage (front facing)l Front yard garage (side facing) 6. Side yard Interior House Garage Comer House !?, ~ Garage h' , 7. Re:?yarf~ Tq~ House Garage 8. Frontage Requirement2 9. Driveway width maximum Single Family . 2 stories and 28 feet 1 story and 20 feet ~ ~ 9,000 squarefeet~ 50 feet NA 15 feet 20 feet 15 feet 5 feet 5 feet 15 feet 15 feet 25 feet ..%feet ~ 30 feet 12 feet . 1 A minimum of 25 percent of lots must have garages completely recessed (more than 6 feet from front of building), a minimum of 25 percent of lots must have garages setback 2 feet or more and a maximum of 50 percent of garages may project a maximum of 6 feet out from the front wall of the residence. Of that 50 percent, 25 percent must have habitable space above the garage and 25 percent must have front porches extending in front of the residence. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. 2Where two or more adj acent lots do not meet street frontage requirements, the driveways must be combined." 3 All garages for two family structures shall be setback 6 feet beyond the front of the residence. One two stall garage maximum shall be located on each corner street. .-- truL- )" ~ . . . . City of Stillwater Planning Commission August 14,2000 Mr. Ranum said he felt comfortable with the request and moved approval of the requested variance for the Main Street elevation; Mr. Rheinberger seconded the motion. Motion failed 3-4, with Mr. Ranum, Mr. Rheinberger and Mrs. Bealka voting in favor and Mr. Fontaine, Mr. Zoller, Mr. Hultman and Mr. Wald voting no. Mr. Fontaine noted the applicant can appeal the decision to the City Council. Case No. V/OO-58 A variance to the front yard setback (30 feet required, 25' 6" requested) for construction of an addition to a garage at 718 W. Churchill 8t. in the RB, Duplex Residential District. Russell Hultman, applicant. Mr. Hultman explained that there is no storm drain on Churchill, and he had a problem with water runoff into the street. He said he had created a large retaining wall and berm to bring the drainage to the storm drain on Martha Street. He said the new garage would be in the same footprint as the existing structure and be no closer than the existing front or side yard setbacks. The property owner at 709 W. Abbott St. stated dirt from Mr. Hultman's berm washed through her property and burned out her pool pump. She stated a city sewer line goes through parts of Mr. Hultman's property and asked ifhe was building his garage on top of the sewer line. Mr. Fontaine noted there is a condition that all drainage remain on site. Mr. Ranum suggested adding a condition that all excavating material remain on site. Mr. Hultman stated he won't be doing any excavating for the garage. Mr. Ranum moved approval as conditioned, with the additional condition that all excavation and all other construction material remain on site. Mr. Wald seconded the motion; motion passed 6-0, with Mr. Hultman not voting. Case No. ZAT/OO-05 A zoning text amendment allowing two-family residences in the Cottage Residential District, CA. Contractors Property Development Co., Homer Tompkins, applicant. Marc Putnam and Shelly Tompkins were present representing the applicant. Mr. Putnam noted that the two-family residences would be constructed on comer lots only. Those lots were oversized ;to accommodate two-family residences, and it was simply an oversight on the developer's part that the zoning wasn't included in the original zoning. The garages will be hidden/tucked back. Mr. Ranum questioned allowing two-family residences on lots smaller than 10,000 square feet as is required in other parts of the city. Mr. Russell noted this is zoning unique to the Liberty on the Lake and Legends of Stillwater developments. Mr. Russell noted this is a zoning change not a variance request and the density is consistent with the city's Comprehensive Plan. 5 *, City of Stillwater Planning Commission August 14, 2000 . Mr. Zoller, seconded by Mr. Ranum, moved approval subject to Council/Joint Board approval. Motion passed unanimously. Case No. SUPN/DR/OO-53 A special use permit, design review and variance for a 170 room hotel, restaurant and conference center at 606 N. Main St. in the CBD, Central Business District, Territorial Prison Coalition Inc., applicant. Mr. Hultman abstained from the discussion. Michael Borum was present representing Territorial Prison Coalition. He stated the developers are making progress and should be getting financial numbers from Kraus Anderson by the 20th of August. The developers hope to close in October. The request is for a 170-room hotel, up from 129 as previously proposed. A three-story building is being constructed in the back to achieve the additional hotel rooms. Mr. Borum noted the front of the buildings may have to be reconfigured to accommodate National Park Service requirements. Mr. Ranum asked about landscape plans. It was noted that will be part of the final Heritage Preservation Commission review. Mr. Rheinberger, seconded by Mr. Wald, moved approval as conditioned. Vote was 6-0, with . Mr. Hultman abstaining. Other items: Mr. Russell reminded members of the Planning CommissionlPark Board informational meeting on the Boutwell site and city-wide trail system scheduled for Aug. 21. Mr. Rheinberger, seconded by Mrs. Bealka, moved to adjourn at 9:25 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary . 6 . . . 113/03/00 10:44 MAGNUSON LAW FIRM ~ 4308810 NO.9?? 003 provide additional hook-up charges that would allow the City to retire indebtedness associated with the extension of utilities. A motioD was made by Zoller, seconded by Laboda, to recommend approval of the rezoning. Tbe motion passed unanimously. 3. Second Public Hearing SUB/OO-S2. The hearL"lg was called to order by Chairman Johnson, and evidence was presented by City Staff and the affected property owner. Tbe owner desired subdivision ofthe existing lot to 2 lots, subject to the property being rezoned. The property owner nlso was cognieent of the underlying restrictive covenants on the property and realized that tberestrictive covenants were a private burden and obstacle that the property owner must face before the property could be subdivided. A motion was made by Laboda~ seconded by Zoller, to rec.onunend approval of the subdivision. The motion passed unanimously. 4. Third Public Hearing ZA T/OO.S. A public hearing was called to order by the Cbairman~ and testimony was presented by Mark Putman representing Contractors Property Development Company. Mr. Putman presented evidence that the Comprehensive Plan and prior plaDlling of the area envisioned that corner 10t8 could be used as 2-family parcels and that the lots had actually been platted at a larger size as was requiIed in the district. Putman presented renderings of proposed single-family dwellings for these lots and requested that the zoning district be amended to allow single-family dwellings on comer lots. A motion was made by Zoller, seconded by Labod.a, to approve the requested zoning ordinance amendment. Mayor Kimble. havingjoined the Board from a prior engagement, listened to the testimony and took part in the vote. The motion was passed by unanimous vote, 4 to O. 5. Boutwell Public Works Study. Representatives of SALA appeared and presented plans for the Public Works site 011 BOUtwell Road. Chairman Johnson expressed the Town's interest in more active park opportunities on the site, including active ballfields that could be '. . . . . . . .. " Memorandum To: From: Date: Subject: Mayor and City Council / Ii... e Klayton Eckles, City Engineer 10/12/00 Outdoor Lighting Contract with NSP for Market Place Streetlight System DISCUSSION: Attached is a proposed contract regarding the Market Place Streetlight System. Execution of this contract would turnover maintenance and operational obligations to NSP. It would also reduce the energy rates which we are charged for these lights. For a fee of $24,800.00, this contract would relieve the City of a significant maintenance responsibility and will save the City significant money over the 20 year life of the contract due to the lower electrical rates. The payback on the $24,800.00 investment would be realized in a matter of 3-4 years. RECOMMENDATION: Staff has reviewed the attached contract and finds it acceptable. Therefore, it is recommended that City Council authorize the Mayor to execute the contract. ACTION REQUIRED: If the City Council concurs with the staff recommendations, Council should pass a motion adopting a resolution authorizing the Mayor to sign and execute the attached Outdoor Lighting Contract with NSP for the Market Place Streetlight System. " , * . . . Oct.12, 2000 10:15AM NSP OUTDOOR LIGHTING 651-6347878 , . ~ No.69i2 P. 1/4 ~ F acsim~le Cover Sh.eet Northern Stat~s Power Company ". To:' 17 t4~7'oJ 'Et!..I<t..e. 5 Company: (!J::7 o,c r:!5>-r::r//~77;:'"'"7c. Phone: Fax: ?-61" __ "f/SiP - 8" g/c/ From: J:~.J D/E-'oJ Address: Phone: Fax: c;.6"/- &3V.-' 7~D~ . Date: /~~2~) Number of pages including this ~ cover.heet - Comments:, /' ~ ?4~ '7Z>.J _ fi<;;4~ ~ 12tf2..ff&~ €' / e4 c. C z;.JC ~r 4(1e"i/T4-~t.,z. I,c:;Z: :J:>eu.Jr/ r/~/L ~Cl(, ". ptzo~?? p()v 4" /JtX>'~ -ro~. 7:'(.(" r/14r;.<- -rH [ Cc;vJ'?7UI-C~ 00c .-,-c.> (1 {:)(..I, ~NI'<:. yf;;u.J , ct:#'J OI.fO~ .' C ct. 1 2, 2 000 1 0 : 1 5 AM NSP OUTDOOR LiGHTING 651-6347878 No,S912 p, 2/4 ~ Outdoor Lighting Contract ~ In consideration of NORTHERN STATES POWER COMPANY. hereinafter called "NSP" extending its facilities to make outdoor lighting services available to: . /":~\(Custo~er) ~ity of Stillwater Attention Klayton Eckles Citv Eu~in~r \!.:~, ,',^ at (service address): Market Place Street1iib~ System ~::::l F';:~City) Stillwater (State) MN (Zip Code) 55082 ;:', !;, \,: ;~e sum of Iwenty - four thousand eight hundred (plus time and tJUlterial) ,Dollars ($24,800.00) \"_~~...twill be paid to NSP by (other than above) Qity of Stillwater ~?,;(;~'~ Address (other than above) 216 North Fourth Street IhL;i...~ (City) Stillwa~er (State) ~ (Zip Code) ~5082 li,-'U in accordance with the following terms of payment: 30 days after cOllstuction begins r-or Service consisting of: I I I The upgrade of the current customer owned Market Place Streetlight system on CUrve Crest Blvd. and So. Washington Street West to Co, Rd. 5 West Frontage Rd. from So. Washington Ave West to Market Dr. Market Dr. from West Frontage Rd. to West Orleans. West Orleans from Co. Rd. 5 to Washington Ave. Tower Dr. from Washingtoll Ave. Work to be pelformed by NSP Outdoor Lighting to include: New connections including hand holes; replace fuses; replace feed point breakers; change timer controls to photo controls and paint poles. Repairing of underground faults will be charged at a time and material rate. After above repairs have been made, N'SP Outdoor Lighting will takeover ownership and maintenance responsibilities of the entire system on a Group 5 rate for a period of twenty (20) years. At the time of this contract expiration the City of Stillwater and Xcel energy Outdoor Lighting will openly discuss options pertaining to the continuation of this maintenance contract or other available alternatives F " j I I ! I I Dated this _day of ii' i Customer: n By: IIU Title: I NSP ReI': 1 NSP Proj/Serv No: ~~-:'':'::":':_..t Total Amount Paid: 20_ Dated this _ day of 20 Northern States Power ComDanv By: Title: Date: Div: Page 1 of 3 . " Oct,12. 2000 IO:15AM NSP OUTDOOR LIGHTING 651-6347878 No,6912 p, 3/4 Outdoor Lighting Contract ~ . SERVICE AGREEMENT (\ , (" \ l~'\~,,,:, \...+.t~ :........:,ij, .W'''''~t.. : ~ ~ i! '.~. ),1 ; ", ~ r ,~ , ~: ~: .71 Ilj,;;,:,I; It,.~.....\,'V ~ 3. I I I I . I l , I ! i i I I ! lull. I ' "U . 1. The customer hereby grants. NSP the right, privilege and easement to install, operate and maintain its underground facilities on the property as described above and/or the approximate location as shown on the attached exhibit. The entire ornamental street lighting system including underground cables, conduit, posts. lamps. ballasts, starters, photocells, and glassware installed by NSP. shall be the property of NSP and any payments made by customer, or their contractor. shall not entitle the customer to any ownership interest or rights therein. The customer also agrees that, prior to NSP starting work: (a) the route of NSP's underground installation shall be accessible to NSP's equipment~ (b) all obstructions shall be removed from such route at no cost or expense to NSP; (c) ground elevation along the route shall not be above or more than four (4) inches below the finished grate. 4. Customer agrees to pay all additional installation costs inculTed by NSP because of (a) soil conditions that impair the installation of underground facilities, such as rock fonnations, etc., and (b) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as extensive existing underground facilities, etc. NSP will backfill l(enc,h with existing soil. 5. Company is not responsible for any customer-owned underground facilities not exposed at the time service is installed. 6. The underground installation may be subject to a winter construction charge if it is installed between October 1 and April 15. Customer agrees to pay this charge ifNSP detemrines winter conditions exist when the underground facilities are installed. NSP will waive the winter construction charge if prior to October 1st the customer is ready to accept electrical service. has executed this fonn and has notified NSP in writing that the requirements of paragraph #2 hereof have been fulfilled. 7. The customer agrees to pay the cost of relocating any portion of said underground facilities made to acconunodate the customer's needs or required because of altering the grade, additions to structures, installing patios, decks or gardens or any other condition which makes maintenance of the company's facilities impractical. Standard Terms & Conditions: Limitation of Liability. In no event shall either party hereunder be liable to the other or any party claiming through it for any reason whatsoever. including an action based upon contract. tort, strict liability or negligence or environmental claim for an amount in excess of the contract price, payable hereunder nor for any special consequential, incidental or other indirect damages of any kind. Buyer's role remedy hereunder shall be limited to a refund of the amount paid hereunder. Page2of3 Oct, 1 2. 2 000 1 0 : 1 6 AM N S P 0 U T D 00 R L I G H TIN G 651 - 6 347878 No,6912 p. 4/4 /.,'. Ii) ,.. "1 ..Ii;.....: .~.~....:~~. <[4"'",....""1. r='''-J.+~ : : ;i J~ 1: : " " \, Iff'" fi I I 3. I I I I I I I t ; 1 4 I ~ . I ! I I I j I i I ~ ! < i I ! l I I ' 1(")1 ILlI 11 Outdoor Lighting Contract lRSi? ~ 2. Force Majeure: Neither party shall be responsible for any delays in performance (other than payment for services rendered) based on an event of force majeure. The party experiencing the event of force majeure, shall promptly notify the other party of its inability to perform under the contract as a result of an event of force majeure. Following receipt of said notice by the other party, the obligations of each party (other than payment for service rendered), so far as they are affected by the event of force majeure, shall be suspended during, but not longer than, the continuance of the event of force majeure. The term "force majeure" as used herein shall mean an act of Ood, strike, declared war, civil unrest, public riot, fire, lightning, earthquake, storm, flood, explosion, government :restraint. unavailability of equipment, and any other cause, whether of the kind expressly set forth herein or otherwise, which is not reasonably within the control of the party claiming the suspension. . Applicable Law. NSP shall comply with all applicable state and federal safety and health laws including, but not limited to, the Occupational Safety and Health Act of 1970 (OSHA) and all standards. rules, regulations and orders issued pursuant to such state and federal safety and health laws, and laws related to non-segregated facilities and equal employment opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11246, as amended). Binding, Counterpans, Effectiveness, Notices. This agreement shall be binding upon the parties hereto and cannot be assigned, amended or modified except in writing agreed to by the parties. This Agreement may be executed in counterpart, and each such counterpart shall be deemed to be an original. . 5. Governing Law. This agreement is governed by the laws of the State of Minnesota. The parties agree that Buyer may issue its purchase order to NSP. Buyer's purchase order shall be used solely for the administrative convenience of the parties and shall not constitute a part hereoL . This Agreement shall be effective upon signature of customer and NSP. A copy of this Agreement shall be sent to the parties at the address indicated. Page 3 of 3 e , . . . MEMORANDUM TO: Mayor and Council FR: City Administrator RE: Realtor for listing sale of City property DA: October 13,2000 Discussion: Council previously directed me to make a recor:Jll1endation concerning the selection of a Realtor to list and sell the city property located at 810 Eagle Ridge Place. I solicited proposals using the attached notice and proposal forms. The intention was to select a firm based on qualifications and experience selling residential properties as well as the fees to be charged for listing and selling the property. The City received proposals from four real estate companies. All of the companies would be qualified to sell the property and they all have considerable experience in selling residential property within the Stillwater area. However, three companies proposed a fee of 7% while Edina Realty proposed a fee of 6%. Therefore, considering that all other factors are somewhat equal, I would recommend Council consider selecting Edina Realty based on the lower commission fee. Recommendation: Council consider selecting Edina Realty to list and sell City property located at 810 eagle Ridge Place. ~~-( , r illwater ~ -~ ~ --- ~ THE BIRTHPLACE OF MINNESOTA J . NOTICE OF REQUEST FOR PROPOSALS OCTOBER 6, 2000 DEAR REAL TOR: THE CITY OF STILL WATER IS INTERESTED IN SELLING THE FOLLOWING PARCEL OF LAND: 810 EAGLE RIDGE PLACE PARCEL ID # 29.030.20.21.0060 THE CITY IS SEEKING PROPOSALS FROM QUALIFIED REAL ESTATE FIRMS TO LIST AND SELL THE PROPERTY. THE CITY WILL SELECT A FIRM BASED ON THE QUALIFICATIONS OF THE FIRM AND THE FEES PROPOSED TO BE CHARGED FOR THE SALE OF THE PROPERTY. THE CITY OF STILL WATER WILL SELECT THE FIRM THAT IT DETERMINES TO BE THE MOST QUALIFIED. COMMISSION FEES SHALL BE A DETERMINING FACTOR . BUT NOT THE SOLE DETERMINING FACTOR. IN THE EVENT ONE OR MORE PROPOSALS ARE EQUAL, THE CITY SHALL USE A LOTTERY SYSTEM TO SELECT THE FIRM. INTERESTED PARTIES SHOULD COMPLETE AND RETURN THE ATTACHED PROPOSAL FORM IN A SEALED ENVELOPE. NO LATER THAN 4~OO P.M.. THURSDAY. OCTOBER 12. 2000, TO: DIANE WARD CITY CLERK CITY OF STILLWATER 216 NORTH 4TH STREET STILL WATER, MN 55082 THE SEALED ENVELOPE SHOULD BE MARKED: "PROPOSAL FOR LISTING AND SALE OF CITY OF STILLWATER LAND" QUESTIONS REGARDING THE PROPOSALS SHOULD BE DIRECTED TO: NILE L. KRIESEL, CITY ADMINISTRATOR, 651/430-8801 . CITY HAll 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 , . . e PROPOSAL FORM FOR LISTING AND SALE OF CITY OF STILLWATER PROPERTY I, NAME OF FIRM: 2. ADDRESS OF FIRM: Edina Realty 200 E. Chestnut Street Stillwater, Mn. 55082 3. YEARS IN BVSINESS: 24 4. CONTACT PERSON: Lisa Meyer A. TELEPHONE NO:Jj "i 1-410-7555 FAX NO.6 51- 4 30- 7545 0 r 65 1- 3 51- 78 IE 5. A VERAGE NUMBER OF RESIDENTIAL PROPERTY SALES IN PREVIOUS 2 YEARS (1998 AND 1999): Please see attachlhl!nt 6. NUMBER OF RESIDENTIAL SALES FROM JANUARY 1,2000 TO SEPTEMBER 30, 2000: 2 1 7. COMMISSION FEE TO BE CHARGED FOR SALE OF PROPERTY: 6 % 8. PLEASE PROVIDE,IN A SEPARATE FORM OR LETTER, A BRIEF DESCRIPTION OF: A. THE HISTORY OF YOUR FIRM; B. THE QUALIFICATIONS OF YOUR FIRM; AND C. THE REAL ESTATE SALES SERVICES PROVIDED BY YOUR FIRM. 9. PLEASE ATTACH A COpy OF YOUR LISTING AGREEMENT. ....................................................................