HomeMy WebLinkAbout2006-09-05 CC Packet
AGENDA
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-18
Council Chambers, 216 North Fourth Street
September 5, 2006
.EGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Library Project Update
2, Discussion on Liquor License fees
STAFF REPORTS
1. Police Chief
2. Fire Chief
3. City Clerk
4. Director of Admin
5. Community Dev. Director
6. City Engine
7. City Attorney
8. Finance Director
9. City Administrator
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - Possible approval of
6 special and regular meeting minutes
PETITIONS, INDIVIDUALS, DELEGATIONS &
.PEN FORUM
The Open Forum is a portion of the Co
the meeting agenda. The Council m
to staff regarding investigation of the
o address Council on subjects which are not a part of
n or reply at the time of the statement or may give direction
pressed.
CONSENT AGENDA*
1. Resolution 2006-188, direc nt of bills
2. Resolution 2006-189, approv agreement between the City of Stillwater and Wolf Marine allowing
for the pumping of wastes into t City of Stillwater sanitary sewer system
3. Resolution 2006-190, approval of service agreement between the City of Stillwater and St. Croix
Specialties, Inc.
4. Possible approval of Special Event - Ascension Church - October 8, 2006
5. Possible approval of Special Event - William Sauntry Bed & Breakfast
6. Possible approval of temporary liquor license - Washington County Historical Society
7. Possible approval to purchase computers for MIS (1), Police (3), Fire (1), Public Works (1) and
Recreation Center ( 1 )
8. Resolution 2006-191, approval of third amendment to Subordination Agreement relating to the
Minnesota Zephyr
9. Possible approval of banner installation - St. Michael's Church - Merry Mall - November 11, 2006
PUBLIC HEARINGS
UNFINISHED BUSINESS
. 1. Possible second reading of Ordinance No. 976, an ordinance amending the Stillwater City Code
.... ......... Section 31-1, Subdivision 5 entitled Establishment of Districts and Ordinance No. 976, an ordinance
amending the Stillwater City Code Section 31-1, Subdivision 5 entitled Establishment of Districts and
Ordinance No. 978, an ordinance amending the Stillwater City Code Section 31-1, Subdivision 5
entitled Establishment of District.
NEW BUSINESS
1. Possible approval of resolution declaring costs and ordering preparation of assessment roll for 2006
Sidewalk Improvement Project and approval of resolution calling for an assessment hearing for 2006
Sidewalk Project .
2. Possible approval of a Special use Permit for an accessory fuel station at the Stillwater Marketplace .
Cub Foods Store
3. Bruggeman Properties. discussion of a sketch plan and annexation timing for property located between
Boutwell Avenue and County Road 12 at Newberry Court
4. Possible adoption of resolution call for hearing for modification of Development District NO.1 and Tax
Increment District No. 10.
5. Possible appointment to Planning Commission (Resolution)
6. Possible approval of resolution lifting no parking restrictions on Cottage Drive.
7. Possible adoption of resolutions: adopting the proposed tax levy for the payable year 2007, adopting
the proposed budget for the year 2007, and setting payable 2007 Truth-N-Taxation Pubic Hearing (3
separate resolutions)
8. Possible accepting bids and awarding contract for Munkelwitz Park project (Project 2005-08)
*
All items listed under the consent agenda
enacted by one motion. There will be no s
citizen so requests, in which event, th
separately.
id to be routine by the City Council and will be .
. ussion on these items unless a Council Member or
removed from the consent agenda and considered
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIO
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
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2
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.Memo
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To: Mayor and Council
From: Diane F. Ward, City Clerk
Date: 8/30/2006
Subject: Liquor License Fees
On October 18, 2005 the City Council held a public hearing on proposed liquor
license fees. At that time Council raised the liquor license fees 5 percent and
considered that maybe a variable rate schedule could be done in the future.
Attached is information on the City's role in setting fees for liquor. The Council has
discretion on the amount of the fee but must be based on the costs of direct and
indirect costs in issuing the license and policing of licensed activities.
I have attached the fees from the surrounding communities and all of those cities
have a flat rate fee for liquor licenses.
A tiered fee schedule can be done, based on the alcohol sale which is done by the
State Alcohol Control Division for the 2:00 A.M. designation. There are eight
establishments that pay an extra fee, based on their alcohol sales, for allowing them
to be open an extra hour. Council could implement the same type of tiered schedule;
however the alcohol sales would have to be confirmed through the Department of
Revenue each year, which is not done by the City now.
I am bringing this information to you as it is almost time (October) for me to send out
the annual renewals. Should Council wish to raise the liquor license fees or change
the current fee structure a public hearing will need to be held with notification to all
liquor license holders within 30 days. A public hearing date would be October 3,
2006.
ACTION REQUIRED:
Discuss the liquor fees and direct staff on how to proceed.
1
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City Council Meeting - 05-22
October 18, 2005
primary issue is whether trails count for purposes of land dedication, an issue that is
more a legal issue than a policy issue. He suggested that the legal issues and past
practices are "overarching" in terms of what staff can or cannot do. Mr. Hood asked the
the park and trail dedication policy be put on hold until they have had an opportunity to
further discuss the issues with staff.
STAFF REPORTS
Assistant Fire Chief Ballis gave a brief update on the hurricane relief efforts. The two
local firefighters who were sent to Louisiana fulfilled their duties with Minnesota's Task
Force 1 and are returning home. Task Force 2 was deployed the weekend prior to the
Council meeting. Chief Glaser is a part of Task Force 2 and will be deployed for 16
days. FEMA is paying for all wages for Task Force 1 and Task Force 2. Also, he
updated the Council on Fire Prevention Week activities; over 1,000 people participated
in the Department's open house event.
Public Works Director Eckles replied to a question regarding the completion of Myrtle
Street. He said he expected the work will be completed by the end of the week following
the Council meeting.
CONSENT AGENDA*
Council member Junker, seconded by Councilmember Milbrandt, moved approval of the
Consent Agenda.
.
Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble
Nays: None
Resolution 2005-224, directing payment of bills
Possible approval to purchase 5-6 new benches for Downtown
Resolution 2005-225, approval of SafeAssure Consultants, Inc. for OSHA and safety
consultation
Resolution 2005-226, approving Minnesota Premises Permit for Gambling for Climb,
Inc at the Harbor Bar, 517 N. Owens Street, Stillwater, MN
Resolution 2005-227, resolution amending the assessment roll for the 2005 Street
Improvement Project (Project 2005-02, L.1. 365) by removing the water service
assessment on the property located at 1123 South Fifth Street
PUBLIC HEARINGS
This is the date and time for a public hearinq to consider the increase in fees for liquor
licenses. Notice was published in the Stillwater Gazette on September 16. 2005 and mailed to
affected liquor license holders.
City Clerk Ward explained that state law requires a public hearing for any increase in
liquor license fees. The hearing is to consider an increase in fees not to exceed 10
percent, she noted.
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Page 2 of 9
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City Council Meeting - 05-22
October 18. 2005
Mayor Kimble opened the hearing.
Deb Junker, Ruby Begonia's, 112 N. Main St., pointed out that the number of liquor
licenses issued depletes the customer base. Secondly, she said this year's Lumberjack
Days was a "bust" economically for the bars downtown. She also spoke of expected
energy cost increases and the impact of the lift bridge closing, along with the impact of
the change in state law to .08. She asked that the fees not be increased by 1 0 percent.
Steve Meister, 901 S. Fourth St., Meister's Bar and Grill, also spoke of increasing
energy costs and said another 10 percent increase would be a bit steep.
Jim Junker, Ruby Begonia's, said his real concern is with the state .08 law. He
suggested the issue be studied for a year and said long-term the .08 level could
necessitate a decrease in the license fees.
Mayor Kimble closed the public hearing.
Councilmember Junker noted that the Council has kept license fees fairly well in check;
he suggested in future the City consider a tier system of fees. Councilmember Harycki
noted the 10 percent came up during consideration of the proposed budget and
property tax increases of about 10 percent; he said the intent is basically to match the
increase in the City budget. Council member Milbrandt suggested that in the future the
City consider a variable rate structure based on sales. Council member Harycki also
spoke of the possibility of a tiered system. Council member Milbrandt moved to proceed
with the license fee increase as proposed and to direct staff to begin looking at a
variable rate structure for the future. Councilmember Junker said he would be more
comfortable with an increase of 5-8 percent, rather than 10 percent since the fee may
be in place for 2006 only. Councilmember Milbrandt proposed to increase fees by 7
percent for 2006 only. Mayor Kimble pointed out that bar owners also have seen
significant increases in commercial property taxes and said he would like to see
something less than 7 percent. Councilmember Harycki noted the proposed 7 percent
increase only amounts to about $50. Councilmember Milbrandt agreed to amend his
motion to approve a 5 percent fee increase for 2006 and pursue a long-term option of a
variable fee structure. Council member Harycki agreed to amend his second.
Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt
Resolution 2005-229, approving liquor license fees for 2006.
Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble
Nays: None
This is the date and time for a public hearinq to consider a new On-Sale Liquor License for C &
G Sukopp. LLC.. DBA: Muraski located at 1491 Stillwater Boulevard. Stillwater, MN. applicant
Gary Sukopp. Notice was published in the Stillwater Gazette on September 29.2005.
Page 3 of 9
Minn. Stat ~ 340A.408, subd.
3.Minn. Stat ~ 340A.408,
subd. 2( a),
Minn. Stat ~ 28A.09.
Minn. Stat ~ 624.20, suM.
I(d).
Lyons v. City of Minneapolis,
63 N.W.2d 585 (MiIm. 1954).
Orr v. City of Rochester, 193
Minn. 371,285 N.W. 569
(1935).
".
CHAPTER 12
F.
License fees
.
Whenever a city requires a license, it may set a fee for the license.
In general, statutes granting authority to issue licenses do not specify
maximum fees. In a few cases, however, the statutes set maximum fees for
city licenses or prohibit fees. For instance, state law sets maximum fees for
off-sale liquor licenses. State law also states that a retail on-sale intoxicating
license fee is intended to cover the costs of issuing, inspecting, and other
directly-related costs of enforcement. Vending machines are subject to a
variety of limits on license fees depending on what is being sold and who is
responsible for inspections. State law limits the license fees that
municipalities may impose for a permit for the sale and storage of legal
fireworks.
Municipal licensing should not be viewed as a significant source of revenue.
Generally license fees must approximate the direct and indirect costs in
issuing the license and policing the licensed activities. License fees that
significantly exceed these costs are generally considered to be taxes that a
city does not have the authority to enact. The courts have reached a variety of
conclusions in cases where people have challenged a city's fee for a specific
license. But, several general rules seem discernible from the decisions. These
rules are discussed in the following sections.
1.
Activities that might become nuisances
.
When a business or activity could damage the public or degenerate into a
nuisance, the council may fix the fee high enough to discourage the number
of businesses who seek licenses. The most obvious examples are theaters,
public dances, pawnshops, and adult entertainment establishments. The
courts have specifically excluded gasoline stations, vending machines, taxi
drivers, dray drivers, messengers, plasterers, and bus companies from this
category.
Even in these cases, the courts have distinguished license fees from taxes and
have said cities may not impose fees solely for revenue. Yet, in practically all
cases in which the courts have said that license fees were excessive, the
courts have classified the business as a non-nuisance type. Occasionally, a
court has invalidated a fee as prohibitive when it related to a business that the
council could regulate but not prohibit.
HANDBOOK FOR MINNESOTA CITIES
12-9
This chapter last revised 12/15/2004
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City Council Meeting - 06-17
August 15,2006
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-17
August 15, 2006
SPECIAL MEETING
4:30 P.M.
Vice Mayor Junker called the meeting to order at 4:30 p.m.
Present:
Absent:
Councilmembers Harycki, Junker, Milbrandt and Polehna
Mayor Kimble
Staff Present:
City Administrator Hansen
Finance Director Harrison
OTHER BUSINESS
Budqet - Library
Library Director Lynne Bertalmio reviewed capital request items, specifically computers
and systems software, listening room equipment, printers, checkout equipment
programming tent for the terrace, children's computer items, children's homework
center, and others. She also discussed general budget line items.
City Administrator Hansen discussed the overall budget and the need to make
significant cuts from the proposed budget. He noted that requests for additional
personnel were having a major impact. Council came to consensus on the following
personal requests:
MIS - Yes, but at lowest responsible level as determined by City Administrator.
Police - No, but restore $20,000 to the CSO line item, funds to come from cuts to
proposed general fund budget
Fire - No
Streets/Parks/Sewer - No
Library - No, except for portion of MIS
The Council also came to consensus on the following cuts from the capital budget:
Recreation Center - No to monitors - No to new skid steer
Plant/City Hall - Eliminate new carpet in Council Chambers/reduce to $15,000
Fire - No wireless network - No to ruggedized laptop
Street - Eliminate trade-in of old skid steer and use old one at Recreation Center
Library - Reduce capital request to $50,000
Motion by Council member Milbrandt, seconded by Councilmember Harycki to adjourn at 6:30
p.m.
Page 1 of 10
City Council Meeting - 06-17
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August 15,2006
REGULAR MEETING
7:00 P.M.
APPROVAL OF MINUTES
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Motion by Council member Milbrandt, seconded by Council member Polehna to approve the
August 1, 2006 regular and recessed minutes and August 8, 2006 special meeting minutes.
All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
OPEN FORUM
Jim Buggert, 101 E. Olive, asked the City to silence the train horn at Teddy Bear Park.
He said the horn goes from 8 a.m. to 8 p.m. and is very disruptive of their lives. He said
he had sent a letter to Mayor Kimble and said there are other people in his building and
in the neighborhood who have the same concern. Vice Mayor Junker asked if there
was the same concern with the boat bell; Mr. Buggert responded that the issue is
primarily with the train whistle. City Administrator Hansen said staff is looking into the
matter, as this is not the first complaint received. Mr. Hansen said a decibel reading
would be taken and the issue brought back to the Council. Vice Mayor Junker also
suggested that the Parks Board look into the issue at the Board's August meeting.
STAFF REPORTS
Police Chief Dauffenbach publicly thanked Joe Peltier of CrashToys.Com for his .
contributions to the Police Department for use during Lumberjack Days. Mr. Peltier
donated several four-wheelers for use by officers, an air-conditioned trailer and other
equipment. The Chief thanked Mr. Peltier for his continuing support.
City Clerk Ward said the Council needs to set Canvassing Board dates for the local
elections. She requested that the meetings be scheduled for 4:30 p.m. Sept. 13
and Nov. 8.
Motion by Councilmember Harycki, seconded by Councilmember Polehna to set the
Canvass Board dates for 4:30 p.m., September 13 and November 8. All in favor.
Interim Public Works Director Sanders updated the Council on the Second and
Nelson project, which he said should be paved the following day. The lights are being
installed and sod placed in the 2006 street improvement project area, he said. The
Boutwell Road project was just started the day prior to the Council meeting, he noted,
and work will be going on for the next three months. Also, he said harvesting of Lake
McKusick and Long Lake has begun and should be completed within a week; he
noted that harvesting is dependent on weather conditions.
Fire Chief Glaser reported that the new grass rigs are in service with the old rigs being
put up for auction in the near future.
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Page 2 of 10
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City Council Meeting - 06-17
August 15,2006
CONSENT AGENDA*
.
Motion by Council member Milbrandt. seconded by Council member Polehna to approve the
Consent Agenda.
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
.
Resolution 2006-172, directing payment of bills
Resolution 2006-173, appointing election judges and fixing compensation
Resolution 2006-174, Memorandum of Understanding between the City of Stillwater
and Local 517, Council NO.5 of the American Federation of State, County and
Municipal Employees, AFL-CIO.
Resolution 2006-175, approval of wetland conservation act - Boutwell Road
Resolution 2006-176, approval of joint and cooperative agreement relating to the
use of law enforcement personnel and equipment and the investigation of major
cases Possible approval of Special Event - Art Reach Alliance - Annual Stillwater
Historic Home Tour - September 16, 2006
Possible approval of Special Event - St. Croix Education Assoc. - 5K walk for
United Way - August 28, 2006
Possible approval of Special Event - Stillwater Fitness - 5K walk/run -
benefiting -Tubman Family Alliance - October 14, 2006
Possible approval to purchase software for Recreation Center
Possible approval of variance to noise ordinance - Tim & Gayla Trooien
Resolution 2006-177, accepting work and ordering final payment for Terra
Springs Wall Repair Project (Project 2003-08)
Resolution 2006-178, approving contract with John T. Ballis
Possible approval of temporary liquor license - Episcopal Church of the Ascension
- October 14, 2006
PUBLIC HEARINGS
Case No. ZAM/06-01. This is the date and time for the public hearinq to consider a request
from US Homes for a Zoninq Map amendment chanqinq the zoninq desiqnation from
Aqricultural Preservation. AP. to TH. Townhouse on 25.3 acres of land. Millbrook Development
(Palmer Property),Olocated south of TH 96, west of Neal Avenue, north Brown's Creek and
east of Manninq Avenue. Notices were mailed to affected property owners and published in the
Stillwater Gazette on May 5. 2006. (tabled from August 1. 2006)
Case No. ZAM/06-02. This is the date and time to consider a request from US Homes for a
Zoninq Map amendment chanqinq the zoninq desiqnation from Aqricultural Preservation,
AP. to CR. Cottaqe Residential on 69.9 acres of land. Millbrook Development (Palmer
Property). located south of TH 96, west of Neal Avenue. north Brown's Creek and east of
Manninq Avenue. Notices were mailed to affected property owners and published in the
Stillwater Gazette on May 5. 2006. (tabled from Auqust 1. 2006)
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Page 3 of 10
City Council Meeting - 06-17
August 15. 2006
Case No. ZAM/06-03. This is the date and time for the public hearinq to consider a request
from US Homes for a Zoninq Map amendment chanqinq the zoninq desiqnation from
Aqricultural Preservation. AP. to TR. Traditional Residential on 72.7 acres of land. Millbrook .
Development (Palmer Property). located south of TH 96. west of Neal Avenue. north
Brown's Creek and east of Manninq Avenue. Notices were mailed to affected property
owners and published in the Stillwater Gazette on May 5. 2006. (tabled from Auqust 1.
2006)
Case No. PUD/06-07. This is the date and time to hold a public hearinq to consider a request
from US Homes for a Planned Unit Development for a 270 lot development on 132+1- acres of
land located south of TH 96. west of Neal Avenue. north Brown's Creek and east of Manninq
Avenue. Millbrook Development (Palmer Property). in the TH. Townhouse. CR. Cottage
Residential and TR. Traditional Residential District. Notices were mailed to affected property
owners and published in the Stillwater Gazette on May 5. 2006. (Resolution) (tabled from
Auqust 1. 2006)
Case No. SUB/06-05. This is the date and time to hold a public hearinq to consider a request
from US Homes for a Preliminary plat approval for a 270 lot development on 132+1- acres of
land located south of TH 96. west of Neal Avenue. north Brown's Creek and east of Manninq
Avenue. Millbrook Development (Palmer Property). in the TH. Townhouse. CR. Cottaqe
Residential and TR. Traditional Residential District. Notices were mailed to affected property
owners and published in the Stillwater Gazette on May 5,2006. (Resolution) (tabled from
August 1, 2006)
Case No. ANN/06-01. This is the date and time to hold a public hearinq to consider a
request from US Homes for a Annexation of 132+/- acres of land zoned TH. Townhouse.
CR. Cottage Residential and TR. Traditional Residential District into the City of Stillwater,
Millbrook Development (Palmer Property). located south of TH 96. west of Neal Avenue.
north Brown's Creek and east of Manning Avenue. Notices were mailed to affected property
owners and published in the Stillwater Gazette on May 5. 2006. (Resolution) (tabled from
Auqust 1. 2006)
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Community Development Director Turnblad introduced the 6 public hearings related to
US Homes' request for preliminary approvals for the Millbrook development. The
development, he said, consists of 270 homes, 172 single-family and 98 townhomes.
The requested approvals, he said, include requests for rezoning for the three different
housing types, approval of the concept Planned Unit Development, preliminary plat,
development agreement and annexation. He noted that phase 1 is scheduled to begin
in spring of 2007. He said the development includes three park areas, including an
active park, neighborhood park, and passive park by South Twin Lake. Both the
Carnelian-Marine and Brown's Creek watershed organizations have reviewed and
endorsed the trail plans, he said; he said the current plan provides for an 8' bituminous
trail outside both Brown's Creek and South Twin Lake buffer areas. The DNR also
needs to review the plans; the DNR has indicated that it most likely will approve the
plan as currently proposed. The Planning Commission recommended approval as
conditioned, he noted. as did the Joint Board. The Park Board also approved the
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Page 4 of 10
City Council Meeting - 06-17
August 15,2006
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revised trail and park package, he said. Mr. Turnblad stated that wording of the
Condition of Approval No. 12 in the resolution for the preliminary plat approval should
read "An as built easement map showing 30 foot easements, where possible, for trails
..." He noted that change was necessitated due to the need to move the trails outside
the watershed district buffers, pushing the trails close of some homes' backyards.
Councilmember Milbrandt pointed out that in the development agreement. the language
related to trails needs to be changed to indicate that all trails will be installed and
paved, rather than the language that indicates trails must be installed and paved "with
the exception of the trail around the west and south side of Twin Lake." Attorney
Magnuson concurred with the need to change that language. Councilmember Milbrandt
also pointed out that a dollar amount was missing on page 9 of the development
agreement relating to the developer's contribution to the cost of seal coating streets;
Attorney Magnuson noted that figure will be computed by Engineer Sanders and will be
included in the final agreement.
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Vice Mayor Junker opened the 6 public hearings concerning the Millbrook development.
Phil Carlson and Jay Liberacki, representing US Homes, stated the developer was in full
agreement with the conditions that have been laid out in the resolutions and in Mr.
Turnblad's report. Mr. Carlson stated they look forward to proceeding with the
development in requesting approval of the six items before the Council. Regarding the
trail issue, Mr. Carlson said it was his understanding that the easement would be 30 feet
where possible but down to a minimum of 15'. He also noted there is some language in
the development agreement that needs to be "wordsmithed" and several items that
need to be inserted but said the developer is comfortable with that agreement as well as
the condition of the DNR final approval. No other comments were received, and the
hearing was closed.
Council member Milbrandt spoke in support of the project noting the Council has dealt
with the development proposal on numerous times and the parties are now at a point
of agreement. He noted that unfortunately, complete agreement could not be achieved
regarding the trail issue, but that issue is a watershed district one, not the developer's
issue. Councilmember Junker agreed that the proposal is now at a point where the
Millbrook project will be one that both the developer and City will be proud of.
Council member Polehna said he thought the proposal was a good plan, providing
open space, trails and connections that the public will enjoy. Councilmember Harycki
also supported the project, saying the process of give and take has resulted in a better
plan.
Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt the first
reading of Ordinance No. 976, an ordinance amending the Stillwater City Code Section 31-
1, Subdivision 5 entitled Establishment of Districts.
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Motion by Councilmember Milbrandt. seconded by Councilmember Polehna. Harycki to adopt
.
Page 5 of 10
City Council Meeting - 06-17
August 15,2006
the first reading of Ordinance No. 977, an ordinance amending the Stillwater City Code Section
31-1, Subdivision 5 entitled Establishment of Districts.
.
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Motion by Council member Milbrandt, seconded by Councilmember Polehna Harycki-to adopt
the first reading of Ordinance No. 978, an ordinance amending the Stillwater City Code Section
31-1, Subdivision 5 entitled Establishment of District.
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Councilmember Harycki, seconded by Council member Milbrandt to adopt Resolution
2006-179, a resolution approving the preliminary plat and concept Planned Unit Development
for a US Homes Development located on State Highway No. 96 and known as Millbrook Case
No. 06-06.
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Motion by Council member Polehna, seconded by Council member Harycki, to adopt
Resolution 2006-179, a resolution approving Preliminary Plat and concept Planned Unit
Development (PUD) for a US Homes Development located On State Highway No. 96 And .
Known As Millbrook.
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Councilmember Milbrandt, seconded by Council member Harycki to adopt Resolution
2006-180, a resolution annexing land to the City Of Stillwater pursuant to the joint resolution of
the City And Town Of Stillwater as to orderly annexation dated August 16, 1996 Case No.
Ann/06-01.
Ayes: Council members Harycki, Junker, Milbrandt and
Polehna Nays: None
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Possible approval of Development Aqreement for Millbrook
City Attorney Magnuson said the development agreement was important in that there are
.
Page 6 of 10
,
.
.
.
City Council Meeting - 06-17
August 15, 2006
obligations the City have that must be fulfilled in a timely manner to facilitate providing utilities
to the site. One of those obligations, he said, is to construct the trunk sewer facilities off site
from near Neal Avenue up to the south edge of the property, along with the trunk water system
from Mary Lane up to the site. The trunk facilities, he noted will be an expense the City will
have to bear. There also is the issue of the developer having a certain trunk capacity that will
be built into the water and sewer infrastructure inside the development that will eventually
serve others, so a formula has been developed for providing a trunk credit for the developer.
The remainder of the agreement, he said tries to outline the obligation to provide security for
the work the developer does, promise to abide by their plans and conditions of the plat and
conditions of the watershed districts. He said the agreement attempts to address everything
that will be a continuing obligation, including a provision that obligates the developer to sweep
the streets. Councilmember Milbrandt asked if the new transportation adequacy fee was
included; Attorney Magnuson said that fee is included with a provision that the developer may
make payment in phases and assess the fee against lots within each phase. Attorney
Magnuson noted that a phasing schedule has to be developed and included in the agreement.
Councilmember Milbrandt asked whether there would be a "drop dead" date in the agreement,
a date at which fees must be paid to the City whether the development is complete or not;
Attorney Magnuson responded in the affirmative.
Motion by Councilmember Milbrandt, seconded by Council member Polehna to adopt
Resolution 2006-182, a resolution approving the development agreement for a US Homes
Development located on State Highway No. 96 and Known as Millbrook (Case No. 06-06), with
the changes previously addressed and the necessary wordsmithing and that the engineer's
rates and dates are included in the agreement.
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Possible approval of resolution declarinq costs and orderinq preparation of assessment roll for
2006 Street Improvement Proiect and 2nd and Nelson Street Storm Sewer Project
Interim Public Works Director Sanders said in order to hold the assessment hearings for
the Street Improvement Project and 2nd and Nelson Street Storm Sewer Project, the
Council needs to authorize staff to prepare the roll and call the hearing for the two
projects. The hearings would be held Sept. 19, he said.
Motion by Councilmember Polehna, seconded by Council member Milbrandt to adopt
Resolution 2006 -183, resolution declaring cost to be assessed and ordering preparation of
proposed assessments for 2006 Street Improvement Project (Project No. 2006-02),
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Motion by Councilmembers Milbrandt, seconded by Councilmember Polehna to adopt
Resolution 2006-184, resolution declaring cost to be assessed and ordering preparation of
proposed assessments for Second and Nelson Storm Sewer Improvement (Project No. 2006-
OS).
Page 7 of 10
City Council Meeting - 06-17
'"
August 15,2006
Ayes: Councilmembers Harycki. Junker, Milbrandt and Polehna
Nays: None
Possible approval of resolution callinQ for an assessment hearinq for 2006 Street
Improvement Project and 2nd and Nelson Street Storm Sewer Project
.
Motion by Council member Milbrandt, seconded by Council member Polehna to adopt
Resolution 2006-185, resolution calling for hearing on proposed assessment for 2006 Street
Improvement Project (Project 2006-02).
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt
Resolution 2006-186, resolution calling for hearing on proposed assessment for Second
& Nelson Streets Storm Sewer Project (Project 2006-08).
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
Possible approval of resolution approvinq bids and awardinq contract for 2006 sidewalk project
Interim Public Works Director Sanders reported that four bids had been received, with
Bailey Construction of Stillwater the low bidder at $63,407. The engineer's estimate wa.
$71,000, he noted.
Motion by Councilmember Harycki, seconded by Council member Polehna to adopt
Resolution 2006-187, accepting bid and awarding contract for 2006 Sidewalk
Rehabilitation Project (Project 2006-06)
Ayes: Councilmembers Harycki, Junker, Milbrandt and
Polehna Nays: None
COUNCIL REQUEST ITEMS
Council member Harycki said a resident who lives near the library brought up the issue
of the possibility the street might fail due to the heavy equipment that has been using
the streets during construction. Councilmember Harycki asked if there would be some
way to recover the cost of street repair, should repairs become necessary, or whether
that cost would be assessed to property owners. Interim Public Works Director Sanders
said that issue was not addressed as part of the contract, but suggested that was an
issue that could be discussed with the contractor. Councilmember Harycki asked about
the money that had been advanced for the Lumberjack Days fireworks and whether,
with the cancellation of the fireworks, that money would stay with the organizer and be
used for next year's event. City Administrator Hansen said he would discuss the issue .
Page 8 of 10
.
.
.
City Council Meeting - 06-17
August 15, 2006
with St. Croix Events. In response to Councilmember Harycki's first comments
regarding possible street damage, City Administrator Hansen noted that he had asked
Interim Public Works Director Sanders to keep an eye on the condition of both Third
Street and Fourth Street.
Councilmember Milbrandt asked if the requested financial information had been
received from the Brown's Creek Watershed District. Interim Public Works Director
Sanders said that had not yet been received and he would follow up on that matter.
ADJOURNMENT
Motion by Council member Milbrandt, seconded by Council member Polehna to adjourn at
7:49 p.m. All in favor.
Dave Junker, Vice Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2006-172, directing payment of bills
Resolution 2006-173, appointing election judges and fixing compensation Resolution
2006-174, Memorandum of Understanding between the City of Stillwater and Local 517,
Council No.5 of the American Federation of State, County and Municipal Employees,
AFL-CIO.
Resolution 2006-175, approval of wetland conservation act - Boutwell Road Resolution
2006-176, approval of joint and cooperative agreement relating to the use of law
enforcement personnel and equipment and the investigation of major cases Resolution
2006-177, accepting work and ordering final payment for Terra Springs Wall Repair
Project (Project 2003-08)
Resolution 2006-178, approving contract with John T. Ballis
Resolution 2006-179, a resolution approving the preliminary plat and concept Planned
Unit Development for a US Homes Development located on State Highway No. 96 and
known as Millbrook Case No. 06-06
Resolution 2006-180, a resolution approving Preliminary Plat and concept Planned Unit
Development (PUD) for a US Homes Development located On State Highway No. 96 And
Known As Millbrook
Resolution 2006-181, A resolution annexing land to the City Of Stillwater pursuant to the
joint resolution of the City And Town Of Stillwater as to orderly annexation dated August
16,1996 Case No. ANN/06-01
Resolution 2006-182, a resolution approving the development agreement for a US
Homes Development located on State Highway No. 96 and Known as Millbrook (Case No.
06-06)
Resolution 2006 -183, resolution declaring cost to be assessed and ordering preparation
Page 9 of 10
City Council Meeting - 06-17
August 15. 2006
of proposed assessments for 2006 Street Improvement Project (Project No. 2006-02)
Resolution 2006-184, resolution declaring cost to be assessed and ordering .
preparation of proposed assessments for Second and Nelson Storm Sewer
Improvement (Project No. 2006-0S)
Resolution 2006-185, resolution calling for hearing on proposed assessment for 2006
Street Improvement Project (Project 2006-02)
Resolution 2006-186, resolution calling for hearing on proposed assessment for
Second & Nelson Streets Storm Sewer Project (Project 2006-0
Resolution 2006-187, accepting bid and awarding contract for 2006 Sidewalk
Rehabilitation Project (Project 2006-06)
.
.
Page 10 of 10
-t'
i
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2006-188
Ation Rental
~dvanced Sportswear
Aggregate Industries
Allstar Wireless
Amdahl, Chris Locksmith, Inc.
American Classic Homes
Ancom Communications
APWA
Arch Wireless
AWl Diversified LLC
Becker Arena Products
Bell's Trucking
Boyer Ford Trucks
Bryan Rock Products
Carquest
Catco
Century power Equipment
Chemsearch
City of Cottage Grove
City of Oakdale
Clarey's
Clark, Luann
Coca Cola
aomcast
.ordinated Business Systems
Cross Connection Inspection Service
Cub Foods
Cummins NPower, LLC
Custom Remodelers
Dartfish
Denny Hecker Auto Connection
Detwiler, Brian
Election Data Direct
Emergency Automotive Technology, Inc.
EVAC Systems, Inc.
Fire Marshals Association of MN
Fred's Tire Company
Frontier Precision, Inc.
Galles Corporation
Gall's
General Security Services Corporation
Grafix Shoppe
Greeder & Mondor Electric Co.
Hanson, Larry
Harris Mechanical Services
.lIyard
Concrete & Trailer, Liquid Propane
Jersey's 4 on 4 League
Sand for Washington Park
Guardian Monthly Service, Rental Package
Keys for Service Generator, Service Call
Grading Escrow Refund
Radio Maintenance, Antenna Kits
Membership Dues
Pagers
Rebuild Stainless Skid
Thresholds for Dasher Boards
Tear Down and Clean Out Garage Pine Tree Trail
Vehicle Repairs
Topsoil
Equipment Repair Supplies
Parts 6109 Muffler
Wood saw Kit
Hang Tuff and Nu-Concept
Reserve Officers for Lumber Jack Days
Reserve Officers for Lumber Jack Days
Toolok & Bolt Cutter
Cleaning Service City Hall 8/17/06
Concession Supplies
Cable
Repairs to Copier
Test and Reports RPZ Valve
Boards & Commission Picnic, Supplies
Lube Filter
Refund Permit Fee, Job Canceled
Software for Skating School
Equipment Repair Supplies
Reimburse Mileage
Election Supplies
Parts
Hydrant Pak
Seminar
Tire Change
Paint
General Supplies
Remote Control Spotlight
Quarterly Alarm System Monitoring
Grafix for New Grass Rigs
Service Call
Boards & Commission Picnic
Inspect Boilers for Dome
Chemicals for Cleaning
209.81
2,210.00
696.37
179.90
92.00
6,000.00
162.96
200.00
128.28
90.00
225.25
4,120.00
256.89
134.24
994.00
349.54
299.90
307.59
5,737.72
4,500.00
472.82
132.00
1,551.60
68.33
419.63
360.00
906.07
12.72
406.25
2,712.00
16.55
17.80
90.65
83.04
101.33
50.00
70.28
129.25
1,638.50
318.40
64.84
450.00
5,640.00
78.15
630.00
960.17
EXHIBIT n An TO RESOLUTION #2006-188
Insight Public Sector
Integra Telecom
Interstate Batteries
K & K Express
Karnuth, David
Kirvida Fire
Lake Country Door, LLC
Lake View Hospital
League of Minnesota Cities
Legislative Associates, Inc.
M. Nelson Painting
Magler, Jeff
Magnuson Law Firm
Maple Island Hardware
Matrix Communications, Inc.
MBPTA
Menards
Metrocall, Inc.
MN Department of Labor & Industry
Moore, Richard
Moore, Sue
Napa Auto Parts
Nextel
North Hennepin Community College
Northwood Power Equipment
Office Depot
Office Max
Parts Associates, Inc.
Pioneer Rim and Wheel
Pro Guard
R & R Specialties of Wisconsin, Inc.
Ray O'Herron Co.