*......... SUBMlITEDB~~;... J ~__nI) DATED: IOd. ~ ,2000 ~ EXCLUSIVE RIGHTTO SELL LISTING CONTRACT . This Contract involves the property located at: "I" means: ''You' means: EDINA REALTY. INC. (property) (the real estate broker). LISTING I give you the exclusive right to sell the property for th!" price of $ . I will require the following terms: , This contract starts , _ and ends atl1 :59 p,m. on (Year) (Year) In exchange, you agree to list the property and try to sell it. You may place a "For Sale" sign and a lock box with keys on the property. I authorize you to allow showings and hold open houses at the property at such dates and times as we shall mutually agree, I understand that I will be fully responsible for the safekeeping and security of any personal property which may be kept or maintained on the property, 1 understand you are a member of a local Muttiple Usting Service (MLS) and you will give information to your MLS conceming the property, as provided by MLS rules. You may place information on the intemet concerning the property, You may also distribute information regarding my property to the general public. I will keep you notified of relevant information important to the sale of the property, If you sell the property, you may notify your MLS and members of the area boards of REALTORS" of the price and lerms 01 the sale. I understand that this Conlract DOES NOT give you authority to rent or manage my property. I understand thaI mortgage financing services are usually paid for by the buyer; however, certain insured govemment loans may require Ihe seller to pay a portion of the fees for the mortgage loan, I understand thaI I will not be required to pay the financing fees on any mortgage without giving my written consent. I understand that you may list other properties during the term of this contract, MY DUTIES I will cooperate wilh you in selling the property. I will promptly tell you about all inquiries I receive about the property. I agree to provide and pay for any inspections and r&ports required by any governmental authority, I agree to provide homeowners association documents il required, I will provide the Buyer an owne~s Iftle insurance policy, or an updated abstract of title, or a registered property abstract to the property, I have the full legal right to sell the property. I will sign all closing documents (including a warranty deed or contract for deed) necessary to transfer to the Buyer marketable tille (full and unquestioned ownership) to the property. . NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT, ~ YOUR COMMISSION I will pay you as' your commission 7, ij" 01 <of the selling price and an administrative broker comission of S 149.00 if I sell or agree to sell the property cirde one before this contract ends, In addition, if before this contract ends you present a Buyer who is willing and able to buy the property at the price and terms required in this contract, but I refuse to sell, I will still pay you the same commission, I agree to pay your commission whether you, I, or another agent or broker sells the property, I hereby permit you to share part of your commission with other real estate brokers, including brokers only representing the buyer. I understand that Edina Realty Sales Associates other than the Usting Sales Associate may, with my pem1ission, hold open houses at my property.! agree to pay your commission in full upon the happening of any of the following events: (1) The closing of the sale, (2) My refusal to close the sale, or (3) My refusal to sell at the price and terms required in this contract. If within 180 days after the end of this contract, I sell or agree to sell the property to anyone who: (1) During this contract made inquiry of me about the property and I did not tell you about the inquiry; or (2) During this contract made an affirmative showing of interest in the property or was physically shown the property by you and whose name is on a written list you give me within 72 hours after the end of this contract; then I will still pay you your commission on the selling price, even if I sell the property without your assistance, I understand that I do not have to pay your commission if I sign another valid listing contract after the expiration of this Contract. under which I am obligated to pay a commission to another licensed real estate broker. To secure the payment of your commission I hereby assign to you the proceeds from the sale of my property in an amount equal to the commission due you under this contract. If either you or I bring an action for enforcement of this Agreement, the prevailing party in such action, whether or not such action proceeds to final judgment, shall be entilled to recover all costs and expenses including all reasonable attorneys' fees and court costs. CLOSING SERVICES NOTICE: THE REAL ESTATE BROKER, REAL ESTATE SALESPERSON, OR REAL ESTATE CLOSING AGENT HAS NOT AND, UNDER APPLICABLE STATE LAW, MAY NOT EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR OF THE CLOSING ITSELF, After a purchase agreement for the Property is signed, arrangements must be made to close the transaction, I understand that no one can require me to use a particular person in connection w~h a real estate closing and that I may arrange for a qualified closing agent. or my attorney. to conduct the closing, I understand that I may be required to pay certain closing costs, which may effectively reduce the proceeds from the sale. My choice for closing services: (initial one) I wish to have Edina Realty Tille, Inc, provide closing and tille services. . (Seiler) (Seller) (~lef) (Sellec") I will arrange for a qualified closing agent or my attorney to conduct the closing. I have been advised about the benefits of the Edina Realty HOME SERVICES PLUS Inspection and Warranty Plan. I agree to purchase the Edina Realty HOME SERVICES PLUS Inspection and Warranty Plan. I decline to purchase the Edina Reaity HOME SERVICES PLUS Inspection and Warranty Plan, NOTICES AND NONDISCRIMINATION I have had the opportunity to review the "NOTICES AND NONDISCRIMINATION" clause on page two of this Contract. (Sell@rl tSellw) (~lef) (Seiler) (SeHer) (Seiler) AGENCY REPRESENTATION If a Buyer represented by Broker wishes to buy your property, a dual agency will be created. This means that Broker will represent both you and the Buyer(s), and owe the same duties to the Buyer(s) that Broker owes to you, This conflict of interest will prohibit Broker from advocating exclusively on your behalf, Dual agency wiillimillhe level of representation Broker can provide. If a dual agency should arise, you will need to agree that confidential information about price, terms, and motivation wiil still be kepI confidentiai unless you instruct Broker in writing to disclose specifIC information about you. All other information will be shared. Broker cannot act as a dual agent unless both you and the Buyer(s) agree to it. By agreeing to a possible dual agency, you will be giving up the right to exclusive representation in an in-house transaction. However, ;r you should decide not to agree to a possible dual agency, and you want Broker to represent you, you may give up the opportunity to sell your property to Buyers represented by Broker, Seller's Instructions to Broker: Having read and understood this informetion about dual agency, Seller(s) now instructs Broker as follows: _ Seller(s) will agree to a dual agency representation and will consider offers made by Buyers represented by Broker, _ S eller(s) will not agree to a dual agency representation and will not consider ~~Bf!3iipresented by Broker. Seller: Brok , ~ ) Seller: By:' .A Date: (Salesperson) ~7CEPTED EDINA REALTY, INC. Real Estrlt~ Broker ACCEPTED BY, "'^""' By: "'^""' Date signed: '~ Address: Phone: Owner's Social Security #: Social Security #: Federall.D, # (if corporation) - I/we would like relocation services, Yes No ER 201C (3/00) Date signed: .~ - . . . PROPOSAL FORM FOR LISTING AND SALE OF CITY OF STILL WATER PROPERTY 1. NAME OF FIRM: CENTURY 21 Pauley 2. ADDRESS OF FIRM: 1940 S. Greeley St. #102 Stillwater, MN 55082 3, YEARS IN BUSINESS: 54 4. CONTACT PERSON: Clark or Adam Nyberg A. TELEPHONE NO: 651-439-1797 FAX NO. 651-439-8013 5. AVERAGE NUMBER OF RESIDENTIAL PROPERTY SALES IN PREVIOUS 2 YEARS (1998 AND 1999): 231 average per year 6. NUMBER OF RESIDENTIAL SALES FROM JANUARY 1,2000 TO SEPTEMBER 30, 2000: 150 7. COMMISSION FEE TO BE CHARGED FOR SALE OF PROPERTY: 7% 8. PLEASE PROVIDE, IN A SEPARATE FORM OR LEITER, A BRlEF DESCRIPTION OF: A. THE HISTORY OF YOUR FIRM; B. THE QUALIFICATIONS OF YOUR FIRM; AND c. TIIE REAL ESTATE SALES SERVICES PROVIDED BY YOUR FIRM. 9. PLEASE ATTACH A COpy OF YOUR LISTING AGREEMENT. *.*******..................***...******..........................**.*****...** SUBMITTED BY: ~~. ~~ DATED: /0- / ,2000 . -- PROPOSAL FORM FOR LISTING AND SALE OF CITY OF STILLWATER PROPERTY 1. NAME OF FIRM: Co<..cw.-..c- ~.......k.CII-A- 1;l.A--v"'---*- . 2, ADDRESS OF FIRM: -z.. ()I '-0 '-'-' V\-~ '* , ~ "- r-'-"" Ql"L'-~""''''''''rp.ft.., ~~. /....J-4--- s--,ro 9 L ), YEARS IN BUSINESS: Z 1 '?tcA-fl--- 1 4, CONTACT PERSON: --ea~ W.. c....L..cI\.~ cI r---..) A. TELEPHONE NO: (p n - ~p'o. i) 0 I F AX NO, (;..If - C; 30- 0 'l.( c.. 5, AVERAGE NUMBER OF RESIDENTIAL PROPERTY SALES IN PREVIOUS 2 YEARS (1998 AND 1999): S? 3& 6, NUMBER OF RESIDENTIAL SALES F~OM JANUARY 1,2000 TO SEPTEMBER 30, 2000: k;l (!:J,e::::- 7, COMMISSION FEE TO BE CHARGED FOR SALE OF PROPERTY: '1 % 8 PLEASE PROVIDE, IN A SEPARATE FORM OR LETTER. A BRIEF DESCRlPTION OF: A. THE HlSTOR Y OF YOUR FIRM; B. THE QUALIFICATIONS OF YOUR FIRM; AND C. THE REAL ESTATE SALES SERVICES PROVIDED BY YOUR FIRM. 9, PLEASE A TI ACH A COpy OF YOUR LISTING AGREEMENT, ............***...~....*.**.........*........~****......................... SUBMITTED BY: {?~ W L....~eI~ . DATED: \C?-<\- ,2000 S~u..-~ ~\.'-~ G.v~~~ \ \ ~~~~ ~~~-h~ ~ ~ ~ ~ ~ ('O'~\.s.r.?-. ~ ~~NL~~ ~C-u. D~~~l TO~"i""' ---' -' S,lles I\SSOCjJr~~ f I QQ~ (pIJ"'Tlt ~.ln~~r ("'T"'fJllcn. C~ldwtJl !\,lnkd Is J rr1iiSlrr~ IIJdtmJrk of C"k/Io."fl1 Fbnkrf - I.l"~JUOn "n fq.ul (1rf"Jf~1Iily (omrJII'f. '" EqUJIIlOU~Ull t"rr<'flunuy. Exh llflicr Is Indq~nOOl\ly ClIl.1\l'd Anti Prrr&lN! --........ Date: ~Irlri!l ~~ ':~"H02!-~ e ~ SELLER SERVICES GUARANTEE Sel/er(s} Cd'~ Or Sj...l L:,- \.AJ~liiI=- - Property Address <6l0 R.tc \.os:c..... t?~~.AE-- . Sales Associate ~D""___ ~~ ~v\'@..i- Plrolle N"mbers ~ f'.:li:::l - ~_ ck:offlce Q Pager Q Car . (~-- Q Office Q Pager Q Car ~ ........ l_l_- Residence Coldwell Banker ("Coldwell Banker") and Sales I\ssodale, are com mitred to provide you with the following services to help sell your property, D AGENCY AUERNATIVES \Ve will review the agency alternatives and represent.1tlons that are availclble to you and to pOlential buyers - Seller Agency, Buyer Agenc")' and Disclosed Dual Agency, The r('presentation of your fnterests. and my role as your agent for the different agency relationships. will be lhoroughly presented to you (or your consideration. D MARKETING ACTION PLAN \Ve will present to you a custom Marketing Action Plan - a formal writ- ten plan tor marketing your property. This may include an open house to be conducted when appropriate and as agreed to in cldvance with you. IJ COMPETITIVE MARKET ANALYSIS \Ve will provide you with a current Competitive Market Analysis. ilnd will assist you in determining the most effective list price for your property. . B FINANCING ALTERNATIVES We will show you varwus flnancfng alternatlv('s for buyers of your properly. and discuss the likely impact of e-ach alternative on your sale, 111 ESTIMATED PROCEEDS \'Ve will furnish you wirh an estimate of the proceeds you can expect from rhe sale of your property, m HOME ENH!\NCEMENT \Ve will develop a plan to ffihance your property's .Jbility to attract buyers, .JS described In the ColdweU Banker Home Enhancement GuIde. f..I COLDWELL BANKER ACTION TEAM \Ve will pr<.'sent your property to the Coldwell Banker sales team. I will sh.Jre with you the team's revj.ew and recom- mendations to help you realize lhe best price obtainable for your prop('rty. iii PROMOTION TO OTHER BROKERS \'Ve will promole your property tl' other reputable, professional brokers and selles associates in the area. II MULTIPLE LiSTING SERVICE We will prepare a plan for your property 10 appear in the local Multiple Listing Service. The information will be submit- ted by the dale we have selecled. for the property's debut on the market to achieve maximum Impact. Ei1 PROPERTY INFORMATION We will make information on your property available to local and out-of- town buyer prospects. Additional copies will be available for sales associates and prospective buyers at your property. m DIRECT MARKETING \Ve will distribute promotional materials on your property to key market areas to attract potential buyers. III COLDWELL BANKER SIGN We will place a Coldwell Banker FOR SALE sign on your property. to help generate calls to our oHice from prospective buyers. OJ ADVERTISING We will review with you our advertising program - including Coldwell Banker Onlineu" our \Vorld Wide Web site - designed fo generate buyer prospects for your property. 19 SELLER DISCLOSURE We will present your written disclosure regarding the condition of your property to buyer prospects to assist them in preparing an offer. You will keep me Informed of any changes in the property and keep the I"formarian current on the disclosure form. m HOME W ARR!\NTY We will provide you with Information regarding a warranty on the operating systems of your house. to increase the markeot~,bility of your property and help reduce your liability to the buyer, I1'!J MARKETING ACTIVITY REPORT We will provide you with a Marketing Activity Reo port on a regular basis to keep you Inforrncd of competitive market conditions. buyer activity. and the actions we have taken to market your properly, 1& HOMEFINDING PROCESS We will review with you the Best BuyerJl: Guidebook to acquaint you with the homefinding process that buyers are most likely to follow. including financial quaiification. property sclection. financ- ing options and closing procedures. 1m QUALIFYING BUYERS We will seek financial qualifying Informalion on all buyers submitting a purchase offer. Our goal will be to pre-qualify or pre-approve the buyer through a reputable lender. mI PURCHASE OFFERS \Ve wlU review all purchase offers as they are presented. and we will negotiate on your behalf ro reach a purchase agreement wllh terms that are favorable and protectivC' for you. fl!1 CLOSING THE SALE We will monitor and inform you of the progress of the transaction. Including the satisf.Jctlon of JII contingencies and conditfons during the entire transclction_ m AFfER-S!\LE SERVICE \Ve will contact you after the closing to follow up on any rt'maining detJils or service needs. m SERVICE S!\TISFACTION SURVEY \Ve will providc YOll with ~, contidentlal opportunity to give In evaluation of l'ur services. Should Coldwell Banker /lot perform tl1e scn'iccs as sttll,d ablll'C, )'OllllfC cntitled to rermimltc I/IC cxdusJ1tf: liSting ngfl:cmcnt 011 YOllr property. Please keep /" mimf that various state Q"d local regulations ami praclfces may restrict some scn'iCl'S. WrillcII terminat/o" "otice musr state rcasou(s) for fermiumroll aud mllst be presented by YOll, ill l'erso1l. to the Officc Mallrl8cr. Hili also agree to Il((wide Coldwell Banker with 1111 OPI'Orllmiry to correct tire situatlol1 lVill,t" It 24 IIollr period !t,llowillg ti,e dr/Ivery of the termillation /loiter; If the cxdusilT Iistlll8 agrfcmClJt lVith yorl is laminated. lhe tamination prm'is;o/ls of tl,c exclusive lislIII8 agn:c:mcflt shall app(v. Lr.d~~_lhe Office Manager, If, dU?J1g l~~reemenl, ~u have any questions or concerns, you may reach. al(I,~)~-110 , Yl'll acknowledge thelt you have rCcld Jlld undNstand the tl'rms of the Coldwell Danker Seller Services Gu.arantee and tlhlt the ~'gre('rncnt is not binding unless signed by you and thc Coldwcll Banker Sales Associate. Seller: ----' ,/ Date: . Seller: ~_ Sales Associa~~ ---...... Date: rlQ(i~ C~!o.hnl! !Wl~~r CNJ'<'fJlic<n. C~ ..lIlkt( Is ~ lrgislmd Ir.>dtmJI' 01 C.'l.h\"dl PJottl (otf'O'Jlion, ,An {qU.w\'f'rI'ltunily Coml'o1"l'- ~ E~ IIousi"lE Cf'r<<1unll'f E.1Ch Ullk"f Is ~n[ly OI\,lltd And llrmU'1l Date: M(!l!r.\t.l}'lI'i-H(l!5 QS PROPOSAL FORM FOR LISTING AND SALE OF CITY OF STILL WATER PROPERTY . 1. NAME OF FIR.:\1: Lynskey Companies 2. ADDRESS OF FIRM: 118 S. Maln-Street Stillwater, MN. 55082 3, YEARS IN BUSINESS: 27 Bob Clark 4. CONTACT PERSON: A. TELEPHONE NO: 651-439-1412 FAX NO 651-439-8071 5. A VERl\GE NUMBER OF RESIDENTIAL PROPERTY SALES IN PREVIOUS 2 YEARS (1998 AND 1999): 132 . 6. NUMBER OF RESIDENTIAL SALES FROM JANUARY 1, 2000 TO SEPTEMBER 30. 2000: 36 7. COMMISSION FEE TO BE CHARGED FOR SALE OF PROPERTY:_2i__._ 8. PLEASE PROVIDE, IN A SEPARATE FORM OR LETIER, A BRIEF DESCRIPTION OF: A. THE HISTORY OF YOUR FIRM; B. THE QUALIFICATIONS OF YOUR FIRM; AND C. THE REAL ESTATE SALES SERVICES PROVIDED BY YO'CR FIRM. . *.t....~*.*....*.**+ YOUR LISTING AGREEMENT. 9, *******.t..*+*............ SUBMITTED BY: IV~2-1 tJt) I f DATED: ,2000 e . . . MEMORANDUM TO: Mayor and Council FR: City Administrator RE: Request for amending TIF District DA: October 13,2000 Discussion: Council previously received a request from the Washington County Historical Society ("Society") to consider expanding TIF district # 7 to include the Historical building and property located just south of the Old Territorial Prison site. The purpose of expanding the district would be to help fund "eligible" TIF costs that the Society might have for the property - especially the sidewalk on Laurel Street adjacent to the property. . Staff have evaluated this request and it does not appear to be practical. First of all the property would not generate any additional TIF revenues because it is exempt property. Second, it appears that this district does not presently have and probably will not have excess revenues available for use on the property. Third, "eligible" project costs may be minimal given existing TIF regulations. Finally, the cost of enlarging and administering the TIF district might exceed the eligible cost of any project that the Society wants to pursue. One of the more immediate concerns that the Society had was the sidewalk on Laurel Street. This sidewalk needs to be replaced or removed. I would suggest that the sidewalk be removed because it does not appear to be needed. This section of Laurel Street conveys very little vehicular traffic so there should not be any pedestrian/motor vehicle conflicts (I don't think this sidewalk has been used too much in the past anyway because of the condition it is in). The cost to remove the sidewalk is about $1000. I would recommend that the Council consider removing the sidewalk as part of its sidewalk program. Recommendation: Council consider removal of sidewalk on Laurel Street adjacent to Washington County Historical Society . ~ ~tA-[ . . . . ; .1 ~ I Met110randum ~'~~"''''~'5:~&~~;~>;c~@ To: From: Date: Subject: Mayor and City Council Klayton Eckles, City Engineer !l c v 10/12/00 Request for Sidewalk Installation Adjacent to Maple Island Building DISCUSSION: At the recent City Council meeting, Vem Stephen of Mainstream Development Partnership, requested that the City investigate the possibility of installing a sidewalk on the South side of the recently renovated Maple Island Building. After the meeting, Mr. Stephen supplied staff with a detailed sidewalk design which included the installation of 120' by seven foot wide sidewalk, the removal of an existing light pole, the removal of existing tree and some existing curb, and the installation of six iron tree grate openings. Staffhas looked at this request and has come up with several options. . 1. Install the entire sidewalk as proposed including the tree grates and light removal. Estimated cost: $12,000.00 2. Install the seven foot sidewalk without the tree grates. Estimated cost: $6,000.00 3. Move parking curb stops three feet south ofthe building. Fix them in place with iron stakes and remove the light pole. Estimated cost: $2,500.00 Note that in all cases where the light has been removed, it's assumed that the building owner will install some form oflight on the exterior of the building. Mr. Stephen had suggested in conversations that the City install decorative lights identical to those recently installed on Main Street. The cost of installing these decorative lights is estimated to be in access of $4,000.00 per unit. . Possible financing options that might be used for these types of improvements will weigh heavily on which option is chosen. City policy regarding installation of new sidewalks and lights adjacent to private property speaks to this issue. It states that one hundred percent of these types of improvements will be assessed to adjoining benefiting properties. In the case ofthese proposed improvements, the benefiting property would be the property owned by the,Main Street Development. Mr. Stephen requested that the City look into the possibility of using tax increment funds to pay for these improvements. The Finance Department has looked into this possibility and found that October 12, 2000 all of the available tax increment monies, which was generated by the Maple Island . improvements, have been spoken for (in the development agreement) to aid the redevelopment ofthis property. The City does not have any other funding sources available at this time to finance the proposed improvements. Therefore, a suggested course of action would be to proceed only with those improvements that are properly petitioned for by the Main Street Development Partnership. The Downtown Parking Commission did review the proposal to discuss the impact it would have on parking. The Commission stated that they would support the project as long as it had no reduction in total parking capacity. Moving the parking blocks three feet or reducing the sidewalk width to six feet would accomplish the desires of the Downtown Parking Commission. RECOMMENDATION: The proposed improvements fall within the normal guidelines for the City's policies on public improvements and assessments. Therefore, staff recommends that Council take no action on the request unless a Petition and Waiver of Appeal is submitted by the owner. . 2. r . .~ ~~ . ,eer 0' ,0 0.\ O >1'ent D' . 'sw>' ~ce ~-C ~ . co\\l\c\\ . D""e\o~\a ~e Cit'i 1'>:.::'",0.\\"" ~J:.J a C\t'i _.,,,,,,,t'i lelic l' b~ t" 'aents a to ' lli' CO,,"" a 1'>11\ ,,,,,e<\ a ,e'" ""te , s V>~~o 1'-,",se\\, t 0.\ 0\ t to' Ie' ~th"" "a b"t ~e Cit'i ' <te~e . >1'e" "eS ei'ifi . ct \a la be 1'0' "M"\'\> or:fJ "t Ie<\' ""a" t aist<' t ",,0" 1'tOtt" y\~~ ,\'l-, '); ,o~"",e 'LO\\et scboo 'y"''''' nicet: octobe .".. \1i\Y "",bet "est. ."tieS O"t~~ ~'" S" . a ~ Y ci\"'.\le reel: 'w {oC"" tbe Y n"te. , be'" Co"" 0" t c'" '",," v ~o"''' "o\\et. a S"YY l\ tbe tbe , f6.S ~et"' . ~ lli' inS'" . 0"'" n . ~ tbe ~e ya i\t\\""'v """\",,. "est to (\\a "or 50,()Ov' "t "",\>> co""c eeU"jb to a tbe '~ aiSu\c~ent is S ofo,e<\ 0 tbe'" o"e cb"" ,o~e a be "" a ""Y\'. t tbe s .\le i"'Y ",,0"\ ~e ~:., ~~ ~ost ot t a \i"bi\\t'i &/.e '",o.\e ~:~ lli' . '" eSIl e<S'''' ent. "eSr, ~e , 0"'" utY'" t reel: '\s 01- eC\' . nO 01\ ael.l1' ot tbe . a""'\\O . ttllto' ~e l\~t\o" . Co"" a"""'S inS'~ "tiOll. Cit'i J>> 1\\ ell (\: tro't1\ ~eco1\\ . "N\.e't1\O nts. \l.1\\e ~tt~C v 1...eto~e 'ctu 1 o.\sttt "'001- sc).' t 9/'15/()() SO . X\ute 0. "N\.1 'Boat t>a~'l.. '31\0. 9/\5/()() . . TO: Filrk 8l1ci 1/ ecreatiol1 Co " Pi?: C'ty 'l111nlSSlOlJ. 1 A.d1h;_ . -<.lJ.JISfrator ~: l? egUest fOr Co . PlaygrO!lJ1ci IlSlcieratioll Of DA.: at Olci A.thJetic Fielci SeptellJber I5, 2000 D' lSCUssiolJ.' COlJ_ ~1_~ . '-<{JCl,(J,Llel11b r. 1/ecreatioll Co Or .erry ZO/Jer h'ls as F'ele}. The Pro l11llJlSSIOll reliew k keel llJe to sUbl11/t atta 'to 'Posed Pi 'JIS regUe tfi a l11el110 b' c"ed aeriiJ/ h ay8ro!lJ1d "" S Or establi hi Oil IS behiJ/f t h WOll/d "PPeilr r!"t Oto8raph. The rec;ll/d be lacateel at th:!JI a PlaygrO!lJ1d areao a"e the Filrk 8l1d Th. a PlaygrO!lJ1d ilrea ":!~7 se/lllJellt:s Of the ~o"'er Of the fiele} :. th~ Ole} A.thJetic " e Project would . a e'lst 50' " IOO' "P are 50' " I 30; 1: S 0% Oil the ' reslhellt" llJater/ lllclude the Pl1rch. cOll/d be eStabIisheel' herefore, it - SllJiJ/Ier fellce till), llJaybe the re 'lse 8l1d llJsfiJ/latio . lthougJ, the Co 0 define the Play ;:'0~1ll of a sectioll 0; of the PlaygrO!lJ1d e . cOllJplished fo::~f the Project isgu~':::.d arell. L8l1dscap!:: ~"'Stillg fellce 8l1~Upl~~elJ.t (ilJ.ClUdilJ.g OUt $50000 -"'-"110% at this t' . ~ ork wOUld r,'lIps llJsfiJ/l' ., , . lllJe It "" ), "PPeilr to b 'llg -Goller 8l1d I , Ou ci "PPeilr that 'L e llJiJJa"al. "., l"ecellUy ~ "'e wOrk l ,.".. -Goller IlIjII '"et IlIjth 8l1lSD cou d be be at the "'eetill 834 ofticilll 8l1ci i"elldatiOll: g MOllday lligJ,t to dis~~:;';,:;a':~to be recepti~e t 'L -"'Oll re~' "'. '<<lther IlIj'L 0 "'e lew request fOr . t" You. l1J.stallatiolJ. of 1 P aYgroUlJ.d at Old , A.thIetlc Field, 74' ~OlVlJvn% #3 ~ . . . ,. . . . 1" = 150' o 150 Feet , . 0"_- ____ ______..___ Old Athletic Field I.t~. I::ngilleering Departme!l/ '1J ~ Parks and Recreation Board Sept. 25, 2000 . Present: Del Peterson, chairperson Linda Amrein, Rich Cummings, Dawn Flinn, Rob McGarry, Wally Milbrandt, Mike Polehna, and Steve Wolff Others: Planner Sue Fitzgerald and two Stillwater Area High School government students Absent: David Junker and Sara Thingvold Mr. Peterson called the meeting to order at 7 p.m. Approval of minutes: Ms. Amrein noted the minutes did not reflect Mr. McGarry was absent; Mr. Polehna noted his name was misspelled. Mr. Polehna, seconded by Mr. Milbrandt, moved approval of the Aug. 28, 2000, minutes as corrected; motion passed unanimously. Review of draft Comprehensive Trail Plan Ms. Fitzgerald said several trails - in the Creekside area, Long Lake and South Twin Lake - were added since the last review. Mr. Cummings noted the Curve Crest Boulevard sidewalk is part of the plan; the city just has to determine how to pay for it. City Council Member Terry Zoller, in the audience on another matter, pointed out the city does not own the right-of-way on Curve Crest, so the city will either have to purchase the right-of-way or go to condemnation; there has been talk of businesses allowing an easement or contributing the land. Joseph Simonet . of Simonet Furniture and Carpet, said he, as a private citizen, favors the sidewalk. Peggy Perry, chair of the Human Rights Commission, spoke in favor of the sidewalk and suggested that businesses should consider the public relations value of providing for the sidewalks. Mr. Zoller also said there had been previous discussion about including walks through the historic districts in town in the plan. Mr. Wolff suggested that might result in a problem with skateboarders/rollerbladers if the sidewalks are designated as a public trail. Ms. Amrein said the plan isn't real clear about who decides about designating the use of the trails. Mr. Zoller noted the plan is a concept indicating where trails may be at some point in the future; once development occurs, the city will meet with neighbors to determine the exact location and decide on issues such as surface, use, etc. Ms. Amrein questioned the goals on page 17 and asked whether that meant the city was going to retrofit the streets to accommodate bikers; Mr. McGarry pointed out that is a goal that mayor may not be achievable in all cases. Mr. Peterson encouraged members to read the draft document and visit trails In their neighborhoods prior to the public hearing. The public hearing was set for Oct. 16. Request for play equipment at the Old Athletic Field Mr. Zoller, along with Joe Peltier, Tom Corman and Lee Bjerk and families, all of whom reside near the Old Athletic Field, were present to request the Board's support for pursuing the purchase and installation of play equipment in a portion of the Old Athletic Field. Mr. Zoller noted the absence of parks in the older neighborhoods in town - the North and South Hills. Mr. e " . Zoller stated he had talked with both city and school district officials and both Were receptive to the concept. There Was some discussion of cost and responsibility for maintenance. Mr. Zoller said the school district probably would not be willing to maintain the area; he noted costs won't be kuown until there are discussions with neighbors to detennine what kind of equipment they would like to see. Mr. Wolff expressed a concern about locating the play equipment iu a secluded area; Mr. MCGany noted the area will be opened up if the existing fence is redone and vines removed. Mr. Milbrandt, seconded by Mr. Cunnnings, moved to support the concept and authorize Mr. Zoller to work with neighbors and come back to the Board with more firm COst figures and Possible sources of funding. Motion passed unanimously. Mr. Zoller also stated the neighbors would like to have the skating rink brOUght back into use. Mr. Polehna said the Park Department said the slope is not right to flood a rink; Mr. Peltier said boards are needed to retain the water. Mr. Cummings pointed out the city does have a set of boards available. Mr. Peltier volunteered to put the boards in. . There Was discussion of the city bUying the Old Athletic Field property, for a nominal fee, from School District 834. Mr. Cummings said if the city is talking about putting play equipment and a skating rink on that property, it behooves the city to own the property. Mr. Cunnnings, seconded by Ms. Amrein, moved to direct city staff to fonnally approach School District 834 with a request that the Old Athletic Field property to returned to city ownership for a nomina] consideration. Mr. Zoller stated he did talk with District Business Manager Dan Parker about that pOSSibility. By state law, school districts must assess all their properties every three years, and Mr. Zoller pointed out the city might not be able to afford to purchase the property. Motion directing staff to pursue city ownership of the property passed unanimously. llpdat~ Mr. Peterson reviewed the updates in the agenda packet. Regarding KolIiner Park use, Mr. McGany noted there are issues regarding liability and issues of policing/enforcement due to its location in St. Croix County. Mr. Peterson pointed out a use policy will be developed and brought back to the Park Board. .- Other items · Ms. Fitzgerald stated she would be meeting with neighbors in the Creekside Crossing area to discuss plans - landscaping and perlJaps a fountain __ for the circle area in the development. · Mr. Polehna asked if the disc golf course Was being maintained. Mr. Ctunmings responded in the negative; he said Mr. Russell wants the area used this winter for cross-counlIy skiing. There also has been talk of doing a controlled bum in that area next SPring. Ms. Fitzgerald will check on plans for this year and next year and report at the next meeting. · Ms. Fitzgerald said the play equipment will be installed in Legends Park within the month. · Mr. Polehna shOWed members a draft of the map prepared by the St. Croix Valley Fitness Partners to Promote walking. He said the coalition is hoping to print 10,000-12,000 copies of the map. Mr. Wolff suggested asking the local division of the American Heart Association for a contribution tOward printing costs. - ~ . . .- - ~ , . MEMO To: From: Subject: Mayor and City Council Steve Russell, Community Development Director (l// Township Referral Request for 1,600 Square Foot Storage Building in Stillwater Township Phase III Annexation Area October 12, 2000 Date: The Orderly Annexation Agreement requires that the Township coordinate development in the City expansion area to make sure it is consistent with the City's Comprehensive Plan for the area. A referral has been received to construct a 1,600 square foot storage building on a 5 acre lot in the Phase III annexation area (see attached letter and plan). If and when the 5 acre site is developed, the storage building would be removed. The storage building should not have an impact on Phase III expansion area plans. . . ~ PRO-ACT REALrt: INC. ~ 1967 S. Greeley Street Stillwater, MN 55082 (651) 439-7800 (800) 542-5076 (651) 439-9043 fax Gary Vizenor Brok. October 10, 2000 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: Steve Russell Dear Steve, Attached please find a copy of a Certificate of Survey which depicts the five acre homestead site, which was accepted out of the property sale to U.S. Homes. The purpose of this letter is to inform the City council that Art Palmer would like to erect a temporary storage building of approximently 1,600 square feet as indicated on the attached map. . You suggested that we supply the City Council with a copy of this map of which I am doing. Steve, if you have any questions what so ever just give me a call. -" . An Independent Realtor Ready And Willing To Serve. V~ \. J. LUUU :l: J~iU'ii !il'vVJi.lbJ r i\lUH. i\UUJ No. j 11 ~ t. 1/1 .. Engineering . Planning .' Surveying . FACSThfiLE COVER SHEET LEASE DELIVER THE FOLLOWING PAGE(S) TO: Recipient: AtT P kUVl.f3{2. Company Name: Fax #: f.R51- .f30 - -o~ rr q:J.-'/'J-- '"'~~ '.....C!'., . -,.. ,,"- ., .. .., -...~~I eCT 0 J 2C'GJ ~ '-'"C."rr,~~ -::~~~ '='Me;. THIS FAX IS BEING SENT BY: Name: ;nUe.5c. {qr.e~d& Date: to'3-oo MFRA#: Client Name: S-f)U WtV/t.,,- TD~Y'lSh;p' Project Name: Subject: \fA VltLMLf .I ~O(\S . IF YOU DO NOT RECEIVE 7 PAGES, INCLUDING THIS COVER SHEET, PLEASE CONTACT AT (763) 476-6010, EXT. '~t ...~.,..._- (pS\- LPj)-Le 11 S -....,.,.....,..----. .'. \, .j, :"'J'JV ::I. J::Ir.iil lij'v:"ViijDJ r f,r.lH. f,VVJ 110. Jll:i r. U i " MFRA Number APPUCATION FOR CONSIDERATION OF PLANNING REQUEST - Location ofl'ropcrty: Id- ~:27 rKll wood-.RQ . zrm~OfProperty: ~ U- ~r1 SurVf iJ ~ t- Owm:r. Name: t1 r J:...pO..Jrru....r j'honc: (6"" ~ / ) lf .5 0 - S $""71 Address:~21 De-JWOM (LD. City: S' .h lll.A> ~ State: fVJ IV Zip: S-S- d8 2 Applicant (if other than owner): Name: Phone: State: Zip: ~ ~M.)< Variance g ::::scPamD D Subdivision, Minor 0 PUD D Comprehensive Guide Plan 0 Conditional Use Permit (CUP) o EIS or EA W 0 Other: Dcsc:riptioD ofRcquc.t: T 6 e-re.ct a.. ~oraAj S to r~ 1M /dt~ Vy( rh CA- to{c;;.J Sf{ UOvre loo~R- D f6.Jloo SVUQ~ &f (S r;JfGJ.he. MeA{)) . . Present Znning Classification: Existing Use of the Property: ~3Icltn1\CA.-1 (s- Cares) Has a request for Rezoning, Variance or Special Use Permit on the subject site or any part thereof been previously sought? N 0 When? All requests for plAnning action must be accompanied by a completed Checklist Form and approprizte notations of compliance. Applicant understand that all fees incurred resulting from the review of this request will be the :t:ibilityof~~ d ~ will b be ~,.mlllDef. S atureofAppbcant.. ~~ ~' Date: ./~..4/PO / Accepted as complete on by Fees paid Escrow paid Approved 0 Denied 0 by the Planning Commission on Address: City: Type of Request: (date) Approved 0 Denied 0 by the Town Board OD (date) (OVER) .' . -7 t:.- \\..... \ \ :::. -- t::;,.. -r -7 t:.-;. L.'7' L. _ g ~ k.J ~I~ -t ~, g~~ ->~ ~~z " '" t: 0.44'S2.E 304.84 I / -50.38 g z o ~ 2 '" '" N I I \ \ _C;L \ ~a ~~ \ c:-I ~~ \ \j I 'I I I d " r ~ig~': ,rl: :,~~: \ :0:: \ : Oi: \ :0.: ~i~ ...... ...... df ':Oi~~ :~O":I: :.;. . : ,'. . . ..... . '~ZO>~ >\ : :~i~~: .......~. z o ~ c: z '" ~ :;! '" ~ ~ ,. If ) r / ..- -- ..... 53.72 ' I r \ , \ . \ \ ~ :;! '" ~ .:::. ... ~ II> ~ ~ 2 . I \ \ !!~\ :-"..IN eUl.o \ ...Su> I...., =0. i \ " , "," ",II> "\~ /'1';0 )(" /0 ,.., ~ % \ /~/ ~ /-r; :I: z~ f0]~ ~~ \ ~---r_ . ~'" - '-.:r ~g \ ~ ~~ \ \ 'Oit U \L UclJ ~ ~; 11 4t/+-' , p-/t)' ~\ ~\ I ~"'\ -U"'r <rf.-"..{-v,..... ~~ 114...-I~ Iglc4 i \ j>c/e S'J,'/ +.,..~ \ \ Vcl'.q, \ 'S1 fr .}~ -':......, \ :::. -- t::;,.. -r @ ..s':J6,2f' s;r r-r UNE OF lHE NE 1/U4NEOFOFlH~E 4 AND lHE 'M::ST '4 OF lHE NE 1/4. . 0 . ~~ Zt:7 t:7 Ot'il t'iI ':Z: ~ l>J ...0 ~~ N~ t:;3 Nt'iI <oCIl CIl ...:j ~... ... '-0 .~ ~ ~Z go ..... -;bl-II-L It,oo .s ~t, / (,/ .4 2 r 7 , \ -7 t:.- \\"'"i \ \ -7 t:.- ....- L.'7' L. _ - 329.29 - - - 40.....58 - NO..........S2.W :::. -- t> -r t II> I \ ~"'\ "'0 ~g ~" I ~)~ :t,~'.t'l, - ~ I j \ ~;oOO a~ \ ~\ ~ :::. -- t::;,.. -r ~~~ g _n ~~~ '" :z: gSil~ n~~ ~ g~ ..:cir"l 3 -~ !l'f_ c ~...... ~I'" b'PSiI ~ !D .:::.~a "'--1 ~~~ ~~r1 g~~ 2"'~ ]" [[il\ j \ ,;.;, \ Ul , " '01 -:-:' C;~ ~tI!. ~~ . <,'i l~ :::::: I oj I -' :I: I'" L ( C . . . , . . . 10/13/00 10:40 NO.025 [;102 MAGN.JSON LRW FIRM ~ 4308809 RESOLUTION NO. A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER PURSUANT TO THE JOINT RESOLUTION OF THE CITY A."I!lJ TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996. WHEREAS, the City of Stillwater as owner of the property described in Exhibit "A" has petitioned the annexation of land now devoted to park use and also for the annexation of that part of the right-of-way of Boutwell Road that lies within the orderly annexation area, p'W"Suant to the provisions of the Joint Resolutions as to Orderly Annexation. oime Ciry and Town of Stillwater, dated August 16,1996; and WHEREAS, the land is included within the area designated for orderly annexation; and WHEREAS, the Land is contiguous to the City. The Land is unimproved. The Land is proposed for further development for parks, open space and right-of-way. Municipal services such as water, sanitary sewer and storm sewer are available to the Land; and WHEREAS, Section 4.01 of the Orderly Annexation Agreement provided that the Land i3 "Phase IV" land and may be annexed to the City pursuant to Section 4.09 provided that the annexation will not create a level of growth that will not exceed a one hundred twenty (120) dwelling unit per year limitation; and \\'1IEREAS, that as of the date of this Resolution, 75 building permits for dwelling units have been issued for the Orderly Annexation Area and the number of allowed dwelling units (to the extent not built) aggregates each year. That as of Decernber 31, 1999, there was capacity for four h\Uldred eighty (480) dwelling units (one hundred twenty (120) for each of 1996, 1997, 1998 and 1999) in the Orderly Annexation Area, and that as oftbe date oftbis Resolution, there is capacity for four hundred thirty (430) dwelling units in the Orderly Annexation .-\rea without exceeding the growth limitations in the Orderly Annexation Agreement; and WHEREAS, it further appears to the City Council, that the annexation does not conflict, in any way, with the Joint Resolution Agreement ofllie City and Town of Stillwater, relating to ordedy annexation dated August 16, 1996. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater as follows: 1. That this Resolution be submitted) forthwith, by the City Clerk to the Executive Director of the Minnesota Municipal Board for the purpose of annexing the land described in Exhibit "An to the City an as provided by Subdivision 1 of Section 414.0325 of the Minnesota Statutes relating to orderly annexations within a designated area. 10/13/:ze; MAGNUSON Lqw FIRM ~ 4308809 NO. 026 10:40 2, For the purpose of this annexation proceeding, the City Council hereby determines that the land descnbed in Exhibit "A" is now or about to become urban and the City is capable of providing the services required by the area within a reasonable time. It is fu.'1her determined that the annexation of the City would be in the best interests of the Land 3. After the annexation, the real estate taxes, if any, with respect to the Land will be divided as provided by Section 7.03 of the Joint Resolution; however, since the land is devoted to park, open space and right-of-way, it is not expected to generate real estate taxes. BE IF FURTHER RESOLVED, that a map with the land proposed for annexation designated thereon in writing, will be marked as Exhibit liB" to this Resolution and submitted to the Minnesota Municipal Board along with a certified copy of this Resolution. BE IF FURTHER RESOLVED, that the Clerk submit copies of this Resolution with copies of the map to the Town Board of the Town of Stillwater and the Joint Powers Committee. Adopted by the City Council of the City of Stillwater this 17th day of October, 2000. CITY OF STILLWATER Jay 1. Kimble, Mayor ATTEST: Diane F. Ward, Clerk 2 003 , . . . , f 1 . . . 1~l/ 13/00 10:40 MAGNUSON LAW FIRM ~ 4308809 NO. 025 004 EXHIBIT" A" Parcell Frisbee Park Parcel 2 Boutwell Road ~ . I . . . , . . . MEMO October 13, 2000 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Possible fIrst reading of Ordinance amending Liquor Ordinance DISCUSSION: The City's Liquor Ordinance does not address management agreements and the effect of these agreements on liquor licenses. City Attorney Magnuson believes that it would in the City's best interest to amend the liquor ordinance to include management agreements and he has prepared the attached proposed ordinance. Also, under Section 43-73, Action on Application it is referenced that any person can be heard for or against a new license at a special or regular City Council meeting. Mr. Magnuson's and my interpretation is that a public hearing should be held on new liquor licenses. However, there is no procedure defmed as to how to inform the public. Mr. Magnuson recommends that this section be amended to include a public hearing which would be published 10 days prior to Council consideration of the new license. ACTION REQUIRED: If Council wishes to implement the above changes to the Liquor Ordinance, they should pass a motion approving the first reading of the ordinance. , DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF STILLWATER, . W ASIllNGTON COUNTY, MINNESOTA, AMENDING CHAPTER 43, LIQUOR, BY ADDING SECTION 43-63, SOOD. 17, MANAGEMENT AGREEMENT AND AMENDING SECTION 43-73, ACTION ON APPLICATION THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1. That Chapter 43 of the City Code, Liquor, is hereby amended by adding Section 43-63, Management Agreement, to read as follows: "Section 43-63, Management Agreement. A. No licensee under this chapter shall enter into a Management Agreement allowing another person to manage the licensed premises without providing the City Clerk with a copy of the proposed Management Agreement. B. Said Management Agreement shall state the true name, place and date of birth, and street resident address of managers referenced in the Management Agreement . B. Upon receiving a copy of the proposed Management Agreement, the City Clerk shall provide the Police Chief information necessary to perform background investigations on managers referenced in the Management Agreement. No Management Agreement shall become effective until it has been approved by the Chief of Police. C. If the Chief of Police determines that the proposed Management Agreement should not be approved, he shall notify the City Council which will provide the licensee the opportunity for a hearing before final action is taken by the City regarding the proposed Management Agreement. D. The City Council, in its discretion, shall have the right to refuse to approve a proposed Management agreement if it determines that such approval would not be in the best interests of the City. E. Failure to give the City written notice of the Management Agreement by an existing licensee shall be grounds for automatic revocation of the license. . , . . . F. If the Management Agreement provides that the manager will purchase or lease the licensed premises, the manager shall submit a completed license application to the City within thirty (30) days after the approval of the Management Agreement by the City. 2. That Chapter 43 of the City Code, Liquor, is hereby amended by Section 43-73, Action on Application, to read as follows: The city council shall investigate the applicant and the representations set forth in the application. Any person who wants to be heard either for or against the license shall be heard at a special or general meeting of the City Council. Notice of the public hearing containing date and time of the hearing to consider a new liquor license shall be published at least then days prior to the date of the hearing. The city council shall either approve or reject the application. If approved, the city clerk shall issue the license, providing the fee has been paid and the license approved by the state commissioner when applicable. No license shall be transferable by the licensee or to other premises that that described in the original application. 3. Effective Date. This Ordinance shall become effective upon its passage and publication according to law. \ . . . ty~j~ .v . . i~ 16 rr:.. ;;; H '.' 'I' ,';; :L~\ IJ1~~ b \8' :~ U \: th lb::J I OCT 1 1 2000 I =.:.::..:---------- I October 9, 2000 Mayor and City Council 216 North 4th St Stillwater, Mn. 55082 Gentlemen: We respectfully request your consideration providing Stillwater sewer hook-up to our property at 12490 North 75th St. which is located in Stillwater Township across from the Rutherford Elementary School. If this request is feasible we would like to know the cost involved and what the options are for payment of annexation to said property. Thank you for your cooperation. . . . 