Readex Research
Reed Business Information
Reed's Sales & Service
River Valley Printing
Roeller, Jennifer
Roettger, David
Rottlund Homes
S & S Tree & Horticultural
Sentry Systems, Inc.
Sirchie Finger Print Lab
Skillpath Seminars
Sprint PCS
St. Croix Boat & Packet
St. Croix Recreation Co.
Page 2
Minor Equipment
Telephone
Batteries
Freight Charges
Refund 4 on 4
Fire Engine Maintenance
Repair Labor
Legal Blood Draws
Additional Insurance for Fireworks
Professional Services August
Painting at Public Works
School Reimbursement
Professional Services
Equipment Repair Supplies
Phone Repair
Conference Fee
General Supplies
Pager Accessories
Fall Seminars
Professional Services
Reimburse for Training Supplies
Equipment Repair Supplies
Cell Phone
Public Works Course
Chain Saw
Office Supplies
Office Supplies
Misc. Parts for Public Works Shop
Equipment Repair Supplies
Pro Shop Supplies
Gas Emission Test. Brush, Blade Grinds, Limit Switch
Tact. Water Pkt.
Attitude & Opinion Survey
Construction Bulletin Ad, 2006 Sidewalk Rehab Prj, Munklewi
Carburetor
Printing of Envelopes
Reimburse for Mileage & Parking
Reimburse for Uniform Bike Pants
Grading Escrow Refund
Playground Mulch
Security System Monitoring
General Supplies
2-Day Workshop
Cell Phone
July & August Arena Billings
Swing Set & Picnic Tables
~
,
87.34
924'
534.0
282.81
100.00
525.74
175.00
40.00
375.00
3,833.33
3,195.91
1,425.00
10,240.93
27.65
170.00
75.00
658.80
7.99
210.00
1,850.00
47.08
2.33
661i8
555
446.12
245.17
109.92
977.07
81.66
1,330.53
1,041.25
54.51
6,625.00
311.64
128.81
185.31
118.86
80.98
15,000.00
2,130.00
137.81
20,83
399.00
529.83
59,498..ii..
7,473..
~
EXHIBIT" A" TO RESOLUTION #2006-188
State of MN Office of Enterprise Technology
.eve Wicker
Stillwater Collision & Restoration
Stillwater Equipment Co
Stillwater Gazette
Stillwater Motors
Sullivan, Anna
T.A Schifsky & Sons
Tri State Bobcat
Turnblad, Bill
Twin City Saw Co.
Tyco
Verizon Wireless
Viking Industrial Center
Vogel Sheet Metal
Ward, Diane
Washington County Sheriffs Office
Washington County Transportation
Watson
West Marine
Woodbury, City of
Workwell Occupational Health
Yocum Oil
.ager Hardwood
MANUALS AUGUST 2006
MN Boundary Adjustments
MN Dept of Natural Resources
MN Dept of Natural Resources
MN GFOA
ADDENDUM TO BillS
Aspen Mills
Bruchu, Brian
Carquest
Felsch, Chris
Hansen, Steve
Holiday Fleet
Menards
Metropolitan Council
Moore, Richard
Municipals
aogge, Michel
w-vest
July 2006 Usage of Wide Area Network
Reimburse for Work Boots
Body Work, Replace Mirror Glass
Light bars for Grass Rigs
Publishing
Regulator
Refund Learn To Skate Classes
AC Fine Asphalt
Tires
Reimburse for Office Supplies
Equipment Repair Supplies
Service Fire Alarm System
Cell Phone
Safety Clothing
Damper Motor
Reimburse for Election Supplies
Reserve Sheriffs for Lumber Jack Days
Traffic Services
Slush Mix, Ice Cream
Bus Terminal
Lumberjack Days Police Officers
Medical Evaluations
Fuel
Playground Woodchips
Recording of Annexation Res. 2006-168
Public Waters Permit Fee & 50 Year License
50-Year License Fee for Boutwell Road
Monthly Meeting Fee
Uniforms
Reimburse for Investigator Uniforms
Equipment Repair Supplies
Reimburse for Shotgun Sling
Reimburse for Tuition
Fuel
Equipment Repair Supplies
August 2006 Service Availability Charges
Professional Services
2006 Fall Municipals Business Meeting
Reimburse for Mileage, Preservation Membership,
Telephone
Page 3
140.83
32.50
544.71
3,279.22
418.70
173.73
130.00
1,333.20
160.18
63.88
193.49
1,113.35
292.26
240.95
377.01
17.97
11,169.98
72.33
228.15
26.98
3,105.58
135.00
6,562.01
1,831.15
25.00
987.00
237.00
15.00
129.76
509.96
342.28
40.25
1,140.00
59.68
108.24
27,621.00
2,125.00
245.00
538.77
290.54
EXHIBIT n An TO RESOLUTION #2006-188
Ray OHerron Co Inc
Stillwater Gazette
Stillwater Motors
Uniforms Unlimited
University of MN
US Bank
Wal-Mart
Xcel Energy
Adopted by the City Council this
5th Day of September, 2006
Page 4
Uniforms Vests
Publications
Vehicle Repair Supplies
Taser Cartridges
Onsite Sewage Treatment Program
Pay Agent Fees
Office Supplies
Electricity & Natural Gas
TOTAL
....
2,785.22
75..
69.
698.41
200.00
1,246.53
448.53
32,733.93
271,522.20
.
.
.
.
.
MEMORANDUM
TO: Mayor & Council
FROM: City Administrator Hansen
DATE: August 22,2006
SUBJECT: Cable Communications Budgets Fiscal Year 2007
BACKGROUND INFORMATION
Attached are the budgets for fiscal year 2007 for the Central S1. Croix Valley Joint Cable
Communications Commission and the Valley Access Channels. The budgets need to be
approved by all member cities. I have reviewed the two budgets and compared them with
prior years and it appears they are reasonable and appropriate.
RECOMMENDATION
Council consider adoption of resolution approving the fiscal year 2007 budgets for
Central S1. Croix Valley Joint Cable Communication Commission and Valley Access
Channels.
.
Central St. Croix Valley
Joint Cable Communications Commission
Operating & Capital Expenditure Budget
Fiscal Year 2007
(February 1, 2007 - January 31, 2008)
Revenue
Franchise Fees
PEG Fees
Interest Earnings
Expense Reimbursements
2006 Lower Valley Funding
Total Revenue
Expenses
Salary (includes employer's FICA & PERA)
Admin. Secretary (30 hr. week) 33,200
.
Professional Services
Legal Fees
Accounting
.
Other Expenses
Office Supplies
Telephone
Postage
Maintenance/Repairs
Conf/Mtgs/Dues
Print/Publish
Insurance/Bond
Medical Insurance
Dental Insurance
Office Rent
Gas & Electric
Security System Monitoring
Photocopier Expenses
Access Center Support
(PEG Fees 110,000
Franchise Fees 127,150
Interest Earnings 2,000
Lower Valley Funds 16,800)
Miscellaneous Expenses
Marketing (Public Christmas Party)
1,000
650
1,000
1,600
325
100
1,900
75
4,500
5,300
450
16,200
1,800
150
300
255,950
2,000
1,000
200,000
110,000
4,000
2,000
16.800
$ 332,800
Cable Commission FY 2007 Budget - Page 2
.
Capital Expenses
Office Furniture/Equipment
200
Reserve Funds Accounts
Audit Fund
Legal Contingency
Leasehold/Facility/Relocation
HV AC Maintenance/Repair
Security Fund
Savings
Total Expenses
1,200
-0-
-0-
-0-
~O-
3.900
$ 332,800
.
.
.
.
.
Valley Access Channels
Operating & Capital Expenditure Budget
Fiscal Year 2007
(February 1, 2007 - January 31,2008)
Revenue
Commission Subsidies: PEG Fees
Franchise Fees
Interest Earnings
2006 Lower Valley Funds
Tape Dub Reimbursements
834 School Dist. Reimbursement
Miscellaneous Reimbursements
Total Revenue
110,000
127,150
2,000
16,800
Expenses
*Salaries (includes employer's PERA & FICA)
Access Manager - 40 hours 52,400
Government Coordinator - 40 hours 43,325
Access Assistant - 40 hours 38,550
Access Assistant - 40 hours 37,725
Totai Salary Expense $;72,000
Professional Services
Accounting
Other Expenses
Office Supplies
**Media Supplies
Telephone
Rent & CAM
Gas & Electric
Insurance/Bond
Medical Insurance
Dental Insurance
Postage/Mtg/Conf/Dues
Maintenance/Repairs
Mileage - 46c1mile
Publicity
Interns/Freelancers
834 School Board Meetings
Grants - 12 @$300
Misc/Facility/Office Furniture
650
1,200
1,200
1,600
32,400
3,600
3,300
19,200
2,100
1,500
5,000
550
1,500
10,000
1 ,450
3,600
5,000
255,950
6,000
3,500
1.000
$266,450
Valley Access Channels - FY 2007 Budget - Page 2
.
Security Monitoring
Copy Machine Expense
300
300
Total Expenses
$266,450
* Salary figures includes 3% COLA and a step increase mid-year.
** Media Supplies will also be funded with Tape Dub Reimbursements.
.
.
.
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2006-188
Aion Rental
~~anced Sportswear
Aggregate Industries
Allstar Wireless
Amdahl, Chris Locksmith, Inc.
American Classic Homes
Ancom Communications
APWA
Arch Wireless
AWl Diversified LLC
Becker Arena Products
Bell's Trucking
Boyer Ford Trucks
Bryan Rock Products
Carquest
Catco
Century power Equipment
Chemsearch
City of Cottage Grove
City of Oakdale
Clarey's
Clark, Luann
Coca Cola
.mcast
ordinated Business Systems
Cross Connection Inspection Service
Cub Foods
Cummins NPower, LLC
Custom Remodelers
Dartfish
Denny Hecker Auto Connection
Detwiler, Brian
Election Data Direct
Emergency Automotive Technology, Inc,
EV AC Systems, Inc.
Fire Marshals Association of MN
Fred's Tire Company
Frontier Precision, Inc.
Galles Corporation
Gall's
General Security Services Corporation
Grafix Shoppe
Greeder & Mondor Electric Co.
Hanson, Larry
Harris Mechanical Services
.lIyard
Concrete & Trailer, Liquid Propane
Jersey's 4 on 4 League
Sand for Washington Park
Guardian Monthly Service, Rental Package
Keys for Service Generator, Service Call
Grading Escrow Refund
Radio Maintenance, Antenna Kits
Membership Dues
Pagers
Rebuild Stainless Skid
Thresholds for Dasher Boards
Tear Down and Clean Out Garage Pine Tree Trail
Vehicle Repairs
Topsoil
Equipment Repair Supplies
Parts 6109 Muffler
Wood saw Kit
Hang Tuff and Nu-Concept
Reserve Officers for Lumber Jack Days
Reserve Officers for Lumber Jack Days
Toolok & Bolt Cutter
Cleaning Service City Hall 8/17/06
Concession Supplies
Cable
Repairs to Copier
Test and Reports RPZ Valve
Boards & Commission Picnic, Supplies
Lube Filter
Refund Permit Fee, Job Canceled
Software for Skating School
Equipment Repair Supplies
Reimburse Mileage
Election Supplies
Parts
Hydrant Pak
Seminar
Tire Change
Paint
General Supplies
Remote Control Spotlight
Quarterly Alarm System Monitoring
Grafix for New Grass Rigs
Service Call
Boards & Commission Picnic
Inspect Boilers for Dome
Chemicals for Cleaning
209.81
2,210.00
696.34
179.90
92.00
6,000.00
162.96
200.00
128.28
90.00
225.25
4,120.00
256.89
134.24
992.63
349.54
299,90
307.59
5,737.72
4,500,00
472.82
140.58
1,551.60
68,33
419.63
360.00
906.07
12.72
442.25
2,712.00
16.55
17.80
90.65
83.04
101.33
50.00
70.28
129.25
1,638.50
318.40
64.84
450.00
5,640.00
78.15
630.00
960.17
EXHIBIT" A" TO RESOLUTION #2006-188
Insight Public Sector
Integra Telecom
Interstate Batteries
K & K Express
Karnuth, David
Kirvida Fire
Lake Country Door, LLC
Lake View Hospital
League of Minnesota Cities
Legislative Associates, Inc.
M. Nelson Painting
Magler, Jeff
Magnuson Law Firm
Maple Island Hardware
Matrix Communications, Inc.
MBPTA
Menards
Metrocall, Inc.
MN Department of Labor & Industry
Moore, Richard
Moore, Sue
Napa Auto Parts
Nextel
North Hennepin Community College
Northwood Power Equipment
Office Depot
Office Max
Parts Associates, Inc.
Pioneer Rim and Wheel
Pro Guard
R & R Specialties of Wisconsin, Inc.
Ray O'Herron Co.
Readex Research
Reed Business Information
Reed's Sales & Service
River Valley Printing
Roeller, Jennifer
Roettger, David
Rottlund Homes
S & S Tree & Horticultural
Sentry Systems, Inc.
Sirchie Finger Print Lab
Skillpath Seminars
Sprint PCS
St. Croix Boat & Packet
St. Croix Recreation Co.
Page 2
Minor Equipment
Telephone
Batteries
Freight Charges
Refund 4 on 4
Fire Engine Maintenance
Repair Labor
Legal Blood Draws
Additional Insurance for Fireworks
Professional Services August
Painting at Public Works
School Reimbursement
Professional Services
Equipment Repair Supplies
Phone Repair
Conference Fee
General Supplies
Pager Accessories
Fall Seminars
Professional Services
Reimburse for Training Supplies
Equipment Repair Supplies
Cell Phone
Public Works Course
Chain Saw
Office Supplies
Office Supplies
Misc. Parts for Public Works Shop
Equipment Repair Supplies
Pro Shop Supplies
Gas Emission Test. Brush, Blade Grinds, Limit Switch
Tact. Water Pkt.
Attitude & Opinion Survey
Construction Bulletin Ad, 2006 Sidewalk Rehab P~,Munklewi1
Carburetor
Printing of Envelopes
Reimburse for Mileage & Parking
Reimburse for Uniform Bike Pants
Grading Escrow Refund
Playground Mulch
Security System Monitoring
General Supplies
2-Day Workshop
Cell Phone
July & August Arena Billings
Swing Set & Picnic Tables
#
87.~
924.
534.03
282.81
100.00
525.74
175.00
40.00
375.00
3,833.33
3,195.91
1,425.00
10,240.93
27.65
170.00
75.00
709.78
7.99
210.00
1,850.00
47.08
2.33
661.
555.
446.12
245.17
109.92
977.07
81.66
1,330.53
1,041.25
54.51
6,625.00
311.64
128.81
185.31
118.86
80.98
15,000.00
2,130.00
137.81
20.83
399.00
529.83
59,498..
7,473.
EXHIBIT" A" TO RESOLUTION #2006-188
State of MN Office of Enterprise Technology
Ave Wicker
~lIwater Collision & Restoration
Stillwater Equipment Co
Stillwater Gazette
Stillwater Motors
Sullivan, Anna
T.A Schifsky & Sons
Tri State Bobcat
Turnblad, Bill
Twin City Saw Co.
Tyco
Verizon Wireless
Viking Industrial Center
Vogel Sheet Metal
Ward, Diane
Washington County Sheriffs Office
Washington County Transportation
Watson
West Marine
Woodbury, City of
Workwell Occupational Health
Yocum Oil
.ager Hardwood
.
Page 3
July 2006 Usage of Wide Area Network
Reimburse for Work Boots
Body Work, Replace Mirror Glass
Light bars for Grass Rigs
Publishing
Regulator
Refund Learn To Skate Classes
AC Fine Asphalt
Tires
Reimburse for Office Supplies
Equipment Repair Supplies
Service Fire Alarm System
Cell Phone
Safety Clothing
Damper Motor
Reimburse for Election Supplies
Reserve Sheriffs for Lumber Jack Days
Traffic Services
Slush Mix, Ice Cream
Bus Terminal
Lumberjack Days Police Officers
Medical Evaluations
Fuel
Playground Woodchips
140.83
32.50
544.71
3,279.22
418.70
173.73
130.00
1,333,20
160.18
63.88
193.49
1,113.35
292.26
240.95
377.01
17.97
11,169.98
72.33
228.15
26.98
3,105.58
135.00
6,562.01
1,831.15
.
.
.
AGREEMENT
BETWEEN THE CITY OF STILLWATER
AND WOLF MARINE
ALLOWING FOR THE PUMPING OF WASTES INTO
THE CITY OF STILLWATER SANITARY SEWER SYSTEM
THIS AGREEMENT is made this _ day of August, 2006, between the City of
Stillwater, Washington County, Minnesota, a Home Rule City of the Third Class ("City"), and
Wolf Marine, Inc., a Minnesota corporation, ("Wolf Marine").
WHEREAS, Wolf Marine wishes to pump sanitary wastes from U.S. Park Service
latrines and boats into the City sanitary sewer system; and
WHEREAS, it is necessary to measure the waste flow rates in order to determine the
proper charge for this service.
NOW THEREFORE, the City and Wolf Marine for the consideration hereafter set forth,
agree as follows:
1. W oIfMarine will maintain records that will account for 100% of the flow pumped
into the sanitary sewer system from the U.S. Park Service latrines and boat waste dumping
facility.
2. Wolf Marine agrees to pay a quarterly payment based on the prior year's flow.
The first years' rate based upon an estimate, is set at $39.00 per quarter, representing the
minimum rate.
3. At the end of each year between December 15 and January 15, Wolf Marine
agrees to report the recorded flow to the City in order to determine if an annual adjustment of
rates is warranted.
4. Wolf Marine agrees to properly maintain the system in good working order and in
the event of failure of the system, notify the City and further to allow representatives of the City, .
upon notice in advance, to inspect the system.
5. Wolf Marine agrees to use the boat waste dumping facilityies and meter system
only for the intended purpose and will pump only nonvolatile substances, and no gas, oil, other
petroleum products, or any hazardous substances.
6. The City agrees to allow Wolf Marine to pump the boast wastes into the City
sanitary sewer system, only if all conditions of this Agreement are followed.
IN WITNESS WHEREOF, the parties have set their hands this
day of August,
2006.
CITY OF STILLWATER
Jay L. Kimble, Its Mayor
.
ATTEST:
Diane F. Ward, Its City Clerk
WOLF MARINE, INC., a Minnesota
corporation
By:
Eric Wolf
Its:
.
-2-
.
.
.
STATE OF MINNESOTA
)
) ss
)
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this day of
2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of
2006, by Eric Wolf, of Wolf Marine, Inc., a Minnesota corporation.
Notary Public
- 3 -
.
.
.
SERVICE AGREEMENT
THIS AGREEMENT made and entered into by and between the CITY OF
STll.LWATER, STATE OF MINNESOTA, hereinafter referred to as the "CITY," 216 North
Fourth Street, Stillwater, Minnesota 55082, on behalf of the Stillwater Fire Department, 216
North Fourth Street, Stillwater, Minnesota 55082, hereinafter referred to as the
"DEPARTMENT" and St. Croix Specialties, Inc., a Minnesota corporation, 81775 Industrial
Boulevard, Stillwater, Minnesota 55082, hereinafter referred to as the "PROVIDER."
WITNESSETH:
WHEREAS, the CITY, on behalf of the Department, wishes to enter into this Agreement
with PROVIDER to provide certain auction services for the Department's surplus fire trucks
("Vehicles"); and
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the CITY, on behalf of the Department, and the PROVIDER agree as
follows:
1. RIGHTS AND OBLIGATIONS OF DEPARTMENT OR CITY
a.
Title. Department or CITY will forward to PROVIDER the title for each Vehicle
assigned by Department or CITY to PROVIDER hereunder ("Owner's Title").
The Department or CITY shall forward Vehicles for which they have clear title
and ownership, free of all liens, claims, actions or disputes. Department or CITY
agrees to pay all costs, fees and other charges necessary for the proper transfer of
title on each Vehicle auctioned hereunder.
b. Bid Discretion. Department or CITY shall have the right, at its discretion, to
place a minimum bid on any Vehicle. Department or CITY shall enter such bids
on PROVIDER's Web site, by telephone, electronic mail, facsimile, or other
written correspondence. During the auction process, Department or CITY may
reject any and all bids on Vehicles remove Vehicles from PROVIDER's auction,
and remarket Vehicles at a subsequent auction, by other means or vendors.
2. RIGHTS AND OBLIGATIONS OF PROVIDER
a. Auction. PROVIDER shall promptly auction each Vehicle that is assigned to
PROVIDER. PROVIDER will ensure that all Vehic1es sold hereunder generate
the highest return practicable. PROVIDER will sell each Vehicle at auction to the
highest bidder.
3. PAYMENT FOR SERVICES
a. Fees. PROVIDER shall receive a fee for each Vehicle sold at auction of $200.00.
b.
Reimbursement. PROVIDER shall pay Department or CITY the auction price
paid by the Buyer of any Vehicle within thirty-five (35) business days from the
day of such Vehicles auctioned. PROVIDER may deduct all applicable advance
charges referenced above from the proceeds of each Vehicle sold under this
Agreement, together with an itemization of the net proceeds, and service fees
withheld from the sale's proceeds. Each Vehicle shall be identified by its own
inventory and/or bid number and accompanying information.
.
c. Title Transfer. Upon a sale of a Vehicle, PROVIDER and Department or CITY
will transfer title to the Buyer. The Department or CITY may provide a limited
power of attorney to PROVIDER to assist in transfer of title to each Vehicle
buyer.
4. NON-DISCRIMINATION
In accordance with the City of Stillwater's policies against discrimination, PROVIDER agrees
that it shall not exclude any person from full employment rights or participation in, or the
benefits of, any program, service or activity on the grounds of race, color, creed, religion, age,
sex, disability, marital status, sexual orientation, public assistance status, or national origin; and
no person who is protected by applicable Federal or State laws against discrimination shall be
otherwise subjected to discrimination.
5. WARRANTY DISCLAIMER
All Vehicles transferred to PROVIDER under this Agreement shall be sold by .
PROVIDER "AS IS" and without any warranty. PROVIDER shall take all steps
necessary to disclaim all warranties concerning the operability or condition of Vehicles.
The provisions of this Article shall survive termination of this Agreement. NEITHER
PARTY MAKES ANY EXPRESS OR IMPLIED WARRANTY OR
REPRESENTATION AS TO ANY MATTER WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THE MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OF ANY VEHICLE SOLD PURSUANT TO THIS
AGREEMENT.
6. INDEMNIFICATION AND INSURANCE
a. Each party (the "Indemnitor") shall indemnify, defend, and hold harmless the
other party, its affiliates, and their officers, directors, employees and agents (the
"Indemnified Parties") for and from any and all losses, liabilities, damages,
actions, claims, demands, settlements, judgments, and any other expense,
including but not limited to attorneys' fees and expenses, which are asserted
against, incurred by or suffered by the Indemnified Parties and which arise out of:
1. the violation of any Laws by the Indemnitor, its officers, directors,
employees or agents;
.
- 2 -
11.
the breach by the Indemnitor, its officers, directors, employees or agents of
any duty, covenant, condition, warranty, or representation contained in this
Agreement; or
.
111. the negligence, gross negligence, or willful or wanton misbehavior of the
Indemnitor, its officers, directors, employees or agents.
b. In order to protect the PROVIDER and those listed above under the
indemnification provision, the PROVIDER agrees at all times during the term of
this Agreement, and beyond such term when so required, to have and keep in
force the following insurance coverages:
Limits
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate
Products-Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence--Combined Bodily
Injury and Property Damage
$1,000,000
1,000,000
1,000,000
1,000,000
.
(2)
Workers' Compensation and Employer's Liability:
Workers' Compensation
If the PROVIDER is based outside the State
of Minnesota, coverage must apply to
Minnesota law
Statutory
Employer's Liability. Bodily injury by:
Accident-Each Accident
Disease-Policy Limit
Disease--Each Employee
100,000
500,000
100,000
(3)
Professional Liability-Per Claim and Aggregate
1,000,000
The professional liability insurance must be maintained
continuously for a period of two years after the termination
of this Agreement.
Copies of insurance policies shall be promptly submitted to the CITY upon written
request.
e
- 3 -
7. CONTRACT ADMINISTRATION
a.
Joe Peltier (telephone: 651-275-9245; fax: 651-275-9253) shall manage the
contract on behalf of the provider. Provider may replace such person but shall
immediately give written notice to the CITY of the name, phone number and fax
number (if available) of such substitute person and of any other subsequent
substitute person.
.
8. COMPLIANCE
a. ' The parties hereto shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
b. If the source or partial source of funds for payment of services under this
Agreement is federal, state or other grant monies, PROVIDER shall comply with
all applicable conditions of the specific grant, attached hereto and incorporated
herein.
9. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of
this Agreement or any statute or ordinance shall be in writing, and shall be sent registered
or certified mail. Notices to the CITY shall be sent to the CITY Administrator with a
copy to the originating Department at the address given in the opening paragraph of the
Agreement. Notice to the PROVIDER shall be sent to the address stated in the opening
paragraph of the Agreement or if not stated therein, then to the address stated in
PROVIDER's Form W-9 provided to and on file with the CITY.
.
10. CONFLICT OF INTEREST
The PROVIDER affirms that to the best of PROVIDER's knowledge, PROVIDER's
involvement in this Agreement does not result in a conflict of interest with any party or
entity which may be affected by the terms of this Agreement. The PROVIDER agrees
that, should any conflict or potential conflict of interest become known to PROVIDER,
PROVIDER will immediately notify the CITY of the conflict or potential conflict,
specifying the part of this Agreement giving rise to the conflict or potential conflict, and
will advise the CITY whether the PROVIDER will or will not resign from the other
engagement or representation.
11. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the herein parties and performance under it. The appropriate venue and
jurisdiction for any litigation hereunder will be those courts located within the County of
Washington, State of Minnesota. Litigation, however, in the federal courts involving the
.
-4-
.
.
.
I In~1 ''-'-'UI" L-n...... , J ,....., I
1"fU.OJ.O Vt:JO
herein parties will be in the appropriate federal court within the State of Minnesota. If
any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
PROVIDER, having signed this contract, and the CITY having duly approved this
contract on the ~ day of~. ~r., and pUTS\Hmt to such approval, the proper
CITY officials baving sigl1ed~e parties hereto agree to be bound by the provisions
herein set forth.
CITY OF STILLWATER
By:
A TIEST:
Jay L. Kimble
Its: Mayor
Diane F. Ward, City Clerk
ST. CROIX SPECIALTIES, INC.
~~
Jose eltier
Its: . resident
STATE OF MINNESOTA
)
) 55
)
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this ~ day of
2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater.
Notary Public
- 5 -
''tU.O,j.D VU f
STATE OF MINNESOTA )
)ss. .
COUNTY OF WASHINGTON )
On this #-..S-"r day of -, 2006, before me appeared Joseph Peltier to
me personally known, who did say that e is the President of ST. CROIX SPECIALTIES, INC.,
a Minnesota corporation, described herein and who executed the foregoing instrument; and that
said instrument was executed on behalf of said corporation by authority of its Board of Directors
or other Governing Body; and he acknowledged said instrumem to be the free act and deed of
said corporation, ~
Notary Public ~
DAVID TERRY MAGNUSON
NOTARY PUBLIC - MiNNESOT,
My Commission Expires Jan. 31, 2010
.6-
.
.
. }water
216 N. 4t'l Street
StillwateJ'~ MN 55082
Telephone: 651-430-8800 Fax: 651-430-8809
. APPLICATION FOR SPECIAL EVENT
~II items on application MUST be completed and received by the City 45 days prior to proposed
event
Incomplete applications will not be processed
g/.J3/~&
Submittal Date:
APPLICANT INFORMA TlON
Organization
Contact Person
Address
City
Daytime Phone
EmaH Address: oIfr' (I fJ @ tlp ~(I 111/ r(! j" () 1-
As till 5/'~ n t 1111 /'71 h Type of
C' ,J., ,71 I J Organization
~(t11(}t/ f/r~D.sC
c?/S ;,), tiff) 51\
sit' / /wtrbr State ftf 1'1/
Non-Profit 'X
For-Profit
h S-'-'-I3Cf-;2lo09 Alternate Number
Zip /;s~gJ.
h~ /- LJ 3 C} -;;1 17 S
EVENT INFORMA TION (Special Events involving the use of City Property may require Park Board or Parking
Commission Review. Events on Private Property may require Planning Commission review)
Date(s) of Event () t2. If) iu r &; :2~O{o Hours of Event ~ a f71 - I;l. h {J (J n
(Special Events conducted after 10:00 p.m., require
Council approval of a variance to the noise ordinance)
erpose & Description of Event '. . . .
~V[!f~1~~t'!~:f1i ~1:tJJJ! &:J%e ~f::;j,l ~lf~
Proposed Location of Event (be 1/ yj' j
specific) .:1/ A/ ,-1n 01-.
-frtJnf 01- lj,J
.-i:b SfQ'/ /n
If Lowell Park is to be
used:
North Lowell Park or
South Lowell Park
(Circle which one or both)
flhv rth.
BU~llJl 4- .tAt 1t/7J'm1Ji5
Estimated number of people to
attend r2 ..3{)
Type of Event
Following Information must be supplied
(Put a check next to items pertaining to your event. If not applicable - Please put NIA in the space)
Selling Alcohol
Permit to Consume
Site Map (required)
.pact on Parking (required)
Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day
(for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) . $35.00 fee)
'I-... (attach to application)
r /1'1 -{'rt2;+Cri~j if.1~rz~~. on -dk sl-r~ f
I
(CONTINUE ON BACK)
Special Signage
~
Describe:
Letter of Approval by Property Owner if on Private
Property (attach to application)
Tents or Membrane Structures
Cooking Operations
Water Activities (River/Lakes)
EMS Needs
Open Flame or Burning
Operations
Fireworks
Street Closure
Police Officer Needed
Restrooms (Portable)
Live Entertainment
Size
Propane
River Lake Name:
.
Location
Deep fat frying
Exiting Points
Other
EMT Standby
Ambulance
Standby
Fire
Department
Standby
Describe
L What Streets: /tr-P tt "h-f'ro n-l oj ,:} Jl..J 1//..:3 rd SJ. J
(Required if alcohol is being served on public property and attendance is over 75
people or at the discretion of the Police Chief) - Contact Stillwater Police (651-
4351-4900) to arrange for officer
(Applicant to pay for restrooms - Contact Public Works 275-4100)
4,
Community Development
City Administrator
City Clerk
Fire Chief
Police Chief
Public Works Director
Public Works Superintendent
Parks Board Approval Required
Planning Comm. Appr. Required
City Council Approval Required
.
ClZf Comments:
W'" rIJ,i--
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D
D
D
~
4?r5 9f,t,~ 5V1t>J\~ ht- bWe.l oC..vt Mvll,4ri.it. ~'T)~
FEES (if applicable)
Permit to Consume:
Temporary Liquor License
$25.00 per day
Event Fee
Deposit $250.00
Other Fees:
.
TOTAL FEES
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101
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.
.,'.....,....
Reconnecting with HistOIY
The William Sauntry Mansion and Gymnasium open together for the first time in nearly
90 years.
""'" To. help, <telebrate the event the home will be open to the public to tour on Saturday
September 30 'froriiNo()Il to 4pm.Thetoutwill also 'includethe Sauntry. Gymnasium next
door; the first time the public will have a chance to view both portions of Sauntry' s home
i~nearly:90 years.
. -.
,
.-';"" ~ d.- ",
Ticket prices'are $15 each and ihchlderefreshments; hot dogs and-ice cream to be
enjoyed'on'iliebeautifullawn of the Mansion. All proceeds from the tours will be
,donated to the Washington County Historical Society,
The Sauntry Mansion Bed & Bteakfast is the only B & B in Stillwater listed on the
National Register of Historic Places. The Mansion has been owned and operated by Tom
and Sandy Lynum since they purchased it ih 1999 and has become an award winning B &
B.
",
.'
"
The Sauntry Gymnasium, often referred to as the "AlhamQrj1." is modeled after the famed
Moorish Castle in Granada, Spain. The Gymnasium is considered one of, if not the finest,
example of Moorish revival architecture in the United States and is owned by Marty and
Judy Nora. The Nora's have painstakingly restored the Gymnasium since they purchased
it in 1999. Since that time, the" Alhambra" has been featured on several television shows
including HGTV's "If Walls Could Talk," and the Travel Channel's "Passport to
Design,"
The Sauntry MansiOJ! was constnicted in 1881. In September 1902 his "Moorish-Style"
.,gytllJ1~!ium was opened with great fanfare. "The scene below might have been
fairyland," proCIaitned the Stillwater Gazette of September 20, 1902, "certain it was a
veritable Moorish Palace reproduced."-' ,
"fliere Will also bean<evetili1g ",ire. at the Sauotry Gymnasium on the evening of '"'\
September 30th. . Alt. )
-\1 s O'~ I
. . Jr--
'1O~ ~:<~
LfF)
-.... .-.....,..-.,'.."-..... .....-,..--.-....,...--..,
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,'_.'~:.,. '....~ -,,' -, ',- '~.-.,........~"~~.,-,,.._,..,.-uf
) .'
.
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar St-Suite 133
S1. Paul, MN 55101-5133
(651)296-9519 Fax (651)297-5259 TTY (651)282-6555
APPLICATION AND PERMIT
FOR A TEMPORARY ON-SALE LIQUOR LICENSE
, J TAX EXEMPT NUMBER
/.1'1- h(J~f33
STATE ZIP CODE
SflLUv4lE:1'L MIN tV ~ SO 8'2..
BUSINESS PHONE I HOME PHONE
<'5;) 4 9- ~ ?It:> <)
TYPE OF ORGANIZATION
o CLUB DCHARITABLE DRELIGIOUS DOTHER NONPROF
~8r~~m ....lJ<- ~f-r~t~ Sh'}/.o"h....
ADDRESS ..j
Po bel{. 202, <>t"]""4 J-<<
A~~S~, t>w U1'~ ":J-.rul: ~.t 1~ J-v-
.
Location where license will be used. If an outdoor area, describe
(,1-5 5th S}y~~/- 'wrfi.. Sfi")/~f.f{r. I'hN. PJtlUh/-r,V t;ym"~/Jih- I' "/}/JI?hJJ"4"
Will the applicant contract for intoxicating liquor services? If so, give the name arid address of the liquor licensee providing the service.
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(NOTE: Insurance is not mandatory.)
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMfITlNG TO ALCOHOL & GAMBLING ENFORCEMENT
CITY/COUNTY City of Stillwater DATE APPROVED
CITY FEE AMOUNT $25.00 per day LICENSE DATES
DATE FEE PAID
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED Alcohol & Gambling Enforcement Director
Note: Do not separate these two parts, send both parts to the address above and the original signed by tbis division
will be returned as tbe license. Submit to the city or County at least 30 days before the event.
e
PS.09079 (6t
.
.
.
STAFF REQUEST ITEM
I Department: MIS
I Date: 09.01.06
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Purchase of seven computers (MIS - 1, Police - 3, Fire - 1, PW - 1, Rec. Ctr. -
1)
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Money for these compters was budgeted in the capital outlay budget for 2006.
Total cost is $7933.80 plus tax.