4 . . . (fJ(P-FYJ. FYI r illwater ~ ~1'. THE BIRTHPLACE OF MINNESOTA J ~fr. Dan Feia 1439 Lydia Circle Stillwater, MN 55082 Mr. Chuck Donnelly 1900 North 3rd Street Stillwater, MN 55082 Mr. Gary Kriesel 1451 Lydia Circle Stillwater, MN 55082 October 13,2000 Mr. Richard Colmier 714 S 7th Street Stillwater, MN 55082 Ms. Ju1ie Ann Gustanski 1134 Creekside Circle Stillwater, MN 55082 Re: Notice of vacancy on Charter Commission Dear Charter Commission Members: Ms. Nance Purcell 2001 Hazel Court Stillwater, MN 55082 Ms. Mary Ruch 1124 Nightingale Blvd. Stillwater, MN 55082 Mr. Wayne Anderson 713 N 5th Street Stillwater, MN 55082 I am writing to you pursuant to Section 15.07 of the Stillwater City Charter that requires that notice of vacancies be published in the City's official newspaper (i.e., Stillwater Gazette) and also mailed to all Charter Commission members. Therefore, please consider this letter as notice that a vacancy now exists on the Charter Commission due to the resignation of Bob Kimbrel, effective October 20,2000. Mr. Kimbrel's term expires on May 1,2002. I have enclosed Mr. Kimbrel's letter of resignation. The City has sent the attached notice of vacancy to the official newspaper (Stillwater Gazette) for publication on October 20,2000 and October 23,2000. Please feel free to contact me at 430-8801 if you have any questions in regards to this matter. Sincerely, ~F.0;:((~ City Administrator CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 ":l. NOTICE OF VACANCY ON THE STILLWATER CHARTER COMMISSION . This official notice is given by publication, pursuant to Section 15.07 of the Stillwater City Charter, which requires notice of vacancies to be published in the City's official newspaper upon a vacancy occurring on the Commission. Appointments to the Charter Commission will be made directly by the Chief Judge of the Tenth Judicial District. Anyone interested in an appointment is encouraged to send a letter of interest and resume to the Honorable Joseph Quinn, Chief Judge, Tenth Judicial District, Chambers, Anoka County Courthouse, Anoka MN, 55303-2489, no later than 30 days from the publication of this notice. By order of the City Clerk of the City of Stillwater this 20th day of October 2000. CITY OF STILL WATER Diane Ward, City Clerk . . . . - \----.. ._......._ ,~__'.'-.~._,_._,_,,_. ',_._' _ ~_ ......_....__'"'n ,_..,c_p ..__+~n'~__'-_..'" ...........p-_.....-..""-~~~..~...~.. ~_._,._-*- ~---- . , October 12, 2000 Mayor and City COllllCil City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear tvfayor and Council: I am hereby submitting my letter of resignation, effective October 20, 2000, from membership on the Stillwater Charter Commission and the Heritage Preservation Commission. I recently accepted an offer of employment that will require me to relocate to another state. Therefore, I vviIl be unable to serve on the Commissions. I have enjoyed my membership and service on the Charter Commission and the Heritage Preservation Commission. I am also proud of my past involvement vvith the Commissions. The members of these two Commissions have worked very hard over the years to help provide the citizens of Stillwater with a practical home rule charter and to safeguard the city's heritage. I vvish them continued success. I would like to thank the City Council for allowing me to serve the City of Stillwater. Although I look forward to my new job opportunity, I will miss all of the things that make Stillwater such a great community. Good luck and thanks again. Sincerely, ~j(~ Bob Kimbrel cc: Charter Commission Heritage Preservation Commission FYI Memo . DATE: October 13, 2000 TO: Mayor and City Council Chantell~~;' Director of Administration FROM: RE: New Employee Hires ENGINEERING/PUBLIC WORKS The City has hired Beth Neeck as a the EngineeringIPublic Works Secretary, effective September 11,2000. The City has hired Carlla Lingerfelt as Temporary Seasonal LaborlMaintenance Worker, effective October 12,2000. . POLICE and FIRE DEPARTMENTS The City has hired Linda Thompson as the PolicelFire Secretary, effective September 18,2000. FINANCE The City has hired Mary Swift as Sr. Account Clerk, effective October 11,2000. Recommendation No Council action is required. e . . . STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILLWATER MN 55082-4806 (651) 439-1675 FAX (651) 439-0012 4/470/ A-;~..6/G Board of Trustees Meeting Agenda Tuesday, October 10, 2000, 7 P.M. 1. Call to Order 2. Adoption of the Agenda A 3. Communications and Public Commentary I 4. Consent Calendar A. Adoption of Minutes B. Payment of Bills C. Monthly Activity Reports+ D. Other Activity Reports+ E. Web Site Usage Report* F. Director and Other Staff Reports+ G. Project Summaries+ H. Financial Report+ 1. Policy Review + A 5. The Library of the Future Discussion - Sense of Place D 6.2001 Board Vacancies D 7. Building Expansion Presentation D* 8. Internet Access Policy D 9. ML>\ Conference Report I 10.2001 Board Meeting Calendar A+ 11. 2001 Holidav Closing Schedule " - A+ 12. Other 13. Adjournment If you are unable to attend this meeting, please call Lynne (ext 18) or Ann (ext 17) before 1:00 p.m. on 10/11/00. N.B. Mark your calendars! Tom Gillaspy, State Demographer, will be the featured speaker for our annual joint board meeting on Thursday, November 9, 2000, at approximately 7 P.M. A=Action Item I=Information Item D=Discussion Item += Document in Packet "= Document to be Distributed at Meeting #=Document Previously Distributed Agenda Item 4. A. Stillwater Public Ubrary 223 North Fourth Street Stillwater Minnesota 55082-4806 . Tel. (651) 439-1675 Fax. (651) 439-0012 Minutes Board of Trustees September 12, 2000 Present: Bill Fredell, Nick Gorski, Bill Hickey, Rick Hodsdon I Pat Lockyear, Victor Myers, Sue Nelson, Jessica Pack, Mary Lou Rice. Absent: None. Staff Present: Lynne Bertalmio, Carolyn Blocher. 1. Informal discussion session began at 7:00 p.m. 2. Communications: A request was received for "Mixed Up Magic" and "The Best Book Ever"; a comment was received regarding the availability of the StarTribune; a compliment was made regarding our "excellent selection ot Business books"; an early warning was received regarding possible media sensationalism due to a new TV show airing locally; and the MCLU contacted us regarding the use of filtering software. 3. Ubrary of the Future discussion: A staffing "what if' exercise was held to develop potential . scenarios for future use. 4. 2001 Board vacancies: It was noted that there will be vacancies at the turn ot the year. Qualities desired in future Board members were discussed (with an eye on the upcoming Capital Campaign), and recruiting strategies were outlined. 5. 2001 Budget: Unaccustomed good news was received, as the Council made only minor revisions to our request in adopting a levy. Board members were reminded to thank their respective Council Member. 6. Facilities Initiative Document: Current draft was discussed. Presentation to Council is scheduled for 17 October at,4:30 p.m. 7. Internet Access Policy: MELSA is still investigating, and WCL has made no moves - at present we are on hold with this discussion. 8. MLA conference attendance: Various sessions were discussed, and attendees were identified. 9. Call to Order: The meeting was called to order (after the polls closed) at 8:27 PM by President Lockyear. 10. Agenda: Adopted; M/S/P Nelson/Rice. . . . . 11. Consent Calendar: Adopted, including bills in the amount of $18,008.48. M/S/P Hickey/Myers. Page 2 12. Policy Review - Criminal History Policy potential was discussed. "Employees and volunteers" and "employees" were revised to "personnel"; and "employment is offered" was amended to"employment is commenced". M/S/P Hickey/Hodsdon 13. Other: The Board will gladly support the Director in seeking positions of professional responsibility, such as MLA President. It was left to the discretion of the Director to determine appropriate positions to seek. 14. Adjournment: 8:45 p.m. Summary of Proceedings Washington County Board of Commissioners September 5, 2000 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Wally. Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absentnone. Board Chair Stafford presided Community Services Department Approval of the following reappointments to the Workforce Council to terms expiring June 30,2002: Molly Wellik, Large Business; Tom Yetter, Small Business; Earl Hall, Small Business; Jane Klein, Small Business; Sara Shore, Small Business; Jerry Turnquist, Municipalities; Jack Stoehr, Rehabilitation; Gerald Beedle, Labor; James Donovan, Labor, Jonette Zuercher, Post Secondary Education; and Pat Singel, Public Assistance. Court Services Department Approval to appoint Janet Wuorenma to the Community Corrections Advisory Board to fill an unexpired term to December 31, 2000. General Administration Approval of the following actions: August 22, 2000 Board meeting minutes; Don Dame, W oodbmy, distributed a letter and commented on the new Woodbury Library . regarding proposed options for drive through book returns and food service; Board workshop held to continue budget meetings with the County's Watershed Districts; Public meeting held to discuss and receive public comments on the proposed 2001 budget. Public Health and Environment Approval and execution by the County Board Chair and Administrator of an agreement with Forest Lake Township for distribution of curbside recycling funds in the amount of $73,017. Transportation and Physical Development Approval of the following actions: Resolution No. 2000-136, fmal payment to Mattson Lawn & Garden, Inc. for Chemical Weed Control; Amendment No.2 to Contract #284 with Short Elliot Hendrickson, Inc. in the amount of$49,800 for engineering design services for the CSAH 21/28 improvement project; Table the proposed contract with Wold Architects and Engineers for engineering work involved with remodeling the old W oodbmy Library for an indefinite period. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. . . Summary of Proceedings Washington County Board of Commissioners September 12, 2000 Present were Commissioners Bill Pulkrabek, District 2; Wally Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Dennis C. Hegberg, District 1, absent. Board Chair Stafford presided. Commissioner Reports - Comments - Ouestions Commissioner Pulkrabek addressed the "revolving door" policy in Minnesota related to criminal's incarceration by noting that another individual was released to allegedly commit the same type of offense he was previously convicted on. Community Services Department Approval of the following actions: Rename the Washington County Workforce Council to the Washington County Workforce Investment Board effective September 12,2000; Agreement with the Minnesota Department of Trade and Economic Development to operate the special Dislocated Worker Project for DiaSorin, Inc. between August, 2000 and September 30, 2001; . Workshop held to discuss the Metropolitan Area Agency on Aging. General Administration Approval of the following actions: Lease with Comfort Lake-Forest Lake Watershed District for subletting space in the Forest Lake City Hall on a month-to-month basis; Execution of a Limited Regional Parcel Data Version 1 MetroGIS Evaluation Pilot Project Data Distribution agreement with Metropolitan Council; Resolution No. 2000-137 adopting the Washington County proposed budget for payable 2001; Resolution No. 2000-138 certifying proposed property tax levies for Washington County payable 2001; ResolutionNo. 2000-139 certifying proposed property tax levy for Washington County Housing and Redevelopment Authority payable 2001; Primary election results will be available in the County Board room on September 12 beginning at 8:00 p.m. Metropolitan Inter-County Association to hold a candidate forum in the County Board room on October 3 beginning at 5:00 p.m., position statements will be made available to the County Board; Copies of updated information on allocation of county state aid highway funding in Minnesota were distributed to the County Board members; Board correspondence was received and placed on file. . Human Resources Department Approval to renew service agreement with Frank Madden & Associates for labor relations consultant. services through September 30,2001. Transportation and Physical Development Approval of the following actions: Enter into the Cooperating Technical Communities Memorandum of Agreement with the Federal Emergency Management Agency; and authorization to apply for a Cooperating Technical Communities Grant of $129,000 to provide funding to assist the County in defining unmapped areas and landlocked basins in the County; Advertise for public hearing on the proposed Right of Way Ordinance and schedule the public hearing for September 26, 2000 at 9:00 a.m.; Workshop held to discuss the proposed Washington County Right of Way Ordinance. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. . . . . . Snmmary of Proceedings Washington County Board of Commissioners September 19, 2000 '. Present were Commissioners Dennis C. Hegberg, District 1; Wally Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Bill Pulkrabek, District 2, absent. Board Chair Stafford presided. Assessment. Taxpayer Services and Elections Approval of one day on sale 3.2 percent malt liquor license for Courage Center, September 23, 2000 at Scandia Plaza. Commissioner Reports- Comments - Ouestions . The Commissioners reported on the following items: Red Rock Corridor to hold station location workshops as follows: September 21, St. Paul Park; September 26, Newport; and September 28, Cottage Grove; Commissioner Peterson to attend the first meeting of the Metropolitan Area on Aging Agency on September 22; Commissioner Stafford reported there was a good turn out at the Best Buy in Woodbury for recycling old electronic equipment such as computers and TV's; Commissioner Hegberg reported that the Rush Line Corridor met and indicated that the study and plans are proceeding. Community Services Department Approval of the following actions: Appoint Kay Ellingwood to the Workforce Investment Board as a Post Secondary Education representative, to fill an unexpired term to June 30,2001; Six month special project Social Service Supervisor; Amendment to the Plan Provider Participation Agreement which clarifies that in addition to Community Services, Public Health may also be reimbursed for pre-admission screening and case management services for elderly waiver clients. General Administration Approval of the following actions: August 29, 2000 Board meeting minutes; Resolution No. 2000-140, approving Washington County Community Development Grant Cooperation Agreements; Reappointment of the following individuals to the Comfort Lake-Forest Lake Watershed District: Richard Damchik, I-year term to September 22,2001; John T. Lynch, 2-year term to September 22, 2002; and Dennis G. Larson, 3-year term to September 22, 2003; Alternative implementation strategy and time line for implementation of the Water Governance Proj ect; . ResolutionNo. 2000-142, directing the Washington County Attorney's Office to file Brown's Creek Watershed District enlargement petition with the Board of Water and Soil Resources; Board correspondence was received and placed on file; Workshop held to review options for allocating Community Development Block Grant progr4 funds. Human Resources Department Approval to modify Section 15 of the County Personnel Rules and Regulations to permit use of paid sick leave and vacation for new employees after the completion of three (3) months of service. Public Health and Environment Approval of a twelve month special project Environmental Health Technician. Transportation and Phvsical Development Approval of the following actions: Contract with Allphase Companies, Inc. for the demolition of the Bayport Garage in Bayport; Resolution No. 2000-141, purchase of the Wallace Carlson property for the Big Marine Regional Park Reserve; Negative declaration on the need for an Environmental Impact Statement for the proposed Rumpca Excavating mining operation in Denmark Township; County Attorney to prepare resolution. A complete text of the Official Proceedings of the Washington County Board of Commissioners .. available for public inspection atthe Office of Administration, Washington County Government Cente , 14949 62nd Street N., Stillwater, Minnesota. . " . . . Summary of Proceedings Washington County Board of Commissioners September 26, 2000 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Wally Abrahamson, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absentnone. Board Chair Stafford presided. Assessment. Taxpayer Services and Elections Approval of Resolution No. 2000-143, County Board to exercise its authority to not reappoint the current County Assessor. Commissioner Reports ... Comments - Ouestions The Commissioners reported on the following issues: Commissioner Hegberg asked staff to look at the deductibles for the County's insurance; Commissioner Abrahamson presented the Board Chair with a petition signed by 54 residents of the Ann BodlovickApartments who are protesting a $30 a month rent increase proposed by the Housing and Redevelopment Authority; Commissioner Abrahamson asked for an update on the County Road 19 construction project; The County Engineer indicated that they are ahead of schedule and on budget, but if there is an overrun it would be very small; Commissioner Peterson reported she will be attending the Minnesota Transportation Alliance Conference which will discuss its legislative agenda for next year. Community Services Department Approval of the following actions: Local Service Unit Plan for Local Intervention from Grants for Self-Sufficiency; Board workshop held for an update on the concurrent permanency planning. Court Services Department Approval of the following actions: Appoint Debra Barnes, Hugo, to the Sentence to Service Advisory Board to a term expiring December 31, 2001; Appoint Shelley Elling to the Community Corrections Advisory Board as a Probation Officer representative to fill an unexpired term to December 31, 2000. General Administration Approval of the following actions September 5 and 12, 2000 Board meeting minutes; Resolution No. 2000-146, awarding the sale of general obligation capital improvement plan bonds, Series 2000A; fixing their form and specifications; directing their execution and delivery; and providing for their payment; I Board correspondence was received and placed on file. Human Resources Department . Approval of the following actions: Modified merit pay program for employees in the County Association of Supervisors bargaining unit; Report on the Minnesota Counties Insurance Trust Risk Management. Public Health and Environment Approval of the following actions: Modified agreement with Cottage Grove for distribution of curbside recycling funds in the amount of $44,868; Board workshop held to discuss the draft groundwater plan update process and time lines for completion. Ref!ional Railroad Authority Approval of the following actions: Regional Railroad Authority minutes from May 23 and July 25, 2000; Staff to prepare a lease agreement with the Hugo Subway Shop to expand its parking lot onto RRA right-of-way which is currently being used for the Hardwood Creek Trail. Sheriff's Office . Approval of Resolution No. 2000-144, authorizing execution of grant contract for the program entitled Operation NightCAP. Tran~ortation and Physical Development Approval of the following actions: Grant agreement with the Federal Emergency Management Agency for funding of $129,900 for floodplain mapping; Cancel public hearing for the proposed Washington County Right of Way Ordinance which was scheduled for September 26, 2000 and schedule a new hearing for October 10, 2000; Supplemental Agreement No. I to the plant mixed bituminous material inplace contract with Tower Asphalt, Inc.; Resolution No. 2000-145, rejection of bids received for north shop air handler replacement; Board workshops held to discuss funding sources for maintenance and construction of the County highway system and review of the Minnesota Department of Transportation's cost sharing proposal for the TH 61/I-494 Wakota Bridge Reconstruction project. 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Roll Call Consent Calendar Community Services Department - Suzanne Pollack, Supervisor 2000 Family Child Care Provider Week/Recognition of Child Care Providers Public Hearing-Transportation and Physical Development - Doug Fischer, Deputy Director Proposed Washington County Right of Way Ordinance Public Health and Environment - Jeff Travis, Program Manager Review Final Results of the Electronics Collection Project Held on September 15 and 16 6. 10:05 General Admini1iltration- Virginia Erdahl, Deputy Administrator 1. 9:00 2. 3. 9:00 4. 9:20 5. 9:50 WASHINGTON COUNTY Denn/a c. Hegberg DIatrfct 1 BII PuIbUek DIatrfct 2 W.., Abralwn...n DIatrfct 3 . Myra I'etw8On Dktri=t 4 DIcft Stafford Dktri=t 51Cbair COUNTY BOARD AGENDA OCTOBER 10, 2000, 9:00 A.M. 7. 10: 10 Discussion from the Audience 8. Visitol"3 may share their concsrns with the County Board of Commissionen on any item not on the agenda. The Chair will direct the County Administrator to prepare 1'e3pOnsu to your concerns. You are encouraged not to be rrpetitious of previous speaken and to limit your tzt:ldreu to five minutu. Commissioner Reports - Comments - Questions . Thi3 period of time shall be used by the Commi3sionel"3 to report to the full Board on committee activities, make comments on mattel"3 of interest and information, or raise questions to the staff This action i3 not intended to result in substantive board action during thi3 time. Any action necessary because of di3cussion will be scheduled for a fUture board meeting. 9. Board Correspondence 10. 