ADDITIONAL INFORMATION ATTACHED Yes_X_ No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Date: 09/01106
Submitted by: Rose Holman
Find a Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at Dell. - St... Page 1 of2
....1;
Dell recommends Windows@ XP Professional
.
Print Cart
~ Print This Page
E..quote Number: 1000130162513
Saved By: Rose Holman
(651) 430-8804
Phone Number:
rholman@cLstillwater.mn.us Purchasing Agent:
Saved On: Friday, September 01,2006 Notes/Comments:
Expires On: Monday, October 16, 2006 Additional Comments:
Description
OptiPlex GX520 Mini-Tower
Date & Time: September 01,200612:28 PM CST
SYSTEM COMPONENTS
OptiPlex GX520 Mini-Tower
Intel@Pentium@ D Processor 820 (2.80GHz, DC, 2X1M,
800M Hz FSB), Genuine Windows@ XP Professional, SP2,
with Media
Catalog Number:
Module
OptiPlex GX520 MT with Int
Broadcom@ GbNIC
Operating System(s)
File System
Memory
Keyboards
Monitors
Boot Hard Drives
Floppy
Mouse
Lead Free Motherboard
Qty 3
Unit Price $1,124.04
84 W1561
.
Description
Show Details
Intel@ Pentium@ D Processor 820 (2.80GHz,
DC, 2X1 M, 800M Hz FSB)
Genuine Windows@ XP Professional, SP2, with
Media
NTFS File System for all Operating Systems
1.0GB DDR2 Non-ECC SDRAM,533MHz,
(1 DIMM)
Dell USB Keyboard, No Hot Keys, English,
Black
Dell 19 inch UltraSharp TM 1907FP Flat Panel,
Adjustable Stand, VGAlDVI
80GB SATA 3.0Gb/s and 8MB DataBurst
Cache ™
1.44MB 3.5 Inch Floppy Drive
Dell USB 2-Button Optical Mouse with Scroll,
Black
RoHS Compliant Lead Free Chassis and
Motherboard
e
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Removable Media Storage
Devices
16X DVD+/-RWand 16X DVD, with Roxio
Creator Dell Edition
Integrated AC97 Audio
Dell AS501 Sound Bar for all UltraSharp Flat
Panel Displays (Black)
No Resource CD
Energy Star Enable
3 Year Standard Plan (Next Business Day
onsite with Gold Tech Support)
No Onsite System Setup
Audio Solutions
Speakers
Resource CD
Energy Star Setting
Hardware Support Services
Installation Support Services
TOT AL:$3,372.12
Total Price
Sub-total
$3,372.12
$0.00
Shipping & Handling
Tax1
State Environmental Fee 1
More Info
Total Price2
1 Applicable sales taxes are currently unavailable in the Dell Online Store for your order. The amount of sales tax applicable for the items y
email or phone following receipt of your online order.
2 For shipments of certain products to California, state environmental fee of up to $10 per item will be added at order invoice. For shipment
environmental fee will be applied to your invoice. Pricing, specifications, availability, and terms of offers may change without notice and DC
HANDLING CHARGES, TAXES, OR RESTOCKING CHARGES. Please note that Dell cannot be responsible for typographical or other err
orders resulting from such errors. Refer to your invoice for final information regarding order detail, including tax & shipping amounts. Offers
rounded to the nearest dollar for online display. All sales are subject to Dell's Terms and Conditions of Sale located at www.delLcom unles:
Picture is for illustrative purposes only. Price may increase or decrease depending on options selected.
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Dell recommends Windows@ XP Professional
.
Print Ca rt
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E-Quote Number: 1000130445173
Saved By: Rose Holman
(651) 430-8804
Phone Number:
rholman@ci.stillwateLmn.Us Purchasing Agent:
Saved On: Friday, September 01,2006 Notes/Comments:
Expires On: Monday, October 16, 2006 Additional Comments:
Description
OptiPlex GX520 Desktop
Date & Time: September 01,2006 5:29 PM CST
SYSTEM COMPONENTS
OptiPlex GX520 Desktop
Intel@ Pentium@ D Processor 820 (2.80GHz, DC, 2X1M,
800M Hz FSB), Genuine Windows@ XP Professional, SP2,
with Media
Catalog Number:
Module
OptiPlex GX520 DT with Int
Broadcom@ GbNIC
Operating System(s)
File System
Memory
Keyboards
Monitors
Boot Hard Drives
Floppy
Mouse
Lead Free Motherboard
Qty 3
Unit Price $1,089.72
84 W1563
.
Description
Show Details
Intel@ Pentium@ D Processor 820 (2.80GHz,
DC, 2X1M, 800M Hz FSB)
Genuine Windows@ XP Professional, SP2, with
Media
NTFS File System for all Operating Systems
1.0GB DDR2 Non-ECC SDRAM,533MHz,
(2DIMM)
Dell USB Keyboard, No Hot Keys, English,
Black
Dell 19 inch UltraSharp TM 1907FP Flat Panel,
Adjustable Stand, VGNDVI
80GB SATA 3.0Gb/s and 8MB DataBurst
Cache TM
1.44MB 3.5 Inch Floppy Drive
Dell USB 2-Button Optical Mouse with Scroll,
Black
RoHS Compliant Lead Free Chassis and
Motherboard
.
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Removable Media Storage
Devices
16X DVD+/-RW,w/Sonic Software™
andCyberlinkPower DVDTM,no Media
Integrated AC97 Audio
Dell AS501 PA Sound Bar for all Entry Flat
Panel Displays (Black)
Resource CD-contains Diagnostics and Drivers
Energy Star Enable
3 Year Standard Plan (Next Business Day
onsite with Gold Tech Support)
No Onsite System Setup
Keep Your Hard Drive, 3 Year
Audio Solutions
Speakers
Resource CD
Energy Star Setting
Hardware Support Services
Installation Support Services
Keep Your Hard Drive
TOTAL:$3,269.16
Total Price
Sub-total
$3,269.16
$0.00
Shipping & Handling
Tax1
State Environmental Fee 1
More Info
Total Price2
1 Applicable sales taxes are currently unavailable in the Dell Online Store for your order. The amount of sales tax applicable for the items y
email or phone following receipt of your online order.
2 For shipments of certain products to California, state environmental fee of up to $10 per item will be added at order invoice. For shipment
environmental fee will be applied to your invoice. Pricing, specifications, availability, and terms of offers may change without notice and DC
HANDLING CHARGES, TAXES, OR RESTOCKING CHARGES. Please note that Dell cannot be responsible for typographical or other err
orders resulting from such errors. Refer to your invoice for final information regarding order detail, including tax & shipping amounts. Offers
rounded to the nearest dollar for online display. All sales are subject to Dell's Terms and Conditions of Sale located at www.delLcom unles:
Picture is for illustrative purposes only. Price may increase or decrease depending on options selected.
Copyright 1999-2006 Dell Inc.
Battery Recall I About Delli Conditions of Sale and Site Terms I Privacy Policy I Contact Us I Site M
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Dell recommends Windows@ XP Professional
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E-quote Number: 1000131106873
Saved By: Rose Holman
Phone Number:
(651) 430-8804
rholman@ci.stillwater.mn.us Purchasing Agent:
Saved On: Friday, September 01,2006 Notes/Comments:
Expires On: Monday, October 16, 2006 Additional Comments:
Description
OptiPlex GX620 Desktop
Date & Time: September 01,2006 5:29 PM CST
SYSTEM COMPONENTS
OptiPlex GX620 Desktop Qty 1
Intel@ Pentium@ D Processor 830 (3GHz,DC,2X1M,800MHz . .
FSB), Genuine Windows@ XP Professional, SP2, with Media Unrt Pnce $1,292.52
Catalog Number:
84 W1557
Module
Description
Intel@ Pentium@ D Processor 830
(3GHz,DC,2X 1 M,800MHz FSB)
Genuine Windows@ XP Professional, SP2, with
Media
Show Details
.
OptiPlex GX620 DT with Int
Broadcom@ GbNIC
Operating System(s)
Boot Hard Drives
NTFS File System for all Operating Systems
2.0GB DDR2 Non-ECC SDRAM,533MHz,
(2DIMM)
Dell USB Keyboard, No Hot Keys, English, Black
Dell 19 inch UltraSharpTM 1907FPV Flat Panel,
Adjustable Stand, VGAlDVI
Integrated Video, Intel@GMA950
160GB SATA 3.0Gb/s and 8MB DataBurst
Cache ™
File System
Memory
Keyboards
Monitors
Video Card
Lead Free Motherboard
1.44MB 3.5 Inch Floppy Drive
Dell USB 2-Button Optical Mouse with Scroll,
Black
RoHS Compliant Lead Free Chassis and
Motherboard
.
Floppy
Mouse
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.
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16X DVD+/-RW,w/Sonic Software™
andCyberlinkPower DVDTM,no Media
Integrated AC97 Audio
Dell AS501 PA Sound Bar for all Entry Flat Panel
Displays (Black)
Resource CD - contains Diagnostics and Drivers
Energy Star Enable
3 Year Standard Plan (Next Business Day onsite
with Gold Tech Support)
Installation Support Services No Onsite System Setup
Removable Media Storage
Devices
Audio Solutions
Speakers
Resource CD
Energy Star Setting
Hardware Support Services
TOT AL:$1 ,292.52
Total Price
Sub-total
$1,292.52
$0.00
Shipping & Handling
Tax1
State Environmental Fee 1
More Info
Total Price2
1 Applicable sales taxes are currently unavailable in the Dell Online Store for your order. The amount of sales tax applicable for the items y
email or phone following receipt of your online order.
2 For shipments of certain products to California, state environmental fee of up to $10 per item will be added at order invoice. For shipment
environmental fee will be applied to your invoice. Pricing, specifications, availability, and terms of offers may change without notice and DC
HANDLING CHARGES, TAXES, OR RESTOCKING CHARGES. Please note that Dell cannot be responsible for typographical or other err
orders resulting from such errors. Refer to your invoice for final information regarding order detail, including tax & shipping amounts. Offers
rounded to the nearest dollar for online display. All sales are subject to Dell's Terms and Conditions of Sale located at www.delLcom unles~
Picture is for illustrative purposes only. Price may increase or decrease depending on options selected.
Copyright 1999-2006 Dell Inc.
Battery Recall I About Delli Conditions of Sale and Site Terms I Privacy Policy I Contact Us I Site M
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BuLDING
333 NORM MAIN STREET • SUITE #202 - P.O. BOX 438 • STILLwATER, MN 55082
TELEPHONE: (651)439-9464 • FAX: (651)439-5641
DAviD T. MAGNUSON MARGARET M. MURPHY
MEMORANDUM
TO: Mayor, City Council and Staff
FROM: David T. Magnuson
DATE: August 31, 2006
RE: Minnesota Zephyr Mortgage
Request for Amendment to Subordination Agreement
As part of the efforts to relocate the Minnesota Zephyr to Stillwater and the transfer of
land for construction of a depot, the Zephyr executed a $120,000 mortgage in favor of the City.
This was a 20 year mortgage with an interest rate of 8% and the monthly payments have been
paid on a timely manner since the mortgage was executed.
Also, in 1992, the City entered into a Subordination Agreement to facilitate construction
of the Depot which allowed the Construction Mortgage to be senior to the City's prior mortgage.
Recently, I received a call from the lawyer for Associated Bank requesting that we amend the
Subordination Agreement to correct the record since, by mistake, a Satisfaction was filed of the
mortgage that was referenced in the Subordination Agreement. Since a new mortgage will now
need to be filed to reinstate the mortgage satisfied by mistake, it will be necessary to restate the
Subordination Agreement. I enclose a draft of that Agreement for your consideration. I would
recommend that the City act favorably on this request.
espectfully,
Davi T. Magn son
Stillwater City ttorney
DTM/jmo
.
THIRD AMENDMENT TO SUBORDINATION AGREEMENT
This Third Amendment to Subordination Agreement (the "Amendment") is entered into
as of September ---> 2006, by and between the City of Stillwater, Minnesota, a body corporate
and politic under the laws of the State of Minnesota (the "City") and Associated Bank
Minnesota, National Association, a national banking association, fJk/a Signal Bank (the
"Lender").
RECITALS
A. Minnesota Zephyr Limited, a Minnesota corporation (the "Borrower") previously .
executed a $124,000 Mortgage dated November 13, 1992, in favor of the City (the "City
Mortgage") and filed of record in the office of the Registrar of Title of Washington County,
Minnesota, on November 17, 1992, as Document No. 1020785, pursuant to which the Borrower
granted to the City a mortgage lien in and to the real property legally described on Exhibit" N'
attached hereto (the "Mortgaged Property"), as contemplated in that certain Development
Agreement between the City and the Borrower dated October 20, 1992, and filed of record in the
office of the Registrar of Titles of Washington County, Minnesota, on November 17, 1992, as
Document No. 102787 (the "Development Agreement").
B. The Borrower also previously executed that certain $812,000 Mortgage,
Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement dated
November 13, 1992, and filed of record in the office of the Registrar of Titles of Washington
County, Minnesota, on November 17, 1992, as Document No. 1020784, pursuant to which the
Borrower granted to the Lender a mortgage lien in and to the Mortgaged Property, which
mortgage was amended September 30, 1993, amended again on December 23,2002, and finally
amended on August 11, 2003, and filed of record in the office of the Registrar of Titles of
Washington County, Minnesota, on September 23, 2003, as Document No. 1135639,
(collectively, the "Lender Mortgage").
C. The City and the Lender previously executed a certain Subordination Agreement
dated as of November 13, 1992, and filed of record in the office of the Registrar of Titles of
.
.
.
.
Washington County, Minnesota on November 17, 1992 as Document No. 1020786, and amended
by the Second Amendment to Subordination Agreement dated February 26,2004, filed of record
in the office of the Registrar of Titles of Washington County, Minnesota on June 21, 2004 as
Document No. 1146284, pursuant to which the parties agreed to subordinate the City Mortgage
and the Development Agreement in favor of the Lender Mortgage and Junior Mortgages (as
defined in the Second Amendment to Subordination Agreement) (as amended the "Subordination
Agreement").
D. The Lender erroneously satisfied the Lender Mortgage by a Satisfaction of
Mortgage dated February 20, 2004, and filed of record in the office of the Registrar of Title of
Washington County, Minnesota, on June 21,2004, as Document No. 1146279.
E. It was not the Lender's intent to satisfy the Lender Mortgage as the indebtedness
secured by the Lender Mortgage was not satisfied. Accordingly, the Borrower has, or is about
to, execute an Amended and Restated Mortgage, Security Agreement and Fixture Financing
Statement in favor of the Lender in the amount of Two Hundred Eighty Six Thousand Dollars
($286,000) which is the remaining principal due on the note originally secured by the Lender
Mortgage, and will be filed of record in the office of the Registrar of Titles of Washington
County, Minnesota (the "Amended Lender Mortgage").
F. The Lender and the City desire to amend the Subordination Agreement again to
reflect that the City Mortgage and Development Agreement will continue to be subordinated in
favor of the Amended Lender Mortgage and will also be subordinated in favor of the Lender
Junior Mortgages.
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree that the lien created by the City Mortgage and all of the right, title and interest of the City
in and to the Mortgaged Property and the City Mortgage and the Development Agreement will
be, and continue to be, subordinate to: the Amended Lender Mortgage and the liens created by
the Amended Lender Mortgage; the Lender Junior Mortgages and the liens created by the Lender
Junior Mortgages; and all of the right, title and interest of the Lender in and to the Mortgaged
Property.
"
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
Subordination Agreement to be duly executed and delivered as of ,2006.
CITY OF STILLWATER, MINNESOTA
.
By:
Its:
ASSOCIATED BANK MINNESOTA,
NATIONAL ASSOCIATION
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2006,
by , the , of City of
Stillwater, Minnesota, a body corporate and politic under the laws of the State of Minnesota, on .
behalf of the city.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2006,
by , the , of Associated
Bank Minnesota, National Association, a national banking association, on behalf of the
association.
Notary Public
.
~
.
.
.
Exhibit A
Le2a1 Description of The Property
AU that part of Tract 2 a.~ descnOed on the Certificate of Tide Number 65 and deHnC:4ted
upon the map marked "Exhibit S" attached hereto, as the same is ret.>t~rdcd ~n the Office
of the Registrar of Titles of Washington CO~tnty. Minnesota, des~-ribed as follows:
Commencing at the intersection of the easterly line of Main street and the northerly line
of Laurel Stre{..'t. as 8hown on the pIal of the OriginalTQwn, now City of Stillwater. as
amended hy M}-n)tl Shepard's Perfected. Plat {}f the City of Stillwater dated May 211
1 &7S~ tht.'llce North 08 dcgrot:s 36 minutes 08 seconds Eas~ assumed bearing, along said
ca$terly line of Main Strct."l48.00 feet; thenc-e Suuth 81 degrees 23 minutes 52 seconds
Ea.~t al()ng a line hereinafter ret~ned to as "Line A I! J 8 feet. to the point of beginning of
the parcel being described~ tlU."llCC North 07 degrees 24 minutes 09 seconds East 441.07
feet; thtmce oortheastt'rly 209.25 feet along a Il{ln.tangential curve concave to the
northwest having a radius of 284.57 feet, a central angle of 42 c.legrees. 07 minut.es 50
st."OOnds and the chord of said curve bears Nortll 32 degrees 29 minutes OJ seconds East;
thence NQrth 11 degrees 25 minutes 08 seconds East~ a1<mg tatlgetlt~ 35.93 feet, more or
less, to the easterly line of said Tr.tct 2. CL'1iificate of Title Number 65; thence South 04
degrees 55 minutes 28 seconds West aloug said easterly line 635.47 feet; thence southerly
18.56 toot along said easterly line on a tatlf,~tial (..'UCVe concave to the easl~ having a
radius of 2873.93 feet and a ~entral angle of (,1() degrees 22 minutes 12 seconds. to said
northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West
along said 1'lortherly line 26.15 feet. more or less, to a point 124 feet easterly, asmeasuroo
along said northcrlyHnc from said easterly line of Main Street; thence South 12 degrC\.~
12 minutes 16 seconds \Vest along said eastt;.'fiy line of Tract 2 a distance of 28.68 feet
more or less to the centerline of said l.a1.lreJ Street; thence $01.rth 72 degrees 51 minutes
06 8a."Onds West along said centerline 84.25 foot~ more or less, to the intersection witn a
line drawn parallel with and 34..00 feet ca.~erly, as measured at right ar~les. Of said
easterly line ofMnin Stret.'t; thence North 08 degrees 36 m.inutes 08 seconds E3St: parallel
v.>ith said castct.'rly line 59.36 feet, more Of less to the jntef~ection with ~ eusterly
pn~jection of the before described "Une A~; th~lce North 81 degr<<-s 23 minutes .52
seconds \Vcs1 along &1.id projected line 16.(1) feet to the point ofbegjnning.
d
· lwater
.
1H( IIIT.PLACE Of MIMNf:5Dli\
1. APPLICANT
REQUEST FOR INSTAllATION OF BANNER
(FOR NON-PROFIT ORGANIZATIONS ONLY)
~
-~. yn~ ~
TELEPHONE 3D3-LfYo'-/
2. ORGANIZATION
3. ADDRESS
4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS:
'--fY)~ -rn~
f\.J () \J . I \ J (}Do Ct:>
5. BANNER LOCATION REQUESTED:
o South Main Street at Olive St.*
.
o
North Main Street at Myrtle St.*
t Chestnut Street at Union Alley
*MnDot APPROVAL REQUIRED FOR MAIN STREET LOCATIONS
6. DATES TO BE DISPLAYED: Oc*.g~ ()~ ~
7. COMPANY INSTALLING BANNER: _ _ e
Address /L{~ ~). (PI!$- ~ ~ci", Oft! Phone Lf.?-Jq.4 0 7 ~
.
.
.
.
ORDIANANCE NO. 976
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
SECTION 31-1, SUBDIVISION 5 ENTITLED ESTABLISHMENT OF DISTRICTS
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
Section 1. The Zoning Map is amended as indicated on the attached map marked
Exhibit A and the areas indicated thereon are changed from AP, Agricultural Preservation to
TH, Townhouse. This proceeding is known as ZAM/06-01.
Section 2. This Ordinance shall be in full force and effect from and after its
passage and publication according to law, and upon the subject property becoming part ofthe
City of Stillwater by operational law .
Section 3.
In all other ways the Stillwater City Code shall remain in full force and
effect.
Adopted by the City Council this 5th Day of September, 2006.
CITY OF STILL WATER
Jay L. Kimble, Mayor
ATTEST:
Diane Ward, City Clerk
.
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PRELIMINARY PLAT OF
MILLBROOK
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SATHRE-BERGQUIST, INC.
1-SQ SOUTH BROADWAY WA'aATA. MN. 55391 (952) 47fr6000
STILLWATER. MINNESOTA
U.S. HOMES CORPORATION
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MEMORANDUM
TO:
Mayor and City ~,J> uncil
~~
Shawn Sanders, Interim Public Works Director
FROM:
DATE: August 29,2006
SUBJECT: Declaring Costs to be Assessed and Ordering Preparation of Assessment Roll
and Calling for the Hearing for:
2006 Sidewalk Rehabilitation Project (Project No. 2006-05)
DISCUSSION:
In order for the above project to be certified to the County this year, the assessment roll
needs to be prepared and hearing needs to be held. It is anticipated that the hearing will
be held on October 3fd, 2006.
RECOMMENDATION:
Staff recommends that Council authorize the preparation of the assessment roll and
calling for hearing on the above project.
ACTION REQUIRED:
If Council concurs with the recommendation, Council should pass a motion adopting
the following resolutions:
1. RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR 2002 SIDEWALK
REHABILITATION PROJECT (pROJECT NO. 2006-05).
2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT
FOR 2002 SIDEWALK REHABILITATION PROJECT (pROJECT NO.
2006-05) .
....
,
RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR
2006 SIDEWALK REHABILITATION PROJECT
(PROJECT NO. 2006-05)
.
WHEREAS, a contract has been let and costs have been determined for the rehabilitation of
existing sidewalks and the contract (bid) price for such improvement is $68,500.00 and the
expenses incurred or to be incurred in the making of such improvement amount to $23,098.34
so that the total cost of the improvement will be $ 91,598.34
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared to be
$48,299.17 and the portion of the cost to be assessed against benefited property owners is
declared to be $48,299.17.
2. Assessments shall be payable in equal annual installments extending over a period of ten
(10) years, the first of the installments to be payable on or before the first Monday in
January, 2007, and shall bear interest at the rate of six percent per annum from the date of
the adoption of the assessment resolutions.
3. The city engineer shall forthwith calculate the proper amount' to be specially assessed for .
such improvement against every assessable lot, piece or parcel of land within the district
affected, without regard to cash valuation, as provided by law, and shall file a copy of such
proposed assessment in their office for public inspection.
4. The clerk shall upon the completion of such proposed assessment notify the council
thereof.
Adopted by the council this 5th day of September 2006.
Jay L. Kimble, Mayor
ATTEST:
Diane F . Ward, City Clerk
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RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT
FOR 2006 SIDEWALK REHABILITATION PROJECT
(PROJECT 2006-05)
WHEREAS, by a resolution passed by the Council on September 5, 2006, the city clerk was directed to
prepare a proposed assessment of the cost for the 2006 Sidewalk Rehabilitation. The following is the
area proposed to be assessed.
214 W Elm St; 921 N 5th St; 1004 N 5th St; 703 W Maple St; 920 N Everett St; 502 W Elm St;
422 W Elm St; 915 N Everett St; 919 N Everett St; 905 W Mulberry St; 210 N Greeley St; 202 N
Greeley St; 817 W Mulberry St; 211 N Greeley St; 126 N Greeley St; 112 N Greeley St; 121 N
Greeley St; 917 W Pine St; 824 S Greeley St; 1504 S Greeley St; 1410 S Greeley St; 1850 S
Greeley St; 623 W Olive St; 304 S Holcombe St; 321 W Olive St; 303 W Olive St; 306 W Olive
St; 724 N Martha St; 623 W Oak St; 413 Martha St; 620 W Pine St; 115 N 4th St; 3378 Heritage
Ct; 302 S 6th St; 114 W Olive St; 1100 N 4th St; 610 W Wilkins St; 623 W Wilkins St; 1101 N
2nd St; 1024 N 1st St; 1112 W Myrtle St; 1202 W Myrtle St; 1216 W Myrtle St; 1222 W Myrtle
St; 1306 W Myrtle St; 117 Birchwood Dr; 111 S Brick St; 1217 WMyrtle St; 1215 W Myrtle St;
1213 W Myrtle St; 1207 W Myrtle St; 1205 W Myrtle St; 109 S Center St; 1115 W Myrtle St;
102 S Sherburne St; 104 N Sherburne St; 1018 W Myrtle St; 1013 W Myrtle St; 919W Churchill
St; 911 W Churchill; 623 S 4th St; 628 S 3rd St; and 216 W Myrtle St., and
WHEREAS, the clerk has notified the council that such proposed assessment has been completed and
filed in the office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MN:
1. A hearing shall be held on the 3rd day of October, 2006 in the city hall at 7:00 p.m., or as soon as
possible thereafter, to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be heard with
reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be
published once in the official newspaper at least two weeks prior to the hearing, and shall state in the
notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the
owner of each parcel described in the assessment roll not less than two weeks prior to the hearings.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to the
county auditor, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City
Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of
the year in which such payment is made. Such payment must be made before November 15 or interest
will be charged through December 31 of the succeeding year.
Adopted by the City Council this 5th day of September 2006.
ATTEST:
Jay L. Kimble, Mayor
Diane F. Ward, City Clerk
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TO: Mayor & City Council
FROM: Bill Turnblad, Community Development Director~,
DATE: August 28,2006
MEETING DATE: September 5, 2006
REGARDING: Cub Foods Accessory Fuel Station SUP
LOCATION: 1801 Market Drive
BACKGROUND
SuperValu would like to construct an Accessory Fuel Station for customers of its Cub
Foods Store in Stillwater Marketplace. The property is zoned BP-C, Business Park
Commercial. An Accessory Fuel Station is not specifically mentioned as an allowed use
in this zoning district. However, the Zoning Ordinance provides a process for the City
Council to approve uses by Special Use Permit in this situation, if they area deemed by
the Planning Commission to be of the" same general character" as uses that are allowed
in the zoning district.
The Planning Commission held a public hearing on June 12, 2006 and made a
determination that an Accessory Fuel Station is of the" same general character" as uses
that are allowed in the BP-C Zoning District. In cases where the Planning Commission
is charged with determining whether a proposed use is of the" same general character",
the City Council then must consider whether a Special Use Permit (SUP) for the use
should be granted. In these cases, the Planning Commission is to make a
recommendation to the City Council on the SUP. The Planning Commission considered
the SUP on June 12th, but due to aesthetic and parking lot circulation concerns, it
recommended that the City Council deny the SUP.
In response to the Planning Commission's recommendation, SuperValu revised the
landscaping plan and color palette for the fuel center canopy. It also redesigned the
existing parking lot to make the traffic circulation route easier to identify and safer. On
August 14, 2006 the Planning Commission considered the revised plans and
recommended approval of the SUP on a 7-1 vote.
Cub Foods Store - Fuel Center
August 28, 2006
Page 2 of2
REQUEST
SuperValu requests approval of a Special Use Permit for an Accessory Fuel Station at
the Stillwater Market Cub Foods Store.
RECOMMENDATION
Planning Commission
The Planning Commission recommended approval of the Special Use Permit on a vote of 7-1.
The motion included the conditions found in the attached resolution of approval.
Staff
As detailed in the attached planning reports, staff finds the proposed Accessory Fuel Station to
be consistent with the City's ordinances and design manuals. Moreover, the parking lot
redesign improves traffic flow and safety in the Cub Foods parking lot. Therefore, staff
recommends approval of the SUP with the conditions found in the attached resolution.
attachments: Resolution Approving SUP
Planning Report
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RESOLUTION NO. 2006-
A RESOLUTION APPROVING A SPECIAL USE PERMIT
FOR AN ACCESSORY FUEL STATION AT 1801 MARKET DRIVE
CASE NO. SUP/06-23
WHEREAS, Supervalu made application for approval of a Special Use Permit
for an Accessory Fuel Station at the Cub Foods Store in Stillwater Marketplace at 1801
Market Drive; and
WHEREAS, the subject property is zoned BP-C, Business Park Commercial and
within the BP-C Zoning District an Accessory Fuel Station is not specifically mentioned
as an allowed use; and
WHEREAS, City Code Chapter 31-1, Subd. 19(4) establishes a process for the
City Council to approve uses by Special Use Permit in a zoning district that are not
specifically listed as allowed in that zoning district, if they area deemed by the Planning
Commission to be of the "same general character" as uses that are allowed in that district;
and
WHEREAS, the Planning Commission held a public hearing on June 12, 2006
and subsequent to the hearing made a determination that an Accessory Fuel Station is of
the "same general character" as uses that are allowed in the BP-C Zoning District; and
WHEREAS, on August 14, 2006 the Planning Commission recommended
approval ofthe Special Use Permit for the Accessory Fuel Station; and
WHEREAS, on September 5, 2006 the City Council considered granting a
Special Use Permit for the Accessory Fuel Station.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves a Special Use Permit for Accessory Fuel Station with the
following conditions:
1. The project construction and signage shall be in compliance with the
plan set dated 5/18/06 and the May 26, 2006 letter from the Larkin
Hoffman Law Firm, both of which are on file in the Community
Development Department. However, the 5/18/06 plan set must be
amended by incorporating the Revised Site Plan dated 6/21/06 and
the revised Images A, Band C as attached to the Revised Site Plan
dated 6/21/06.
2.
All required landscaping shall be installed prior to final project
inspection and subsequent issuance of a Certificate of Occupancy.
All minor modifications to the design review permit shall be approved
in advance by the Community Development Director. All major
modifications shall be approved in advance by the Heritage
Preservation Commission. Determination of the distinction between
"major" and "minor" shall rest with the City Administrator.
There shall be no lighting on the site other than that shown in the
submitted plans.
The "Puel Express" sign shall be externally lit with a "clam shell" type
fixture. Lighting on the underside of the canopy shall be recessed with
flat lenses only.
.
3.
4.
5.
Enacted by the City Council of the City of Stillwater, Minnesota this 5th day of
September, 2006.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
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Diane F. Ward, Clerk
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Qt~~
THE BIRTHPLACE Of MINNESOTA 'J
PLANNING REPORT
DATE:
August 9, 2006
CASE NO.: 06-23SUP
APPLICANT:
SuperValu (Stillwater Marketplace Cub Foods Store)
REQUEST:
Special Use Permit for Accessory Fuel Station
LOCATION:
1801 Market Drive
ZONING:
BP-C, Business Park Commercial
PUBLIC HEARING:June 12, 2006
REVIEWERS: Interim Public Works Director, City Planner
PREPARED BY: Bill Turnblad, Community Development Director~
BACKGROUND
SuperValu is investing in its Stillwater Marketplace Cub Foods Store in order to create a
more complete one-stop shopping experience for its Stillwater area customers. To this
end, the Planning Commission was asked on January 9, 2006 to review Special Use
Permits for both a drive-through pharmacy and a fuel station intended largely for Cub
Food shoppers (i.e. an Accessory Fuel Station). The drive-through pharmacy was
approved, but the fuel station Special Use Permit was denied based upon the finding
that the proposed design was inconsistent with both the design manual for the West
Stillwater Business Park and the architectural considerations of the Stillwater
Marketplace PUD.
The applicant appealed the Planning Commission decision to the City Council in order
to have the denial revised to a "denial without prejudice". The City Council granted
the" denial without prejudice" status. This allowed the applicant to revise the
Accessory Fuel Station plans and bring them back to the Planning Commission for
reconsideration prior to expiration of the mandatory one-year waiting period.
Cub Foods Fuel Station
August 9, 2006
Page 2 of 4
On June 12, 2006 the Planning Commission held a public hearing on the completely .
revised Accessory Fuel Station proposal. Two items were before the Planning
Commission at the public hearing:
1) Deliberation and a decision on the question of whether the proposed
accessory fuel station was of the" same general character" as other specially
permitted uses in the West Stillwater Business Park; and
2) If considered of the" same general character", then deliberation and a
recommendation to the City Council on whether a Special Use Permit should
be issued for the Accessory Fuel Station.
The Planning Commission made a decision that the proposed Accessory Fuel Station
was of the "same general character" as other specially permitted uses in the district.
However, the Commission recommended denial of the Special Use Permit itself. As
seen in the attached minutes from the June 12 meeting, the denial motion was" due to
issues related to aesthetics and internal traffic flow in a parking lot not designed to
accommodate this type of use".
Subsequently, the applicant has revised the plans to address the aesthetics and traffic
flow concerns that lead to the denial motion for the Special Use Permit. The applicant
also requested the City Council to waive the one year waiting period so the Planning
Commission could reconsider its denial recommendation. The Council consented on
August 1 8t and waived the one year waiting period.
.
SPECIFIC REQUEST
The applicant is requesting the Planning Commission to reconsider its recommendation
to deny the Special Use Permit for an Accessory Fuel Station at the Cub Foods store.
EVALUATION OF REQUEST
Two concerns were expressed by the Planning Commission in its June 12 Special Use
Permit denial recommendation. One relates to aesthetic issues, the other relates to
traffic safety in the Cub Foods parking lot.
Aesthetic Issues
To improve the appearance and compatibility with the existing improvements on the
Cub property, two changes have been made to the plan set.
.
Cub Foods Fuel Station
August 9, 2006
Page 3 of 4
. 1. A shrub hedge has been added in front of the Accessory Fuel Station. This hedge
can be seen in Image B (attached).
2. The color of the canopy has been changed from beige to a light grey to more
exactly match the color band on the front elevation of the Cub Store. This can be
seen in Images A and C (attached).
Parking Lot Traffic Circulation
A concern expressed by several people at the June 12 public hearing was the traffic flow
in the parking lot as it exists today. It was suggested that cut-through traffic is already
a potential problem in the lot, and that the proposed fueling area could make the
situation worse. Consequently, Allan Klugman (consulting traffic engineer for Cub
Foods) re-analyzed the parking lot and has developed an improved traffic flow
proposal.
As can be seen in the attached Revised Site Plan and explained in the attached memo
from Mr. Klugman, a new traffic lane would be constructed on the western edge of the
parking field. With the help of oversized raised-curb planting islands, the new traffic
lane will be well defined and obvious to customers either entering or exiting the lot.
This should cut down noticeably on confusion and cut-through traffic.
.
The proposed Accessory Fuel Station and parking lot changes would result in the loss
of 105 parking spaceB. With the changes there would be 475 parking spaces. 447
parking spaces are required for the store. So the business would continue to meet the
City's parking standard.
ALTERNATIVES
The Planning Commission has the following options:
1. Rescind the previous recommendation and recommend that the City Council
approve the requested Special Use Permit.
2. Confirm the previous recommendation and continue to recommend denial of the
requested Special Use Permit.
3. Table consideration of the request for more information.
RECOMMENDATION
e
City staff continues to find that the proposed Accessory Fuel Station satisfies applicable
standards found in the City Code, the West Stillwater Business Park Plan, and the
Cub Foods Fuel Station
August 9, 2006
Page 4 of 4
Stillwater Market PUD. Therefore, staff recommends approval of the SUP with the .
following conditions:
1. The project construction and signage shall be in compliance with the plan set
dated 5/18/06 and the May 26, 2006 letter from the Larkin Hoffman Law
Firm, both of which are on file in the Community Development Department.