10:30 Adjourn ************************************************************* Reminder: No Board Meeting October 31, 2000 - SthTnesday Date October 10 October 11 October 11 October 11 October 11 October 12 MEETING NOTICES Committee Time Location Personnel Committee Mental Health Advisory Metro 911Board Metronet :MICA Metro TAB Washington County Government Center Washington County Government Center 2099 University Avenue West - St Paul 1619 Dayton Avenue - St Paul Kelly Inn - St Paul 230 E. 51b St - Mears Park Centre 11:00 a.m. 4:00 p.rn. 10:30 a.m. 12:00 p.m. 2:00 p.rn. 12:30 p.rn. . A""i&t/ve lkltrming device" ere eveilebkl fo, u"e in the County 80em Room If :Lou need II-"i3tence due to di3sbilirt... or /s"nJlu,!ge be"ie'(,pJe_e cell 430-6000 (roo 439-322()) EuUAL EMPLOYMENT OPPORTUNITy I AFFIHMA TIVE ACTION EMPLOYER W ASHlNGTON COUNTY BOARD OF COMl\.1ISSIONERS CONSENT CALENDAR * OCTOBER 10,2000 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Assessment, Taxpayer Services and Elections . Public Health and Environment Transportation and Physical Development . ITEM A. Approval of the September 19 and 26,2000 Board meeting minutes. B. Approval of resolution, acceptance of the Cargill Water Matters Mini-Grant for the 2000 Metro Children's Water Festival. C. Approval to appoint Donald L. Pereira, Cottage Grove, to the South Washington Watershed District B oard ofManagers, to fill an unexpired term beginning November 1, 2000 through May 1,2003. D. Approval of resolution, classifying list of tax-forfeited parcels as non-conservation and that it is in best interest to authorize the sale or conveyance of said parcels. E. Approval of resolution authorizing the repurchase of tax-forfeited parcel, 34.032.21.34.0007 by James L. Organ, previous owner. F. Approval to submit grant application to the Minnesota Department of Health for Part V - Youth Access Enforcement Projects of the Minnesota Youth Tobacco Prevention Initiative. G. Approval to establish a fifteen member Groundwater Advisory Committee to be appointed by the County Board for the purpose of advising the County of the development, content, and implementation of the Washington County . Groundwater Plan; and approve the p€lyment of per diem at $35 per meeting and mileage reimbursement at the raL~ designated by the County Board of Commissioner's expense reimbursement policy. H. Approval of resolution to request funding from the Minnesota Department of Transportation through the Municipal Agreement Program for the CSAH 211CSAH 28 hnprovement Project. 1. Approval and execution of a cooperative construction agreement with the City of Forest Lake and Forest Lake Township. *Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. c c ,- /v f ,'7 fo -- Auociation of Metropolitan Municipalities If'~' tJ01 ,.. o ,J . DATE: October 5, 2000 TO: Mayors, Manager/Administrators and Councilmembers FROM: Gene Ranieri, Executive Director RE: Seeking Applications for the Tra.'1spQrtation Advisory Board (TAB) There will be four vacancies for elected city officials on the Transportation Advisory Board (TAB) commencing Jan. 1,2001. This is a two-year appointment and officials will be eligible for reappointment thereafter. Applications may be either mayors or councilmembers. The TAB is an important transportation advisory body which provides input to the Metropolitan Council on selection of projects to receive federal transportation funds. It fulfills a federal requirement that local elected officials be a part of the selection process thus allowing the Metropolitan Council to be designated as this area's . Metropolitan Planning Organization (MPO). The TAB helps coordinate transportation planning, implements the solicitation process for federal TEA21 funds, adopts the regional transportation improvement program (TIP-$2 billion), and participates in the Metro Transportation Policy Plan (TPP) development. Positions being filled are from cities in Anoka, suburban Hennepin, Washington, and the south metro area including Dakota, Scott and Carver counties. The Board considers criteria such as city size, metro location, gender and relevant experience. The Board at its Nov. 9 meeting will consider all nominations. The Metropoiitan Council will then approve the Board's nominees. Interested persons should send a cover letter and resume to the AMM office no later than Wednesday, Nov. 8,2000. If you have questions or need additional information, please call me at 651-215-4001. LIT AB.I O-OOsolicitalion.doc 145 University Avenue West Saint Paul, Minnesota 55103-2044 . Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail: amm@amm145.org . . . Stillwater Township October 12,2000 Chair: Hicks 7:00 p.m. Regular Meeting Call To Order A2enda: Adopt Minutes: Approve Minutes: September 28, 2000 I Maury Stenerson - Town Hall Bid Specs. Treasurer: 1. Claims & Checks Attornev: 1. -r;-wer ~(h(9((L-f-cvL,.l..LkyU 1. Planner: En2:ineer: 1. Public Works: 1. Clerk: 1. Miscellaneous Letters Committees: 1. Park Report People: 8:00 PM: Eileen Sexton 8: 15 PM: Duane Laabs Old Business:. 1. New Business: 1. Adiourn Notes: Claims Please 10/07/2000 Pat Bantli J (} C --IIJi/7(t?O CITY OF MONTGOMERY Incorporated in 1902 LESUEUR COUNTY, MINNESOTA 201 ASH AVENUE WEST MONTGOMERY, MN 56069 TELEPHONE 507-364-8888 . October 3,2000 IRi '7::' fA; ;-...,:""::~ .Ill. II;; \~!E if \\;~.-i0\ I .:::." !I~~ll nr r "- Ii ?nn,., ! Dear Neighboring City Official: The City of Montgomery is extremely pleased to be hosting the 2000 League of Minnesota Cities (LMC) regional meeting for our area on Wednesday, November 1, 2000, at the Historic Hilltop Hall, We hope that many of the elected officials and appropriate staff from your city will join us. Attached is an agenda for the day. Come and learn about the resources ofLMC and the Insurance Trust that can now be easily accessed via the Internet. Find out, too, how LMC can help your city have its own effective and relatively inexpensive Website. Following the break, you'll learn about how the high-tech, information age is changing what cities have to do to comply with open meeting and data practices laws. After that, the League's lobbying staff will engage us all in a dialogue about important upcoming issues like property tax reform and telecommunications restructuring. . The social hour offers a great time to reconnect with old friends and make some new ones. When that's over, we've planned a dinner with a delicious Czech cuisine. The evening program promises the next edition in the annual "Buzz Olson" video series, this year focusing on LMC's new initiative "Building Quality Communities" designed to help all of us do a better job of connecting with our citizens in a positive way. The evening will also include an update of how to engage the youth of your city in mutually beneficial ways. All in all, it promises to be a great day for cities in our region. The program is strong, the food will be tasty, and the networking unsurpassed. You won't want to miss out, so send in your reservation on the enclosed form. All of us in Montgomery look forward to seeing you on Wednesday, November 1. J es Mladek Mayor City of Montgomery . . . . LMC 145 University Avenue West, St. Paul, MN 55103-2044 phone: (651) 281-1200 · (800) 925-1122 Fax: (651) 281-1299 · roD (651) 281-1290 Web Site: www.lrnnc.org kague of Minnesota Cities Cities promoling excellence 2:00 WELCOME AND OVERVIEW OF DAY Kevin Frazell, Director of Member Services 2:05 OVERVIEW AND DEMONSTRATION OF LMC SERVICES AVAILABLE VIA THE WEB Brian Still, Web Communications Coordinator Erica Norris, Publications Manager (f) (9 Z I- W W ~ -l <( Z o - (9 W 0:: o o o N -l -l <( LL 0:: o LL <( o z w (9 <( 2:50 WEB SERVICES AVAILABLE FOR YOUR CITY THROUGH LMC Mary-Margaret Zindren, Assistant to the Executive Director 3:00 BREAK 3:15 DATA PRACTICES, RECORD KEEPING, AND OPEN MEETING LAw COMPLIANCE IN THE HI-TECH AGE LMC Legal Staff 3:45 LEGISLATIVE ISSUES FOR THE 2001 SESSION LMC Intergovernmental Relations Staff 4:15 WHAT'S NEW AT LMC: ~ STRATEGIC INITIATIVES ~ ,4M Fund Update ~ LMCIT Programs and Coverages Jim Miller, Executive Director 4:30 "AROUND THE TABLE" DISCUSSION OF HAPPENINGS IN AREA CITIES Tom Thelen, Field Representative 5:15 INTRODUCTION OF LEGISLATORS, LEGISLATIVE CANDIDATES, AND OTHERS Kevin Frazell 5:20 SOCIAL TIME AND DINNER 7:00 WELCOME FROM HOST MAYOR 7:10 LMC PRESIDENT REMARKS Gary Doty, LMC President 7:25 INTRODUCTION TO EVENING PROGRAM Jim Miller, LMC Executive Director 7:30 POSITIVE YOUTH DEVELOPMENT IN YOUR CITY Kayla Boettcher, LMC America's Promise Fellow 8:00 "BUILDING QUALITY COMMUNITIES" Laura Petersen, LMC Public Relations Coordinator 8:45 ADJOURN AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER HILLTOP HALL . Regional Meeting Site November 1 The Hilltop Hall is a building listed on the National Historic List of Landmarks, The scale and attention to design have made this building a key element in the Czech community of Montgomery, providing a visual focus and a popular meeting place as well as commercial space for area businesses for nearly a century. The Hilltop Hall is situated on the west side of First Street on a rise at the northern edge of Montgomery's , principal business district. The size and hilltop location overlooking the railroad tracks and the eastern residential area of town lend prominence to the building. The Hilltop Hall, at 206 151 Street North, was constructed in 1892 by Mathias Prochaska. He put a lot of hard work and effort into erecting the beautiful building. The commercial structure is two stories high and constructed of buff colored brick. The first floor fa~ade is comprised of two intact storefronts featuring metal supports, a secondary cornice, and recessed central doorways framed by large windows. Tall paired windows capped by window hoods in contrasting red brick occupy each of the three bays on the second floor. The raised-seam metal truncated hip roof is broken by a gable over the center front bay. Prochaska originally constmcted the Hilltop Hall for the commercial use of his dancehall and saloon. The dance hall was used for wedding dances, and other formal use, while the saloon was a popular gathering place for the townspeople. The building is two stories in height. The first story had multiple purposes. The north side of the first story was originally used as a general store, and has been used as Jiving quarters, a furniture store, and is today used as Montgomery's Heritage Hall. The south"side of the first story started out as the saloon, then during Prohibition, the whole first floor became a furniture store, then became the laundry mat and is now a coffee shop and bookstore. The second story was originally used as the dancehall, later used as Munsingwear in 1943 to the 1959, and then also used as storage, The back of the building (west side of building) was used as residential space. . The HiIltop Hall is now owned by John Grimm and is used for commercial use. In 1992 he bought the hall, and immediately started restoration of the building. He spent approximately $27,000 replacing and refurnishing the electrical, water pipes; drain lines, furnace heating, insulation, and smoke detectors. The old leaky ceiling was also repaired. John Grimm hired Victor Garcia, a local artist, to restore the old murals that were originally painted by a Mr. Cermak. The building retains a significant degree of original design integrity, however the Hilltop Hall has gone through many changes over the years. When the Hilltop Hall was originally built, the stage was on the east wall, instead of the west wall where it is now. There was also a wooden bench around the perimeter for the older people to rest and visit, while the young people danced and had fun. . . 0\ \0 Z 0 \0 0 V) ~oo 00 ~ Zoo ~ ogg ~~ ~ ::c' <~ Cl.l ~;'}; E-c~ 8 ~<"\ 0 -.4' O~ OJ) ~r-- fA fA fA fA fA fA C E--~ E-c~ 0 ~ ::E Z < 00 0 E-c r-- 00 0 l< ~~~ E-c 0 ~ O~~ 0 0 0 0 0 ~ 0 E-cZ~ 0 0 0 0 0 Z ooZ~ V) V) V) V) V) ~~ 0.; O_~ ...... ...... ...... ...... ~ U~~ fA fA fA fA fA ,-,g Cl.l ~ CI.l @ @ @ @ @ Cl.l ~ .~ 0 rn rn rn rn rn 4.) Q) Q) 4.) 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Z ....:l ....:l ....:l ....:l ....:l CI.l ~.... en p::: >.'" ~p::: ...... ~ ~ ~ ~ ~ ~ ~ <<l ;:j >~ Ol) ...... ...... ...... ...... ...... ~ 0..8 <x:::E Q) ~ ~ ~ ~ ~ E-- ~ s:: ::cO l-< E-c - - - - - U C) 0 Q) 00 v.... enf2 I:il I:il I:il I:il I:il ~ ..c:.... en - C),tJ . <x:z t'j '-' ~ ~ ~ ~ ~ Cl.l '" -0 Q) ~ < < < < < ~.... ....... 0 <<l OJ) g::E ~ Z Z Z Z Z U ::E~ l. 2. 3. 9:00 9:00 4. 9:05 5. 6. 9:15 9:25 7. 8. 9. 9:45 10. 10:45 11. 10:45 12. 11:15 to 11:45 WASHINGTON COUNTY Dennis C. Hegberg District 1 Bill Pulknbek District 2 W8lJy Abraham.... District 3 Myno Pete....n District 4 Dick Stafford District 5/Chalr COUNTY BOARD AGENDA OCTOBER 17, 2000 9:00 A.M. Roll Call Consent Calendar Public Hearing - Assessment, Taxpayer Services & Elections - Molly O'Rourke, Director . ~ Authorizing a Levy Certification Tax Rate Increase for Taxes Payable in 2001 Public Health and Environment - Judy Hunter, Senior Program Manager Increase in the RamseylWashington Resource Recovery 2000 Budget General Admini~tration - Jim Schug, County Administrator Discussion from the Audience Visito1"3 may sharB their concerns with the County Board of Commissione1"3 on any item not on the agenda. The Chair win direct the County Administrator to preparB responses to your concerns. You arB encouraged not to be repetitious of previous speake1"3 and to limit your address to five minutes. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioner.; to report to the full Board on committee activities, make comments on matter.; of interest and iifomurJion, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Executive (Closed) Session-Assessment, Taxpayer Services & Elections-Molly O'Romke, Dir. Discuss Status of Zimmerman et al v. County of Washington Adjourn Charitable Fond Cainpaign Reception Board Workshop with Public Health and Environment .Minnesota Youth Risk Behavior Endowment ************************************************************* Reminder: No Board Meeting October 31,2000 - 5thTuesday Date October 17 October 17 October 17 October 18 October 18 October 18 October 19 MEETING NOTICES Committee Time Location Housing and Redevelopment Authority Board Employee Recognition Dinner Public Health Advisory Committee Plat Commission Transportation Advisory Board Rush Line Task Force Workforce Investment Board 4:30 p.m. 6:00p.m. 5:30p.m. 9:30 a.m. 2:00 p.m. 3:30p.m. 7:30 a.m. 321 Broadway - St Paul Park Oak Glen County Club Washington County Govermnent Center Washington County Govermnent Center 230 E. S1h Street - Mears Park Centre White Bear Lake City Hall Washington County Govermnent Center . Auistive htening devic,u. .ra .v.iI.ble for II8fI in the County Bo.rd .Room . If :tou ~ _mllnee due to disllbifitoL or lep!J.u~e bllrrle'("p"Ie- elln 430-6000 (TDD 43s..322QJ EuUAL EMPLOYMENT OPPORTUNITy I AFFIHMATIVE ACTION EMPLOYER f . . WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 17,2000 The following items are presented for Board approval/adoption: DEP ARTl\tIENT/AGENCY ITEM Assessment, Taxpayer Services and Elections A. Approval to set the Truth-in- Taxation hearing for 7 :00 p.m. on December 7, 2000 and to set a continuation hearing for 7 :00 p.m. on December 19, 2000 if needed. Community Services B. Approval of revised bylaws for the Community Social Service Advisory Committee. Human Resources C. Approval to substitute the position of Transportation Engineer (supervisory) for an Engineer IT (non-supervisory) position to manage the Traffic Section of the Transportation Division. D. Approval to convert a special project Utility Shift Supervisor to a regular status supervisory position. eblic ,Health and Environment E. Approval of citizen tipping fees as recommende,d by the Ramsey/ Washington County Resource Recovery Project. . *Consent Calendar items are generally defined as items' of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. . .. . . . . -- Association of Metropolitan Municipalities ocr 4 .-,,- v . DATE: October 4, 2000 TO: AMM Members FROM: AMM Staff RE: 2001 Legislative Policies (Draft) Policy Priorities Form Policy Meeting Flyer Enclosed is a draft of the AMM's 2001 Legislative Policies, a Policy Priorities form and a flyer advertising the AMM Policy Adoption Meeting. . All members have the opportunity to debate and adopt the policies at the Policy Adoption Meeting, which is scheduled for Thursday, Nov. 9, 2000 at the League of Minnesota Cities (LMC) building from 5-7 p.m. If you plan to attend, please call Laurie at 651-215-4000 by Friday, Nov. 3. We need your help in determining which policies the AMM should focus its time and resources on during the 2001 Legislative Session. Please review the enclosed Policy Priorities form and indicate your top five priorities. Please fax your completed form to the AMM office at 651-281-1299 by Thursday, Nov. 9. (You may also bring your completed form to the Policy Adoption Meeting.) Should you have any questions, please call us at 651-215-4000. Thank you for your assistance! . 145 University A venue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail: amm@amm145.org . . . NAME: CITY: AMM POLICY PRIORITIES (2001} . Please review the following list of priorities submitted by each of the AMM's four policy committees and indicate the top five priority policies you think the AMM should focus its time and resources on during the 2001 Legislative Session. Fax comvleted form to: 651-281-1299. (1 = highest priority; 5 = lowest priority) I-A Levy Limits (Revenue) I-B/C Local Aid (Revenue) I-K Class Rate Tax System (Revenue) I-O Public Employees Retirement Association (PERA) Under-Funding (Revenue) II-A Mandates & Local Authority (General Legislation) ill-D Minnesota Housing Finance Agency (MHF A) Program & Appropriations (Housing & Economic Development) - ill-H Economic Development Responsibilities (Housing & Economic Development) . - III-J Development Tools (Housing & Economic Development) - ill-K Workforce Development (Housing & Economic Development) - IV-F Local Plan Implementation (Metropolitan Agencies) - IV-K Metropolitan Council: Method to Select Members (Metropolitan Agencies) - IV-N Water Supply (Metropolitan Agencies) IV-O Regional Wastewater (Sewer) Treatment Systems (Metropolitan Agencies) V -A Transportation Funding (Transportation) V -B Regional Transit System (Transportation) V-C Metro Transit Property Tax (Transportation) V-G Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (Transp.) Other: . Association of Metropolitan Municipalities (AMM) 145 University Ave. w., St. Paul, MN 55103 I Phone: 651-215-4000 I Fax: 651-281-1299 Email: amm@amm145.org . . e . . . - Association of Metropolitan Municipalities Da te.' Time.' Where.' Cost.' Oct. 4, 2000 2000 Policy Adoption Meeting Thursda~Nov. 9, 2000 5-7 p.m. League of Minnesota Oties Building (LMe) 145 University Ave. If St Paul, MN 55103 FREE!! The Policy Adoption Meeting is one of two major meetings the Association of Metropolitan Municipalities (AMM) holds each year for YOU -- the membership. All mayor~ councilmember~ managers and administrators, as well as city staff are welcome to attend This year; we will again have a more compad meeting format A 45-minute social featuring light hors d'oeuvres wiH begin at 5 p.m., followed by the business meet- ing from 5:45-7 p.m. There is NO charge to attend the social and/or meeting. This is your opportunity to debate and adopt the AMM's 2001 Legis/ative Policies and to determine the top priority issues the AMM wiH spend much of its time and resources on during the 2001 Legislative Session. Oties are encouraged to send more than one representative to contribute to the policy discussion. Please R.5.1I.f? by calling Laude Jennings at 651-215-4000 by Fdda~ Nov. 3. Vote on the AMM's 200 1 Legislative Policies. Determine AMM's 2001 lobbying pdorities. Network with your metropolitan peers. 145VniversityAve. W. #St Paul,NN 55103 # Phone: 651-215-4000 #Fax:651-281-1299 #Email.-amm@ammI45.org This Ryer has been mailed to all ANN mayors, councilmembers and managers/administrators. LMC Building . Association of Metropolitan Municipalities (AMM) 145 University Ave. If 'St Paul, Minnesota 55103 Phone: 651-215-4000' Fax: 651-281-1299 Emai/.' amm@amm 145.org - Highway 36 Maryland Ave. Sherburne Ave. ~ University Ave. ~ State I Capitol I V') <U Office ~ u V') i::i: Bldg. c: 0 UJ 'C Lf) rd 1-94 m :E: . Located one-half mile north of 1-94 at the corner of Rice Street and University Avenue. Please park in the west parking lot and enter the building through the west entrance. e . January 2001 DRAFT . Legislative POLICIES . Association of Metropolitan Municipalities 145 University Ave. W. . St. Paul, Minnesota 55103-2044 Phone: (651) 215-4000 . Fax: (651) 281-1299 E-mail: amm@amm 145.org . . . Municipal Revenue & Taxation (I) Levy Limits (I-A) Local Government Aid (LGA) (I-B) Homestead & Agricultural Credit Aid (HACA) (I-C) Tax Exempt Property (I-D) Sales Tax on Local Government Purchases (I-E) Development Access Fees (I-F) Price of Government (I -G) Fiscal Disparity Fund Distribution (I-H) Personal Property Taxation: Electric Utility (I-I) Revenue Diversification (I-J) Class Rate Tax System (I-K) Limited Market Value (I-L) Smart Growth Incentives (I-M) City Revenue Stability & Fund Balance (I-N) Public Employees' Retirement Association (PERA) Under-Funding (I-O) . v . Table of Contents 1 1 1 1 2 2 2 2 2 3 3 3 4 4 4 General Legislation (II) . Mandates & Local Authority (II-A) Public Right-of-Way (II-B) Witness Fee Costs (II-C) 7 7 7 2001 Legislative Policies Table of Contents 911 Telephone Tax (II-D) 800 MHz Radio System (II-E) Permit Approval: Zoning/Denial Findings (II-F) Elections: Alley System Authority (II-G) 7 8 8 8 . Housing & Economic Development (III) Livable Communities Act (III-A) State Housing Policy (III-B) Federal Housing Policy (III-C) Minnesota Housing Finance Agency (MHF A) Programs & Appropriation (III-D) Tax & Public Finance Policy (III-E) Affordable Housing Barriers (III-F) Homelessness (III -G) Family & Elderly Housing (III-H) Community Housing Land Trusts (III-I) Economic Development Responsibilities (III-J) Tax Increment Financing (TIF) (III-K) Property Tax Reform Impact on TIF (III-L) Development Tools (III-M) Workforce Development (III-N) Building Permit Fee Surcharge (III-G) Group Homes (III-P) 9 10 11 11 12 13 14 14 . 