However, the 5/18/06 plan set must be amended by incorporating the
Revised Site Plan dated 6/21/06 and the revised Images A, Band C as
attached to the Revised Site Plan dated 6/21/06.
2. All required landscaping shall be installed prior to final project inspection.
3. All minor modifications to the design review permit shall be approved in
advance by the Community Development Director. All major modifications
shall be approved in advance by the HPC. Determination of the distinction
between "major" and "minor" shall rest with the City Administrator.
4. There shall be no lighting on the site other than that shown in the submitted
plans.
5. The "Fuel Express" sign shall be externally lit with a "clam shell" type fixture.
Lighting on the underside of the canopy shall be recessed with flat lenses
only.
.
cc: Linda Fisher, Larkin Hoffman
attachments: June 12 Planning Commission Minutes
Supplemental Traffic Analysis and Site Layout Memo
June 7, 2006 Planning Report
Existing Parking Lot
Preliminary Layout for Fuel Island
Revised Parking Lot Layout for Fuel Island
Views of Fuel Station
e
Stillwater Planning Commission
June 12, 2006
. Minutes
Case No. SUP/o6-23 A special use for a fuel center at 1801 Market Drive in the BP-C,
Business Park Commercial District. Linda Fisher, Larkin Hoffman Daly & Lindgren. representing
SuperValu.
Mr. Turnblad reviewed the request. He said the action requested of the Commission is to make
a determination whether the fuel station is of "the same general character" as other permitted
uses in the zoning district and. if so. make a recommendation to the City Council regarding the
issuance of the requested Special Use Permit.
Representing the applicant were Linda Fisher, several representatives of SuperValu and
consultants from Westwood Professional Services. Ms. Fisher noted the Heritage Preservation
Commission had reviewed and approved the design. She reviewed the design images and site
plan. She noted that the number of fueling stations had been reduced from six to five and a
landscaped island added to separate the parking lot from the fuel center. The fuel center
columns are all masonry and of the same color and materials as the Cub Foods store. she
noted. She noted customized filters would be installed for any spill containment. Ms. Fisher also
viewed lighting and signage plans. There would be no additional monument or pylon sign.
Lighting under the fuel center canopy would be recessed flat lenses; the Cub Fuel Express
signage on the canopy would be externally lit.
.
Ms. Fisher also spoke to the use issue and the "same general character" issue.
Mr. Middleton expressed a concern about the flow of traffic. Allan Klugman, traffic consultant
from Westwood Professional Services addressed the traffic questions. He said a transition
island has been introduced to separate the fuel center from the parking lot. He noted that most
users would shop first and then use the fuel center, and he stated that the fuel center would not
dramatically impact traffic counts. Mr. Junker asked if the pharmacy drive-thru had been
included in the traffic flow studies. Mr. Klugman stated there would be no interaction between
pharmacy drive-thru and fuel center traffic. Ms. Block expressed a concern about fuel tankers
exiting on Curve Crest. The consultant stated traffic counts were conducted on both Curve Crest
and Market Drive and counts are so low that tankers should be able to exit with about a half-
minute delay; he also noted that only about one tanker a day would be needed to service the
fuel center.
Mr. Gag opened the public hearing. Andy Kass, owner of Sutler's, the adjacent business to the
east, said the issue is whether this is an appropriate use. He pointed out the Holiday Station on
County Road 5, mentioned as relevant to the "same general character" issue, was a gas station
in the 1970s, well before the Market Place PUD was established.
Michelle Allen. 3155 110 Way, expressed a concern about the Cub parking lot as a whole and
said she was very concerned about the potential impact coming off Market Drive. Mr. Klugman
said the proposed use is seen as a benefit to the City's traffic flow in general by integrating
shopping and fuel trips, and he said the use should have no impact on Market Drive traffic.
.
City of Stillwater
Planning Commission
June 12, 2006
The public hearing was closed. Ms. Fisher addressed Mr. Kass' comments regarding the
appropriateness of the use and noted that is a subjective determination. She said the proposal
conforms to the Comprehensive Plan, the West Business Park guidelines and the Market Place
PUD and said she believed the proposed use qualifies for a Special Use Permit.
.
Mr. Junker stated he appreciated Cub/SuperValu's willingness to revise their plans. However.
he said aesthetically, the design is still a gas station with a canopy and changes the appearance
of the area tremendously. He also expressed concern about traffic patterns and traffic issues
that are not planned for. He suggested the key question is whether, in fact, 80 percent of the
fuel center users would be Cub Foods users; if not, the use is not allowed in the BP-C District.
Mr. Peroceschi said the location of the fuel center is a portion of the parking lot that is not used
a great deal and said he did not think it would have a significant impact.
Mr. Dahlquist said he thought the use is of the same general character as others in the PUD
area. The bigger question. he said, is whether to recommend that the City Council grant the
SUP. He said the revised plans look better. but it's still a gas station. He also expressed
concern about the traffic flow within the parking lot. Mr. Gag agreed that the use is of similar
character as well as with the concern about the already existing traffic issues in the parking lot.
Ms. Block expressed a concern about design aesthetics. suggesting that the fuel center canopy
adds two more stories to the appearance of the Cub Foods store as viewed from Market Drive.
She said she agreed the use is of the same general character but would not support granting
the SUP. Mr. Middleton agreed that the proposal is of the same general character but said traffic .
within the parking lot is the issue. Mr. Middleton stated that if approved. the City should take a
serious look at other uses. such as the garden center and fireworks sales that currently take
place in the parking lot. Mr. Meinke noted the gas station use is not a temporary one. Mr. Teske
said he could see the advantage of coordinating uses, which would necessitate fewer overall
traffic trips by residents.
Mr. Middleton, seconded by Mr. Dahlquist, moved to find the use of similar character to other
allowed uses in the zoning district. Motion passed 6-2, with Mr. Junker and Mr. Meinke voting
no.
Mr. Dahlquist moved to recommend that the City Council not approve the Special Use Permit
due to issues related to aesthetics and internal traffic flow in a parking lot not designed to
accommodate this type of use. Mr. Junker seconded the motion. Motion passed 6-2, with Mr.
Middleton and Mr. Peroceschi voting no.
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Westwood
Westwood Prole5Sional Services
7699 Anagram Drive
Eden Prairie, MN 55344
MAIN 952-931-5150
r A x 952.931-5822
rOll FREE 1-888-937-5150
'MAIL wps@wes1woodps.com
WWV\I.westwoodps,com
To:
Bill Turnblad, Community Development Director
From: Allan Klugman, P.E., PTOE
Date: July 12,2006
RE: Supplemental Traffic Analysis and Site Layout Modifications for Fuel Center
as Accessory Use to Stillwater Marketplace Cub Foods Store
Background
On May 19,2006, Supervalu submitted to the City of Stillwater applications for
approval of special use, design and sign permits for the Cub Fuel Center as an
accessory use to the Stillwater Marketplace Cub Foods store. A set of preliminary
plans for site improvements and a traffic analysis were included in that submittal.
This memorandum supplements the original submittal.
The site layout included in the May 19th package placed the Fuel Center at the
western edge of the Cub parking lot in an area of excess parking stalls. The site
layout featured a termination island to the east of the Fuel Center in order to separate
fuel center users from other activities in the lot and to ensure that vehicles circulating
through the Cub lot would not inadvertently pass through the Fuel Center area.
The Fuel Center applications were reviewed at the June 5, 2006, Heritage
Preservation Commission and June 12, 2006, Planning Commission meetings. At the
Planning Commission meeting, some commissioners expressed concern over the
current circulation in the Cub parking lot and the potential impact of the Fuel Center
on the site traffic operations. One specific traffic circulation comment was raised
relating to the Fuel Center area. This comment noted the occurrence of
"crisscrossing" or "cut through" traffic that happens today in the western portion of
the lot.
Field Review
In order to better understand the stated concerns on traffic flow within the Cub lot, I
conducted a field review and observation ofthe lot on Thursday, June 15,2006,
during the late afternoon/early evening peak period.
L i\ !
ST. CLOUD
BRAINERD
TWIN CITIES/METRO
Mr. Bill Turnblad
July 12,2006
Page 2
The parking lot for the entire Stillwater Marketplace features a main east-west access
drive from Market Drive to the front of the shopping center. From this east-west
drive there is a north-south aisle that leads towards, but not fully into, the Cub
parking lot (See Figure 1). My field observations verified that because there is not a
direct linkage further into the Cub lot for circulation, several drivers did seem to "cut
across" the western portion of the lot while traveling to or from the Market Drive
entrance point. This occurred more often for exiting maneuvers than for entering
maneuvers. Although I did see occurrences of the "cut across" movement noted at
the Planning Commission meeting, none of the maneuvers I saw appeared to be
unsafe.
.
Revised Layout
In response to the comments we heard at the Planning Commission meeting and my
field observations, we have developed a revised layout. The purpose of this revised
layout is to improve the existing traffic circulation in the Stillwater Marketplace Cub
Foods Store lot and to ensure safe and adequate vehicular and pedestrian circulation
upon completion of the Fuel Center.
The new layout (shown in Figure 2) provides a better delineation of circulation
movements in the lot and eliminates the potential for cars to cut through the lot. The
improved circulation is achieved by developing an aisle at the back (western edge) of
the main parking field. This will allow drivers entering the Cub Foods lot from .
Market Drive to travel in the back aisle of the lot until they have chosen a row in
which to pursue parking. Similarly, for exiting movements, the driver can readily
travel to the back of the lot and then proceed directly toward the main access to
Market Drive. This new circulation aisle, by itself, would greatly reduce the
likelihood of vehicles cutting across the lot for either entry or exit movements. To
even further eliminate the opportunity of vehicles cutting through the lot, we are also
proposing modified end island designs to direct vehicles into parking rows and to
keep the vehicles from cutting across parking rows. The new circulation aisle and
island treatments will also help maintain separation between the main parking field
and the Fuel Center. As shown in Figure 2, the revised layout is achieved while
keeping the Fuel Center facility and termination island where they were shown in the
May 19th submittal documents.
The current parking count for the Cub lot is 580 spaces. With the layout included in
the May 19 submittal, the parking count was 490 (or a net loss of 90 spaces from the
present). The revised plan included in this memorandum causes an additional loss of
30 spaces. To help offset that number, we are proposing to re-stripe the row of
employee parking along the northern edge ofthe lot from 9.5 to 9 foot stalls (this
yields an increase ofthree stalls) and to add an additional 12 employee spaces behind
the store. With these changes, the net parking count for the Cub Food Store will be
475 (a loss of 105 spaces). This yields a parking ratio of 5.3 stalls per 1000 square
.
Mr. Bill Tumblad
July 12, 2006
Page 3
.
feet, which exceeds the Code requirement of 5 spaces per 1000 square feet for this
use.
Conclusion
The revised layout positively responds to the traffic concerns that were voiced at the
June 12,2006, Planning Commission meeting. The new layout addresses existing
circulation issues and also ensures safe and effective access for both grocery store and
Fuel Center customers in the future.
If you have any questions on this revised layout, please contact me at (952) 906-7418
or allan.klugman@westwoodps.com.
.
.
<Stillwater
-~~: , - ~
THE BIRTHPLACE Of MINNESOfA 'J
PLANNING REPORT
.
DATE:
June 7, 2006
CASE NO.: ,06-23SUP
APPLICANT:
SuperValu (Stillwater Marketplace Cub Foods Store)
REQUEST:
Special Use Permit for Accessory Fuel Station
LOCATION:
1801 Market Drive
ZONING:
BP-C, Business Park Commercial
PUBLIC HEARING:June 12, 2006
REVIEWERS:
Interim Public Works Director, City Planner
PREPARED BY:
Bill Turnblad, Community Development Director
BACKGROUND
.
SuperValu is investing in its Stillwater Marketplace Cub Foods Store in order to create a
more complete one-stop shopping experience for its Stillwater area customers. To this
end, the Planning Commission was asked on January 9, 2006 to review Special Use
Permits for both a drive-through pharmacy and a fuel station intended largely for Cub
Food shoppers (i.e. an accessory fuel station). The drive-through pharmacy was
approved, but the fuel station Special Use Permit was denied based upon the fact that
the proposed design was inconsistent with both the design manual for the West
Stillwater Business Park and the architectural considerations of the Stillwater
Marketplace PUD.
The applicant appealed the Planning Commission decision to the City Council in order
to have the denial revised to a II denial without prejudice". The City Council granted
the II denial without prejudice" status. This allowed the applicant to revise the accessory
fuel station plans and bring them back to the Planning Commission for reconsideration
prior to expiration of the mandatory one-year waiting period.
Subsequently SuperValu has completely revised its proposed fuel station. In place of
the prototypical SuperValu fuel station now is a custom designed station that addresses .
the concerns expressed by both the Planning Commission in January.
Cub Foods Fuel Station
June 7, 2006
Page 2 of5
. SPECIFIC REQUEST
.
.
In order to develop the accessory fuel station for the Cub Foods Store, SuperValu has
requested the following specific City approvals:
1. Determination of "Same General Character";
2. Special Use Permit for an Accessory Fuel Station;
3. Design Review Permit since the subject property lies within the West Stillwater
Business Park; and
4. Sign Permit Review since the West Stillwater Business Park Plan requires it.
The Planning Commission is responsible for determining whether the proposed
accessory fuel station is the" same general character" as other allowed uses in the
subject zoning district. If the commission determines that it is, then the case if
forwarded to the City Council for action on the Special Use Permit. Note that this is a
departure from the review process for uses that are specifically listed in a zoning
district as a special use. When so, the Planning Commission is given the authority to
approve or deny the Special Use Permit instead of forwarding it to the City Council for
action.
In addition to determining the" same general character" status of the request, the
Planning Commission should also make a recommendation to the City Council on the
Special Use Permit request.
EVALUATION OF REQUEST
Description of proposed site improvements
The proposed fuel station is intended as a service to customers of the Stillwater
Marketplace Cub Foods Store. Central to the proposed use is its accessory status. The
fuel sales will be target to users of the Stillwater store. Grocery sales will be tied to fuel
purchases. A reward system is planned so that the more a customer spends on
groceries the larger the discount will be at the Cub Fuel Express center. As a result, it is
expected that 80% of the fuel center customers will be customers who visit the grocery
store during the same trip.
Determination of" Same General Character"
If the Planning Commission finds that a proposed use is of the" same general character"
as other allowed uses within the subject BP-C Zoning District, City Code Chapter 31-1,
Subd. 19(4) allows the City Council to grant a Special Use Permit for the use.
Cub Foods Fuel Station
June 7, 2006
Page 3 of5
Gas stations and convenience stores whose primary revenue source is from gas sales are .
not an allowed use in the BP-C Zoning District. However, the primary revenue
generator for the Cub Foods business is grocery sales, which certainly is a permitted use
in the zoning district. A relatively small area of the grocery store parking lot would be
converted under this proposal to a fuel station for use principally by the grocery store
customers. The BP-C Zoning District allows other uses to occur in a grocery store lot
that have similar land use impacts to those generated by the proposed fuel station.
They include such uses as outside sales areas, drive though businesses, seasonal sales
(nursery, fireworks).
Review Standards
As noted above, the Cub Foods property is zoned BP-C, Business Park Commercial and
falls within the West Stillwater Business Park area. Moreover, the property was
developed as a part of the Stillwater Market Planned Unit Development. Therefore, the
following review standards apply to this case.
BP-C Zoning District Standards
· Building height - The proposed 25 foot height is less than the 40 foot height
limit.
· Building setbacks - The proposed 70 foot setback is greater than the 40 foot
required setback.
.
West Stillwater Business Park Plan/PUD
· Architectural design - The Heritage Preservation Commission (HPC) reviewed
the design of the proposed accessory fuel station and found it to be consistent
with the West Stillwater Business Park Plan and Stillwater Market PUD.
· Green Space - The proposed landscaping island to provide traffic flow and
traffic safety separation between the parking lot and the fueling area increases
the existing green space.
· Building materials and colors - The canopy faces are proposed to be constructed
of EFIS in a color that matches EFIS on the grocery store building. The canopy
supports will be encased over half of their height in masonry that will match the
masonry on the grocery store building. The equipment building next to the
canopy will also be of masonry that would be consistent with the main Cub
Foods building.
· Signs - A small business sign/logo and price sign are proposed for each of the
two longer canopy faces. The HPC reviewed and approved the signs.
SUP Review
· Traffic circulation and traffic generation - Westwood professional services
completed a traffic and circulation study for the proposed accessory fuel station. e
Cub Foods Fuel Station
June 7, 2006
Page 4 of5
. 80% of the fuel station traffic will be from grocery customers already on-site.
Consequently, Westwood concluded that the relatively small amount of
additional traffic generated by the fuel station would not degrade the level of
service at any of the intersections in the neighborhood. Moreover, the existing
parking lot with modifications for the fuel station will satisfactorily handle
personal vehicle traffic circulation as well as tanker truck traffic.
· Parking - The Cub Foods lot currently has 580 parking spaces. The proposed
fuel station improvements would result in a net loss of 90 spaces. The resulting
490 parking spaces would still exceed the minimum requirement of 447 spaces
for the property.
· Landscaping - The enclosed packet of information from the applicant includes a
color landscaping plan for the fuel station portion of the parking lot. It provides
not only for good landscaping design, but also a means for safely separating
grocery parking from fuel island traffic.
· Stormwater treatment - No impervious surface will be added to the Cub Foods
site. So, additional stormwater treatment facilities are not required. However,
petroleum filtration facilities will be incorporated into stormwater catch basins to
prevent accidental spills from leaving the site.
· Lighting - No new parking lot lights will be added.
.
ALTERNATIVES
The Planning Commission has the following options:
.
1. Find that the proposed accessory fuel station is of the "same general character" as
other permitted or specially permitted uses in the subject zoning district and
recommend that the City Council approve the Special Use Permit for an
accessory fuel station as submitted with the following conditions:
a. The project construction and signage shall be in compliance with the plan
set dated 5/18/06 and the May 26, 2006 letter from the Larkin Hoffman
Law Firm, both of which are on file in the Community Development
Department.
b. All required landscaping shall be installed prior to final project inspection.
c. All minor modifications to the design review permit shall be approved in
advance by the Community Development Director. All major
modifications shall be approved in advance by the HPC. Determination
of the distinction between" major" and" minor" shall rest with the City
Administrator.
d. There shall be no lighting on the site other than that shown in the
submitted plans.
Cub Foods Fuel Station
June 7, 2006
Page 5 of5
e. The "Fuel Express" sign shall be externally lit with a "clam shell" type .
fixture. Lighting on the underside of the canopy shall be recessed with
flat lenses only.
2. Find that the proposed accessory fuel station is not of the "same general
character" as other permitted or specially permitted uses in the subject zoning
district. This would constitute a denial of the project. Such a finding needs to be
accompanied by substantive findings of fact.
3. Table the Special Use Permit request for more details.
RECOMMENDATION
Heritage Preservation Commission
The Heritage Preservation Commission unanimously approved the design review and
the sign review. They attached five conditions to their approval:
1. The project construction and signage shall be in compliance with the plan set
dated 5/18/06 and the May 26, 2006 letter from the Larkin Hoffman Law
Firm, both of which are on file in the Community Development Department.
2. All required landscaping shall be installed prior to final project inspection.
3. All minor modifications to the design review permit shall be approved in
advance by the Community Development Director. All major modifications
shall be approved in advance by the HPc. Determination of the distinction .
between "major" and "minor" shall rest with the City Administrator.
4. There shall be no lighting on the site other than that shown in the submitted
plans.
5. The "Fuel Express" sign shall be externally lit with a "clam shell" type fixture.
Lighting on the underside of the canopy shall be recessed with flat lenses
only.
City Staff
Staff finds that the proposed accessory fuel station is of the" same general character" as
other permitted or specially permitted uses in the subject zoning district and also finds
that the request satisfies applicable standards found in City Code, the West Stillwater
Business Park Plan, and the Stillwater Market PUD. Therefore, staff recommends
approval with the conditions detailed above in the HPC recommendation.
cc: Linda Fisher, Larkin Hoffman
attachments: Location Map
Applicant's letter
Preliminary Plans
January Planning Commission Minutes
e
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T H f 8! R T H P. l.A. CE:O F M I N ~~ E S 0 r A J
DATE:
August 29,2006
CASE NO.: 06-44
TO:
Mayor & City Council
APPLICANT:
Bruggeman Properties
LAND OWNER:
Bruggeman Construction Company
RE:
Sketch Plan and Annexation Timing Discussion
LOCATION:
Between Boutwell Road and Myrtle Street at Newberry Court
COMPREHENSIVE PLAN:
RR, Semi-Rural Residential
ZONING:
NA (In Stillwater Township)
REVIEWERS:
Interim Public Works Director, Deputy Fire Chief,
Brown's Creek Watershed District,
Washington County Highway Department
PREPARED BY: Bill Turnblad, Community Development Directo~.
BACKGROUND
Bruggeman Properties is requesting the City Council to discuss the annexation timing
and sketch plan proposal for their property between Boutwell Road and Myrtle Street at
Newberry Court. The location of the property can be in Exhibit A.
The 18.3 acre parcel (excluding all current right-of-ways) is conceptually proposed for
development into 45 single family lots. This would yield a gross density of 2.45 lots per
acre. The proposed Comprehensive Plan land use map classification is SFSL, Single
Family Small Lot and the proposed zoning is CCR, Cove Cottage Residential.
The property is located within Stillwater Township and to develop at the proposed
density would require urban utilities and annexation into the City of Stillwater. The
Orderly Annexation Agreement identifies the site as located within the Phase IV
annexation area. Phase IV annexation will automatically occur in 2015. /But it may occur
earlier than that at the discretion of the City Council if specific criteria are met. Those
Bruggeman Properties
August 29,2006
Page 2
.
criteria are met by the proposat and therefore the developer is asking for consideration
to be annexed now rather than in 2015.
REVIEW PROCESS
The developer will manage the development review process in four stages.
.
1. The current sketch plan discussion is the first stage.
o The City Council is asked to comment on the sketch plan layout and
whether the timing of annexation is appropriate.
2. The second stage of review will address the land use issues of rezoning, a
comprehensive plan land use map amendment, and annexation. The application
for this stage of review has already been submitted to the City.
o On August 29,2006 the Joint Board is scheduled to hold a public hearing on
the rezoning, comprehensive plan amendment and annexation.
o The Planning Commission is scheduled to hold a public hearing on this
phase of review on September 11, 2006.
o As early as September 19,2006 the City Council could review the land use
requests.
o The Metropolitan Council would review and take action on the
comprehensive plan amendment sometime after City Council action.
3. The third stage will be for the preliminary plat.
o The Joint Board, City Parks & Recreation Board, City Planning
Commission, and City Council would each have to review this stage.
4. The fourth and final stage will be for the final plat.
o The City Planning Commission, Joint Board and City Council would all
have to reviews and take action on this final review stage.
EVALUATION OF REQUEST
I. CaMP PLAN LAND USE MAP AMENDMENT & REZONING
Comprehensive Plan The future land use map of the Stillwater Comprehensive
Plan shows the site classified as RR, Semi-Rural Residential. All land within Stillwater
Township shows up in the City's Comprehensive Plan as RR, Semi-Rural Residential.
This is the case since it was believed in 1995 when the Comprehensive Plan was adopted
that Phase IV area properties would not be annexed until 2015, which was beyond the
planning horizon of the 1995 Comprehensive Plan.
.
Therefore, as annexation within the Phase IV area occurs, the Comprehensive Plan's land
use map needs to be amended for each annexation property. To help with the review of
Bruggeman Properties
August 29,2006
Page 3
.
these proposed land use map amendments, a future land use plan was adopted together
with the Revised South Boutwell Area (RSBA) Plan. The RSBA Plan was adopted by the
City Council on October 5, 2004 and is attached for reference. That future land use plan
can be seen in the attached RSBA Plan as Figure 2.
The RSBA Plan land use map guides development of the Bruggeman property as "Single
Family /Low Density". The density associated with this land use category is 3 homes per
net acre.1
The modified gross acreage2 of the project is 18.34 acres. So the 45 planned lots would
yield a density of 2.45 homes per gross acre. This density is lower than the 3 units/net
acre envisioned by the RSBA Plan.
The future land use map category consistent with the proposed 2.45 units/ acre and the
RSBA Plan is SFSL, Single Family Small Lot Residential (2-4 units/ acre). Therefore, the
conceptually proposed amendment from RR, Semi-Rural Residential to SFSL, Single
Family Small Lot is appropriate.
.
Zoning Currently the property is located in Stillwater Township. Upon annexation
the property would be rezoned automatically to A-P, Agricultural Preservation by action
of the Minnesota Municipal Board. It would have to be rezoned. The developer is
proposing to have the property rezoned to CCR, Cove Cottage Residential.
· The proposed single family homes are compatible with single family
neighborhoods in the City that are close to the site and that are on the opposite
side of County Road 12. This can be seen in Exhibit C.
· The 10,000 square foot average lot size of the CCR zoning district is consistent
with the future land use plan found in the RSBA Plan.
II. SKETCH PLAN LAYOUT
· The proposed street layout is good. It provides a four-legged intersection on
Boutwell Road with Newberry Court. It also provides street improvements right
up to the abutting properties to the west to allow for future development and to
allow for an eventual connection to County Road 12 at NortWand Avenue.
· The proposed street layout is consistent with the RSBA Plan. As can be seen in
Figure 3 of the attached plan, a concept design for the "Neal Avenue extension"
was included. Its key design features are:
.
1 Net acre defined in the RSBA Plan as "total acreage minus roads, wetlands and steeply sloped areas".
2 Gross minus existing right of ways only
Bruggeman Properties
August 29, 2006
Page 4
.
o Connections to Boutwell Road and County Road 12 to accommodate
north/ south through traffic. However, no direct connection to existing
Neal Avenue on Boutwell Road. Neighbors were very clear that they did
not want the traffic volumes that would be encouraged by a direct
connection. The City Council honored the neighbors' desire for a
meandering route.
· The proposed roadway on the Bruggeman property meanders
between Boutwell Road and County Road 12 as the RSBA Plan
reqUIres.
· The intersection point with Boutwell Road is Newberry Court. This
is necessary because the property west of the subject site is not
developing at this time.
o Neighbors were equally clear that the "Neal Avenue extension" should not
generate traffic through the Croixwood neighborhood south of County
Road 12. To prevent this, a median in County Road 12 is shown in Figure 3
of the RSBA Plan.
· The Bruggeman sketch plan should be modified to show the median
in County Road 12.
· The segment of the "Neal Avenue extension" that is not located on
the Bruggeman property will have to be developed either by the City
or by the abutting landowners when they develop.
. The Bruggeman concept site plan minimizes the amount of damage to existing
trees and avoids all of the wetlands and their buffer areas.
. A combination of land and cash is proposed for park dedication.
. The current homes in the northeast and southeast corners of the property will be
kept. The southeastern home's driveway to County Road 12 will be realigned so it
comes off the "Neal Avenue extension".
. Comments by the Washington County Highway Department, Brown's Creek
Watershed District, and the Interim Public Works Director are attached.
.
III.
ANNEXATION TIMING
As was identified during sketch plan discussions for the Manning Station project and
other projects on McKusick Road near Manning A venue, the proper timing for
annexation and urban development in the Phase IV area is still debated by the City
Council and City Planning Commission. The most critical issues identified by both
groups in this regard were: 1) a comprehensive vision of future development for the area
is needed, and 2) satisfactory transportation infrastructure must be provided prior to
approval of additional annexation petitions.
.
Bruggeman Properties
August 29,2006
Page 5
.
With regard to the first critical issue, a comprehensive vision for future development is
available for the neighborhood surrounding the Bruggeman property. After 34 months
of public input and study, the South Boutwell Area Plan was adopted by the City in
October of 2004. A summary of the public process for the plan adoption is attached, as is
the plan itself.
On the second critical issue, the City Council felt generally that until either a signal at
McKusick Road and Manning Avenue is installed, or a plan for the extension of the Neal
Avenue transportation corridor is developed, that adding more traffic to the arterial
transportation system is probably not acceptable. This position is consistent with the
RSBA Plan, which states as Recommendation 3 that:
"Annexation and development of lands in the South of Boutwell Planning area should not
occur until a specific Neal Avenue connection location and design has been
determined. . .. "
The RSBA Plan included a conceptual sketch of the location and design of the "Neal
Avenue extension", but not a specific plan. The sketch plan proposed by Bruggeman
provides that specific plan. If the development is approved as proposed, then:
.
· The "Neal A venue extension" alignment will be firmly established. It would have
a four-legged intersection with Newberry Court on Boutwell Road and it would
be built right up to the property line of the property to the west. From that point,
a gradual curve at State Aid Highway standards would have to be constructed to
intersect County Road 12 at Northland Avenue.
· The width, speed and other design criteria for the street will meet Minnesota State
Aid Highway standards.
In addition to satisfying Recommendation No.3 of the RSBA Plan, other transportation
recommendations of the plan have already been implemented by the City and County.
They include completion of the Boutwell Road upgrades as far west as Newberry Court3,
improving the intersection of Boutwell Road and County Road 12, signalizing the
intersection of County Road 12 and Manning Avenue, calming traffic on Deerpath and
prohibiting a left turn onto Deerpath from Olive Street. In addition, the County has
received funding and conceptual approval for plans to upgrade Manning Avenue from
Highway 36 to just north of Boutwell Road. Final plans are being developed now, and
construction of the Manning A venue improvements are planned to begin in 2008.
In short, with the alignment and design plan for the "Neal Avenue extension" that
Bruggeman is proposing, the transportation recommendations of the RSBA Plan area
e
3 Construction is underway on the remainder of Boutwell as far as Manning Avenue and is scheduled for
completion by June of 2007.
.
.
.
Bruggeman Properties
August 29,2006
Page 6
specific to the Bruggeman property seem to be satisfied. Therefore, city staff supports
the annexation.
RECOMMENDATION
Staff recommends that the City Council discuss the Sketch Plan and annexation timing
and comment on as many of the issues as possible to give the development team a
general sense of the Council's view of the proposal.
attachments: Location Map
Comp Plan Map
Zoning Map
Developer's Narrative
Concept Plans
Memo from Interim Public Works Director
Email from Brown's Creek Watershed District
Letter from Washington County Highway Department
Boutwell South Planning Study
cc: Bruggeman Properties
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Exhibit C
~
E\ BRUGGEMAN PROPERTIES
~ ---------.--------------.-- ---.---------------..----.---
Building Communities Since 1959
.
August 22, 2006
Honorable City Council Members
Town Joint Board
Planning Commission Members
City of Stillwater, MN
RE: Concept Plan Submittal and Annexation Request
Dear Members:
Bruggeman Construction Co. requests concept development review and approval of our project so
that we may move forward with the city on annexation of our property. Our 18 acre parcel, currently
in the township is located north of CSAH 12, south of Boutwell Road.
We are requesting annexation of our property into the City of Stillwater, comprehensive plan
amendment and rezoning of the parcel to the Cottage Cove Residential (CCR) Zoning District.
. Summary of Our Proposal:
A. Project meets City's 3 annexation requirements:
. Property must be adjacent to the City - our project abuts the city on the north and south
side. .
. Is petitioned for by 100% of the property owners within the area to annexed - we own the
property to be annexed
. Will not create a level of growth that exceeds the 120 dwelling units per year limitation
(City currently has a reserve of 180 units +/- per conversations with city staff)
B. Our proposed development plan is consistent with the recommendations found in the Boutwell
South Area Plan, revised and adopted by the City in 2004 (Boutwell Plan):
.
L: \Proj ects\S till water\Boutwell\04 Approvals \Annexation \J ointBoardAmendedlN arrativeSketchP lan0822 06 .doc
3564 ROLLING VIEW DRIVE. WHITE BEAR LAKE. MINNESOTA 55110 . 651-770-2981 . FAX 651-770-9273
.
.
e
.
The Boutwell Plan is a comprehensive planning document that contains the following
elements:
Executive Summary
I. Project Summary
II. Existing Conditions and Issues
III. Planning Process
IV. Recommendations
· Land Use
· Roadways
· Stormwater Management
· Integration of Stormwater and Circulation
· Sewer and Water Services
V. Implementation
Attachments (Including Boutwell Transportation Study)
.
The intersection at Boutwell road and CSAH 12 has been improved.
.
Improvements on Boutwell road are complete and are adjacent to our property including
installation of municipal sewer and water.
.
Traffic signal at Manning and Hwy. 12 has been installed.
.
Traffic Improvements have been made to Deer Path, including traffic calming and right-in /
right out at Olive Street.
· Our roadway will be considered a north/south connector, will be classified as a minor
collector and will be built to MSA standards - (30 MPH design with min. 300' radius). After
conferring with city staff we are confident that our parcel and proposed roadway layout
provides a critical piece of the solution for a north/south connector between Boutwell and
Hwy 12.
· The Boutwell Plan "V. Implementation" states the following: Timing will be based on
landowner interest, availability of services and public improvements, market demand for
development and City ability to accommodate development. All of these elements are
now met to consider our site for annexation.
C. Proposed layout is consistent with City Plans and Ordinances.
· We propose to develop the site within the guidelines of the Cottage Cove Residential
(CCR) Zoning District with Village homes located on narrow lots with association
maintained common spaces. We will meet the Low Density Single Family land use
density of 3 units per acre as identified in the Boutwell Plan and our proposed land use is
consistent with other land uses in this area.
· Our sketch plan offers the first link of a north-south road way connection between Boutwell
Road and CSAH 12. You will note that the roadway anticipates and dovetails nicely into a
variety of options for this planned north-south roadway connection.
L: \Proj ects\S ti 11 water\Boutwell\04 Approvals \Annexation \J ointB oardAmendedlN arra tiveSketchPlan0822 06. doc
.
.
It
. Our proposal respects natural features of the site.
We look forward to working with you on annexation and development of this project. If you have any
questions please do not hesitative to contact me.
Sincerely,
A~
Steve Fisher, AICP
Bruggeman Properties
L: \Proj ects\S tillwater\Boutwell\04 Approvals \Annexation \J ointB oardAmendedlN arrati veSketchPlan082206. doc
.
.
.
Bruggeman Construction Co. Boutwell Road Project
Historical Background:
1. In the year 2000 Bruggeman Construction proposed a development in the subject area.
Bruggeman Construction was under the assumption that we could successfully petition the
City of Stillwater for annexation as City orderly annexation policies allow landowners in areas
adjacent to the existing city limits to petition for annexation (Boutwell South Area Plan, Sept.
2002 pg. 3).
2. On January 10, 2000 Bruggeman Properties submitted a petition for annexation and paid the
$2000 fee. It is our recollection that the petition received unanimous approval from the
Stillwater Planning Commission and the Stillwater Joint Board. Shortly thereafter we
purchased the property.
3. The project was delayed as the City of Stillwater opted to do a study of the Boutwell South
Area, a neighborhood within the Stillwater Annexation Area. On December 6, 2001
Bruggeman Properties agreed to contribute money towards this study.
4. In September of 2002 the Report for the "Boutwell South Area Plan" was published by
Bonestroo Rosene Anderlik & Associates.