15 15 16 17 17 18 19 19 Metropolitan Agencies (IV) Introduction: Metropolitan Governance Structure Purpose of Metropolitan Governance (IV-A) 21 22 e ii 2001 Legislative Policies Table of Contents . Regionally Provided Services: Funding (IV-B) Regional Systems (IV-C) 22 22 . Coordination of Local & Regional Plans (IV-D) 23 Growth Management Strategy (IV-E) 24 Local Plan Implementation (IV-F) 24 Metropolitan Council Focus on Planning (IV-G) 25 Budget Process & Work Program Evaluation (IV-H) - 25 Criteria for Extension of Metropolitan Governance Authority (IV-I) 26 Restructuring of Metropolitan Agencies (IV-I) 26 Metropolitan Council: Method to Select Members (IV-K) 27 Parks & Open Space: Operation & Maintenance Capital Funding (IV-L) 28 Surface & Groundwater Water Management (IV-M) 29 Water Supply (IV-N) 30 Regional Wastewater (Sewer) Treatment System (IV-O) 30 Waste Stream Management (IV-P) 30 Transportation (V) Transportation Funding (V-A) Regional Transit System (V-B) Metro Transit Property Tax (V-C) Transportation Utility (V-D) Highway Turnbacks & Funding (V-E) 33 33 34 34 34 . '3C' Transportation Planning Process: Elected Officials Role (V-F) Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (V-G) 35 35 2001 Legislative Policies iii Table of Contents Airport Noise Mitigation (V-H) Traffic Control Devices (MNjDOT Administrative) (V-I) 35 36 Committee Rosters (VI) 2000-01 Housing & Economic Development Committee 37 2000-01 Metropolitan Agencies Committee 38 2000-01 Municipal Revenue & Taxation Committee 39 2000-01 Transportation & General Government Committee 40 iv 2001 Legislative Policies . . . . Municipal Revenue & Taxation (I) Levy Limits (I-A) The AMM strongly opposes levy limits and urges the legislature to not re-enact them for 2002 or beyond. The AMM also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy, or other limitations to the local government budget and taxing process. Local Government Aid (LGA) (I-B) . Local Government Aid (LGA) returns a portion of statewide resources to supplement local property taxes. The AMM supports its continuation with an annual inflation index, along with additional state resources to further reduce the reliance on the property tax. In addition, any LGA formula changes considered by the legislature must have a positive impact on the metropolitan area. Homestead & Agricultural Credit Aid (HACA) (I-C) The Homestead and Agricultural Credit Aid (HACA) equals about one-third of the total local aid and should be continued as part of the local fiscal relationship, with an inflation or increased household growth factor restored for cities. If HACA continues to be used to offset lower valued home tax increases as a result of class rate compression, the legislature should provide an ongoing HACA index to offset continued tax shifts after the initial year. The AMM strongly opposes the conversion of city HACA to school aid. Tax Exempt Property (I-D) . The AMM encourages the legislature to authorize cities to establish a program of payments in lieu of taxes by tax exempt governmental and non-governmental organizations, except constitutionally 2001 Legislative Policies Municipal Revenue & Taxation exempt property (churches and schools) for the cost of services such as police, fire and streets to their facilities. . Sales Tax on Local Government Purchases (I-E) The legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. Development Access Fees (I-F) The AMM supports authorization for cities to impose Development Access Fees for roads and stormwater control. In order to fairly provide for major street and stormwater improvements of primary benefit to a particular subdivision development but not directly assessable and to allocate cost so that new growth pays its fair share, the legislature should authorize cities to establish at their option a road and/ or stormwater development access charge to be collected at the time that subdivisions are approved and/ or at the time building permits are issued similar to park dedication fees. Price of Government (I-G) . The price of government calculation in regard to local governments should be based on (1) changes in the sum of the levy and state aids, and (2) examination of long-term trends, not single year events. In addition, consideration should be given to service provision transfers between governmental units, increased demand for services by citizens and legislative mandates or tax rate changes. Fiscal Disparity Fund Distribution (I-H) The AMM opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. Personal Property Taxation: Electric Utility (I-I) The AMM opposes proposals for exempting the Investor Owned Utilities (IOUs) from the personal property tax. Under no circumstances should local units of government and their taxpayers be required to shoulder the burdens of tax relief for IOUs. . 2 2001 Legislative Policies . . . Municipal Revenue & Taxation The personal property tax is a significant portion of the metropolitan fiscal disparity pool and, if eliminated, would have a metropolitan-wide property tax impact. Revenue Diversification (I-J) The AMM supports revenue diversification for cities to reduce the reliance on local property taxes. Some examples include authorization for local sales taxes, payments in lieu of taxes, franchise fees, deed taxes to remain with city, development impact fees, or the creation of a separate income/ sales tax fund that would grow with the economy. The AMM opposes legislated reduction or limitation on various license fees, development fees, or other general fees which would force increased property tax to pay for related services. Class Rate Tax System (I-K) The AMM opposes a change from the class rate tax system to a market value system, which would cause tremendous shifts of tax burden between classes of property, or applying future levy increases to market value, since this would further complicate the property tax system. Limited Market Value (I-L) The AMM strongly opposes further extension of artificial limits in valuing property at market for property taxation purposes. Limiting market value increase on existing property to a non- market index or set rate will cause various property tax system problems. Similar properties will be taxed differently if new or sold and improvements will be discouraged. Tax shifts will occur mainly on lower valued homes and the ability to issue bonds may be adversely affected. Finally, it will be politically difficult as well as costly to persons owning long-term capped properties when it becomes necessary to sunset due to vast differences in tax liabilities for like properties. The AMM believes that enhanced targeting for special circumstances such as low-income persons better serves the tax system. 2001 Legislative Policies 3 Municipal Revenue & Taxation Smart Growth Incentives (I-M) The legislature should enact financial incentives for cities to encourage smart growth and affordable housing in the form of a state appropriation to offset capital and administrative costs. A smart growth incentive should be a separate supplemental aid program, not part of the current local government aid fund or distribution formula. . City Revenue Stability & Fund Balance (I-N) The legislature should not attempt to control or restrict city fund balances. These funds are necessary to maintain fiscal viability to meet unexpected or emergency resource needs of city governments, to purchase capital goods and infrastructure, provide adequate cash flow and to maintain high-level bond ratings. Public Employees' Retirement Association (PERA) Under-Funding (1-0) Recent analysis has demonstrated that the PERA coordinated plan has been using overly-optimistic actuarial assumptions for several years. The plan is expected to need additional funding of more than . $100 million a year over the next 25 years to cover projected pension benefits. If the additional funding comes exclusively from employer and employee payroll contributions, the increased contributions would be 30 percent higher than current levels. Contribution rate increases may reduce employee's take-home pay, strain local budgets and result in property tax increases. City officials recognize that employer and employee contribution rate increases are an important part of the funding solution. To reduce the magnitude of the increases, the Legislative Commission on Pensions should consider the following alternatives: . Supply PERA with state aid funded through reduced contributions to the Teachers' Retirement Association (TRA) and the Minnesota State Retirement System (MSRS). In 1984, PERA and MSRS sufficiencies were similarly transferred to TRA when it was under-funded. . Implement pro-rated service credit. PERA is the only major Minnesota pension plan that awards a full-year's service credit to part-time employees. . 4 2001 Legislative Policies Municipal Revenue & Taxation . . Exclude all seasonal employees from participation in PERA. . Explore the possibility of former employees taking refunds by offering a portion of employer contributions as part of the refund. . Reduce the guaranteed interest for deferred members' benefits. . Increase the plan's vesting period from three to five years prospectively. . Increase the amortization period for the plan's unfunded liability from 20 to 30 years. . Restructure the POST fund in one or more of the following ways: 1. Eliminate the post-retirement fund and combine the assets and liabilities of retirees with the active fund. . 2. Redirect some POST fund earnings to the active funds. Currently, retirees are given all the benefits of high rates of investment return; and are also guaranteed annual increases even in years of poor investment performance. 3. Pay excess mortality costs (when pensioners live longer than expected) out of the post-retirement fund rather than the active pension funds. 4. Spread POST fund investment returns over a 10-year period rather than a five-year period. . Not approve any benefit changes which increase the ongoing cost of the plan. . 2001 Legislative Policies 5 Municipal Revenue & Taxation 6 2001 Legislative Policies . . . . . . General Legislation (II) Mandates & Local Authority (II-A) The AMM opposes statutory changes which erode local control and authority or create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. New unfunded mandates cause increased property taxes which impedes the ability to fund traditional service needs. Public Right-of-Way (II-B) The AMM supports the continued effort of the League of Minnesota Cities (LMC) to protect the authority of cities to maintain jurisdiction over municipal public rights-of-way, to establish relevant criteria and to obtain reasonable compensation for its degradation and to retain franchise and fee collection authority for gas, electric and cable services. Witness Fee Costs (II-C) Since one-third of fines for city-related prosecutions remain with the county and adequately fund this cost, the AMM opposes shifting witness' fees from counties to cities for these actions. 911 Telephone Tax (II-D) The AMM supports the current distribution of the 911-access fee and the limit of 30 cents per line per month to offset basic maintenance costs and enhanced upgrade. Any fee granted legislatively in excess of 30 cents should be returned directly to the municipality or public safety answering provider (PSAP) where collected. Fee increases granted by the legislature should be a specific amount not a general authorization and only for a specific purpose. Phase 2 Wireless enhanced 911 costs should be recovered from a direct charge to cell phone users. 7 2001 Legislative Policies General Legislation 800 MHz Radio System (II-E) The AMM supports the continuation of the Metropolitan 800 MHz Radio System legislation and board, as long as cities are not forced to modify their current systems or become part of the 800 MHz Radio System until they so choose. The system should provide a phased transition guaranteeing uninterrupted service and be technically capable of allowing communities the flexibility to form various coordinated arrangements for dispatching and service provision. In that one of the prime advantages of this system is the fact that local public safety agencies and other units of local government throughout the region will be able to communicate with each other, regional funding of the entire system should be considered. Any such funding should take into account the reasonable useful life of current systems. . Permit Approval: Zoning/Denial Findings (II-F) The permit approval statute delineating time limit requirements should be modified so that in the case of a rezoning or issues requiring super-majority votes, a motion such as a motion to table that extends action beyond the 60- or 120-day time requirement constitutes a denial, not an approval in order to uphold the super . majority requirement of the zoning statute. Current law provides automatic approval if no action is taken. In addition, if an approval resolution fails for any permit request the city should be allowed by statute to provide a denial resolution with findings of fact at the next regular meeting or granted an automatic time limit extension. Elections: Alley System Authority (II-G) The AMM supports permissive authority for statutory cities to adopt an alley system for filing for city council seats. . 8 2001 Legislative Policies . ^ " ~~., " ~ I " ~~ '1 ~~ I I I I I I I I I I .._______.1 Housing & Economic Development (III) Livable Communities Act (III-A) . . The 1995 Legislature enacted the Livable Communities Act (LCA) to stimulate housing and economic and community development in the metropolitan area. The act permits cities to access about $11.0 million in funding for pollution clean-up, housing and redevelopment. As a participant, a city must adopt affordable and life cycle housing goals and a plan to achieve the goals. Since its inception, the Metropolitan Council has been responsible for program implementation, including the completion of an annual progress report. The report for the 1996 calendar year indicates progress toward achieving the stated goals but also raises concern regarding the preservation of affordable housing, particularly the demolition of housing units. The AMM has maintained that the LCA should not be amended until there are progress reports and experience with the LCA. Based on the reports and experience of cities, the AMM recommends: . The LCA should be continued. . The LCA should be amended to eliminate the requirement that a city annually elect to be a participant in the act and require by November 15 that a resolution to withdraw be approved. . The state should appropriate funds for the LCA. The appropriation should not replace the current funding sources but should be in addition to them. . The Metropolitan Council, in cooperation with the LCA participants, should develop a benchmark to measure a city's efforts to provide affordable housing. The benchmark should 2001 Legislative Policies 9 . , Housing & Economic Development replace the Affordable Life Cycle Housing Opportunity Amount (ALHOA). . . The LCA amount should be amended to permit a development agency to apply for an LCA program provided the development agency receives from the city council in which the project will be located approval to submit the application and receive the grant. State Housing Policy (III-B) The AMM recognizes and is encouraged by the efforts of the legislature regarding the production and preservation of affordable housing. Over the past several sessions the legislature has provided the Minnesota Housing Finance Agency (MHF A) with additional funds to address housing issues. For example, the 1999 Legislature significantly increased the MHF A's biennial appropriation for housing production programs. The 2000 Legislature provided funding for rental and owner-occupied housing production. To continue the expansion of the state's economy, the governor and legislature should recognize the importance of housing to economic vitality and family stability and should adopt policies that preserve existing housing, permit the production of safe affordable housing and provide resources to produce and preserve housing. The AMM recommends the following: . Land Use Standards and State Incentives . Minnesota cities are responsible for and should retain the authority to regulate the location, size and amount, and type of housing within their boundaries. Minnesota cities, where the county has capacity, should partner with the county to provide affordable housing. . The state, in an effort to encourage more affordable housing, should authorize cities on a voluntary basis and provide incentives for such concepts as density bonuses and mixes of housing types and price ranges. The incentives can be, but not be limited to, property tax class rates and sales tax exemptions for construction materials. . 10 2001 Legislative Policies Housing & Economic Development . . State funding provided for the incentives should not reduce existing programs. Federal Housing Policy (III-C) While the state of Minnesota continues as a partner with local government in addressing housing issues the federal government, the traditional leader in housing policy development, has decreased its involvement in the issue. The federal government's lack of commitment has caused the other partners -- state and local governments -- to increase their housing commitments. The state and local efforts have made an impact but without a strong federal presence, the state and local efforts will be limited. Therefore, the AMM strongly encourages the federal government to be actively engaged in housing policy and programming. . Historically, the federal government has provided funding for housing production and rent subsidies. Over the last decade the federal government has reduced its funding commitment and has caused a shortage of affordable housing. Therefore, the AMM recommends that the federal government increase its participation and funding in housing. Minnesota Housing Finance Agency (MHFA) Programs & Appropriations (III-D) The MHFA's current biennial budget totals $173.0 million. The budget funds several programs that rehabilitate rental and owner- occupied housing, produce new housing, prevent homelessness, and finance the preservation of affordable federally subsidized housing. The current budget consists of $121.0 million from the state general fund and $52.1 million in federal funds. All of the federal revenue is a lIone timell appropriation as is $41.0 million from the general fund. Being aware of the vital role of housing in family stability and in the economy, the legislature should: . Approve a permanent appropriation that is equal to one percent of the state's biennial general fund budget. . . Maximize its investment in housing by primarily funding programs that leverage investments from non-state sources. 200 1 Legislative Policies 11 Housing & Economic Development . Continue the housing preservation program for federally subsidized housing that could be converted to market rate housing. . Tax & Public Finance Policy (III-E) State housing policies should include more than appropriations and could encompass tax policies and regulatory reform. Over the past several sessions the legislature has considered legislation to reduce property tax on rental housing, exempt construction materials and supplies used in the production or rehabilitation of affordable housing from the sales tax, authorize additional tax exempt bonding for housing, establish a low income housing tax credit and reform housing regulatory practices. Many of the proposals have not been adopted but should be considered as part of a housing strategy. The legislature should: . Provide a sales tax exemption for construction supplies and materials used in the construction or substantial rehabilitation of affordable housing. . Exempt public agencies from paying the mortgage and deed tax when developing or providing for affordable housing and redevelopment. . . Establish incentives such as an aid or credit program that encourages cities to approve multi-family housing including affordable housing. . Modify the tax exempt bond allocation process so that additional bonding authority is made available for residential rental housing. . Continue the policy of not reducing a person's or household's Minnesota Family Investment Program monthly grant if they are residents of public or section 8 housing. . Modify the property tax on residential rental property to encourage rehabilitation and new production. . 12 2001 Legislative Policies Housing & Economic Development . Affordable Housing Barriers (III-F) During the past several years the area's housing market has experienced a vacancy rate that is less than two percent. As a result of the market it is difficult to find affordable housing. Primarily private market forces affect the housing supply but public policies also have a role on the supply and price of housing. Being aware of the various factors impacting housing production, the Metropolitan Council, the legislature and the Builders Association of the Twin Cities (BA TC) are attempting to identify barriers to affordable housing. Among the policies being examined are taxes, state and local regulations and fees, land supply, development procedures, and comprehensive planning implementation. The Metropolitan Council, through the Mayors' Housing Advisory Task Force, is in the process of examining the role of local government in housing production. The task force is reviewing such issues as zoning, development regulations, fees and public awareness. The task force report should be available in late 2000. . The Legislative Auditor is conducting a study that is focusing primarily on the effect of state policies and practices on the cost and supply of affordable housing. The study will also examine the state's role in defining local powers. The auditor's report is due in January 2001. BA TC has conducted several studies that have recommended that the Metropolitan Urban Service Area (MUSA) be expanded so that more developable land be made available. BA TC is also working on reports related to public development procedures and fees. Most metropolitan area cities have adopted housing goals associated with participation in the Livable Communities Act (LCA). Since the inception of the LCA, many cities have approved and in most cases are participating in the development of affordable housing. The ability to remove barriers should assist cities in the production of affordable housing. The AMM supports efforts to increase the supply of affordable housing and will develop specific legislative proposals as the studies are completed and reviewed. . 