5. Following the Plan, a second traffic study was ordered and conducted. This traffic study was
prepared by SRF Consulting and published on November 12, 2003.
6. The Stillwater Planning Commission and Council approved the Boutwell Plan June of 2004.
Note: A timeline is also attached
L: \Proj ects\S till water\Boutwell\04 Approvals \Annexation \J ointBoardAmendedlN arrativeSketchPlan082206. doc
.
.
.
Bruggeman Construction
Boutwell Project Timeline
Stillwater, Minnesota
August 2006
August 16, 1996
November 1999
January 2000
January 18, 2000
January 20, 2000
February 9, 2000
Joint Board adopts - Agreement between the City of Stillwater and
the Town of Stillwater for Growth Management, Orderly Annexation
and the exercise of Joint Powers for Planning and Land Use Control
-sect. 4.09: "As an exception to the Phasing Schedule, the City may
annex property not described in Phases I, II or III by
resolution if:
1. the property is adjacent to the City
2. is petitioned for by one hundred percent (100%) of the property
owners within the area to be annexed
3. the resulting annexation will not create a level of growth
that exceeds the one hundred twenty (120) dwelling units
per year limitation."
LaVentures, Millers and Lows, fee owners of the project property,
send letters to the City requesting immediate annexation of their
land
LaVentures, Millers and Lows send letters to the Mayor and Council
requesting to be taken out of Phase IV of the City's Comprehensive
Landuse Plan and to be allowed to annex immediately
-Lows state in their letter "they never had a voice in the annexation
schedule"
City Council meeting - Bruggeman Construction requests
annexation of their property
-referred to Joint Board for review and comment
Bruggeman Construction sends a letter to the Mayor and Council
offering to undertake a study of the area between Boutwell Ave.,
CSAH 12 and the trunk sewer line - "understanding Staff concerns
for time demand"
Steve Russell, Community Development Director sends a letter to
the Joint Board - "Discussion of Phase IV Area Annexation
Requests"
Mr. Russell states in his letter:
-the City has received requests for annexation of five areas over past two
years
-3 of the 5 were approved for annexation
-a Neal Road extension should be studied between Boutwell and CR 12
Page 2
Bruggeman Construction
Boutwell Project Timeline
.
-safety of Boutwell Road and CR 12 intersection is a concern
-U.S. Homes plans to start their development in 2000 (they have
preliminary and final plat approval for 750 single family and attached
homes. 104 building permits issued)
-Staff recommended a study for the entire Phase IV area before
annexation of areas north of CR 12
-In the Phase IV study - greenway design/location, land use, townhouse
sites, utility services, roads and environmental impacts can be
considered.
February 17, 2000
Joint Board meeting - General discussion of Phase IV area
annexation requests
-Board recommended the City give reasonable consideration of Phase IV
req uests
-Steve Russell, Stillwater Community Development Director stated "staff
has no time to either do the study required or oversee outside consultants
Staff recommends Council defer the request until Phase II is complete"
-City Administrator Kriesel supported the staff recommendation
-Joint Board votes in favor of delaying the consideration for annexation (of
the Bruggeman project site) until 2001
March 21, 2000
City Council meeting - Bruggeman Construction requests
annexation of their property
.
November 29, 2000 Bruggeman Construction sends a letter to the Mayor and City
Council requesting annexation
-letter stated Bruggeman Homes requested annexation earlier in the year
but was delayed due to availability of staff to review our request
-U.S. Homes application being the primary contributor to the lack of staff
review time
-City Council stated earlier in the year they would look at our request after
things loosened up at the staff level - around the first of the year (2001)
December 5,2000 City Council meeting - City Engineer's staff report
-report stated City Engineer, Eckles received a letter from Paul
Bruggeman asking the City to move forward with annexation of property
Mr. Eckles stated at the City Council meeting:
-"it was decided that this request was to be reviewed in a year"
-"the request was dependent on the Staff workload - at this time with the
current development and the Staff time involved - it would not be possible
at this time to annex this property"
December 6,2001 City Council suggests a study of Boutwell South Area is needed
-Bruggeman Construction agrees to contribute money towards the study.
-project delayed until study completed
September 2002 Boutwell South Area Plan completed by Bonestroo, Rosene,
Anderlik & Associates
-study concludes Boutwell Road has enough capacity to handle the
projected development in the area
.
.
.
.
Page 3
Bruggeman Construction
Boutwell Project Timeline
November 2003
SRF completes a second traffic study
-Study concludes Boutwell Road has enough capacity to handle the
projected development in the area
October 2004
Stillwater Planning Commission and Council approve the Boutwell
South Area Plan
June 2004
Revised Boutwell South Area Plan prepared by Bonestroo, Rosene,
Anderlik & Associates - approved by the City Council
July 20, 2004
City Council meeting - Bruggeman Construction sends letter to the
City Council
-recommending approval of the Boutwell South Area Plan and to be
allowed to immediately proceed with annexation of their property
August25,2004
Joint Board meeting - Bruggeman Construction sends letter to the
Joint Board
-recommending Joint Board and Stillwater City Council approve the
Boutwell South Area Plan with the provision that landowners with
properties in the study area adjacent to the City be allowed to annex into
the City and to allow Bruggeman Properties to immediately proceed with
annexation of their property
September 21, 2004 City Council meeting - Bruggeman Construction sends letter to the
Mayor and City Council
-recommending City Council approve the Boutwell South Area Plan with
the provision that landowners with properties in the study area adjacent to
the city be allowed to immediately annex into the City of Stillwater.
2005 - 2006 Traffic improvements completed
-Deerpath traffic restrictions put in place
-signal at Manning and Highway 12 installed and operational
-Boutwell Road improvements completed (abutting the site) including new
road surface, trail and sewer and water
-intersection of Boutwell Road and Highway 12 improved
January 10,2005 Planning Commission meeting
Commissioners Teske and Junker both spoke in favor of adhering to the
Commission's adopted recommendations/polices for the South Boutwell
Area. Commissioner Teske pointed out that the Commission's final
response was that it wanted traffic issues addressed and infrastructure in
place before development proceeds
March 15, 2005 Resolution 2005-64 - annexation of the Munkelwitz property
February 2, 2006 Stillwater City Staff submits a memo to the Council regarding
control and timing of future development for Stillwater
-Staff recommends the Bruggeman development be staged for developed
in the year 2007
.
.
.
Page 4
Bruggeman Construction
Boutwell Project Timeline
August 14, 2006
Planning Commission meeting - Bruggeman Construction requests
Concept Plan Review and Annexation Timing Discussion
-Planning Commission recommended delaying annexation of the
Bruggeman property
-recommend a comprehensive study of the entire Boutwell area
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MeI110rnndum
To: Bill Tumblad, Commun~ pevelopment Director
From: Shawn Sanders, InteriliFPublic Works Director
Date: 8/8/2006
Re: Bruggeman Properties Concept Plan
The concept plan for the Bruggeman Properties is complete with the following comments:
1. The North/South Connector is proposed as a Municipal State Aid Streets, street
widths options are as follows:
a. 26 feet wide- No parking both sides
b. 32 feet wide- Parking on one side
c. 38 feet wide- Parking on both sides
A discussion should be held on what the street widths should be for this
connector.
2. No information was given with regard to storm sewer design or ponds.
3. Temporary cul-de-sacs should be installed at the two street termini.
rage 1 or L
From: Karen Kill [klkill@mnwcd.org]
Sent: Monday, August 07, 200612:20 PM
To: Bill Turnblad
Subject: FW: Boutwell South Area - Bruggeman Property
.
Attachments: Brg.jpg
Bill,
Please see Camilla's initial comments on the Bruggeman Property on behalf of Brown's Creek Watershed District.
Karen
From: Camilla Correll [mailto:ccorrell@eorinc.com]
Sent: Monday, August 07,200610:16 AM
To: Karen Kill
Cc: Lisa Tilman; Ryan Fleming
Subject: Boutwell South Area - Bruggeman Property
Karen,
In reviewing the concept plan dated July 21, 2006 I have the following preliminary comments:
1. The proposed development incorporates open space into the site plan very well. The way the lots are laid out
in relation to the open space and stormwater management features will provide the opportunity to route runoff
to the ponds overland vs. collecting it in the stormsewer system and discharging directly to the ponds. If a
portion of the stormwater runoff is routed overland to the ponds, this can be designed to provide water quality
treabnent (pretreabnent) and can result in reduced stormsewer infrastructure costs.
.
2. The wetlands on site were not inventoried under the Second Generation WMP nor the Wetland Function and
Value Assessment due to their size. According to the NWI there are 5 wetlands on the site (three within
the immediate project area). See the attached map for the wetland locations according to the NWI. The wetland
types on the NWI do not appear to be the same type that they are now. These wetlands will need to be delineated
and typed before the application of Rule 2.0.
3. The proposed development site is located in Phase IV of the Orderly Annexation Area so it is exempt from the
BCWD's volume control standard. All of the other components of Rule 2.0 will apply to the site. According to
the Washington County Soil Survey, the site is located in HSG B soils so the potential to infiltrate stormwater
runoff is good if the developer is interested in incorporating alternative stormwater management practices in an
attempt to meet the water quality standards using a treabnent train approach vs. in one regional stormwater
management facility.
From what I reviewed, this looks like a pretty straight forward residential development site. If there is anything
else I can provide you or the City with prior to the meeting please let me know.
Sincerely,
Camilla Correll, P .E.
Emmons & Olivier Resources, Inc.
651 Hale Avenue North
Oakdale, MN 55128
Phone: (651) 770-8448
FAX: (651) 770-2552
email: ccorrell@eorinc.com
.
file:/^\Sw-fileserv\Home\turnblad\Bruggeman\FW Boutwell South Area - Bruggeman Pro... 8/10/2006
.
.
.
. Washington
~ ~County
Department of Transportation
and Physical Development
Donald J. Theisen, P.E.
Director/County Engineer
Wayne H. Sandberg, P.E.
Deputy Director/Ass't. County Engineer
August8,2006
Bill Turnblad
Community Development Director
City of Stillwater
216 N. Fourth St.
Stillwater, MN 55082
BOUTWELL RESIDENTIAL CONCEPT SITE PLAN, ADJACENT TO WASHINGTON COUNTY STATE
AID HIGHWAY 12 (75TH STREET NORTH; CSAH 12)
Dear Bill:
We have reviewed the concept site plan of the Boutwell South Area, prepared by Bruggeman Properties.
The plan shown is consistent with the findings of the Boutwell Area Traffic Study.
During the Boutwell Area Traffic Study, the need for north/south collector streets in the City was identified.
Reserving right of way in the area labeled "potential connection" would preserve options for future
connections whichwe would support. One critical finding of the Boutwell Area Traffic Study was that safe
access to CSAH 12 could not be provided at a location between Northland Avenue and Maryknoll
Avenue, due to sight distance restrictions and the lack of space to fit full-length center left-turn lanes. If a
connection is made, we will work with the City to safely accommodate it.
At this time, there is 75 feet of right of way north of the CSAH 12 centerline, with access control in the
area of the proposed development. This is adequate for all anticipated needs.
Washington County's policy is to assist local governments in promoting compatibility between land use
and highways. Residential uses located adjacent to highways often result in complaints about traffic
noise. Traffic noise from this highway could exceed noise standards established by the Minnesota
Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S.
Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for
taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area
Classification (NAC) where the establishment of the land use would result in violations of established
noise standards. Minnesota Statute 116.07, Subpart 2a exempts County Roads and County State Aid
Highways from noise thresholds. County policy regarding development adjacent to existing highways
prohibits the expenditure of highway funds for noise mitigation measures in such areas. The developer
should assess the noise situation and take any action outside of County right of way deemed necessary
to minimize the impact of any highway noise.
Please contact me at 651-430-4312 or bye-mail atioe.lux@co.washinaton.mn.usif you have questions
or comments.
Sincerely,
Joseph Lux
Senior Transportation Planner
c: Shawn Sanders, Stillwater City Engineer
N:\WORDlPlat Revlew- StillwaterlBoutwell Residential Concept, CSAH 12, 8-8-OO.doc- Revised.doc
.
Boutwell South Planning
Study
I. Project Summary
This plan provides a comprehensive planning framework that
will guide land use, development, circulation, storm water
management, parks, trails, greenways and other development
decisions in the Boutwell South Planning Area. Plan
preparation began in January 2002. In 2003, a
comprehensive traffic study for the city expansion area
provided additional information that is incorporated into this
final plan and used as a basis for land use recommendations.
The area contains slightly more than 350 acres in size, and is
bounded by Boutwell Avenue, County Road 15 (Manning
Avenue), and County Road 12. Most of the area is currently
located within Stillwater Township, and scheduled for
annexation to the City of Stillwater after 2015. Figure 1
identifies the boundaries of the planning area and shows
existing conditions.
.
The City of Stillwater's Comprehensive Plan (1995) identified
the majority of land use in the Boutwell South Planning Area
as "rural residential" through 2015. The Alternative Urban
Areawide Review (AUAR) for the annexation area assumed
rural residential land use in the Boutwell South area when it
analyzed the environmental impacts of proposed development
in the Annexation Area, and developed the mitigation plan to
address these impacts. Both the 1995 Comprehensive Plan
and AUAR assumed that no urban services would be provided
in the area before 2015.
However, since 1995 several property owners in the Boutwell
South area expressed interest in annexing to the City and
developing their land at urban densities before 2015. City
orderly annexation policies allow landowners in areas adjacent
to the existing city limits to petition for early annexation. One
landowner interested in annexation is located at the corner of
Manning Avenue and County Road 12; another is located
south of Newberry Court (see Figure 1). Other landowners in
the Boutwell South area expressed interest in annexation
during this planning study.
.
The Boutwell South Area Plan is prepared to coordinate and
guide land use, zoning, parks, trails, circulation systems,
public utilities and storm water management in the area when
development occurs. Once adopted, the City will consider
City ofStil/water-Boutwell South Area Plan
3
.
individual property owner requests for annexation and change
in land use based on this overall plan. The plan also reviews
the environmental impacts identified in the AUAR, analyzes
the potential impacts of the proposed land use and utility plans
for the area, and discusses possible mitigation strategies.
II. Existing Conditions and Issues
Initially, the City's Planning Staff, consultants and Planning
Commission met with plan area residents and Washington
County Public Works to review existing conditions and identify
issues to be considered in developing the area plan. Issues
identified are listed below:
Roadwavs, Streets, and Trails
.
.
.
Mannino Avenue (County Road 15). Washington
County's current Capital Improvement Plan identifies
reconstruction of Manning Avenue from Trunk Highway
36 to CSAH 12 in 2007. This project will include a four-
lane roadway, traffic signals a bike/pedestrian trail on
the Stillwater side of the road. The County controls
access to CR 15, including driveways and new streets.
There is no timeframe for upgrading Manning Avenue
to a 4-lane roadway north of County 12 to TH 96.
County staff indicated that the earliest time for this
upgrade is 2008.
.
Neal Avenue. The City is considering options to
connect Neal Avenue with County Road 12. Issues
related to this proposal include the following:
o Improvement of the existing Boutwell
Road/County Road 12 intersection.
o Access to Boutwell Avenue homes east of Neal.
o The existing steep grade on County Road 12 at
Maryknoll makes sight lines difficult for locating
a new intersection east of Northland Avenue.
o The County has purchased the access rights of
CSAH 12 right of way between Boutwell Road
and Manning Avenue. (Openings exist to
accommodate existing private driveways and
streets.) Access spacing standards and need
for turn lanes will be considered in the design of
any proposed Neal Avenue connection.
o A variety of options for the new Neal Avenue
route were studied. Each has potential traffic
and land use impacts as described in attached
Expansion Area Traffic Study.
City of Stillwater-Boutwell South Area Plan
4
.
o Residents in the area are concerned about
potential traffic impacts of connecting Neal
Avenue to residential streets in Croixwood to
the south of County Road 12.
o Residents expressed concerns about increased
traffic on Boutwell, Minar and other local streets
due to the Settler's Glen Development north of
the Boutwell South planning area.
o Residents expressed concern for speeds on
County Road 12, and would like the State
Commissioner of Transportation to reduce the
speed limit on this road.
o Boutwell Road residents expressed concerns
for condition, pedestrian conflict and speeds of
travel on Boutwell Road since Settlers Glen
Development.
o The Boutwell Road, CR 12 intersection is
difficult and access from Boutwell Road to
Manning Avenue experience delays.
o Concern was expressed for the traffic impact on
Neal Avenue of Phase III (Palmer Development
Property).
· Existinq Traffic. Many residents expressed frustration
concerning existing poor circulation in the area, and the
potential for these problems to worsen with additional
development. They also expressed concerns that a
Neal connection near Maryknoll Road or Northland
Avenue would route unacceptable volumes of traffic
onto residential streets in the Croixwood area.
. Trails. The City's Comprehensive Trail Plan identifies
a number of existing and proposed trails within and
around the study area. Issues for the planning study
include:
o Creating good pedestrian connections through
the study area linking the proposed trails.
o Provide trail access to natural areas for
enjoyment of natural areas while connecting to
existing trails in the area.
o Residents on the west side of the planning area
expressed concern for trails along their property
lines.
.
Stormwater Manaaement and Wetlands
.
. Stormwater manaqement. The AUAR proposed that
stormwater in the Annexation Area (including the
Boutwell South area) be diverted away from Brown's
Creek to protect the designated trout stream and
associated resources. The City is currently
constructing this diversion system. Land use changes
City of Stillwater-Boutwell South Area Plan
5
.
proposed for the Boutwell South Area could increase
the rate and volume of stormwater runoff from this area
beyond the level identified in the AUAR. Related
issues include the following:
o The AUAR proposed storm water ponding in
several existing basins in the South Boutwell
Area to manage runoff. The size of these
ponds may need to be increased, or other
storm water management strategies required if
land use changes in the area.
o An impact fee is being assessed to new
development in the Annexation Area to pay for
the cost of the stormwater diversion would be
assessed to new development in the Boutwell
South area.
o Storm water facilities in the area could be
designed to serve as amenities for development
in the area, and provide multiple benefits such
as open space, buffers among land uses, and
trail corridors.
o Ponds to manage runoff will be required for all
new development.
.
. Wetland Buffers. The Brown's Creek Watershed
District requires that 150' undisturbed vegetative
buffers be established along the Brown's Creek
tributaries and wetlands in this area. This will affect the
size and configuration of developable areas.
land Use
.
. ExistinQ Land Use. Much of the Boutwell South area is '
currently occupied by large lot single family residences.
Many of these residents indicated that they plan to
maintain this large lot development pattern for the
foreseeable future. Issues related to the future land
use in the area include the following:
o Identify appropriate long-term land use
designations in the Boutwell South area.
o Evaluate which land use(s) would be
compatible with existing development in the
area, and identify needs for buffers or
separation between some land use types.
o Evaluate which land uses are compatible with
roadways and storm water infrastructure
capacity available for the area.
o Identify an appropriate land use transition from
the city limits going westward
o Existing residents in the area expressed strong
concerns about increased densities proposed
City of Stillwater-Boutwell South Area Plan
6
.
for the area. Many were opposed to any
change in land use designations before 2015.
Single family housing compatible with existing
homes in the area was preferred over attached
housing.
· Parks and open space. Additional open space and
neighborhood park areas should be identified in the
Boutwell South area as development occurs. Open
space areas may also be designed and located to
serve storm water management functions and provide
transitions between land uses. Open space corridors
and trails in the South Boutwell areas should connect
with those in surrounding areas.
· Phasinq issues. The City has a limit of 120 new
residential permits per year within the entire annexation
area. The timing of new development in the Boutwell
South area may be affect by these limits.
.
.
City of Stillwater-Boutwell South Area Plan
7
.
III.
Planning Process
The development of the plan included meetings with affected
parties, including city residents in and around the planning
area, the City's Planning Commission, City-Township Joint
Board, Washington County Public Works Staff, and the City
Council. The plan was also reviewed by the Brown's Creek
Watershed District.
The final plan being presented for approval has incorporated
the results and approved recommendations from the
Expansion Area Traffic Study as they related to the Boutwell
South Planning Area.
Discussions included the following:
.
· Planning Commission and Public Input. The City's
Planning Commission considered the plan at four
meetings, including a public hearing on April 8, 2002.
A large number of residents from the Boutwell South
planning area and surrounding neighborhoods
attended these meetings and identified their issues and
concerns. Issues discussed at these meetings are
listed in the previous section. The plan includes the
Commission's recommendations regarding land use,
stormwater management, public utilities, circulation,
and overall design.
· City-Township Joint Board. The Joint Board
reviewed the draft plan and Planning Commission
recommendations on July 24, 2002. The discussion
and comments focused on roadway and land use
issues.
· Washington County. City staff and consultants met
with staff from the Washington County Physical
Development Department several times during the
planning process to discuss issues related to roadways
and trails. County concerns and recommendations are
described in Section IV, and copies of letters received
from the County are included in the Attachments.
· City Council. On September 13, 2004, the City Cf 111 ! II 2 ?
Council held a public hearing on the plan. At that
meeting, traffic impact of study area development on
Deerpath was identified as a concern for the study. A
separate expansion area traffic study was then
conducted. The results of that traffic study has been
incorporated into this plan. Major new policies deal
with Deerpath/Brick and Neal Avenue.
.
City of Stillwater-Boutwell South Area Plan
8
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IV. Recommendations for the Boutwell
South Planning Area
A. Land Use
Recommendation 1: Figure 2 identifies proposed land
uses for the Boutwell South Area. Land use for the
eastern portion of the planning area is designated urban
low-density single family (3 DU's per net developable
acreyt. Most of the existing Rural Residential land use
areas in the western half of the Area are maintained in
rural residential use, with densities of one unit per 2.5
acres. Two areas, corner of County 15 and County 12,
and County 15 and Boutwell Avenue are designated Low
Density Single Family.
Recommendation 2: Development proposals for the area
should be in the form of Planned Unit Developments to
provide flexibility in project design and design review.
.
The areas identified for Low-density Single Family land use
will extend existing land uses from the City Limits to Long Lake
Creek that bisects the planning area from north to south. The
creek corridor will provide a transition between new land uses
and the existing larger-lot areas to the west. While the
proposed land use designation is a higher density than the
existing Rural Residential land uses, it is a relatively low urban
density and should be compatible with existing uses to the
west of the creek. The new low-density single-family areas
should also be compatible with existing urban developed areas
to the east.
Two areas identified for Low-density Single Family are located
at the western corners of the planning area. These areas are
adjacent to CR 15 at CR 12 and Boutwell Road. The two sites
are adjacent Setters Glen and Liberty commercial.
The designation of the land uses will allow for a range of
housing types and help the City to meet its housing goals.
Low- density Single Family development may include either
clustered attached and single lot detached single-family
housing.
The proposed densities allows for "clustering" of units on sites
to protect natural resources.
.
1 Net developable land equals total acreage minus roads,
wetlands and steeply sloped area
City of Stillwater-Boutwell South Area Plan
9
.
The distribution and amount of land designated for each land
use type in the Boutwell South Area is as follows:
Rural Residential (1 DU/2.5 AC) 167 acres
Single Family, Low-density (3 DU/Net Ac) 120 acres
Parks/open space/wetlands 48 acres
City (Public Works Bldg.) 17 acres
TOTAL 352 acres
Recommendation 3: Annexation and development of
lands in the South of Boutwell Planning area should not
occur until a specific Neal A venue connection location
and design has been determined. The Planning
Commission continues to recommend that Neal A venue
be extended from Boutwell Road and connected at
Northland Avenue. They continue to have concerns for
allowing discretionary Phase IV development before
Manning Avenue (Washington County) and Boutwell Road
improvements are made.
B. Roadwavs
.
Recommendation 3: Neal A venue should be extended
from Boutwell to County Road 12 and intersect County
Road 12 at Northland.
Further study is necessary to ensure that Neal traffic does not
significantly impact the Croixwood neighborhood. Because
the land on the north side of CR 12 across from Northland is
not in the City and this property owner is not currently
interested in annexing to the City it may be some time before
the street improvement is possible.
It is further recommended that Neal Avenue between Boutwell
and CR12, it be designed as a parkway with landscaped
median, larger building setbacks and trails. The street should
be designed to fit into the landscape with gradual turns with
access to local streets. The road design could also
incorporate stormwater management measures.
Washington County strongly supports a Neal connection to CR
12 at Northland for traffic management reasons (Washington
County controls access to CR 12 and have purchased access
rights along that stretch of road).
Recommendation 4 : The Boutwell-County Road 12
intersection should be studies with the extension of Neal
A venue.
e
City of Stillwater-Boutwell South Area Plan
10
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Possible improvements include turn control. The expansion
area transportation plan recommended limiting left turn
movements from Boutwell to Cr 12 when Neal is connected to
CR 12.
Boutwell Road
The City of Stillwater has scheduled improvements for
Boutwell Road to be completed by 2005, including a new 26'
roadway and trail in the existing right of way. The complete
Expansion Area Transportation Study is attached along with
the City Council recommendations.
Traffic Analvsis
The new Low-density Single Family land use areas proposed
in this plan could generate up to 3,445 total daily trips on area
roads, if the 120 acres are fully developed at the maximum 3
units per net developable acre.
The number of trips would be well within the capacity of
existing area roadways, particularly when Manning Avenue
(County 15) is upgraded, and planned improvements have
been completed to Boutwell Road. County 15 in this area
currently carries nearly 14,000 trips on an average weekday.
.
Washington County noted that the combination of new traffic
from the Boutwell South Area with new traffic from the Settler's
Glen development north of Boutwell may create traffic
problems and delays at intersections (Boutwell/Manning and
County 12/Manning). The County has indicated that a new
traffic signal at the County 12/Manning intersection is likely,
though no specific plan has been proposed (the project may
be constructed in 2006). During discussions related to this
plan, the County indicated that it may consider addition of a
traffic signal at the Boutwell/County Road 15 intersection as
well, subject to the standards of the County's Traffic Signal
Ranking System and its cost participation policies.
County 15 will be the focus of many of the work and shopping-
related trips from the new residential areas. The City will
construct a new Frontage Road (extension of Curve Crest
Boulevard) from the intersection of County 15 and 62nd Street,
parallel to Highway 36, to the Curve Crest intersection at
County 5, as development occurs in the area along Highway
36. This will provide a convenient connection for residents
from the Settler's Glen and Boutwell South Areas to this retail
area. (See map Concept Plan for 62nd Street Frontage Road
in the Attachments.)
.
City of Stillwater-Boutwell South Area Plan
11
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Trips that do not use County 15 will be dispersed among other
area roadways-primarily Boutwell Road and County 12 and
Deerpath and Brick Street (see attached Expansion Area
Traffic Study for comprehensive discussion of expansion area
traffic ).
Trails
Recommendation 5: Trails should be developed in the
study area as shown on Figures 1 and 6, and include the
following:
· East side of Manning A venue
· North side of Boutwell Road
· South side of County Road 12 (existing)
· Brown's Creek tributaries, connecting with existing
trails to the Brown's Creek Open Space site and Long
Lake
· Proposed Neal Avenue connection.
.
Recommendation 6: An underpass should complete the
trail connection under County Road 12 near Northland
A venue. The underpass is proposed to allow a safe crossing
to the park and elementary school on the south side of County
Road 12. The exact location of the underpass will be
determined in the future, and will depend on potential
alteration of the grade of County Road 12 and soils in the
area. The County has indicated strong support for this
underpass (letter dated July 2, 2002).
Trails should be physically separated from roadways to
provide a safe and pleasant experience for trail users.
The route of an historic trolley route from Como Lake in St.
Paul to Stillwater is still visible within the study area, and in
other portions of Washington County. Consideration should
be given to preservation and use of this feature, particularly if it
can be used to make trail or habitat connections to other areas
within the County.
.
City of Stillwater-Boutwell South Area Plan
12
C. Stormwater Manaaement
.
Recommendation 7: The two existing landlocked
depressions within the planning area should be used to
provide flood control for the surrounding development
and moderate water level fluctuations. Outlets are
recommended for both depressions. The City will require
developers to provide water quality ponds, use infiltration or
filtration strategies, or other feasible management strategies to
provide water quality treatment within local development sites
and to control volumes and rates of flow to protect the
functions of these two regional ponds.
Recommendation 8: When Boutwell Road is
reconstructed, the roadway and culverts should be
constructed as described in the analysis below, to prevent
flooding of Boutwell Road.
Stormwater Analvsis
.
The Boutwell South Area includes subdistricts S208, S209,
and S206 of the Stillwater Drainage District, described in the
1997 Alternative Urban Areawide Review (AUAR). Figure 5
identified the boundaries of these subdistricts. When the
AUAR analysis was completed, these subdistricts were
proposed to remain in rural residential land uses (1 unit per 2.5
acres) through the year 2015. This plan suggests that portions
of the area be designated for Low Density Single Family uses,
at a density of up to 3 units per acre. The change in proposed
densities requires that the AUAR analysis be reviewed,
potential impacts identified, and recommendations developed
to avoid or mitigate for potential impacts.
The AUAR proposed to avoid impacts of proposed
development in the Stillwater Annexation Area by diverting
storm water away from Brown's Creek, a state-designated
trout stream, to McKusick Lake and a ravine downstream. The
diversion system included in the AUAR Mitigation Plan was
sized to divert 100 percent of the runoff from events up to a 3-
inch, 24-hour event. The recommendations for the Boutwell
South Planning Area include the rate control necessary to
maintain the storm water management goals of the AUAR
Mitigation Plan.
Stormwater Analvsis Assumptions
.
During development of this plan, the drainage system for the
area was reviewed from a regional perspective. In modeling
the subwatersheds in the Boutwell South Area, two
assumptions were made:
City of Stillwater-Boutwell South Area Plan
13
1.
Development of the Boutwell South area was
assumed to occur at the maximum proposed
densities.
The contributions of local water quality/quantity
ponds or infiltration approaches within local
development sites were not included. Only the
completed retention ponds in the Public Works
Facility have been modeled. Therefore, the
results are conservative.
.
2.
Subdistrict S208 Recommendations
There are two landlocked depressions within S208. The
Tables and accompanying text below summarize the analysis
completed to identify impacts to these ponds from the
development proposed in the Boutwell South Area. To provide
flood control for the surrounding development and moderate
water level fluctuation, outlets are recommended for both
depressions.
The change in proposed land uses (represented by the curve
number on the tables) is associated with only a minor change
in High Water Level from the existing conditions for the two
depressions. This is due to the addition of the outlets. Table
3 provides the summary of the proposed pond
characteristics.
.
Regional Pond S-P208.1: The farthest upstream depression,
designated S-P208.1, has the following characteristics.
· Drainage area = 24.75 acres
. Surface area at NWL (903.2' based on 1996 aerial
topography) = 0.72 acres.
. Estimated existing watershed curve number = 65
· Proposed watershed curve number = 75
· Proposed outlet to be restricted by a 6-inch orifice.
· Table 1 provides HWL comparisons between
existing and proposed conditions (assuming a
starting water surface elevation of 903.2').
Table 1 - Re ional Pond S-P20B.1
Storm Event Existing
24-hour HWL
1-year 903.9
2-year 904.3
100-year 907.1
Proposed
HWL
904.0
904.3
907.2
Regional Pond S-P208.2: The outlet from regional
pond S-P208.1 was routed downstream to depression
.
City of Stillwater-Boutwell South Area Plan
14
.
S-P208.2. The drainage characteristics of S-P208.2
are as follows.
· Drainage area = 19.66 acres
· Surface area at NWL (896.0' based on 1996
aerial topography) = 0.41 acres
· Existing watershed curve number = 65
· Proposed watershed curve number = 75
. Proposed outlet to restricted by an 8-inch orifice
. Table 2 provides HWL comparisons between
existing and proposed conditions (assuming a
starting water surface elevation of 896').
Table 2 - Regional Pond S-P20B.2
Storm Event Existing Proposed
(24-h0 ur) HWL HWL
1-year 896.8 897:3
2-year 897.1 897.8
100-year 900.3 901.1
.
a e - on - . - . ummar. '
Pond NWL 100-Year HWL Peak Storage
Discharge Volume (acre-
(cfs) feet)
S-P208. 1 903.2 907.2 1.8 4.9
S-P208.2 896.0 901.1 2.1 5.0
~ bl 3 P d S P20B 1 & S P20B 2 S
Boutwell Road Recommendations
Boutwell Road frequently floods where the road
crosses two channels. The road is expected to be
rebuilt in the near future due to its age and condition.
There are two primary culvert crossings along Boutwell
that were evaluated in this study. The west crossing
occurs in subdistrict S206, the east crossing in
subdistrict S209.
The 1997 AUAR Feasibility Study recommended
improvements for flood protection at these culvert
crossings. These recommendations were re-evaluated
and have been revised as discussed below. The
revised recommendations were developed to restrict
flow rates under Boutwell Road, to provide a system
that meets the AUAR mitigation strategy. The Boutwell
Road improvements are needed regardless of the
.
City of Stillwater-Boutwell South Area Plan
15
.
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potential for redevelopment upstream of Boutwell
Road.
Boutwell Road East: Boutwell Road east
crossing receives flows from its direct drainage
area (subdistrict S209), Long Lake channel,
and subdistrict S208. The proposed culvert is a
36-inch pipe (estimated upstream invert 879.0).
The modeled 1 OO-year storm HWL along the
road is 883.0', with a peak flow of 53 cfs. The
existing road elevation of 885.6' provides
sufficient freeboard.
Boutwell Road West: Boutwell Road west
crossing receives flow from subdistrict S206
and areas in Stillwater south of CSAH 12 and
from the City of Grant (west of Manning Ave.).
This road crossing is the most susceptible to
flooding due to its low profile at the crossing
and insufficient culvert capacity. One 36-inch
and two 24-inch culverts at staggered
elevations are recommended.
.
The 36-inch outlet is proposed to convey
channel flow (estimated upstream invert
elevation = 878.5'). The 36-inch culvert will
provide rate control for the 3-year and smaller
storm events. The two 24-inch outlets with
upstream invert elevation of 881.0' will be used
only during high flow events. The modeled
100-year storm HWL along the road is 885.6',
with a peak flow of 126 cfs. The HWL and peak
discharge assumes ponding in Grant as
proposed in the AUAR. Without ponding in
Grant the HWL will rise to 888.9 feet (unless the
road is allowed to flood periodically, though at a
lower frequency, or additional culverts are
added).
The existing road has a low point elevation of
882.9 feet. The road profile will need to be
raised to provide flood storage volume
upstream of the road, cover over the proposed
culverts and freeboard protection for the road.
The recommendations for Boutwell Road may
be modified when Boutwell Road is
reconstructed. As stated previously the
recommendations assume a conservative
scenario were future local water quantity and
quality ponds within the redevelopment areas
.
City of Stillwater-Boutwell South Area Plan
16
directly draining to the road crossings were not
taken into account.
.
Intearation of Storm Water and Circulation Systems
The location and design of infrastructure systems in the
Boutwell South area provides opportunities to create
connections and amenities that will add value to the area.
Figure 6 suggests a conceptual design for the Neal Avenue
extension and adjacent storm water facilities as a "prairie
parkway" that showcases the character of the local landscape,
connects wetland and upland habitat patches, and provides
areas for storm water management and recreation.
.