2001 legislative Policies 13 Housing & Economic Development Homelessness (III-G) Programs to assist the homeless are generally funded by a variety of public and non-profit sources. Many of the programs such as the Stuart McKinney Homeless Prevention Act require operating agencies to develop a community-based planning process to identify needs of the homeless and adopt programs - continuum of care-to meet these needs. Continuum of care includes services and housing types (shelters, transitional and permanent). . In the metropolitan area, counties in collaboration with other local governments and service providers have developed continuum of care plans that have the goal of moving the homeless to needed services or permanent housing. However, a recent study completed by Hennepin County and the city of Minneapolis regarding homelessness in the county found that homeless adults can not find permanent affordable housing. They also found that there is a need for more coordination among the numerous metropolitan agencies involved in homeless assistance. The report notes that in several regions of the state counties coordinate their continuum of care plans. Therefore, it is recommended that: . The supply of permanent assisted housing, particularly single room occupancy, be increased. . . Metropolitan counties should work together to initiate a coordinated planning process. ~amily & Elderly Housing (III-H) Demographic trends indicate that Minnesota's population is aging. For example, the Metropolitan Council projects that the region's population age 65 and older will nearly double from the year 2000 to 2020. Since most of the population owns single family housing and they will be smaller households there could be a demand for smaller housing units. The elderly population will also be older than their predecessors. In the metropolitan area, the Metropolitan Council reports that the number of persons age 75 and over will increase from approximately 110,000 in the year 2000 to 180,000 in 2020. Being aware of the trends, the legislature should: . 14 2001 Legislative Policies Housing & Economic Development . . Provide additional resources to serve the low income elderly. Resources should include housing as well as related services. . Direct state agencies to provide information and technical assistance to local governments regarding the population changes and their impacts on public services. . Develop policies that encourage the development of housing for the elderly that is affordable and provides an attractive alternative to current housing and preserves the current housing. Community Housing land Trusts (III-I) An affordable housing land trust is a non-profit corporation that is used to create an expanding and perpetually affordable supply of owner-occupied housing. The land trust attempts to maximize the cost-effectiveness of the public investment. . Land trusts are operative in Minnesota and 22 other states. Currently there are at least two land trusts in Minnesota-Rondo Community Land Trust in St. Paul and Northern Communities Land Trust in Duluth. Land trusts are being considered in Washington County and in suburban Hennepin County. The Minnesota Housing Finance Agency (MHF A) was authorized to assist in the funding of land trusts. The one-time funding permitted land trusts to provide gap financing, interest rate subsidies, predevelopment financing and financial underwriting costs. To assist the land trusts, it is recommended that: . A land trust capacity building program be authorized by the 2001 Legislature. The land trusts would be authorized to provide such services as gap financing, interest rate subsidies, predevelopment financing and underwriting. The program should be administered by the MHF A and be appropriated at least $500,000. Economic Development Responsibilities (III-J) . The state should continue to recognize cities as the primary unit of government responsible for implementing economic development policies and land use controls. New or amended economic 2001 Legislative Policies 15 Housing & Economic Development development programs designed to address specific economic circumstances within cities or counties should use problem . definition as the criteria rather than geographic location, city size or similar criteria. Tax Increment Financing (TIF) (III-K) The Minnesota Legislature during the previous session made several changes to the Tax Increment Financing (TIF) Act. Among them were amendments relating to pooling, the use of increment for public facilities and the impact of property tax changes on TIF. Being aware of the amendments and the need to redevelop, the TIF law should be amended to: Local E {fort . Eliminate the LGA/HACA penalty or allow an exception from levy limits. If the penalty is not eliminated, the restrictions on the source of payment should be removed. . Authorize the use of federal grants and other local funds for local contributions. TIF Use . . Exempt redevelopment districts from the five-year rule. . Reaffirm that cities alone should be authorized to approve city initiated tax increment districts and that counties and school districts should continue to have the ability to review and comment on TIF. . Permit all cities to establish housing replacement (scattered site) districts and allow TIF to be used for historic preservation. Housing . Modify the housing district income qualification requirements to allow the levels to vary according to individual regions of the state or counties. . Remove the LGA/HACA penalty imposed on housing districts established between 1990 and 1993. . 16 2001 Legislative Policies Housing & Economic Development . Reporting . Clarify that the Office of State Auditor (OSA) must give cities 60 days to respond to a violation of the TIF law prior to sending a notice of the violation to the countyattorney~ The notice to the city must also state that at the end of the 60-day period any resolved issues will be sent to the county attorney for possible action. . Authorize the OSA to conduct a compliance review of a tax increment district within 12 months of the date the district is decertified or the increment is completely expended, whichever is later. The State Auditor, upon completion of the review and resolution of outstanding issues, must issue a certification that the district is complete and not subject to further actions by the office. . Clarify that an error of a non-substantive manner is not a violation of the law and therefore the city should not be formally cited for a violation of the reporting provisions of the TIF Act. . . Require that the OSA provide reporting entities with a checklist of specific items that will be part of a compliance or final review of a district. Property Tax Reform Impact on TIF (III-L) It is anticipated that during the 2001 Session, the reform of the property tax system could continue. As part of the "Big Plan" the Office of the Governor is proposing a restructuring of the property tax system through changes in the way education is funded. It is possible that there will be additional proposals that could impact the tax levy or the class rates and the changes could impact TIF. Therefore, it is recommended: . That the TIF grant program be continued and the appropriation be sufficient to meet the impacts of tax reform. Development Tools (III-M) e Over the past several sessions, the legislature has provided cities with development tools to redevelop property, clean up polluted 2001 Legislative Policies 17 Housing & Economic Development sites and encourage business retention and expansion. The tools include, but are not limited to, TIF, tax expenditures and loans and . grants. Many of the state tools have supplemented local efforts. To continue this state local relationship, the legislature should: . Continue the Minnesota Investment Fund. . Support increased funding for the pollution clean-up program administered by the Minnesota Department of Trade and Economic Development (DTED). . Require condemnation commissioners to consider the cost of correcting pollution problems in determining the final value of property . . Establish an indemnification fund to provide financial security for institutions and individuals as they invest in developing and clean-up of polluted sites. . Eliminate the requirement to match a portion of the clean-up grant program with local general funds. . Make permanent the Redevelopment Fund established in 1998. . Workforce Development (III-N) Minnesota cities have been responsible for development and redevelopment activities. Using such tools as federal and state grants, TIF and revenue bonds, cities have stimulated the commercial and industrial property development that has permitted companies to grow and increase employment opportunities. To continue to be competitive, however, companies are continually training its workforce in the use of new tools, systems and technologies. Business and government are concerned about the state's workforce. The governor's office has prepared a work force development framework that is intended to make Minnesota a world competitor in the 21st Century. The framework has the goal of keeping Minnesota's businesses competitive by supporting a flexible, skilled workforce and supporting efforts to increase personal income. To achieve these goals, the governor's office is recommending strategies that would eliminate obsolete and e 18 2001 Legislative Policies Housing & Economic Development . redundant programs and identify and promote well-paying jobs and skills of the future. The framework also recommends that there be collaboration among agencies and that available resources for workforce development are adequate and strategically focused. Being aware that cities are responsible for redevelopment and economic development and that workforce is a major component of the development it is recommended that: . Workforce legislation authorize cities to be involved in workforce planning and programming. . Appropriate a portion of the workforce funding for programs administered by cities to train and or re-train employees of companies participating in local government redevelopment or development activities. Building Permit Fee Surcharge (11I-0) . Local governments collect a half-percent surcharge on building permits. The proceeds of the surcharge are paid to the state and are used to support the State Building Codes and Standards Division. Prior to 1991, any excess proceeds were remitted on a pro-rated basis to the local governments. To help with the development of affordable housing it is recommended that: . The proceeds from the building permit surcharge fee be paid to the MHF A for the support of affordable housing and that the building codes and standards division be funded from the state general fund. Group Homes (III-P) . State and county agencies must provide timely notification to cities of facility license requests and renewals and provide adequate opportunity to respond. Cities must also be aware of the special care needed by residents of such facilities in case of public safety emergencies. . Clustering of community residential facilities because of economic, geographic or other factors should be avoided. . 2001 Legislative Policies 19 Housing & Economic Development Standards of non-concentration for state or county-issued Requests for Proposals (RFPs) should be established. . . There must be an ongoing screening process, particularly in the correction area, to insure that persons placed in a residential facility will benefit from such an environment and will not be a danger to themselves or others. The licensing authority must be responsible for removing any person found incapable of living peacefully in such an environment. . Facilities licensed by the corrections department should not be exempt from reasonable local land use regulations. . A fair share concept should be considered within the metropolitan area. However, this concept should consider other factors induding transportation facilities, job availability and other needed support services. . The licensing authority and/ or legislature should allow cities to participate in the search for facility locations in order to meet needs of the providers, facility residents and the neighborhood. . . 20 2001 Legislative Policies . . . @ Metropolitan Agencies (IV) Introduction: Metropolitan Governance Structure The Metropolitan Council was established in 1967 to coordinate "the planning and development" of the seven county metropolitan area. To fulfill its responsibilities, the Metropolitan Council has worked with local governments to establish policies regarding growth and development in the region. Over the years, the Metropolitan Council has been authorized by the legislature to be involved in the development of regional parks and the operation of regional services. In the following years the Metropolitan Council was mostly advisory, but was given responsibility for regional policy development and coordination in the areas of wastewater treatment, transportation and airports. The Metropolitan Council was given limited approval authority for development proposals, which were of metropolitan (regional) significance but was not given direct operational authority. The Metropolitan Council's responsibilities have been expanded over the years. The Metropolitan Council was given direct operational responsibility for regional transit and wastewater treatment in 1994. In the following year, the legislature directed the Metropolitan Council to implement the Livable Communities Act (LCA). The Metropolitan Council's role with the LCA is to negotiate affordable and life cycle housing goals for cities and provide grant funds for the clean-up of polluted lands and demonstration projects that foster a mix of land uses and housing types. The Metropolitan Council's role has evolved since its inception to long-range planning and the operation of regional services. 2001 legislative Policies 21 Metropolitan Agencies Purpose of Metropolitan Governance (IV-A) The AMM affirms its support for the existence of a metropolitan governance system to deal with appropriate regional issues and concerns. The purpose of the metropolitan governance system should be: . . To facilitate region-wide planning with the cooperation and consideration of the affected local units. . To provide certain region-wide services that do not duplicate those that can be provided by local governmental units, either individually or jointly. . To fulfill other specific responsibilities mandated by the state and federal governments. Regionally Provided Services: Funding (IV-B) The Metropolitan Council should continue to fund its regional services and activities through the existing combination of user fees, property taxes, and state and federal grants. The current revenue system provides better visibility to the customers. . The Metropolitan Council should be responsible for determining user fees. The fees should be consistent with regional system plans and goals assure that the service quality can be of high quality as measured by industry or public policy standards and be established by an open, visible procedure including, but not limited to, public notice and hearings. A clear linkage between revenue and service should be maintained. Fee proceeds from one service should not be used to fund another regional service. Regional Systems (IV-C) The regional investment in metropolitan systems must be maintained and preserved by preventing adverse impact because of the lack of integration and coordination between regional and local planning. . 22 2001 Legislative Policies Metropolitan Agencies . Regional system designation should only be approved if there is a compelling metropolitan problem or concern that can best be addressed through the designation. Prior to requesting legislative approval for a system, the Metropolitan Council must discuss the proposal with the region. Coordination of Local & Regional Plans (IV-D) The regional planning process must, on a continual basis, have the input of local government officials. To ensure input, the Metropolitan Council should hold hearings and provide public notice and copies of proposals regarding amendments to the Metropolitan Development Guide. . Metropolitan system plans must be specific in terms of locations, capacities and timing to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which the local plans will be judged for consistency. The system plans should also clearly state the criteria that will be used to find that a local plan has a substantial impact on or contains a substantial departure from the metropolitan system plans. The Metropolitan Council should continue to offer assistance to cities. The assistance should include but not be limited to staff support, research, policy guidelines, system statements and procedures for the review and evaluation of plans and amendments. The Metropolitan Council, in its review of local plan amendments, must have a procedure that will: . Recognize that the Metropolitan Council's role is to review and comment, unless there is a substantial impact on or departure from the system plans. . Establish an open dialogue between cities and the Metropolitan Council, including public meetings and public hearings. . Be aware of the statutory time constraints imposed by the legislature on plan amendments and development applications. . 2001 Legislative Policies 23 Metropolitan Agencies . Provide for immediate effectuation of plan amendments, which . have no potential for substantial impact on systems plans. . Require the information needed for the Metropolitan Council to complete its review, but not prescribe additional content or format beyond that is required by the Metropolitan Land Planning Act (MLPA). Growth Management Strategy (IV-E) The Metropolitan Council should continue its flexible guided growth policy regarding Metropolitan Urban Service Area (MUSA) expansion requests as outlined in the Regional Blueprint. The Metropolitan Council in cooperation with State Planning and the counties adjacent to the region should develop growth management strategies for the collar counties. The strategies should focus on policies that can be implemented by local governments within the adjacent counties and state agencies rather than extending the jurisdiction of the Metropolitan Council to additional counties. All strategies should complement and recognize growth policies being implemented within the region. . . If regional services are to be extended to the collar counties, the services should only be extended if there is a specific problem (environment or transportation) that can be best resolved by extending the service. The area receiving the services must pay for the service extension and agree to growth management strategies consistent with those of the metropolitan area. . In developing and providing incentives for implementing its regional objectives, the Metropolitan Council should consider and give credit for a city's experience in implementing its comprehensive plan and the Metropolitan Council1s Regional Blueprint. Local Plan Implementation (IV-F) Local governments are responsible for zoning. These zoning decisions should not be conditioned upon approvals by the Metropolitan Council or other governmental agency. The AMM is open to the use of alternative dispute resolution procedures prior to judicial remedies. . 24 2001 Legislative Policies Metropolitan Agencies . Alternative dispute resolution could reduce costs and time for all parties involved in the dispute. The AMM strongly opposes the creation of an appeals board that could supersede city planning or zoning decisions. Metropolitan Council Focus on Planning (IV-G) Long-range planning should continue to be the primary function of the Metropolitan Council. In conducting long-range planning, the Metropolitan Council should periodically update and revise the vision for the region. As part of its long-range planning, the Metropolitan Council should include analysis of trends, plans, policies and programs that could impact or link the regional growth centers in Greater Minnesota to the metropolitan area. In addition to its long-range planning function, the Metropolitan Council should maintain and expand its technical and research services to cities. The services should assist cities in completing its planning mandates but also in conducting special studies and projects. . For cities to meet their planning mandates, the Metropolitan Council must ensure that its planning, data collection and dissemination functions are fulfilled in a timely manner and are consistent with its statutory obligations. Budget Process & Work Program Evaluation (IV-H) The Metropolitan Council's annual budget should present revenue and expenditure budgets by the services provided. Mandated and non-discretionary projects should be identified along with their funding sources. Previous year's history should also be provided. The annual budget should maintain linkages between expenses and revenues. In addition, the funds or reserve funds raised for a particular service should not be used or commingled with the funds raised for any other service or activity. The Metropolitan Council's work program should meet four tests: . The issue or problem identified is important to the region's well-being. . 