The concept design includes the following:
· A curved parkway that emphasizes the rolling
nature of the landscape, and provides views of the
ponds, and upland open space areas. The curves
and plantings could be designed to reduce speeds
on the parkway.
· A wide boulevard along the parkway with groups of
trees and wide swales planted with native grasses
and wildflowers. The swales may be used to
infiltrate storm water runoff from the roadway and
adjacent areas.
· Ponds planted with native wetland and meadow
plants, and preservation of existing wooded areas
that serve storm water management and habitat
functions.
· Open space areas that provide opportunities for
passive recreation and casual play.
· A recreational trail that connects the proposed trail
on Boutwell Road with the existing trail on County
Road 12. The proposed underpass for trail
connections under County 12 is just west of the
proposed parkway.
Design elements of the parkway, such as curves and
plantings, could be continued along new residential streets in
the Boutwell South area, to emphasize the character of the
local landscape and give the area a unique signature among
Stillwater neighborhoods.
D. Sewer and Water Services
.
Recommendation 9: City sewer and water services should
be provided to the areas proposed for Single Family land
uses in this plan. The areas in the eastern half of the
Boutwell South area can be served from existing City services
at the current Neal-Boutwell Avenue intersection.
City ofStil/water-Boutwell South Area Plan
17
.
Areas in the western half of the Boutwell South area that are
proposed for Single Family land uses can be served from
existing service lines to the north or south.
City service capacity is available to meet demands estimated
for the proposed land uses in this area.
.
.
City of Stillwater-Boutwell South Area Plan
18
.
IV. Implementation
This plan will be implemented over time. Timing will be based
on landowner interest, availability of services and public
improvements, market demand for development and City
ability to accommodate development. Steps needed to
implement the plan include the following:
Land Use
· Apply for annexation to the City. Annexation requests
should be accompanied by Planned Unit Development
concept.
· If annexation is approved, the property is annexed with
Agricultural Preserve zoning designation.
· Make application to re-zone the property. Re-zoning
must be approved by the Planning Commission, Joint
Board, and City Council consistent with area plan land
use and PUD.
. Phase III expansion area development should direct
access and traffic, to the maximum extent, through
road design and location to TH 96 and CR 15.
.
Roadwav. Utilitv and Stormwater Improvements
· Neal Parkway between Boutwell Road and CR 12 may
be developed in phases, based on the timing of
development on various parcels in the Boutwell South
Area.
· City presents proposed Neal Parkway design, including
connections to CSAH 12, to the County. The City
coordinates with the County to complete final designs.
. Public hearing scheduled with area residents to
discuss proposed changes to CSAH 12, including
access changes at Northland Avenue.
. County Board must approve connection to CSAH 12.
· Boutwell Road and related trail and stormwater
improvements completed by the City in 2005-2006.
This may include reconfiguration of Boutwell/County 12
intersection.
. Regional ponds and local storm water management
strategies are designed as part of the PUD process,
and implemented as development occurs.
· County completes improvements to County Road 15
from TH 36 to CR 12 (2007).
.
Trails
. Trails are completed as development occurs. The
City and County may participate in development of
City of Stillwater-Boutwell South Area Plan
19
.
some trails and in completion of the underpass at
County Road 12.
.
.
City of Stillwater-Boutwell South Area Plan
20
.
Date Group Meetine: Sub.iect of Meetin~ Action
Dec 6, 2001 CC Council directs staff to prepare a
Boutwell South Area Plan
Jan 2002 CC Bonestroo Rosene Anderlik &
Associates chosen to begin
Boutwell South Area Plan
Jan-Mar CPC Neighborhood Staff and BRA conduct
2002 Mtgs neighborhood meetings on planning
area: develop 1 st draft of plan
Apr 8, 2002 CPC Discussion Meeting focused on land use consensus: Neal Ave, not a direct
options and road Neal Ave connection from existing Neal CR 12;
extension alignment options about 2 units per acre east of LL Creek.
July 22, 2002 Joint Bd Discussion Boutwell South Area Plan Approve concept plan
Sept 17, CC Discussion Boutwell South Area Plan Tabled and directed staff to further study
2002 the traffic issues.
Sept 24, CPC Workshop Input from public on Boutwell Area
2004 Transportation Study
Oct 13, 2003 CPC Workshop Input from public on Boutwell Area
Transportation Study
Nov 17, CPC Public Boutwell Area Transportation Boutwell Area Transportation Study
2003 Hearing Study
Dec 18, 2003 CPC Workshop Follow up to 11/17/03 public
hearing
Jan 12, 2004 CPC Public Continued hearing from 11/ 17/02 Tabled to hold a workshop on 1/22/04
Hearing
Jan 22, 2004 CPC Workshop Follow up to 11/17/03 public
hearing
Feb 9, 2004 CPC Discussion Boutwell Area Transportation Approved all 1 0 recommendations:
Study: Review 10 CPC amended 2 by striking "collector"
recommendations to the CC designation
Apr 20, 2004 CC Public Boutwell Area Transportation A) Approved 4-1 (Junker: nay):
Hearing Study recommendations Deerpath right out only onto Olive;
designate Brick Street the collector and
upgrade it; have further study done on
intersection of Neal and CR 12 as well as
other intersections on CR 12.
B) Approved 5-0: implement SRF short
range recommendations 1,3 and 4.
Frontage Road should be implemented
asap @ at least 35 mph design
C) No long range recommendations acted
on. Short range rec.s 2 and 5-9 not acted
on.
July 20, 2004 CC Public Revised Boutwell South Area Plan Opened hearing for comments, but
Hearing continued to 9/7/04 to allow It Board
review first.
Aug 9, 2004 CPC Discussion Revised Boutwell South Area Plan Consensus: revisions represented their
position/concerns; including changes to
rec. No.3 and a concept sketch for Neal
Ave intersection at Northland Avenue.
Aug 25, Joint Bd Public Revised Boutwell South Area Plan Plan approved on a 4-0 vote. Added
2004 Hearing condition that City take aggressive stance
with County on Manning Ave
improvements.
Oct 5, 2004 CC Public Revised Boutwell South Plan: Plan approved on 4-1 vote (Kriesel
Hearing continuation of public hearing against). Millbrandt in favor of amended
Rec. No.3; Juker in favor of connecting
Neal Ave to CR 12; Kriesel against until
"traffic issue is addressed"; Rheinberger
in favor.
.
.
.
.
.
.
RESOLUTION NO. 2006-_
RESOLUTION CALLING FOR A PUBUC HEARING BY
THE CITY COUNCIL ON THE PROPOSED ADOPTION OF
A MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO. 1 AND THE
PROPOSED ENLARGEMENT OF TAX INCREMENT
FINANCING DISTRICT NO. 10 THEREIN AND THE
ADOPTION OF A MODIFICATION OF THE TAX
INCREMENT FINANCING PLAN THEREORE.
BE IT RESOLVED by the City Council (the "Council") of the City of Stillwater,
Minnesota (the "City"), as follows:
Section 1. Public Hearing. This Council will meet on October 17, 2006, at
approximately 7:00 p.m. to hold a public hearing on the proposed adoption of a Modification to
the Development Program for Development District No.1, the proposed enlargement of Tax
Increment Financing District No. 10 (a "Redevelopment District") and the proposed adoption of
a Modification of its Tax Increment Financing Plan therefore, all pursuant to and in accordance
with Minnesota Statutes Sections 469.174 to 469.179, inclusive, as amended, in an effort to
encourage the development of certain designated areas within the City; and
Section 2. Notice of Hearing: Filing of Program Modification and Plan. The City
Attorney is authorized and directed to prepare a Modification to the Development Program for
Development District No. 1 and a Modification of the Tax Increment Financing Plan for Tax
Increment Financing District No. 10 and to forward documents to the appropriate taxing
jurisdictions including Washington County and Independent School District No. 834. The City
Administrator is authorized and directed to cause notice of the hearing, together with an
appropriate map as required by law to be published at least once in the official newspaper of the
City not later than 10, nor more than 30 days prior to October 17, 2006, and to place a copy of
the Program Modification and Plan Modification on file in the City Administrator's Office at
City Hall and to make such copy available for inspection by the public.
CITY OF STILLWATER
Dated: September 5, 2006
Jay L. Kimble, Mayor
ATTEST:
Larry D. Hansen, City Administrator
I'
PROPOSED SUMMARY OF CHANGES
TO
THE CITY OF STILLWATER MODIFICATION TO
THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1
And the
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 10
Within DEVELOPMENT DISTRICT NO.1
.
(~~~....!lJ.~....~~!i~~ in the )
M_BjPlB
(Adde4..~t...~~~l..~f.p~agraph)
?;; ;~&Ili.[if...
establishment of Tax.,:".,.. ;.,.,.;,.::::':':'~:....,.:.;I of Tax Increment
Increment Financing District Financing District No. 10
No. 10
PAGE/SECfION
Cover Page
TEXT DELETED/CHANGED
Tax Increment Financing
District No. 1
and the Tax Increment
Financing Plan for the
establishment of Tax
Increment Financing District
No. 10 (a Redevelopment
District)
A ri129, 2003
NO.1
reduction in size
delete text "the termination . .
.and certain other areels"
Cover Page
Cover P e
Section 1.01
Section 1. 0 1
Section 1.01
Section 1.01
Section 1. 0 1
Section 3.01
Section 3.05
Section 3.06
Section 3.06
Section 3.07
Section 3.07
Section 3.09
Section 3.10 (2nd par aph) $17,800,000
TEXT ADDED/CHANGED
Tax Incr~~~~. Financing
District Igi.i~jfQ
;".';.;-;;;:;;:llll~:li~
.....h... ..............
119.""..........
iBii_jintl&
.
8.
'Ii
...:]0
if
Under Parcel Numbers:
.dl~~lit_
1I:ltlm~_
.
.
.
.
.
Section 3.10 Revenue & Other
Financin Sources
Section 3.10 Revenue & Other
Financin Sources
Section 3.10 Revenue & Other
Financin Sources
Section 3.1 1 Expenditures and
Other Financin uses
Section 3. II
Section 3. 16
Under Tax Increment
Revenue: $37,500,000
Bond Proceeds:
$17,800,000
$66,300,000
Under Tax Increment
Revenue:?:i:~liiQQrll
Bond Proceeds:
521fBfj::ooo
_........ .._...... .n....."
Ui~imill
Parking Facilities
$6,000,000
Project Costs Total
66,300,000
:P..Clr.:Ici.I.!-g..~_Cl~iliti es
$IIJ~l.
!:~?j,~cf.~_~ts Total
glii:.L:-::, ._:.,
IilI
.
THE CITY OF STILL WATER
MODIFICATION TO THE DEVELOPMENT PROGRAM FOR
DEVELOPMENT DISTRICT NO.1
and the
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO.1
and the
TAX INCREMENT FINANCING PLAN
for the establishment of
TAX INCREMENT FINANCING DISTRICT NO. 10
(A REDEVELOPMENT DISTRICT)
within
.
DEVELOPMENT DISTRICT NO.1
Public Hearing for consideration of adoption
April 29, 2003
and
Resolution Approving Tax Increment Financing Plan
May 20, 2003
.
.
.
.
TABLE OF CONTENTS
Page
Article 1 -Modification to the Development Program for Development Project No.1................ 1
Section 1.0 1. Forward. ............... ......... ......... ........ .............. ........... ....... ...... ........... .... ............1
Article 2 -Modification to the Tax Increment Financing Plan for Tax Increment Financing
District No. I........... ................................... ............ ............................. ............................................ I
Section 2.01. Parcels to be Removed from Tax Increment Financing District No. I (as
Modified on April 29, 2003) ............ ........... ............... .......... ................ ....... ....1
Section 2.02. Estimated Impact of Tax Increment Financing...............................................2
Article 3 -Tax Increment Financing Plan for Tax Increment Financing District No.1 0..............2
Section 3.0 1. Forward. . ....... ............................................. .......... ..................................... ......2
Section 3.02. Statutory Authority. .... ... ..... ............................... .... ......... ............ ...... .......... ....2
Section 3.03. Statement of Objectives. ...................................... ..... ................................... ...2
Section 3.04. Development Program Overview. ............... ............. ........... ............. ..... .........3
Section 3.05. List of Expected Development Activities. ......................................................3
Section 3.06. Property to be Included in the District and Property to be Acquired..............6
Section 3.07. Classification of the District. .................... ................................ ...... ................8
Section 3.07 A. Creation of Hazardous Substance District. ...................................................10
Section 3.08. Duration of the District. ................... ......................................................... ....12
Section 3.09. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax
Capacity Value/Increment and Notification of Prior Planned
Improvements. ........ ............. ................................ .............. ..... ................... ...12
Section 3.10. Sources of Revenue/Bonded Indebtedness. ..................................................14
Section 3.11. Uses of Funds. ................................................... ............ .............. ............ ......15
Section 3.12. State Tax Increment Financing Aid (Local Contribution). ...........................16
Section 3.13. Fiscal Disparities Election. ...........................................................................16
Section 3.14. Business Subsidies. .... ...................... ............. .................. .......................... ....16
Section 3.15. County Road Costs. ......................................................................................17
Section 3.16. Estimated Impact on Other Taxing Jurisdictions.......................................... 17
Section 3.17. Supporting Documentation. ..........................................................................17
Section 3.18. Defmition of Tax Increment Revenues. ........................................................17
Section 3.19. Modifications to the District. ........................................................................18
Section 3.20. Administrative Expenses. ......................... ....... ..................... ........................18
Section 3.21. Limitation oflncrement. ...... .......................... ...............................................19
Section 3.22. Use of Tax Increment. ............. ....................................................... ............ ...21
Section 3.23. Excess Tax Increments. ................................................................................21
Section 3.24. Requirements for Agreements with Developer.............................................22
Section 3.25. Assessment Agreements. ........ ....................................................... ..... ..........22
Section 3.26. Administration ofthe District. .................. .............. ...... ................................23
Section 3.27. Annual Disclosure Requirements. ................................................................23
Section 3.28. Reasonable Expectations. .............. .............. ................ ........... ......... ............ .23
Section 3.29. Other Limitations on the Use of Tax Increment. ..........................................23
Section 3 .30. Summary. ................ ..... ....... .... ......... ..................... ........ ........... ...... ............. ..24
Exhibit A:
Exhibit B
A-I
A-2
A-3
A-4
Map of Development District No.1;
Maps No.1, 2, and 3 of Proposed Tax Increment District No.1 0;
Maps No.1 and 2 of Parcels to be Deleted and Development
District No.1;
Map of Tax Increment Financing District No.7
Fiscal Analysis
11
.
.
.
ARTICLE 1-
MODIFICATION TO THE DEVELOPMENT PROGRAM
. FOR DEVELOPMENT DISTRICT NO.1
Section 1.01. Forward.
The following text represents a Modification to the Development Plan for Development
District No.1. This modification represents a continuation of the goals and objectives set forth
in the Development Program for Development District No.1. Generally, the substantive changes
include the reduction in size of Tax Increment Financing District No.1, the termination of Tax
Increment Financing District No.7 and the establishment of Tax Increment Financing District
No. 10. Tax Increment Financing District No. 10 will consist of the parcels eliminated from Tax
Increment Financing District No.1, the parcels that constituted Tax Increment Financing District
No. 2 and certain other parcels, all described in the Tax Increment Financing Plan for Tax
Increment Financing District No. 10.
For further information, a review of the Development Program for Development District
No. 1 is recommended. It is available from the City Administrator at City Hail. Other relevant
information is contained in the Tax Increment Financing Plans for the Tax Increment Financing
Districts located within Development District No.1.
ARTICLE 2-
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO.1
.
Section 2.01. Parcels to be Removed from Tax Increment Financing District No.
.1jas Modified on May 20, 2003)
The following property and all adjacent rights-of-way identified by the parcel numbers
listed below are certified in Tax Increment Financing District No.1. These parcels are being
removed from Tax Increment Financing District No. 1 and will be included in Tax Increment
Financing District No. 10.
;
Parcel Numbers
28.030.20.14.0042
28.030.20.41.0098
28.030.20.41.0081
28.030.20.41.0082
28.030.20.41.0084
28.030.20.42.0107
28.030.20.41.0045
28.030.20.11.0003
28.030.20.11.0033
28.030.20.14.0033
28.030.20.12.0101
28.030.20.11.0038
.
28.030.20.14.0010
28.030.20.14.0011
28.030.20.14.0012
28.030.20.13.0143
28.030.20.13.0144
28.030.20.13.0145
28.030.20.14.0057
28.030.20.11.0037
28.030.20.12.0102
.
Section 2.02. Estimated Impact of Tax Increment Financin~
If the County Auditor determines that the current net tax capacity of the parcels
eliminated from Tax Increment Financing District No.1 exceeds the net tax capacity of those
parcels in the district's original net tax capacity, then the City agrees that the original net tax
capacity will be reduced by no more than the current net tax capacity of the parcels eliminated
from the district, pursuant to Minn. Stat. g469.175, Subd. 4.
ARTICLE 3 -
TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 10
Section 3.01. Forward.
The City Council for the City of Stillwater (the "City"), staff and consultants have .
prepared the following information to expedite the establishment of Tax Increment Financing
District No.1 0 (the "District"), a redevelopment tax increment financing district, located in
Development District No.1.
Section 3.02. StatutOry Authoritv.
Within the City, there exist areas where public involvement is necessary to cause
development or redevelopment to occur. To this end, the City has certain statutory powers
pursuant to Minnesota Statutes SS469.124 through 469.134, inclusive, as amended, and Minn.
Stat. S9469.174 through 469.179, inclusive, as amended (the "Tax Increment Financing Act" or
"TIF Act"), to assist in financing public costs related to this project.
This Article contains the Tax Increment Financing Plan (the "Plan") for Tax Increment
Financing District No.1 O. Other relevant information is contained in the Modification to ,the
Development Program for Development District No.1.
Section 3.03. Statement of Obiectives.
The District currently consists of 51 parcels of land, adjacent and internal rights-of-way,
and underutilized and abandoned railroad rights-of-way. The District is being created to
facilitate the construction of Condominium Units at market rates, rental townhouses at market
.
2
.
.
.
rates, rental and work lofts, Elderly Rental Apartments, office and commercial uses, public and
private parking facilities, flood walls, pedestrian walkways, a transportation corridor, including
rail transportation, and right-of-way for sewer, water and storm sewer facilities. Contracts for
this have not been entered into at the time of preparation of this Plan, but the date when
development is likely to occur is July 15, 2003. This Plan is expected to achieve many of the
objectives outlined in the Development Program for Development District No.1.
The activities contemplated in the Modification to the Development Program and the
Plan do not preclude the undertaking of other qualified development or redevelopment activities.
These activities are anticipated to occur over the life of Development District No. 1 and the
District.
Section 3.04. Development Program Overview.
1. Property to be Acquired - Selected property located within the District may be
acquired by the City and is further described in this Plan.
2. Relocation - Relocation services, to the extent required by law, are available
pursuant to Minn. Stat. Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to a project and completion of the
necessary legal requirements, the City may sell to a developer selected properties
that they may acquire within the District or may lease land or facilities to a
developer.
4.
The City may perform or provide for some or all necessary acqUIsItlon,
construction, relocation, demolition, and required utilities and public street work
and pollution and hazardous waste abatement within the District.
Section 3.05. List of Expected Development Activities.
1. The Lofts of Stillwater Proiect (Parcel No. 28.030.020.14.0033). The Lofts of
Stillwater Project is expected to be undertaken by the current fee owner of the
site, "The Lofts of Stillwater, Inc.", (the "Lofts Redeveloper").
The Lofts project will be a four story residential condominium building
containing at least 58 residential units, having approximately 109,000 square feet
of total livable area. The underground parking will include space for 137 cars.
The soil conditions on the site are unfavorable for redevelopment. Historically,
the site itself was created by sawdust and other fill materials after the Original
Town of Stillwater was platted. To offset the poor soils on the site, the project
will require 281 concrete pilings to be poured beneath the building slab. The
depth of those pilings will range from twenty-five to one hundred feet. The Lofts
Redeveloper has received bids in the amount of $915,022.53 to correct the soils
on the site.
3
In addition to the generally poor condition of the soils, the site suffers from
significant environmental contamination. The site has a long history of assorted - .
uses, including that of a foundry, farmer's co-operative, and filling station. The
Minnesota Pollution Control Agency (the "MPCA") has identified multiple
leaking underground storage tanks on the site. The leaking tanks have discharged
a significant amount of petroleum product into the soils beneath the site. In
addition to petroleum contamination, environmental investigation has discovered
the presence of significant amounts of PaR, arsenic and the pesticide, endrine
ketone. The Lofts Redeveloper would like to replace the dilapidated structures
previously demolished on the site with the project, which will require the MPCA
to approve a Voluntary Response Action Plan. The estimated cost to implement
the Plan is $933,995.00. The Lofts Redeveloper estimates that the completed
project would have an estimated market value of $38,000,000. It is expected that
the project will begin construction in 2003 and be completed by 2005.
2.
Territorial Springs Proiect (Parcel No. 28-030-020-12.0101). The Territorial
Springs property expected to be undertaken by Frauenshuh-Sweeney as master
developer (the "Territorial Redeveloper") will consist of five separate buildings.
Building One will contain 22 townhome units with some retail and office space;
Building Two will be a four story, 45 unit condominium building; Building Three,
a five - seven story building, will contain between 75 and 100 residential
condominium units; Building Four will have between 22 and 32 residential rental
units; and Building Five will have mixed use of both retail and office space with
16,000 square feet of space. Between 315 and 330 parking spaces will be
provided, with approximately one half of the spaces below ground.
.
The site is unfavorable for development because of high or perched ground water
conditions on the site. The lack of storm sewer facilities on the site is made worse
because the site is on the down stream end of a significant drainage area. In
addition, public infrastructure consisting of storm sewer, sanitary sewer, water
service, roads and sidewalks must be built to support the project. Estimate of the
cost of infrastructure exceeds $3,000,000.
The site has a history of assorted uses and at one time housed the Minnesota
Territorial Prison. Although the last prison buildings were destroyed by fire on
September 3,2002, the historical wall remains. This wall is in disrepair and must
be made secure. The wall functions to retain the soil surrounding the site and to
prevent washouts, erosion and collapse.
The Territorial Redeveloper estimates the market value of the completed project
to be $43,770,000. It is expected that the project will begin construction in 2003
and be completed by 2005.
3. Stillwater Bluffs Proiect (Parcel Nos. 28-030-20410086, 440025, 440085,
410087, 410084, 410082, 410081. 410083 and 420107). Although a developer
.
4
.
has not been selected by the City for redevelopment of the Stillwater Bluffs
Project, construction is expected to occur between 2005 and 2010.
Development of the project site is difficult because part of the site was formerly
used by Xcel Energy ("NSP") as a coal gasification facility. Significant
contamination consisting of creosote was cleaned up by NSP, however,
monitoring wells remain on the site for the indefinite future. The part of the
project adjacent to the north of Olive Street was formerly used as a bus garage
and significant pollution clean up has taken place under the auspice of the PCA
VIC program, but monitoring wells remain. The City expects, however, that the
portion of the site south of Nelson Street will be developed into residential
condominium units having an expected market value of $30,000,000. The City
expects that the portion of the site north of Olive Street will be developed into a
multi-floor parking facility with retail shops along Second Street. The parking is
expected to be available to the public and the retail component is expected to have
a value of $6,500,0000 and construction to be completed in 2007.
4.
Myrtle Street/Lumber Baron's Hotel Parking Proiect, PID No. 410118. The
parcel owned by the St. Croix Preservation Company north of Myrtle Street is
now used as a parking lot for the Lumber Baron's Hotel. The City holds an
option on the property that, if exercised, would allow construction of a multilevel
parking facility on the site. It is reasonable to expect that this site will be
developed into a multilevel parking facility with housing built on higher levels of
the facility. The project could include a private-public arrangement with all or
some levels of the parking structure publicly owned and higher levels of housing
privately owned. This development is expected to be completed in 2007. The
project is expected to have a market value of$12,000,000.00.
.
5. Mulberry/Second Street Parking Proiect. PID No. 130159 and No. 130162 and
other Real Estate Expected to be Acquired. The parcels at the southeast comer of
Mulberry and Second Streets can reasonably be expected to be developed as a
multilevel parking facility with the possibility of retail and or commercial
development on higher levels of the structure. This development is expected to be
completed in 2009. The project is expected to have a market value of
$6,000,000.00.
6. Main StreetlWater Street Visitor Center Proiect. The City-owned parcel, south of
the Mainstream Development, north of the Oasis Market filing station and
between Main Street and Water Street, is expected to be developed either publicly
or privately with landscaping, sidewalks and a visitor center with public restrooms
that are badly needed in the downtown district of the City. It is estimated that the
development will occur before 2015.
7. Transportation, Flood Wall and Utility Corridor. Transportation, flood wall and
utility corridor on the Railroad property to be acquired, as described in 3.06(2),
extensive public costs are expected to complete the transportation and pedestrian
.
5
corridor needed to enhance commerce in the downtown area, for construction of a
flood wall needed to protect the historical downtown from the ravages of the -.
flooding St. Croix River and to connecting sanitary sewer waste for the downtown .
to the Metropolitan Sewer Plant that serves the area. Street construction and
parking lot and parking ramp construction, and to the extent allowable under the
Minnesota Tax Increment Act, public costs associated with a visitor center, public
landscaping and park construction. Public costs are estimated in the amount of
$12,000,000.
Section 3.06. Property to be Included in the District and Property to be
Acquired.
1. The following parcels will be included in the District:
Parcel Numbers
28.030.20.44.0094
28.030.20.41.0063
28.030.20.41.0086
28.030.20.41.0087
28.030.20.41.0084
28.030.20.41.0083
28.030.20.41.0082
28.030.20.41.0081
28.030.20.13.0162
28.030.20.13.0159
28.030.20.13.0145
28.030.20.13.0144
28.030.20.13.0143
28.030.20.14.0010
28.030.20.14.0012
28.030.20.14.0011
28.030.20.14.0033
28.030.20.12.0101
28.030.20.12.0102
28.030.20.11.0014
28.030.20.11.0038
28.030.20.11.0037
28.030.20.11.0015
28.030.20.11.0033
28.030.20.11.0003
28.030.20.14.0071
28.030.20.14.0042
28.030.20.14.0057
28.030.20.41.0098
28.030.20.41.0118
28.030.20.41.0013
.
.
6
.
.
.
28.030.20.41.0043
28.030.20.41.0045
28.030.20.41.0044
28.030.20.41.0115
28.030.20.44.0089
28.030.20.44.0088
27.030.20.33.0001
34.030.20.22.0075
34.030.20.22.0001
34.030.20.24.0002
34.030.20.24.0008
28.030.20.41.0117
28.030.20.42.0107
28.030.20.44.0091
28.030.20.44.0085
28.030.20.44.0025
2.
Property to be Acquired.
(a)
The City expects to acquire the current and abandoned railroad trackage
and supporting land now owned by BNSF (formerly Northern Pacific)
Railway between the north line of east Elm Street and Nelson Street and
the remaining railroad trackage of the Union Pacific Railroad between
Nelson Street and the southern City limits. The City intends to redevelop
this abandoned and under utilized railroad property as a transportation
corridor, including pedestrian walkways, for reconveyance to adjoining
owners for the augmentation of parking areas, for a corridor for public
sewer and water pipes, for construction of a flood wall expected to be built
in conjunction with the Army Corps of Engineers and for the construction
of public parking lots. Acquisition to this property is expected to
complete by 2005, however, public improvements will be constructed over
a period of years and only upon the availability of funds.
Further, a dilapidated building exists on part of this property that was
formerly used to store fertilizer as part of a barge loading facility. This
building contains asbestos and other contaminants and must be
demolished and all pollution cleaned up before redevelopment can occur
on the site.
(b) The City expects to acquire Lots 3 and 4 of Block 18 original Town (now
City) of Stillwater located adjacent to and south of the project described in
Section 2.05(f), the "Mulberry/Second Street Parking Project." The
parcels to be acquired are expected to be integrated with parcels already
owned by the City and developed as one project.
7
Section 3.07. Classification of the District.
The City, in determining the need to create a tax increment financing district in .
accordance with Minn. Stat. SS469.174 to 469.179, as amended, inclusive, find that the district,
to be established, is a redevelopment district pursuant to Minn. Stat. S469.I74, Subd. lO(a)(I) as
defined below:
1. "Redevelopment district" means a type of tax increment financing district
consisting of a project, or portions of a project, within which the authority finds
by resolution that one or more of the following conditions, reasonably distributed
throughout the district, exists:
(a) parcels consisting of 70 percent of the area in the district are occupied by
buildings, streets, utilities, paved or gravel parking lots or other similar
structures and more than 50 percent of the buildings, not including
outbuildings, are structurally substandard to a degree requiring substantial
renovation or clearance; or
(b) the property consists of vacant, unused, underused, inappropriately used,
or infrequently used rail yards, rail storage facilities or excessive or
vacated railroad rights-of-way; or
(c) tank facilities, or property whose immediately previous use was for tank
facilities, as defined in Minn. Stat. SII5C.02, Subd. 15, if the tank facility:
(1)
has or had a capacity of more than one million gallons;
.
(2) is located adjacent to rail facilities; or
(3) has been removed, or is unused, underused, inappropriately used or
infrequently used.
2. For purposes of this subdivision, "structurally substandard" means containing
defects in structural elements or a combination of deficiencies in essential utilities
and facilities, light and ventilation, fire protection including adequate egress,
layout and condition of interior partitions, or similar factors, which defects or
deficiencies are of sufficient total significance to justify substantial renovation or
clearance.
3. A building is not structurally substandard if it is in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code
at a cost of less than 15 percent of the cost of constructing a new structure of the
same square footage and type on the site. The municipality may find that a
building is not disqualified as structurally substandard under the preceding
sentence on the basis of reasonably available evidence, such as the size, type, and
age of the building, the average costs of plumbing, electrical, or structural repairs
or other similar reliable evidence. The municipality may not make such a
.
8
.
determination without an interior inspection of the property, but need not have an
independent, expert appraisal prepared of the cost of repairs and rehabilitation of
the building. An interior inspection of the property in not required, if the
municipality finds that (1) the municipality or authority is unable to gain access to
the property after using its best efforts to obtain permission from the party that
owns or controls the property; and (2) the evidence otherwise supports a
reasonable conclusion that the building is structurally substandard.
4.
A parcel is deemed to be occupied by a structurally substandard building for
purposes of the finding under paragraph (a) if all of the following conditions are
met:
(a) the parcel was occupied by a substandard building within three years of
the filing of the request for certification of the parcel as part of the district
with the county auditor;
(b) the substandard building was demolished or removed by the authority or
the demolition or removal was financed by the authority or was done by a
developer under a development agreement with the authority;
(c) the authority found by resolution before the demolition or removal that the
parcel was occupied by a structurally substandard building and that after
demolition and clearance the authority intended to include the parcel
within a district; and
.
(d)
upon filing the request for certification of the tax capacity of the parcel as
part of a district, the authority notifies the county auditor that the original
tax capacity of the parcel must be adjusted as provided by Minn. Stat.
S469 .177, Subd. 1 (h).
5. For purposes of this subdivision, a parcel is not occupied by buildings, streets,
utilities, paved or gravel parking lots or other similar structures unless 15 percent
of the area of the parcel contains buildings, streets, utilities, paved or gravel
parking lots or other similar structures.
6. For districts consisting of two or more noncontiguous areas, each area must
qualify as a redevelopment district under paragraph (a) to be included in the
district, and the entire area of the district must satisfy paragraph (a).
In meeting the statutory criteria, the City relied on the following facts and findings:
o The District is a redevelopment district consisting of 47 parcels, consisting
of 3 noncontiguous areas.
o An inventory shows that parcels consisting of 70 percent of the area in the
District are occupied by buildings, streets, utilities, paved or gravel
parking lots or other similar structures.
.
9
o
An inspection of the buildings located within the District finds that more
than 50 percent of the buildings are structurally substandard as defined in
the TIF Act.
.
Pursuant to Minn. Stat. 9469.176, Subd. 7, the District does not contain any parcel or part
of a parcel that qualified under the provisions of 9273.111 or 9273.122 or Chapter 473H for
taxes payable in any of the five calendar years before the filing of the request for certification of
the District. Incorporated herein by reference is the report of Bonestroo, Rosene, Anderlik &
Associates, Inc., setting forth the qualifications that the District is a redevelopment district,
pursuantto Minn. Stat 9469.174, Subd. 10(a)(1).
Section 3.07 A.
Creation of Hazardous Substance Subdistrict.
There is hereby created within Tax Increment District No. lOa hazardous substance
subdistrict (the "Hazardous Substance Subdistrict") consisting of Parcel No. 28.030.020.14.0033.
In conjunction with the adoption of this plan, the City has made the following findings:
1. Redevelopment on the site would not reasonably be expected to occur solely
through private investment and the tax increment otherwise available and
therefore the Hazardous Substance Subdistrict is determined necessary. In
making this finding, the Council adopts by reference 93.05, Subd. 1 of the Plan
and the narrative description of the project that states the reasons and the
supporting facts for this finding.
2.
The Council finds that other parcels that are not designated hazardous substance
sites are expected to be developed together with the designated Hazardous
Substance Site.
.
3. The Subdistrict is not larger than, and the period of time during which increments
are elected to be received is not longer than that which, in the opinion of the City,
is necessary to provide for the additional costs due to the designated Hazardous
Substance site. In making this finding the Developer has demonstrated eligible
tax increment costs of $2,473,666 consisting of unreimbursed cleanup costs of
$209,836, soil conservation and stabilizing costs of $915,022, flood protection
and public improvement costs of $311,741 and land acquisition costs of
$1,037,094. Under City policy, however, the Developer is expected to recover
$2,000,000 of tax increment assistance, leaving unreimbursed cleanup costs of
$209,836. It is, therefore, necessary to establish the original net tax capacity of
the parcel at zero value in order to generate tax increment sufficient to reimburse
the Developer for the Hazardous Substance Clean-up costs.
The City does not intend to request the Minnesota Attorney General to bring a civil
action or assist it in bringing a civil action.
.
10
.
.
.
The City shall reimburse the Minnesota Pollution Control Agency for its administrative
expenses incurred to review and approve a development response action plan.
The original net capacity equals (i) the net tax capacity of the parcel, as most recently
determined by the Minnesota Commissioner of Revenue, less (ii) the estimated costs of the
removal actions and remedial actions as specified in a development response action plan to be
undertaken with respect to the parcels, (iii) but not less than zero. The City's estimated net tax
capacity, pending approval of the development response action plan, of the Hazardous Substance
Subdistrict is $-0-. The original net tax capacity of the Hazardous Substance Subdistrict shall be
increased by the amount by which it was reduced as provided above upon certification of the
City that the cost of the removal and remedial actions specified in the development response
action plan, except for long-term monitoring and similar activities, have been paid or
reimbursed.