2001 legislative Policies 25 Metropolitan Agencies . Metropolitan Council intervention or activity will produce a positive result. . . The Metropolitan Council's action does not duplicate or serve as a substitute for a state level program or effort or what should be a state level activity. . The Metropolitan Council is the most appropriate agency to intervene or perform the activity. Criteria for Extension of Metropolitan Governance Authority (IV-I) The legislature, if granting the metropolitan governance structure additional responsibility or authority I should be specific in the grant. New or expanded authority should be considered only when one or more of the following exist: . The service, function or activity has been shown to be needed and it can be demonstrated that it cannot or is not being effectively or efficiently provided through existing general purpose units of government. . The service, function or activity is not an appropriate state level or local government level activity or function. . . Regional intervention is needed for protection of the region's investment in an existing metropolitan system. Restructuring of Metropolitan Agencies (IV-J) The Sports Facilities Commission and the Metropolitan Airports Commission (MAC) are currently metropolitan commissions. The legislature should make the sports facility commission a local commission if the back-up tax is limited to one city or is expanded to additional cities. If the tax is extended to other cities, the commission should be restructured to have membership from those cities. The legislature should clarify the status of the MAC so that it becomes either a metropolitan or state directed agency. The determining factor in the agency decision is the nature of the commission's back-up tax. If the tax will be a metropolitan area tax, its membership should come from the metropolitan area. If the e 26 2001 Legislative Policies . . . Metropolitan Agencies back-up tax is statewide, then the MAC should have statewide representation. In selecting membership on the MAC board, the governor should give primary consideration for representation from communities impacted by the operations of the MAC airports. Metropolitan Council: Method to Select Members (IV-K) The legislature has debated proposals to amend the process to select Metropolitan Council members. Proposals to elect the members directly or to elect county commissioners as Metropolitan Council members have been discussed but not enacted into law. The AMM has studied the governance issue and has released a separate "Metropolitan Governance Report" (October 1998). The report notes that there is no regional crisis that requires a governance change, but did recommend that Metropolitan Council members serve fixed, staggered terms. The AMM further recommends that no changes be made to the Metropolitan Council unless a governance proposal meets a set of criteria. The intent of the criteria is to fashion a regional governance structure that has a distinct mission, but does not establish a political subdivision with local government powers or one that is a state agency. The Metropolitan Council should have a distinct mission of long-range planning and operation of legislatively- authorized regional services. The criteria include: Terms of Office Members should serve fixed, staggered terms. Metropolitan Council Powers The Metropolitan Council should continue to be a long-range, planning agency and potentially an operator or oversight agency for regional services. As such, the Metropolitan Council must maintain planning, coordinating and local assistance as a high priority . 2001 Legislative Policies 27 Metropolitan Agencies Additional Powers New powers must not expand or override city responsibilities, especially land use regulation authority. The Metropolitan Council must not become an agency with general local government powers. . State Role The legislature should focus on broad oversight of the Metropolitan Council's mission and services. Local Government Local elected officials must be involved in the selection process of Metropolitan Council members and there must be a mechanism to facilitate meaningful dialogue and input between the Metropolitan Council and cities. Collar Counties The metropolitan region clearly includes the seven designated counties and the adjacent eleven Minnesota counties, as well as . three Wisconsin counties. The needs of the entire metropolitan region beyond the current seven county region must be addressed. Metropolitan Council Members The selection process must strive to appoint Metropolitan Council members who have an understanding of and will be responsive to the district represented, as well as be responsive to the best interests of the region. The selection process should limit the potential influence and support (including financial) of special interests. Parks & Open Space: Operation & Maintenance Capital Funding (IV-L) The governor and the legislature should continue to appropriate funding for the operation and maintenance of regional parks. The level of funding should be equal to the statutory goal of 40 percent of the total budget. Regional parks essentially serve the role of state parks in the metropolitan area and the acquisition, development and improvement of the parks should continue to be funded, in part, with state resources. . 28 2001 Legislative Policies Metropolitan Agencies . Surface & Groundwater Water Management (IV-M) If legislation is considered for surface water management, it should be based on the following principles: . The legislature should provide full funding if it mandates additional water management planning or implementing activities by local units of government. . Local units of government should continue to be responsible for the organization and operation of surface and groundwater management, since they are the closest to the problem. Therefore, legislation enacted in 1999 limiting representation on boards of Water Management Organizations (WMOs) should be repealed. . New state requirements should not add to local costs and duplicate reviews/ approvals should be reduced or eliminated. The AMM would support the following initiatives/ action: . . A state grant program similar to those currently administered by the Board of Water and Soil Resources (BOWSR) should be established to assist WMOs in the metropolitan area to implement their plans. . The legislature should clarify that the joint power WMOs can, with the approval of its participating governments, separately levy a tax for its programs. . A thorough assessment of the BOWSR structure and authorities to ascertain if it should continue to be the approval and oversight agency for surface water management planning and activities in the metropolitan area. . A thorough assessment of the metropolitan area surface water management planning and permitting process with the objective of developing improvements in conflict resolution, better coordination between state and local agencies, and streamlining the project permit approvals process. . . Compliance by local units of government located outside of the metropolitan area with the same standards and requirements 2001 Legislative Policies 29 Metropolitan Agencies for surface water management as those imposed on local units within the metropolitan area. . + A technical evaluation of the impact of 2:1 wetland replacement in the urbanized area on the goal of greater urban densities as stated in the Metropolitan Council's Regional Blueprint. Water Supply (IV-N) Additional legislation pertaining to local or regional water supply planning is not warranted. If legislation, however, is proposed it should be based on the following principles: . Local units should retain the basic responsibility for water supply planning and management as in current law. . The state should fund additional mandates. . Potable water should not be designated a regional system. Regional Wastewater (Sewer) Treatment System (IV-O) The regional wastewater treatment system has improved the water . quality of the region's major river and lakes. The system should not be permitted to break up or to diminish its effectiveness. Since all users benefit equally, the regional user rates should be uniform by type of user. Waste Stream Management (IV-P) The legislature should enact legislation which will: . Establish goals to reduce, recycle and reuse packaging materials and establish fees, taxes or deposits to encourage accomplishment of the goals. The revenues would be waived when the goals are met. Available revenues would be used to promote or enhance local programs to achieve the goals. . Continue the Office of Environmental Assistance (OEA) as an agency that primarily assists local governments to manage waste effectively. . 30 200 1 Legislative Policies Metropolitan Agencies . . Continue the role of cities in waste stream management unless a state or metropolitan system is established to achieve the same goal. . Distribute all proceeds from any funding system for solid waste management activities and require distribution of funds to all entities involved in the system. . Provide that host communities for solid waste facilities will not have a financial liability for costs associated with operating and monitoring the facility. Such costs should be borne by the operator and in the absence of regulations should be assumed by the state. . Maintain, at a minimum, the current compensation level permitted through surcharge fees and increase the level as well as making the compensation available to all types of solid waste facilities. . Define municipal solid waste not to be a hazardous substance. The definition would enhance the ability of local governments. . . 2001 Legislative Policies 31 Metropolitan Agencies 32 2001 Legislative Policies . . . . . . Transportation (V) Transportation Funding (V-A) The AMM strongly supports increased funding for transit and highways, both of which are a critical need in the metropolitan area. In addition, funding for mass transit including transit ways, light rail or heavy rail in existing corridors should be dedicated in a manner consistent with current highway funding. Funds allocated to the metropolitan area should b~ flexible so that the most efficient and cost effective transportation solution may be chosen and the main metropolitan problem (congestion relief) can be addressed. The AMM supports a constitutional amendment dedicating the Motor Vehicle Sales Tax and/ or other revenue source to a new Surface Transportation Multimodal fund from which an appropriate amount is allocated to the Highway User Tax Distribution fund to replace the auto license tab fee reduction of 2000, and the remaining amount to be used for transit and/ or highway needs as priority dictates. The AMM will support a general gas tax increase only if accompanied by this constitutional amendment provision. Regional Transit System (V-B) To provide travel choices to reduce congestion and automobile dependency the Regional Transit System should be a combination of integrated traffic management systems which include use of HOV lanes, express buses, exclusive transit ways, light rail transit, and commuter rail corridors built to connect residents to job, retail and commercial centers, plus a variety of other transit modes, including taxi, bus, pedestrian and bicycle. The AMM supports an increase in Metropolitan Transit Funding at a minimum to support the current system but preferably at a level 2001 Legislative Policies 33 Transportation to increase metro transit capability to equal growth and provide much needed congestion relief. . Park-and-ride facilities for mass transit modes adequate to connect the regional centers, major trip generators and communities, both urban and suburban, should have integrated feeder systems to accommodate local buses, automobiles, van pools, bicycles, as well as walking facilities. The Metropolitan Council should work with local units of government to encourage appropriate land use controls along designated transit corridors to promote transit ridership. Metro Transit Property Tax (V-C) The property tax for Metro Transit is approaching $100 million annually and provides nearly 40 percent of the metro area transit revenues, which is the highest in the U.S. The AMM supports transit property tax relief through the use of alternative revenue sources such as a dedicated portion of metro area sales tax. Shifting the property tax levy amount to a state appropriation is unacceptable since over two-thirds of the total transit operations . budget would then be subjected to the uncertainties of the state appropriation process. The AMM also opposes using city HACA or LGA to offset the transit levy since this is merely substituting one property tax levy for another. Whatever alternative revenue source is used should provide for significant growth, which currently is about 7.8 percent, and maintain current optout transit funding at comparable levels. Transportation Utility (V-D) The AMM requests the legislature to authorize cities to establish a transportation utility for street maintenance and reconstruction of aging infrastructure, similar to the existing storm water utility, so that costs of improved facilities can be more fairly charged to the users rather than the general population as a whole. Highway Turnbacks & Funding (V-E) The AMM supports jurisdictional reassignment or turnback of roads on a phased basis using functional classification and other appropriate criteria subject to a corresponding mechanism for . 34 2001 Legislative Policies Transportation . adequate funding of roadway improvements and continuing maintenance. Cities do not currently have the financial capacity other than significant property tax increase to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. '3C' Transportation Planning Process: Elected Officials Role (V-F) The AMM requests legislative action authorizing utilization of motion imaging recording system technology for governmental units, including cities, on streets and highways to assist promotion of safety and traffic law compliance enforcement. The technology has been proven and is currently used for law enforcement by numerous states, municipalities and other countries. The state should at least implement a pilot project on municipal streets in the metropolitan area. Airport Noise Mitigation (V-H) . Equitable noise mitigation programs needs to be developed to address the increased traffic and noise due to the expansion of the MSP International Airport. In 1996, the Metropolitan Airports Commission (MAC) was charged with developing a mitigation package for legislative consideration in 1997. Also, in 1999, the Governor's Community Stability Funding Task Force was created to identify and recommend funding sources for implementation of noise mitigation measures. Significant funding for noise mitigation still has not been identified or appropriated. The AMM believes 2001 Legislative Policies 35 Transportation costs associated with all types of noise mitigation should be borne by the airport (MAC) and the state. The airport is considered a . statewide facility and provides tremendous economic benefit to the region -- a benefit that does 110t come without responsibility to the citizens adversely impacted. The MAC and state should seek long- term solutions and provide stable and significant funding to mitigate noise impacts. Funding may include, but is not limited to, those funds recommended by the 1999-2000 Governor's Community Stability Funding Task Force. By 2003, the year the new North/South runway will be operational, the Environmental Quality Board should establish guidelines for airport noise (including low frequency) in consultation with the MAC, Metropolitan Council, MSP Noise Mitigation Committee and affected cities. Noise mitigation programs should be implemented as soon as possible to the 60 DNL -- as enacted by the legislature in 1996. In addition to the MSP International Airport, impacts, including environmental and low frequency noise, must be identified at all MAC airports and applicable mitigation measures implemented by MAC. . Traffic Control Devices (MN/DOT Administrative) (V-I) The AMM understands the need for the Manual on Uniform Traffic Control Devices. The AMM also recognizes that unique E:ituations within municipalities occasionally may not be adequately addressed by the standards in the manual. Therefore, the AMM encourages the Department of Transportation to more strongly take into consideration unique local conditions and circumstances when examining local requests for traffic control devices. In addition, the AMM would support the establishment of a peer appeals review board to review, when requested by a local municipality, specific situations when the quantitative warrant criteria in the Manual on Uniform Traffic Control Devices are not met. . 36 2001 Legislative Policies . w Committee Rosters (VI) Housing & Economic Development Craig Waldron (Chair), Administrator, Oakdale Janis Callison, Councilmember, Minnetonka Dave Callister, Clerk-Administrator, Osseo Mike Campbell, IGR Director, St. Paul Sharon Cassen, Councilmember, New Hope Dan Donahue, Manager, New Hope Matt Fulton, Manager, New Brighton Tom Goodwin, Councilmember, Apple Valley Patrick Harris, Councilmember, St. Paul Regina Harris, HRA Director, Bloomington Vivian Hart, Councilmember, West St. Paul Andrea Hart Kajer, IGR Director, Minneapolis Brian Herron, Councilmember, Minneapolis Jan LeSuer, Councilmember, Golden Valley Lonni McCauley, Mayor, Coon Rapids Peter Meintsma, Mayor, Crystal Joan Molenaar, Councilmember, Champlin Ron Rankin, Community Development Director, Minnetonka Char Samuelson, Councilmember, New Brighton Mark Sather, Manager, White Bear Lake Madaine Szurek, Councilmember, Columbia Heights . . 37 2001 Legislative Policies Committee Rosters Jerry Turnquist, Councilmember, Oak Park Heights Liz Workman, Councilmember, Burnsville . Metropolitan Agencies Mary Anderson (Co-Chair), Mayor, Golden Valley Sandra Krebsbach (Co-Chair), Councilmember, Mendota Heights Larry Bakken, Councilmember, Golden Valley Bill Barnhart, Government Relations Representative, Minneapolis Cathy Busho, Mayor, Rosemount Mike Campbell, IGR Director, St. Paul Joan Campbell, Councilmember, Minneapolis Matt Fulton, Manager, New Brighton David Grant, Councilmember, Arden Hills Ken Hartung, Administrator, Bayport Marvin Johnson, Mayor, Independence Jane Kansier, Planning Coordinator, Prior Lake Barrett Lane, Councilmember, Minneapolis Larry Lee, Director of Community Development, Bloomington Tom Link, Director of Development & Prot. Serv., Inver Grove Heights Lynn Moratzka, Councilmember, Hastings Mark Nagel, Manager, Anoka Dave Schaaf, Mayor, Oak Park Heights Terry Schneider, Councilmember, Minnetonka Charlotte Shover, Councilmember, Burnsville Russ Susag, Councilmember, Richfield Mike Ulrich, Acting Administrator, Mounds View Donn Wiski, Councilmember, Roseville . . 38 2001 Legislative Policies Committee Rosters . Municipal Revenue & Taxation Frank Boyles (Chair), Manager, Prior Lake Karen Anderson, Mayor, Minnetonka Larry Bakken, Councilmember, Golden Valley Curt Boganey, Manager, Brooklyn Park Scott Botcher, Manager, Chanhassen Edward Burrell, Treasurer & Finance Director, Roseville Thomas Burt, Administrator, Rosemount Dave Callister, Clerk-Administrator, Osseo Don Collier, Councilmember, New Hope Tom Cran, Budget Analysis, St. Paul Steve Devich, Assistant Manager, Richfield Pat Harris, Councilmember, St. Paul Ken Hartung, Administrator, Bayport Terri Heaton, Chief Financial Officer, Bloomington James Keinath, Administrator, Circle Pines Jim Knutson, Finance Director, Anoka Tom Lawell, Administrator, Apple Valley Joe Lynch, Administrator, Arden Hills Michael Madigan, Councilmember, Woodbury Peter Meintsma, Mayor, Crystal Tom Melena, Administrator, Oak Park Heights John Moir, Finance Officer, Minneapolis Mike Mornson, Manager, St. Anthony Jim Norman, Administrator, Ramsey Steve O'Malley, Deputy City Manager, Burnsville Ryan Schroeder, Administrator, Cottage Grove . . 2001 Legislative Policies 39 Committee Rosters James Smith, Councilmember, Independence Jerry Splinter, Manager, Coon Rapids Deb Sturdevant, Councilmember, Champlin Kathy Thurber, Councilmember, Minneapolis John Wallin, Finance Director, Edina Jim Willis, Administrator, Inver Grove Heights Transportation & General Government Veid Muiznieks (Chair), Councilmember, St. Paul Park Beverly Aplikowski, Councilmember, Arden Hills Bob Bruton, Councilmember, North St. Paul Charlie Crichton, Councilmember, Burnsville Pam Dmytrenko, Assistant to City Manager, Richfield Dan Donahue, Manager, New Hope Sharon Feess, Councilmember, Brooklyn Park Mary Hamann-Roland, Mayor, Apple Valley William Hargis, Mayor, Woodbury Jon Hohenstein, Administrator, Mahtomedi Wayne Houle, Assistant Engineer, Edina Barbara Johnson, Councilmember, Minneapolis Mike Klassen, St. Paul Steve Larson, Councilmember, New Brighton Charles Lenthe, Director of Public Works, Blaine Sandra Masin, Councilmember, Eagan Mark McNeill, Administrator, Shakopee Dore Mead, Councilmember, Minneapolis Ed Nelson, Councilmember, Brooklyn Center Jerry Newton, Councilmember, Coon Rapids . . . 40 2001 Legislative Policies Committee Rosters . Samantha Orduno, Administrator, Richfield Dave Schaaf, Mayor, Oak Park Heights James Smith, Councilmember, Independence Julie Wasiluk, Councilmember, Maplewood John Weaver, Councilmember, Anoka Dorm Wiski, Counci1member, Roseville Heather Worthington, Administrator, Falcon Heights Duan Zaun, Mayor, Lakeville . . 2001 Legislative Policies 41 . . . . . . . . . ~ (:e. WASHINGTON COUNTY OFFICE OF ADMINISTRATION GOVERNMENT CENTER P.O. BOX 6 14949 62ND STREET NORTH. STillWATER, MINNESOTA 55082-0006 651-430-6000 Facsimile Machine 651-430-6017 lol~&{ 0 CJ James R. Schug County Administrator Virginia Erdahl Deputy Administrator ~CT , 6 2r MEETING NOTICE W ASlllNGTON COUNTY GOVERNANCE PROJECT NORTH UNIT PHASING WORK GROUP OCTOBER 18, 2000 W ASIDNGTON COUNTY GOVERNMENT CENTER 4:00 - 6:00 P.M. II __.'-."0"02",1["= ~. · n_ _.or.;:.---- ~~ .-11 I. Review September 13, 2000 Meeting Summary II. Reaction of County Board to Suggested Change in Implementation Strategy . III. Report on September 26 Public Meeting Sponsored by Car Mar IV. Review Carnelian Marine Enlargement Petition Comment on draft petition. (Enclosed in this mailing.) A. The area to be included. (Exhibit A) B. Board representation. (page 2, #6) C. Adoption of existing management plans as official plan. D. Financing principles. (page 6, #e) (page 6, #e) V. Status of Filed Petitions A. Valley Branch Watershed District Enlargement Petition B. Brown's Creek Enlargement Petition ~ VI. Future Meetings Is there a need to continue meeting regularly? If yes, what topics need to be discussed? If no, when should the group meet again to begin work on the consolidation of the enlarged watershed districts? . EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION , I . . . .