The additional tax increments from the Hazardous Substance Subdistrict received as a
result of a reduction in original net capacity, or as a result of the extension of the period for
collection of tax increment, shall be used only to payor reimburse the costs of: (1) removal or
remedial actions with respect to hazardous substances or pollutants or contaminants or petroleum
releases affecting or which may affect the designated hazardous substance site; (2) pollution
testing, demolition, and soil computation correction necessitated by the development response
action plan for the designated hazardous substance site; (3) purchase of environmental insurance
or deposits to a guaranty fund, relating only to liability or response costs for land in the
Subdistrict; and (4) related administrative and legal costs, including costs of review and approval
of the development response action plans by the Minnesota Pollution Control Agency and
litigation expenses of the Minnesota Attorney General; all as provided in Minn. Stat. ~469.l76,
Subd. 4( e). The City hereby finds, determines and declares that the above costs include interest
paid on bonded indebtedness, if any, incurred to financing the payment of such costs.
The most recent net tax capacity of taxable real and personal property within the
Hazardous Substance Subdistrict is $3,428.
For the Hazardous Substance Subdistrict, the captured net tax capacity is the amount, if
any, by which the lesser of (1) the original net tax capacity or (2) the current net tax capacity of
the Tax Increment District No. 10 overlying the Hazardous Substance Subdistrict exceeds the
original net tax capacity of the Hazardous Substance Subdistrict.
The estimated duration of the Hazardous Substance Subdistrict is for 25 years through
2029. The Hazardous Substance Subdistrict shall endure as long as is necessary to reimburse the
costs of remediation and removal and other costs noted above. Minn. Stat. ~469.176, Subd. I(e),
provides as follows: tax increment may be paid to the City from the parcels in the Hazardous
Substance Subdistrict for longer than the period otherwise provided for the overlying district. As
applied here, the extended period begins on the receipt of the first tax increment received after
the date of certification of the Hazardous Substance Subdistrict, and is the lesser of: (1) 25 years
from the date of commencement of the extended period (the City not having elected to defer the
receipt of the first increment); or (2) the period necessary to recover the costs of removal actions
or remedial actions specified in a development response action plan.
11
Terms used in this Section 3.07 A shall have meanings set forth in Minn. Stat. 9469.174,
Subd. 17, and by reference in Subd. 18.
.
The City does not with respect to the Hazardous Substance Subdistrict elect to defer the
receipt of tax increments as permitted by Minn. Stat. ~469.175, Subd l(b).
Section 3.08. Duration of the District.
Pursuant to Minn. Stat. S469.175, Subd. I, and Section 469.176, Subd. I, the duration of
the District must be indicated within this Plan. Pursuant to Minn. Stat. S469.176, Subd. lb, the
duration of the District will be 25 years after receipt of the first increment by the City. The date
of receipt by the City of the first tax increment is expected to be 2005. However, there may be
tax increment in 2004 caused by inflation in the market values of the parcels within the District.
Thus, it is estimated that the District, including any modifications of the Plan for subsequent
phases or other changes, would terminate after 2030, or when the Plan is completed. If
increment is received in 2005, the term of the District will be 2030. If increment is received in
2004 the term of the District will be 2029. The City reserves the right to decertify the District
prior to the legally required date.
Section 3.09. Ori~inal Tax Capacity, Tax Rate and Estimated Captured Net Tax
Capacity Valuellncrement and Notification of Prior Planned
Improvements.
Pursuant to Minn. Stat. ~469 .174, Subd. 7 and Minn. Stat. ~469 .177, Subd. 1, the
Original Net Tax Capacity (ONTC) as certified for the District will be based on the market .
values placed on the property by the assessor in 2002 for taxes payable 2003.
Pursuant to Minn. Stat. S469.177, subds. I and 2, the County Auditor must certify in each
year (beginning in the payment year 2003) the amount by which the original value has increased
or decreased as a result of:
1. change in tax exempt status of property;
2. reduction or enlargement of the geographic boundaries ofthe district;
3. change due to adjustments, negotiated or court-ordered abatements;
4. change in the use of the property and classification;
5. change in state law governing class rates; or
6. change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines
below the ONTC, no value will be captured and no tax increment will be payable to the City.
.
12
.
The original local tax rate for the District will be the local tax rate for taxes payable 2003,
assuming the request for certification is made before July 1, 2003. The Original Tax Capacity
and the Original Local Tax Rate for the District appear in the table below.
Pursuant to Minn. Stat. 9469.174, Subd. 4 and Minn. Stat. 9469.177, Subd. 1,2, and 4,
the estimated Captured Net Tax Capacity (CTC) of the District, within Development District
No.1, upon completion of the project, will annually approximate tax increment revenues as
shown in the table below. The City requests 100 percent of the available increase in tax capacity
for repayment of its obligations and current expenditures, beginning in the tax year payable
2003. The Project Tax Capacity (PTC) listed is an estimate of values when the project is
completed.
Projected Estimated Tax Capacity upon Completion (PTC)
Original Estimated Net Tax Capacity (ONTC)
Estimated Captured Tax Capacity (CTC)
Original Local Tax Rate
Estimated Annual Gross Tax Increment (CTC x Local Tax Rate)
Percent Retained by the City
1,503,700
127,550
1,376,150
114.785%
1,579,614
100%
.
Pursuant to Minn. Stat. S469.177, Subd. 4, the City shall, after a due and diligent search,
accompany its required for certification to the County Auditor or its notice of the District
enlargement pursuant to Minn. Stat. S469.175, Subd. 4, with a listing of all properties within the
District or area of enlargement for which building permits have been issued during the eighteen
(18) months immediately preceding approval of the Plan by the municipality pursuant to Minn.
Stat. 9469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the
District by the net tax capacity of improvements for which a building permit was issued.
The City has reviewed the area to be included in the District and determined after
diligent search that the following building permits have been issued during the 18 months
immediately preceding approval of the Plan by the City:
Building
Permit Date Work
Parcel Number Address Numbers Valuation Issued Performed
1. 28.030.20.14.0010 322 N. Main 02-0837 1,800 06/26/02 Remodel
02-1191 8,500 08/15/02 Remodel
02-1261 18,000 08/27/02 Windows
03-0168 5,000 02/28/03 Windows
03-0246 2,500 03/20/03 Remodel
03-0271 5,000 03/25/03 Remodel
2. 28.030.20.14.0033 501 N. Main 02-0887 23,000 07/03/02 Demolition
.
13
02-1873
02-2071
10,000 11/07/02
1,200 12/20/02
Deck
Fireplace
.
Section 3.10. Sources of Revenue/Bonded Indebtedness.
Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and
sidewalks, site preparation costs and other costs outlined in the Uses of Funds will be financed
primarily through the annual collection of tax increments. The City reserves the right to use
other sources of revenue legally applicable to the City and the Plan, including, but not limited to,
special assessments, general property taxes, state aid for road maintenance and construction,
proceeds from the sale of land, other contributions from developers and investment income, to
pay for the estimated public costs.
The City reserves the right to incur bonded indebtedness or other indebtedness as a result
of the Plan. As presently proposed, the projects will be financed by pay-as-you-go notes and
interfund loan/transfers. Additional indebtedness may be required to finance other authorized
activities. The total principal amount of bonded indebtedness or other indebtedness related to the
use of tax increment financing will not exceed a maximum of $17,800,000.00 without a
modification to the Plan pursuant to applicable statutory requirements.
This provision does not obligate the City to incur debt. The City will issue bonds or incur
other debt only upon the determination that such action is in the best interest of the City. The
City may also finance the activities to be undertaken pursuant to the Plan through loans from
funds of the City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs
paid for by a developer. .
The estimated sources of funds for the District are contained in the table below.
REVENUES AND OTHER FINANCING SOURCES (OFSs) BUDGET
AMOUNT
Tax Increment Revenue $37,500,000
Interest on Invested Funds $ 1,000,000
Bond Proceeds $17,800,000
Loan Proceeds $ 1,000,000
Special Assessments $ 1,000,000
SaleslLease Proceeds $ 2,000,000
Loan/ Advance Repayments $ 1,000,000
Grants $ 3,000,000
Interfund Loans $ 2,000,000
TOTAL PROJECT AND FINANCING REVENUES $66,300,000
.
14
Section 3.11. Uses of Funds.
.
Currently under consideration for the District is a proposal to facilitate construction of the
improvements listed in Section 3.03 of the Plan. The City has determined that it will be
necessary to provide assistance to the project for certain costs. The City has studied the
feasibility of the development or redevelopment of property in and around the District. To
facilitate the establishment and development or redevelopment of the District, this Plan
authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The
estimate of public costs and uses of funds associated with the District is outlined in the following
table.
EXPENDITURES AND OTHER FINANCING USES (OFUs)
.
Land/Building Acquisition
Site Improvements/Preparation Costs
Installation of Public Streets
Parking Facilities
Streets and Sidewalks
Public Sewer, Water, Storm Sewer and Pedestrian Ways
Social, Recreational, or Conference Facilities
Interest Reduction Payments
Bond Principal Payments
Bond Interest Payments
Loan Principal Payments
Loan/Note Interest Payments
Administrative Expenses
Interfund Loans/ interest a ents
PROJECT COSTS TOTAL
BUDGET
AMOUNT
$ 5,000,000
$ 4,750,000
$ 3,500,000
$ 6,000,000
$ 2,500,000
$ 2,500,000
$ -0-
$ -0-
$17,800,000
$18,000,000
$ 1,000,000
$ 500,000
$ 2,000,000
$ 3,000,000
$66,300,000
The above budget is organized according to the Office of State Auditor (OSA) reporting
forms.
Estimated costs associated with the District are subject to change among categories
without a modification to this Plan. The cost of all activities to be considered for tax increment
financing will not exceed, without formal modification, the budget above pursuant to the
applicable statutory requirements. Pursuant to Minn. Stat. S469.1763, Subd. 2, no more than 25
percent of the tax increment paid by property within the District will be spent on activities
related to development or redevelopment outside of the District but within the boundaries of
.
15
Development District No.1, (including administrative costs, which are considered to be spent
outside of the District) subject to the limitations as described in this Plan.
.
Section 3.12. State Tax Increment Financin~ Aid (Local Contribution).
Minn. Stat. ~273.1399 (LGAlHACA penalty) was repealed by the 2001 Legislature and
does not apply to the District. If required by future legislation, it is the City's intention to
consider taking the steps necessary to preserve state-paid local government aid.
Section 3.13. Fiscal Disparities Election.
Pursuant to Minn. Stat. ~469.177, Subd. 3, the City may elect one of two methods to
calculate fiscal disparities. If the calculations pursuant to Minn. Stat. ~469.177, Subd. 3, clause
a, (outside the District) are followed, the following method of computation shall apply:
1. The original net tax capacity and the current net tax capacity shall be determined
before the application of the fiscal disparity provisions of Chapter 276A or 473F.
Where the original net tax capacity is equal to or greater than the current net tax
capacity, there is no captured net tax capacity and no tax increment determination.
Where the original net tax capacity is less than the current net tax capacity, the
difference between the original net tax capacity and the current net tax capacity is
the captured net tax capacity. This amount less any portion thereof which the
authority has designated, in its tax increment financing plan, to share with the
local taxing districts is the retained captured net tax capacity of the authority.
2.
The county auditor shall exclude the retained captured net tax capacity of the
authority from the net tax capacity of the local taxing districts in determining
local taxing district tax rates. The local tax rates so determined are to be extended
against the retained captured net tax capacity of the authority as well as the net tax
capacity of the local taxing districts. The tax generated by the extension of the
lesser of (A) the local taxing district tax rates or (B) the original local tax rate to
the retained captured net tax capacity of the authority is the tax increment of the
authority.
.
The City shall submit to the County Auditor at the time of the request for certification
which method of computation of fiscal disparities the City Elected.
The City will choose to calculate fiscal disparities by clause A for the District and the
Hazardous Substance Subdistrict.
Section 3.14. Business Subsidies.
To the extent applicable, the City agrees to comply with Minn. Stat. ~116J.993 to
1 16J.994, which states that a local unit of government granting financial assistance to a business
for economic development or job growth purposes, including tax increment financing, must
establish business subsidy criteria and approve a business subsidy agreement with the business
.
16
.
.
.
receiving the assistance. The City has heretofore established business subsidy criteria, all of
which is on file with the City Administrator.
Section 3.15. County Road Costs.
Pursuant to Minn. Stat. S469.175, Subd. la, the county board may require the City to pay
for all or part of the cost of county road improvements if the proposed development to be
assisted by tax increment will, in the judgment of the county, substantially increase the use of
county roads requiring construction of road improvements or other road costs and if the road
improvements are not scheduled within the next five years under a capital improvement plan or
within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the City
within forty-five days of receipt of this Plan. In the opinion of the City and consultants, the
proposed development outlined in this Plan will have little or no impact upon county roads.
Section 3.16. Estimated Impact on Other Taxing Jurisdictions.
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated
by the Plan would occur without the creation of the District. However, the City has determined
that such development or redevelopment would not occur "but for" tax increment financing and
that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact
of the District is first calculated as if the "but for" test was not met in the Estimated Impact on
Other Taxing Jurisdiction Report page of the Fiscal Analysis attached as Exhibit B.
The same page of the Fiscal Analysis attached as Exhibit B, displays the captured tax
capacity when all construction is completed. The tax rate used for calculations is the final
2002/Pay 2003 rate. The total net capacity for the entities listed above are based on final Pay
2003 figures. The District will be certified under the actual 2002/Pay 2003 rates.
Section 3.17. Supporting Documentation.
Pursuant to Minn. Stat. S469.175, Subd. la, clause 7, the Plan must contain identification
and description of studies and analyses used to make the determination set forth in Minn. Stat.
S469.175, Subd. 3, clause (2) and the findings are required in the resolution approving the TIF
district. A list of reports and studies that support the City's findings is on file at the City.
Section 3.18. Definition of Tax Increment Revenues.
Pursuant to Minn. Stat. S469.174, Subd. 25, tax increment revenues derived from a tax
increment financing district include all of the following potential revenue sources.
1. taxes paid by the captured net tax capacity, but excluding any excess taxes, as
computed under Minn. Stat. S469 .177;
2. the proceeds from the sale or lease of property, tangible or intangible, purchased
by the authority with tax increments;
17
3.
repayments of loans or other advances made by the authority with tax increments;
and
.
4. interest or other investment earnings on or from tax increments.
Section 3.19. Modifications to the District.
In accordance with Minn. Stat. S469.175, Subd. 4, any:
1. reduction or enlargement of the geographic area of Development District No.1 or
the District;
2. increase in amount of bonded indebtedness to be incurred, including a
determination to capitalize interest on debt if that determination was not a part of
the original plan, or to increase or decrease the amount of interest on the debt to
be capitalized;
3. increase in the portion of the captured net tax capacity to be retained by the City;
4. increase in total estimated tax increment expenditures; or
5. designation of additional property to be acquired by the City,
shall be approved upon the notice and after the discussion, public hearing and findings required
for approval of the original Plan.
.
Pursuant to Minn. Stat. 9469.175, Subd. 4(b), the geographic area of the District may be
reduced, but shall not be enlarged after five years following the date of certification of the
original net tax capacity by the county auditor. If a redevelopment district is enlarged, the
reasons and supporting facts for the determination that the addition to the district meets the
criteria of Minn. Stat. S469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented
in writing and retained. The requirements of this paragraph do not apply if (1) the only
modification is elimination of parcel(s) from Development District No.1 or the District; and
(2) (a) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds
the net tax capacity of those parcel(s) in the District's original net tax capacity or (b) the City
agrees that, notwithstanding Minn. Stat. S469 .177, Subd. 1, the original net tax capacity will be
reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District.
The City must notify the County Auditor of any modification that reduces or enlarges the
geographic area of Development District No. I or the District. Modifications to the District in
the form of a budget modification or an expansion of the boundaries will be recorded in the Plan.
Section 3.20. Administrative Expenses.
In accordance with Minn. Stat. S469.l74, Subd. 14, and Minn. Stat. S469.176, Subd. 3,
administrative expenses means all expenditures ofthe City, other than:
.
18
.
.
.
1. amounts paid for the purchase of land;
2.
amounts paid to contractors or others providing materials and services, including
architectural and engineering services, directly connected with the physical
development of the real property in the project;
3. relocation benefits paid to or services provided for persons residing or businesses
located in the project; or
4. amounts used to pay principal or interest on, fund a reserve for, or sell at a
discount bonds issued pursuant to Minn. Stat. 9469.178; or
5. amounts used to pay other financial obligations to the extent those obligations
were used to finance costs described in sections 1 to 3.
For districts for which the request for certification were made before August 1, 1979, or
after June 30, 1982, administrative expenses also include amounts paid for services provided by
bond counsel, fiscal consultants, and planning or economic development consultants. Tax
increment may be used to pay any authorized and documented administrative expenses for the
District up to but not to exceed 10 percent of the total tax increment expenditures authorized by
the Plan or the total tax increment expenditures for Development District No.1, whichever is
less.
Pursuant to Minn. Stat. S469.176, Subd. 4h, tax increments may be used to pay for the
county's actual administrative expenses incurred in connection with the District. The county
may require payment of those expenses by February 15th of the year following the year the
expenses were incurred.
Pursuant to Minn. Stat. S469 .177, Subd. 11, the county treasurer shall deduct an amount
(currently at .37 percent) of any increment distributed to the City and the county treasurer shall
pay the amount deducted to the state treasurer for deposit in the state general fund, to be
appropriated to the State Auditor for the cost of financial reporting of tax increment financing
information and the cost of examining and auditing authorities' use of tax increment financing.
This amount may be adjusted annually by the Commissioner of Revenue.
Section 3.21. Limitation' of Increment.
Pursuant to Minn. Stat. S469.176, Subd. la, no tax increment shall be paid to the City for
the District after three (3) years from the date of certification of the Original Net Tax Capacity
value of the taxable property in the District by the County Auditor, unless within the three (3)
year period:
1. bonds have been issued in aid of the project containing the District pursuant to
Minn. Stat. S469.178, or any other law, except revenue bonds issued pursuant to
Minn. Stat. 9469.152 to 469.165, or
2. the City has acquired property within the District, or
19
3.
The City has constructed or caused to be constructed public improvements within
the District.
.
The bonds must be issued, or the City must acquire property or construct or cause public
improvements to be constructed by approximately May 1, 2005 and report such actions to the
County Auditor.
The tax increment pledged to the payment of bonds and interest thereon may be
discharged and the District may be terminated if sufficient funds have been irrevocably deposited
in the debt service fund or other escrow account held in trust for all outstanding bonds to provide
for the payment of the bonds at maturity or redemption date.
Pursuant to Minn. Stat. ~469.176, Subd. 6:
"if, after four years from the date of certification of the original net
tax capacity of the tax increment financing district pursuant to
Minn. Stat. ~469.177, no demolition, rehabilitation or renovation
of property or other site preparation, including qualified
improvement of a street adjacent to a parcel but not installation of
utility service including sewer or water systems, has been
commenced on a parcel located within a tax increment financing
district by the authority or by the owner of the parcel in accordance
with the tax increment financing plan, no additional tax increment
may be taken from that parcel and the original net tax capacity of
that parcel shall be excluded from the original net tax capacity of
the tax increment financing district. If the authority or the owner
of the parcel subsequently commences demolition, rehabilitation or
renovation or other site preparation on that parcel including
qualified improvement of a street adjacent to that parcel, in
accordance with the tax increment financing plan, the authority
shall certify to the county auditor that the activity has commenced
and the county auditor shall certify the net tax capacity thereof as
most recently certified by the commissioner of revenue and add it
to the original net tax capacity of the tax increment financing
district. The county auditor must enforce the provisions of this
subdivision. The authority must submit to the county auditor
evidence that the required activity has taken place for each parcel
in the district. The evidence for a parcel must be submitted by
December 31 st of the fifth year following the year in which the
parcel was certified as included in the district. For purposes of this
subdivision, qualified improvements of a street are limited to (1)
construction or opening of a new street, (2) relocation of a street,
and (3) substantial reconstruction or rebuilding of an existing
street. "
.
.
20
.
.
.
The City or a property owner must improve parcels within the District by approximately
May 1, 2006 and report such actions to the County Auditor.
Section 3.22. Use of Tax Increment.
The City hereby determined that it will use 100 percent of the captured net tax capacity of
taxable property located in the District for the following purposes:
1. to pay the principal of and interest on bonds issued to finance a project;
2. to finance, or otherwise pay the cost of redevelopment of projects pursuant to
Minn. Stat. SS469.124 to 469.134;
3. to pay for project costs as identified in the budget set forth in the Plan;
4. to finance, or otherwise pay for other purposes as provided in Minn. Stat.
S469.176, Subd. 4;
5. to pay principal and interest on any loans, advances or other payments made to or
on behalf of the City or for the benefit of projects by a developer;
6. to finance or otherwise pay premiums and other costs for insurance or other
security guaranteeing the payment when due of principal and interest on bonds
pursuant to the Plan or pursuant to Minn. Stat. Chapter 462C., Minn. Stat.
SS469.152 through 469.165, and/or Minn. Stat. S469.178; and
7.
to accumulate or maintain a reserve securing the payment when due of the
principal and interest on the tax increment bonds or bonds issued pursuant to
Minn. Stat. Chapter 462C, Minn. Stat. S469.152 through 469.165, and/or Minn.
Stat. S469.178.
8. to repay and retire loans made to the District by the City from other City funds.
These revenues shall not be used to circumvent any levy limitations applicable to the City
nor for other purposes prohibited by Minn. Stat. S469 .17 6, Subd. 4.
Tax increments generated in the District will be paid by Washington County to the City
for the Tax Increment Fund of the District. The City will pay to the developer(s) annually an
amount not to exceed an amount as specified in a developer's agreement to reimburse the costs
of land acquisition, public improvements, demolition and relocation, site preparation, and
administration. Remaining increment funds will be used by City administration (up to 10
percent) and the costs of public improvement activities inside and outside of the District.
Section 3.23. Excess Tax Increments.
Pursuant to Minn. Stat. S469.176, Subd. 2, in any year in which the tax increment
exceeds the amount necessary to pay the costs authorized by the Plan, including the amount
21
necessary to cancel any tax levy as provided in Minn. Stat. S47 5.61, Subd. 3, the City shall use
the excess amount to do any of the following:
1. prepay any outstanding bonds;
.
2. discharge the pledge of tax increment therefore;
3. pay into an escrow account dedicated to the paWlent of such bonds; or
4. return the excess to the County Auditor for redistribution to the respective taxing
jurisdictions in proportion to their local tax rates.
In addition, the City may, subject to the limitations set forth herein, choose to modify the
Plan in order to finance additional public costs in Development District No.1 or the District.
Section 3.24. Requirements for Aqreements with Developer.
The City will review any proposal for private development to determine its conformance
with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate
this effort, the following documents may be requested for review and approval: site plan,
construction, mechanical, and electrical system drawings, landscaping plan, grading and storm
drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the
City to demonstrate the conformance of the development with City plans and ordinances. The
City may also use the Agreements to address other issues related to the development.
Pursuant to Minn. Stat. S469.176, Subd. 5, no more than 25 percent, by acreage, of the .
property to be acquired in the District as set forth in the Plan shall at any time be owned by the
City as a result of acquisition with the proceeds of bonds issued pursuant to Minn. Stat. S469.178
to which tax increments from property acquired is pledged, unless prior to acquisition in excess
of 25 percent of the acreage, the City concluded an agreement for the development or
redevelopment of the property acquired and which provides recourse for the City should the
development or redevelopment not be completed.
Section 3.25. Assessment Aqreements.
Pursuant to Minn. Stat. S469.177, Subd. 8, the City may enter into a written assessment
agreement in recordable form with the developer of property within the District which
establishes a minimum market value of the land and completed improvements for the duration of
the District. the assessment agreement shall be presented to the county assessor who shall
review the plans and specifications for the improvements to be constructed, review the market
value previously assigned to the land upon which the improvements are to be constructed and, so
long as the minimum market value contained in the assessment agreement appears, in the
judgment of the assessor, to be a reasonable estimate, the county assessor shall also certify the
minimum market value agreement.
.
22
Section 3.26. Administration of the District.
.
Administration of the District will be handled by the City Administrator.
Section 3.27. Annual Disclosure Requirements.
Pursuant to Minn. Stat. ~469.175, Subd. 5, 6 and 6a the City must undertake financial
reporting for all tax increment financing districts to the Office of the State Auditor, County
Board, County Auditor and School Board on or before August 1 of each year. Minn. Stat.
~469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of
general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information
required by Minn. Stat. ~469.175, Subd. 5 and Subd. 6, the Office of the State Auditor will direct
the County Auditor to withhold the distribution of tax increment from the District.
Section 3.28. Reasonable Expectations.
.
As required by the TIF Act, in establishing the District, the determination has been made
that the anticipated development would not reasonably be expected to occur solely through
private investment within the reasonably foreseeable future and that the increased market value
of the site that could reasonably be expected to occur without the use of tax increment financing
would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum
duration of the District permitted by the Plan. In making said determination, reliance has been
placed upon written representation made by the developer to such effects and upon City staff
awareness of the feasibility of developing the project site. A comparative analysis of estimated
market values both with and without establishment of the District and the use of tax increments
has been performed as described above. Such analysis is included with the cashflow in
Exhibit B, and indicates that the increase in estimated market value of the proposed development
(less the indicated subtractions) exceeds the estimated market value of the site absent the
establishment of the District and the use of tax increments.
Section 3.29. Other Limitations on the Use of Tax Increment
1. General Limitations. All revenue derived from tax increment shall be used in
accordance with the Plan. The revenues shall be used to finance, or otherwise pay
the cost of redevelopment of the Development District No.1 pursuant to the
Minn. Stat. ~469.090 to 469.1082. Tax increments may not be used to circumvent
existing levy limit law. No tax increment may be used for the acquisition,
construction, renovation, operation, or maintenance of a building to be used
primarily and regularly for conducting the business of a municipality, county,
school district, or any other local unit of government or the state or federal
government. This provision does not prohibit the use of revenues derived from
tax increments for the construction or renovation of a parking structure.
.
23
2.
Pooling Limitations. At least 75 percent of tax increments from the District must
be expended on activities in the District or to pay bonds, or the extent that the
proceeds of the bonds were used to finance activities within said district or to pay,
or secure payment of, debt service on credit enhanced bonds. Not more than 25
percent of said tax increments may be expended, through a development fund or
otherwise, on activities outside of the District except to pay, or secure payment of,
debt service on credit enhanced bonds. For purposes of applying this restriction,
all administrative expenses must be treated as if they were solely for activities
outside of the district.
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived
from the District shall be deemed to have satisfied the 75 percent test set forth in
paragraph (2) above only if the five year rule set forth in Minn. Stat. g469.1763,
Subd. 3, has been satisfied; and beginning with the sixth year following
certification of the District, 75 percent of said tax increments that remain after
expenditures permitted under said five year rule must be used only to pay
previously committed expenditures or credit enhanced bonds as more fully set
forth in Minn. Stat. g469.1763, Subd. 5.
4.
Redevelopment District. At least 90 percent of the revenues derived from tax
increment from a redevelopment district must be used to finance the cost of
correcting conditions that allow designation of redevelopment and renewal and
renovation districts under Minn. Stat. g469.176, Subd. 4j. These costs include,
but are not limited to, acquiring properties containing structurally substandard
buildings or improvements or hazardous substances, pollution, or contaminants,
acquiring adjacent parcels necessary to provide a site of sufficient size to permit
development, demolition, and rehabilitation of structures, clearing of the land, the
removal of hazardous substances or remediation necessary for the development of
the land, and installation of utilities, roads, sidewalks, and parking facilities for
the site. The allocated administrative expenses of the City, including the cost of
preparation of the development action response plan, may be included in the
qualifying costs.
Section 3.30. Summary.
The City of Stillwater is establishing the District to preserve and enhance the tax base,
redevelop substandard areas, and provide employment opportunities in the City. The Tax
Increment Financing Plan for the District was prepared by Magnuson Law Firm, 333 North Main
Street, Suite 202, Stillwater, MN 55082, telephone (651) 439-9464, fax (651)-439-5641.
24
.
.
.
.
.
.
.
EXHIBIT A
MAPS OF
DEVELOPMENT DISTRICT NO.1,
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PARCELS TO BE DELETED AND DEVELOPMENT DISTRICT NO.1,
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. Base - Parcel Information
PIDs 2003 Bldg 2003 Land Total Use TC
28-030-20-440094 2,500 200,000 202,500 3,300
28-030-20-410063 0 119,700 119,700 1,796
28-030-20-410086 16,800 112,600 129,400 Bluffs 0
28-030-20-410087 479,500 186,500 666,000 Bluffs 12,570
28~30-20-410084 0 150,000 150,000 Bluffs 0
28-030-20-410082 193,700 103,900 297,600 Bluffs 5,202
28-030-20-410081 0 54,200 54,200 Bluffs 813
28-030-20-440025 2,200 110,300 112,500 Bluffs 0
28-030~2D-440085 0 2,000 2,000 Bluffs 0
28-030-20-410083 0 3,000 3,000 Bluffs
28~30~20-4201 07 1,793,100 75,000 1,868,100 Bluffs
28-030-20-130162 0 81,300 81,300 Mulberry 1 ,220
28-030-20-130159 0 50,000 50,000 Mulberry 0
28~30-~D-130 145- 125,000 32,500 157,500 2,400
28~30-20:-130 144- 0 32,500 32,500 488
28-030-20-130142- 0 32,500 32,500 488
28~30-20-14001 C... 325,000 332,500 657,500 12,400
28-030-20-140012- 120,000 53,000 173,000 1,730
28-030-20-140011 0 2,500 2,500 38
28-030-20-14003~ 100 266,500 266,600 Lofts 4,582
28-030-20-120101 240,800 826,000 1,066,800 Territorial ()
. 28-030-20-12010:< 0 72,300 72,300 723
28-030-20-110014 100,000 50,000 150,000 0
28-030-20-11003e 78,700 45,000 123,700 1,237
28-030-20:-11003i 85,500 70,000 155,500 1,555
28-030-20-11001 E 0 1,000 1,000 10
28-030-20-11003~" 0 100 100 0
28-030-20-11 OOO~. 0 80,000 80,000 0
28-030-20-140071 0 50,000 50,000 0
28-030-20-14004~ : 0 5,000 5,000 0
28-030-20-41 oom. 0 52,000 52,000 0
28-030-20-41011 {; 0 333,200 333,200 Myrtle 5,914
28~30-20-41001~; 0 100 100 0
28-030-20-41 oo4~; 0 100 100 0
28-030-20-41004!; 0 77,100 77,100 1,157
28-030-2D-41004L. 455,900 425,000 880,900 16,868
28-030-20-41011 !; 0 41,500 41,500 0
28-030-~0-44008~' 0 50,600 50,600 759
28-030-20-44008U 90,000 251,300 341 ,300 6,076
27-030-20-33000' \ 53,300 100 53,400 0
34-030-20-22007! ; 0 1 ,000 1,000 0
34-030-20-22000' I 40,100 1,000 41,100 0
28-030-20-41011~' 1 ~ 0 12,700 12,700 0
28-030-20-44009" ,,~~ 0 20,400 20,400 0
28-030-20-14005-:'; 0 17,500 17,500 263
34-030-20-24000:~ 0 146,800 146,800 2,202
. 34-030-20-24000H 0 10,000 10,000 100
4,202,200 4,640,300 8,842,500 120,445
Prepared by: Sprillgsted Incorporated (4/25/2003)
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Market Value Analysis Report
City of Stillwater, Minnesota
Tax Increment Financing (Redevelopment) District No. 10
Scattered Site Housing Projects
Scenario A - Lofts, Territorial Place, Bluffs, Myrtle, and Mulberry projects
.
Assumptions
Present Value Date 06/01/03
P.V. Rate - Gross T.!. 8.00%
Increase in EMV With TIF District $128,667,500
Less: P.V of Gross Tax Increment 12,909,354
Subtotal $115,758,146
Less: Increase in EMV Without TI F 0
Difference $115,758,146
Annual Present
Gross Tax Value @
Year Increment 8.00%
1 2005 363,587 303,822
2 2006 865,427 669,604
3 2007 977 ,357 700,192
4 2008 1,089,287 722,574
5 2009 1.338,958 822,400
6 2010 1,450,888 825,138
7 2011 1,587,769 836,096
8 2012 1,587,769 774,163
9 2013 1.587,769 716,817
10 2014 1,587,769 663,720
11 2015 1,587,769 614,555
12 2016 1,587,769 569,033
13 2017 1 ,587,769 526.882
14 2018 1,587,769 487,854
15 2019 1,587.769 451,717
16 2020 1,587,769 418,256
17 2021 1,587,769 387,274
18 2022 1,587,769 358,587
19 2023 1,587,769 332,025
20 2024 1,587,769 307,431
21 2025 1,587.769 284,658
22 2026 1,587,769 263,572
23 2027 1.587,769 244,048
24 2028 1,587,769 225,971
25 2029 1,587,769 209,232
26 2030 1,587,769 193,733
$37.840,884 $12,909,354
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Assumptions Report
City of Stillwater, Minnesota
Tax Increment Financing (Hazardous Substance) Subdistrict
Scattered Site Housing Projects
Scenario A - PIO 28-030-20-140033
.
Type of Tax Increnent Financing District
Maximum Ourati01 of TIF District
Hazardous Substance Subdistrict
25 years from 1 st increment
Certification Reql est Date
Decertification Date
06/01/03
12/01/30 (26 Years of Increment)
Base Estimated t.larket Value
PID No. 28-030-2)-140033
Times: First $150,000
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200212003
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1.50%
2.00%
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Assessment/Collection Year
200312004 2004/2005 2005/2006 2006/2007
Base Estimated 1\1arket Value 0 0 0 266,6~
Increase in Estim3.ted Market Value (1) 0 266,600 266,600
Total Estimated "'arket Value $0 $266,600 $266,600 $266,600
Times: Rrst $150,000 1.50% 0 2,250 2,250 2,250
Excess 2.00% 0 2,332 2,332 2,332
Total Net Tax Ca )acity $0 $4,582 $4,582 $4,582
Local Tax Capacity Rate
Fiscal Disparities Contribution From TIF District
Administrative RE-tainage Percent (maximum = 10%)
Pooling Percent
114.785%
0.0000%
10.00%
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2002/2003
Bonds
Bonds Dated
First Interest Date
Underwriters Dis(:ount
06/01/03
02101/04
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Note Dated
Note Rate
06101/03
8.00%
Present Value O<:lte & Rate
06/01/03
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(1) Current value for HSS Subdistrict.
.
Prepared by: Springsted Incorporated (printed on 4/25/2003 at 11 :36 AM) Stillwater TIF HSS (4-25-03}Assumptions
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. Memorandum
.
.
To:
From:
Date:
Subject:
Mayor and City Council
Diane Ward, City Clerk
9/1/2006
Planning Commission Appointment
Staff advertised for the Planning Commission vacancy left by Paul Teske and have received two
applications from Chris Murphy (Ward 1), Lu Shaughnessy (Ward 4) and Daniel Kalmon (Ward 2).
Also attached is the Planning Commission list for your reference
ACTION REQUIRED:
If Council wishes to appoint one of the applicants, Council should pass a motion adopting a
resolution appointing the applicant to the Planning Commission to fill the~xpired term of Paul
Teske, which expires on January 1,2007.
~.
,
"
7/14/07
Dear Mr. Tumblad,
.
I am writing to notify you of my resignation from the Stillwater Planning Commission.
Although I have enjoyed the opportunity to serve on the commission, other personal
commitments will not allow me to serve as a commissioner at this time.
Sig~
Paul Teske
.
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.
.
PLANNING COMMISSION
Members Date appointed Ward Term Expires
Suzanne Block appt'd 10/18/05 W3 01-Jan-07
(unexpired term ofWald)
Paul Teske appt'd 1/16/01 W2 01-Jan-07
re-appt'd 1/04
(Second Term)
Robert Gag appt'd 1/18/00 WI 01-Jan-08
(replaced Thomas Weidner)
re-appt'd 1/02, 04
(Second Full Term)
Mike Dahlquist appt'd 9/16/03,04 W3 01-Jan-08
(unexpired term of Hultman)
Gregg Carlsen appt'd 12/21/04 W2 01-Jan-08
.
Bradley Meinke appt'd 12/20/05 W4 01-Jan-09
David Middleton appt'd 1/4/00 W4 01-Jan-09
re-appt'd 1/7/03,12/05
(Second Term)
David Peroceschi appt'd 8/01 WI 01-Jan-09
re-appt'd 1/7/03,12/05
(Second Term)
David Junker (Council Rep.) appt'd 1/7/03 WI
The pmpose of the Planning commission is to act as the City's planning agency. The Planning Commission is
organized per City Code 22.05. The Commission consists of nine members, one member is a Councilmember, all
appointed by Council. Members serve three (3) year terms. Meeting date is second Monday of the month.
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Rev. 01/06
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MEMORANDUM
TO: Mayor and City Council
~~~.
FROM: Shawn Sanders, Interim City Engineer
DATE: August 25, 2006
RE: Parking on Cottage Drive
DISCUSSION
The City has received a request from the Orleans Terrace Homeowners Association Board of
Directors to review the parking along Cottage Drive. Cottage Drive is located between Orleans
Drive and County Road in the southwestern portion ofthe City. Multi-family homes exist on both
sides ofthe street with the Orleans Terrace Townhomes on the south and west side of Cottage
Drive and the Orleans Homes rental units on the north and east side of the street. By Council
Resolution "No parking" was established on the north and east side of the street. (See attached
map) This was done in 1992 to deter the residents from Orleans Homes from parking on Cottage
Drive. The residents of the townhomes have noticed an increase in cars from Orleans Homes
parking on the west side of the street, in between the driveways of the townhomes, creating
potential sight visibility issues when backing of the driveways. They have asked the City to
reconsider the no parking signs on the east side of Cottage Drive to be switched to the east side of
Cottage Drive.
There are three possible options to consider. First, there are number of driveway entrances on the
west side of Cottage Drive compared to that of the east side, (14 vs. 6). Because of the lesser
amount of driveways on the east side, there is more parking available on the west side if no
parking is switched from one side to the other. Second, Cottage Drive is 36 feet wide and handles
only local traffic. This street width is wide enough to handle two lanes of traffic and two rows of
parking. The drawback is that vehicles may park in between the driveways on the west side, but
more than likely these vehicles may be residents or visitors to the Orleans Terrace Townhomes.
The third option would be leave the parking situation as is.
I have also talked to the Police Chief and the Public Works Superintendent regarding this issue
and they didn't see any problems with either options. During the winter, the city has an odd-even
parking ban, and snow removal would not be an issue.
RECOMMENDATION
Staff recommends that Council consider the request of the Orleans Terrace Homeowners
Association discuss and select from the options presented for parking on Cottage Drive.
ACTION REQUIRED
1. If the "No Parking" requirement on the east side is to remain, no action is required,
2. If the" No Parking" requirement is switched to the west side, Council should pass a
resolution revoking parking on the east side of Cottage Drive and establishing No
Parking"on the west side of Cottage Drive
3. If parking is to be allowed on both sides, Council should pass a resolution revoking
parking on the east side of Cottage Drive
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July 26, 2006
Stillwater City Council
216 No 3rd St
Stillwater, MN 55082
.
RE: Review of Parking on Cottage Dr.
City Council Members:
We, the Orleans Terrace Homeowners Association Board of Directors who live on
Cottage Dr, are very concerned with the dangers caused by the parking situation.
Currently there is no parking on the east side of Cottage Dr. This was instituted before
the Orleans Terrace Townhomes were built. Since that time there has been no review of
the parking situation.
On Cottage'Dr. there are approximately four driveways coming out of the cottages on the
east side. Everyone that rents there has a parking spot in their lots. But, since many
people have 2 cars now, they are parking on the west side ofthe street. They can all
drive out ofthose four driveways forward.
On the west side, OTH side, we have 18 residents, add 12 more for double car garages,
and we have 30 cars backing out onto Cottage Dr.
A comment written by the homeowner nearest the intersection of Orleans and Cottage Dr. .
says "It also appears that we have a lot of cars from the Cottages across the street parking ,
on the street blocking our drives or making it very difficult to pull out of our driveway.
Could we contact the Stillwater Police department and see if we could get some no
parking signs installed before someone is seriously injured or car accidents occur".
One ofthe pictures shows his driveway with vans parked on both sides of his driveway.
He is very close to the intersection and traffic turning north on Cottage cannot be seen.
But with the vans parked there, it makes it necessary for him to back out blind and into
the northbound lane of traffic.
Please review the old resolution and consider moving the no parking signs on Cottage Dr.
from the east side and putting them on the west side of the street to make our street much
safer and easier to access from our Townhomes. Thank: you for your consideration.
Sincerely,
Nancy Eichten, President
'tLfJM-vr 9: tr'~
Mary Tennant, Treasurer
7Jl7~
(j;~9~
Members at Large
.
Mary L Tennant
1502 Cottage Dr.
Stillwater, MN 55082
e
./Y~:fLt (J rI.1-~~r-<-/
4
3
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.. -_ -- -_ _ _. -. __. _
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R22W R21 W RlOW
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120
Scale in Feet
ThisdrawilllJ is the resu~of Ilcom:pi1ation
end reproduclion ofland records a they
appeqr in various Washington Counlyoffices
Tho drawing should be used for rellll'onee
purposes only. Wa~hington~ountylsnot
tespollSibleforanymac<;tlmcteS.
~..:Washington CounlySUlYeyor's Office.
Phone (651)430-6875
Parcel d"tal based on AS400 information
CIlrrenllhJt>Ugh: June 30,2006
Mapprinllld: August 31,2006
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RESOLUTION NO. 92-9
ESTABLISHMENT OF "NO PARKING" ZONE
ON ..AIE Dllln .
\
BE IT RESOLVED. by the City Council of the City of Stillwater. that the East .
side of 1'-11111 aWIII. from Orleans Street to County Road 5. be hereby
designated as a "No Parking Any time II location in the City of Stillwater.
, .
Adopted by Council this 7th day of January, 1992.
ATTEST:
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Memo
DATE:
September 5, 2006
TO:
Mayor and City Council
Sharon Harriso~~
Finance Directo~
Revised Levy
FROM:
RE:
We received word from the County today that one of our debt service levys (specifically GO
Capital Outlay Bonds, Series 2005B) needs to be reduced to $281,109. This is a $101,325
reduction (from what was originally put in your packet) in the debt levy which in turn reduces
the total levy. A new revised levy resolution is attached along with an updated Schedule of2007
Proposed Tax Levy and an updated tax impact worksheet.
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RESOLUTION NO. 2006-
ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2007 .
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum
of $9,569,502 is hereby levied against all of the taxable property of the City of Stillwater,
Washington County, Minnesota, for City purposes for the payable year 2007.
Adopted by the Council this 5th day of September, 2006.
Diane Ward, City Clerk
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ATTEST:
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CITY OF STILLWATER, MINNESOTA
SCHEDULE OF 2007 PROPOSED TAX LEVY
FUND # Current Required Levy
GENERAL TAX LEVY:
100 General Tax Levy
DEBT SERVICE TAX LEVY:
304 G.O. Capital Outlay 2004B
305 G.O. Capital Outlay 2005A
307 G.O. Capital Outlay 2007
315 G.O. Capital Outlay 2005B (Refunding)
316 G.O. Capital Outlay 2006A
320 G.O. Capital Outlay 2003A
321 G.O. Capital Outlay 2005MZ
328 G.O. Capital Outlay 1998B
323 G.O. Capital Outlay 2002A
324 G.O. Capital Outlay 2000C
340 G.O. Improvement Bonds 2004A
385 G.O. Sports Center 2005C
Total Debt Service Tax Levy
TOTAL 2007 PROPOSED TAX LEVY
CANCEL DEBT SERVICE LEVIES FOR:
303 G.O. Capital Outlay 20003HS
314 G.O. Capital Outlay 2004P
381 G.O. Sport Facility Revenue 20000
Notes:
385 G. O. Sports Center 2005C
Original
TIF#4
Rec Center
Result
New levy for 2007 Capital Outlay
102,296
226,354
225,000
281,109
581,587
195,549
115,500
169,358
818,404
115,815
293,805
184,662
$ 34,965
37,852
187,328
360,210
(75,000)
(100,548)
184,662
AMOUNT
$ 6,260,063
$ 3,309,439
$ 9,569,502
Proposed Pay 2007 Property Tax Impact Worksheet
Proposed with Council Cuts
Taxing District: I City of Stillwater
\
STEP 1 - Calculate the Taxing District's Tax Rate:
.
1. Operating Levy
2. Debt Service Levy
3. Certifed Property Tax Levy
4. Fiscal Disparity Portion of Levy
5. Local Portion of Levy
6. Local Taxable Value
7. Local Tax Rate
8. Market Value Referenda Levy
9. Fiscal Disparity Portion of Levy (SDs only)
10. Local Levy
11. Referenda Market Value
12. Market Value Referenda Rate
=
$5,580,145
$3.305.610
$8,885,755
$794,406
$8,091,349
16.452,725
49.179%
$0
$0
$0
o
0.00000%
$9,569,502
,$819,599
$8,749,903
18.308;799
47.791%
+
0.0%
0.0%
0.0%
0.0%
0.0%
=
STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes:
13. Assumes a
3.0%
increase in market value from 2006 to 2007.
.
14. Estimated Tax District rate as % of total rate:
15. 97,100 971 $477.53 $285.01 $145.36 $332.17
16. 145,600 1 ,456 $716.05 $241.36 $123.09 $592.96
17. 242,700 2,427 $1,193.57 $153.97 $78.52 $1,115.05
18. 485,400 4,854 $2,387.15 $0.00 $0.00 $2,387.15
19. 728,200 7,853 $3,862.03 $0.00 $0.00 $3,862.03
(F)- (H)
20.
21. 1,000 $477.91 $282.40 $333.89
22. 1,500 $716.87 $237.40 $595.80
23. 2,500 $1,194.78 $147.40 $1,119.61
24. 5,000 $2,389.55 $0.00 $2,389.55
25. 8,125 $3,883.02 $0.00 $3,883.02
26. 3.0% 3.0% 0.1% -0.9% -0.9% 0.5% $1.72
27. 3.0% 3.0% 0.1% ,1.6% ,1.6% 0.5% $2.84 e
28. 3.0% 3.0% 0.1% --4.3% -4.3% 0.4% $4.56
29. 3.0% 3.0% 0.1% 0.0% 0.0% 0.1% $2.40
30. 3.0% 3.5% 0.5% 0.0% 0.0% 0.5% $20.99
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ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2007
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum
of $9,670,827 is hereby levied against all of the taxable property of the City of Stillwater,
Washington County, Minnesota, for City purposes for the payable year 2007.
Adopted by the Council this 5th day of September, 2006.
Jay L. Kimble, Mayor
ATTEST:
. Diane Ward, City Clerk
.
ADOPTING THE PROPOSED BUDGET FOR THE YEAR 2006
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
proposed budget for the year 2007 with revenues and expenditures in the amounts for
the following funds:
General Fund $
Special Events Fund
St Croix Valley Recreation Center Fund
Library Fund
Parks Fund
Washington County Recycling Grant Fund
DARE Fund
Total $
11,193,691
62,500
1,494,217
1,116,714
910,244
33,378
3,000
14,813,744
Adopted by the Council this 5th day of September, 2006.
Jay L. Kimble, Mayor
ATTEST:
Diane Ward, City Clerk
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SETTING PAYABLE 2007 TRUTH-N-TAXATION PUBLIC HEARING
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
Payable 2007 Truth-n-Taxation hearing shall be at 7:00 p.m., Tuesday, December 5,
2006, and a continuation public hearing, if needed, shall be at 7:00 p.m., Tuesday,
December 112, 2006.
Adopted by the Council this 5th day of September, 2006.
Jay L. Kimble, Mayor
ATTEST:
Diane Ward, City Clerk
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MemorandUlll
From:
Ltl)
Mayor and City Council ~ '
Shawn Sanders, Interim Public Works Director
To:
Date: August 29, 2006
Subject: Bid Opening for the Munkelwitz Park Project (Project 2005-08)
Bid opening for the Munkelwitz Park Project (Project 2005-08) will be at 2 pm on
Tuesday, September 5th, 2006. Results will be presented to City Council at the Tuesday,
September 5, 2006 meeting.
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MEMORANDUM
..
TO:
Mayor and City counCi~
Shawn Sanders, Interim Public Works Director
FROM:
DATE:
September 5, 2006
RE:
Munkelwitz Park Project
Project 2005-08
DISCUSSION:
Bids for the Munkelwitz Park Project were opened on Tuesday, September 05, 2006. The
City received eight bids with the low bid of$138,711.00 submitted by Miller Excavating,
Inc. (See attached resolution). The engineer's estimate for this project was $180,000.00.
RECOMMENDATION
.
I recommend that the City accept the bids submitted for the Munkelwitz Park Project, Project
2005-08 and award the contract to Miller Excavating, Inc. with a low bid of$138,711.00.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting the
Resolution 2006- ACCEPTING BID AND AWARDING CONTRACT FOR
MUNKEL WITZ PARK PROJECT, PROJECT 2005-08
.
ACCEPTING BID AND AWARDING CONTRACT FOR
MUNKELWITZPARKPROJECT
(Project 2005-08)
.
WHEREAS, pursuant to an advertisement for bids for the Munkelwitz Park Project, bids were
received, opened and tabulated according to law, and the following bids were received complying with
the advertisement;
BIDDER
BID AMOUNT
Miller Excavating, Inc., Stillwater, Minnesota
$138,711.00
Jay Bros., Inc., Forest Lake, Minnesota
$160,617.10
$166,106.95
Pember Companies, Inc., Menomonie, Wisconsin
Tower Asphalt, Inc., Lakeland, Minnesota
$185,873.15
Do-Right Construction, Foley, Minnesota
$198,852.50
Fitol-Hintz Construction, Inc., St. Paul, Minnesota
$214,418.64
Sumam Construction, Inc., Corcoran, Minnesota
$219,629.55
W.B. Miller, Inc., Elk River, Minnesota
$283,152.85
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ENGINEER'S ESTIMATE
$180,000.00
and
WHEREAS, it appears that Miller Excavating Inc. of Stillwater, Minnesota is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Miller
Excavating, Inc. of Stillwater, Minnesota in the name of the City of Stillwater for the work done
on Munkelwitz Park according to the plans and specifications therefore approved by the City
Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits
made with their bids, except the deposits of the successful bidder and the next lowest bidder shall
be retained until a contract has been signed.
Adopted by the City Council this 5th day of September 2006.
Jay L. Kimble, Mayor
.
ATTEST:
Diane F. Ward, City Clerk
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Helping youth
and families
STILLWATER
Historic Court House
101 W. Pine Street
Stillwater, MN 55082
Phone 651-439-8800
Fax 651-439-1040
WOODBURY I
1976 Wooddale Drive
Suite 4
Woodbury, MN 55125
Phone 651-735-9534
Fax 651-735-8986
. CO'ITAGE GROVE
7 . Point Douglas Rd.
Suite 201
Cottage Grove, MN 55016
Phone 651-458-5224
Fax 651-458-5310
HUDSON
Community Services Building
911 4th Street
Hudson, WI 54016
Phone 715-781-0409
Fax 651-735-8986
Youth
Service
Bureau
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35,000
August 18, 2006
The Honorable Jay Kimble, Mayor
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor Kimble and Council:
The support we receive from the City of Stillwater has made it possible for the
Youth Service Bureau (YSB) to continue to pursue and refine effective
interventions for at-risk youth and families that are early and community based.
The partnerships we enjoy with the communities we serve along with local law
enforcement, schools and the courts have supported the work of the YSB in
meeting the changing needs of youth and their families since 1978. We are
asking that you continue this partnership in 2007 by contributing $36,750 in
support of our over-all program budget of $1 ,024,000.
SEP 0 52006
~
Zoo"l C~
Last year more than 2,300 youth and their parents participated in YSB programs.
Over the past five years, well over 9,000 youth and their parents were served
and 85% of these participants did not get re-involved in the juvenile justice
system six months after completing a program.
Research and experience demonstrate the social return on investment that early
intervention and prevention provide. These services are more important today
than ever before and underscore the problems and expense associated with
treating juveniles after they have entered the juvenile justice system. Although
we are continually improving our services, our core programs will remain
community diversion services intended to give law enforcement quick access to
programs for minor juvenile offenders who would otherwise be petitioned to
court. Community based and immediately available, they provide a response
that is swift and effective. We will continue to provide specialized mental health
services that help young people and their families realize their strengths, find
worthwhile ways to resolve problems and go forward.
On behalf of our Board of Directors, thank you for your consideration and support
in finding local solutions that are affordable, accessible and effective. I would
welcome an opportunity to appear before the council to discuss our request in
more detail.
.
C: Larry Hanson, City Administrator
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August 2006
I:-~I
Members of the City Council
and Planning Commission
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
RE: Elephant Walk Bed & Breakfast
PARKING. PARKING. PARKING
Back when Jon and Rita Graybill stood in front of the City Council applying for a Bed
and Breakfast license they promised our neighborhood that they would only rent out 3
sleeping rooms, that they would not park guest or family cars on the street, that noise
would be kept to a minimum and we would hardly know they were operating an Inn.
With some reluctance I voted yes. Oh if I could redo that decision.
The parking of guest cars and family cars on the street has always been a problem, but
this summer it has become unbearably annoying. Three, four, sometimes five vehicles
parked out there - all night and into the next day, day after day. Weekends are the
worst. It's a constant line of cars. I'm tired of the commercialization of our
neighborhood, the guest traffic, the signage, the delivery trucks, the lights, etc.
Please do something and put a stop to all this. I have lived here almost my entire adult
life and have patiently coped with all the problems this Bed and Breakfast has brought
to our neighborhood and I am now running out of patience.
Thank you,
A Pine Street Resident
RECEIVED
AUG - 8 2006
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Protecting, maintaining and improving the health of all Minnesotans
.
August24,2006
Stillwater City Council
c/o Ms. Diane Ward, Clerk
Stillwater City Hall
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Council Members:
SUBJECT: Haloacetic Acids (HAA5) and Trihalomethane (THM) Results, Stillwater, Washington
County, PWSID 1820024
Enclosed are the most current HAA5 and THM analysis conducted on water samples collected from
your public drinking water supply. HAA5s and THMs are regulated contaminants formed in treated
waters by the disinfection process. By rule (Minnesota Rules, Chapter 4720), community water
supplies that add a disinfectant as part of the drinking water treatment process, are required to
monitor HAA5s and THMs.
The Minnesota Department of Health (MDH) has analyzed water samples for HAA5s and THMs for ·
the previous quarter(s). The sample results are within acceptable limits. The results are tabulated
below:
Sampling Site: Distribution System
Contaminant: Haloacetic Acids
MCL: 60.4 Jlg/l
Date Collected
07/25/2006
Results Units
Not Detected Jlg/l
Sample#
200621473
Contaminant: Total Trihalomethanes
MCL: 80.4 Jlg/l
Date Collected
07/25/2006
Results
2.20
Units
Jlg/l
Sample#
200621473
General Information: (651) 201-5000 . TDD/T1Y: (651) 201-5797 . Minnesota Relay Service: (800) 627-3529 . www.health.state.m.
For directions to any of the MDH locations, call (651)201-5000 . An equal opportunity employer
- J
Stillwater City Council
PWSID 1820024
-2-
August 24, 2006
.A sampling kit will be sent to you prior to your next scheduled sampling date. It is required that you
collect HAA5 and THM samples and submit them to the MDH Laboratory for analysis. The results will
be reported to you as soon as they become available.
This report should be placed in your records and a copy maintained on or near the water supply
premises and available for public inspection for not less than ten (10) years. If you have any
questions, please contact Pauline Wuoti at 651/201-4674.
Sincerely,
Richard D. Clark, P.E.
Supervisor of Community Public Water Supply Unit
Environmental Health Division
P.O. Box 64975
St. Paul, Minnesota 55164-0975
RDC:PAW
Enclosure
cc: Water Superintendent
. Chad M. Kolstad, MDH St. Paul District Office
.
Minnesota Department Of Health - Environmental Laboratory
Final Report - Client Copy - Report Of Analytical Results
7- / 0- 07 ,
, ~
Program: HC
Program Name: COMM WATER SUPPLIES (SAN.)
Date Received:
Date Generated:
Request Page:
25-JUL-2006
01-AUG-2006
1 of 1
.
I Samples:
200621473 - 2006214731
Date Reported: 01-AUG-2006
PWS No
1820024
Site ID
1820024
Facility Name
STILLWATER
City
STILLWATER
Orig Samp
~ollp~t nt ~oll ~imp
25-JUL-2006
Call ID
Collp~t:or Nrlmp
ANDY STRAWS
Field Blank
Trip Blank
QTR Field Res
P04 Res
Type
B
~ample No:
2006214731 Receiving Comments:
Field No
Sampling Point
DISTRIBUTION SYSTEM-3325 BOUTWELL RD
LocID
DOl
****************************** SAMPLE RESULTS ******************************
Unit:
ORGANIC CHEMISTRY
Reviewed By PDS on 01-AUG-06
Note: positive Organic Results are indicated by BOLD.
Result
Codes
Result
Rept Level Units
411 Haloacetic Acids, ICR
Dibromoacetic Acid < 0.5 0.5 ug/L
\) Dichloroacetic Acid < 1.5 1.5 ug/L
tJ' Monobromoacetic Acid < 1.0 1.0 ug/L
Monochloroacetic Acid < 1.5 1.5 Ug/L
Trichloroacetic Acid < 0.5 0.5 ug/L
464 THMs in Water
Bromodichloramethane 0.8 0.2 ug!L
rv Bromoform < 0.5 0.5 ug/L
'V' Chlorodibromomethane 0.9 0.5 ug!L
Chloroform 0.5 0.1. ug!L
Group 280081
Sample Page
Analysis Date
27-JUL-06
27-JUL-06
27-JUL-06
27-JUL-06
27-JUL-06
27-JUL-06 07:59
27-JUL-06 07:59
27-JUL-06 07:59
27-JUL-06 07:59
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Summary of Proceedings
Washington County Board of Commissioners
August 15, 2006
. Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel,
District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair
Pulkrabek presided.
Assessment. Taxpayer Services and Elections
Approval of the following actions:
Two day temporary on-sale liquor license for the Scandia Softball Association on September 8
and 9, 2006;
Resolution No. 2006-111, consent to inclusion of inserts in notice of proposed property tax
statements (Truth-in- Taxation Notices).
Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
Commissioner Hegberg: He attended the National Association of Counties Conference last
week and updated the Board on sessions he attended;
Commissioner Stafford: Cable show County Insight taped a segment on public health; and he
will meet with staff working on the referendum for open space tomorrow;
Commissioner Peterson was elected chair of the AMC Transportation Committee.
.
Community Services
Approval for the Washington County Community Services/Resource and Referral Program to amend
the grant contract to receive $2,956 for SFY 2007.
General Administration
Approval of the following actions:
July 18, 25, August 1, and 8, 2006 Board meeting minutes;
Contract with John Kaul, d.b.a. Capitol Gains, for legislative liaison services;
Resolution No. 2006-110, recognition of Mike Zurbey upon his retirement as the City of Cottage
Grove's Chief of Police;
Appointment of Commissioners Stafford and Kriesel to the Primary and General Election
Canvass Boards;
Board correspondence was received and placed on file;
Board 2007 budget workshop held with Transportation and Physical Development, Library and
Internal Services (Administration, Financial Services, Human Resources & Information
Technology).
Human Resources
.
Approval to amend Sections 1,9, 12, 15, 16, 17, 19, and 22 of the County's Personnel Rules and
Regulations.
Information Technolo2V
Approval to renew the iSeries maintenance agreement for support iSeries maintenance for 2006-
2007 with IBM Premier business Partner, Pinnacle Business Systems.
Public Health and Environment
Approval of license for collection of household hazardous waste in Forest Lake and authorize
execution by the Board Chair and County Administrator.
Transportation and Physical Development
Approval of the following actions:
Bid award for seasonal materials: Aggregate Industries, sand; Bryan Rock Produces, aggregate
limerock; T.A. Schifsky and Commercial Asphalt, plant mixed bituminous; and T.A. Schifsky,
plant mixed bituminous inplace;
Amendments to construction manager contracts with Kraus Anderson construction Company for
the South Service Center and North Service Center/Library Construction Management.
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.
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Summary of Proceedings
Washington County Board of Commissioners
August 22, 2006
. Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Myra Peterson,
District 4; and Dick Stafford, District 5. Commissioner Bill Pulkrabek, District 2, absent. Board
Vice Chair Kriesel presided.
Assessment, Taxpayer Services and Elections
Approval of Resolution No. 2006-115, subdivision of Parcel 17 .028.21.44.0088, City ofW oodbury.
""
Commissioner Reports - Comments - Questions
Commissioner Peterson distributed "Transportation Facts in Minnesota", which answers questions
regarding the transportation amendment that will be on the ballot this fall, to the other Board
members.
Community Services
Approval to reappoint the following individuals to the Workforce Investment Board to two year
terms ending June 30, 2008: Bert Harris, Small Business; Cherylee Sherry, Small Business; Patty
Venburg, Small Business; and, James Finley, Job Services.
General Administration
. Approval of the following actions:
Reappoint Dennis Larson to the Comfort Lake-Forest Lake Watershed District Board of
Managers to a three-year term expiring September 22,2009;
No Board meeting August 29, fifth Tuesday;
Board correspondence was received and placed on file;
Board workshop to hear 2007 budget requests from Community Services and Public Health and
Environment.
Public Health and Environment
Approval of the following actions:
Recycling grant agreements with the Cities of Woodbury, Stillwater, and Mahtomedi for
distribution of curbside recycling funds;
Resolution No. 2006-117, authorize execution of agreement with Resource Recovery
Technologies.
Rel!ional Railroad Authority
Approval of the following actions:
July 26, 2005 Regional Railroad Authority minutes;
Resolution No. RRA-2006-01, execute the revised Rush Line Corridor Joint Powers Agreement;
Update on Twin Cities transitway corridors.
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Transportation and Physical Development
Approval of the following actions:
Change Order #1 to MG McGrath, Inc. contract for upgrade of metal shingles, composite wall .
panels, all associated flashing and trim for the North Service Center/Library in Forest Lake; .
Resolution No. 2006-112, contract award for Cottage Grove Ravine Regional Park Master Plan
amendment to Brauer and Associates, Ltd.
Resolution No. 2006-113, execution of Minnesota Department of Transportation grant
agreement for Rush Line Corridor Federal Funds in the Amount of$761,312;
Resolution No. 2006-114, execution of Metropolitan Council grant agreement for Rush Line
Corridor state bonding funds in the amount of $190,328;
Amendment #2 to the Short, Elliott, Hendrickson, Inc. contract for additional design services for
the CSAH 18 reconstruction project in Lakeland and Lakeland Shores;
Authorize Parks staff to utilize fund balance from the Acquisition and Development fund to
solicit proposals for the design of Phase I improvements at Big Marine Park Reserve;
Resolution No. 2006-116, declaring the official intent of Washington County to reimburse
certain expenditures from the proceeds oftax-exempt bonds to be issued by the county.
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.
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I:'~I
THE BiR1HPlAGt Of MINNES01A ')
Memo
Community Development Department
To:
City Council
Michel Pogge, City Planner fJ1.1'f
Friday, September 01, 2006
Stillwater Mills on Main Lighting Complaints
From:
Date:
Re:
Message:
The City has received a number of complaints regarding lighting levels at the Stillwater
Mills on Main project. Staff conducted a site visit on August 29, 2006. During this site
visit staff found that number, type and location of the light fixtures on the site were
consistent the approved site plan; however, a number of the light fixtures contain 150
watt lights were the HPC has approved only 70 watt lights. Staff discussed this issue
with the contractor and architect.
As an intermediate step starting the night of Thursday, August 31 all of the lights that
contained 150 watt lights and that were directed toward North Second Street have been
disconnected. On Wednesday, September 6 the lighting contractor and staff will meet
on site to review and measure all of the light levels. Modifications to the fixtures that
contain 150 watt bulbs will be made to reduce the lights to the required 70 watt bulbs.
If the lights are still too intense the issue will be review by the HPC for additional
modifications.
From the desk of...
Michel Pogge, AICP . City Planner . City of Stillwater '216 N. 4th Street 'Stillwater, MN 55082
651.430-8822 . Fax: 651.430-8810 . email: mpogge@ci.stillwater.mn.us
";
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Memo
Community Development Department
To:
From:
City Council
Michel Pogge, City Planner I"YId'F
Friday, September 01, 2006
Teddy Bear Park Noise Complaints
Date:
Re:
Message:
With the continued complaints received concerning noise at Teddy Bear Park the Parks
Board reviewed the situation and made a recommendation on correcting the situation.
On August 28 the Park Board review the neighborhood complaints, a noise study on the
whistle and bell completed by the Police Department, and possible modifications for
both the bell and whistle suggested by ThemeScapes.
.
Mr. Buggert was also present and addressed the Board. He said that he liked seeing the
kids at the park but simply wanted the noise pollution to stop. When asked if the
problem was with the belt whistle, or both Mr. Buggert said the since the bell was
replaced it has not been a problem and he is only concerned with the whistle at this
time. The board discussed the issue along with the cost associated with modifying the
whistle. The Board voted 6-0 to proceed with modifying the whistle.
Staff has contacted ThemeScapes and requested that they proceed with the
modifications to the train whistle. ThemeScapes is planning to remove the whistle early
next week in order for them to take it to their shop for modification. It should take
around three weeks for them to complete the work and reinstall the whistle. Staff will
continue to review the issue once the work in completed.
From the desk of...
.
Michel Pogge, AICP . City Planner . City of Stillwater '216 N. 4th Street . Stillwater, MN 55082
651.430-8822 . Fax: 651.430-8810 'email: mpogge@cLstillwater.mn.us
.
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Memo
Community Development Department
To:
City Council
Michel Pogge, City Planner rn~r
Friday, September 01, 2006
Zirbes Fence Request
From:
Date:
Re:
Message:
Jeremy and Jane Zirbes of 2544 Bayberry Ave in the Croixwood Development recently
submitted a request asking to build a six foot tall" sound barrier fence" on city park
property between their property and County Road 12. The request was made in part
due to topography changes between their property and the road. The Zirbes' would
need to build an eight foot tall fence on their property to have the same effect as a six
foot tall fence on the park property. Due to the City's Charter requirements granting
permission for private use of city park land is a complicated process that is generally
not supported by staff for requests of this nature.
I discussed the issue with Mr. Zirbes and offered alternatives for him to consider
including adding additional landscaping between his property and the road and the
possibility that he could request a variance to the fence regulations. At this time I
believe that Mr. Zirbes is preparing a variance request for the Planning Commission's
October meeting.
Attached please find a copy of the Zirbes letter addressed to the City Council for your
information.
From the desk of...
Michel Pogge, AICP . City Planner . City of Stillwater .216 N. 4th Street . Stillwater, MN 55082
651.430-8822 . Fax: 651.430-8810 'email: mpogge@ci.stillwater.mn.us
August 10, 2006
Bill Turnblad
Stillwater City Hall
216 N. 4th St
Stillwater, MN 55082
FYI
.
Dear Stillwater City Council:
We are writing to ask permission to build a sound barrier fence along our backyard, on
what is currently marked as unused city park property.
We have included pictures of the property and have indicated the proposed fence
location. As you can see from the overhead view of our property lot (0006 in yellow
numbers), our back yard is very close to the increasingly busy County Road 12.
Over the last year, we have noticed an alarming increase in the amount of traffic and
noise along the road, especially from loud vehicles like motorcycles and trucks. The
noise level is taking away from the quality of life we were looking for in Stillwater when
we moved here. We are unable to enjoy peaceful time in our backyard and often times
have to move inside and close our windows because of the increased traffic. As of lately,
the noise from the road has been interrupting naptime for our toddler.
Because of this increase in traffic and noise, we would like to propose building a standard
six-foot noise barrier fence to help deter the problem. The fence would rest at the top of
the hill, just behind the row of trees you see in the pictures. This land is not being used .
and we do not feel that it would interfere with the park property or the exercise path in
any way.
The contours of our property and the parkland in between County Road 12 and our
property line make it necessary to build the fence just beyond our lot to the north to have
any effect. The end of our property line is about halfway up a small hill. Roughly 10 feet
beyond the north border of our lot is the top of this hill, which then dips down into the
County Road 12 ditch. If we were to build the fence where our property line currently
sits, the top of it would barely rise over the top of the small hill behind it, negating the
desired effect. This sliver of land that belongs to Northland Park is unused and would not
affect the usability of the property.
If we were able to build the six foot fence at the apex of the hill on Northland Park
property (the 138' that define our northern lot border) it would not harm any of the
existing trees on the land, and I believe would help immensely in deflecting the vehicle
noise from polluting our household. The white line reflects where we'd prefer to place
the noise barrier.
Of course, if in the future there were changes made to the park property that would
require use of this land, we would be more than willing to take the fence down.
.
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Please consider our request to improve our quality of life at no expense to the city.
Thank you.
SinCerelY't)l.JII~
~ i~ 01>
Yerem/ & Jane Zirbes
Stillwater, MN 55082
~r7P :51A~
Enclosures: Pictures of our property indicating proposed fence placement, as well as an
aerial view.
1.
9:00
2.
9:00
3.
9:10
9:10
4.
5.
9:15
6.
9:20
7.
9:30
8.
10:00
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10:10
10.
11. 10:25
12. 10:30
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11:45
13. 11:45
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12:15
Washington
~ ;:County
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Dennis C. Hegberg
District 1
Bill Pulkrabek, Chair
District 2
Gary Kriesel, Vice Chair
District 3
Myra Peterson
District 4
BOARD AGENDA
SEPTEMBER 5,2006 - 9:00 A.M.
R.H. Stafford
District 5
Roll Call
Pledge of Allegiance
Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or
not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give
it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and
address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the
right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part
of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items.
Consent Calendar
Assessment, Taxpayer Services and Elections - Kevin Corbid, Director
Rename the Department of Assessment, Taxpayer Services and Elections/Recorder
Community Corrections - Chris Bray, Deputy Director
Proclaim September 9,2006 as Fetal Alcohol Syndrome Awareness Day
Public Health and Environment - Cindy Weckwerth, Program Manager
Comments on Ramsey/W ashington and South Washington Watershed Management Plans
Transportation and Physical Development
A. Environmental Assessment for CSAH 13 Reconstruction Project- Cory Slagle, Engineer
B. EA Won Veteran's Rest Camp - Ann Pung-Terwedo, Sf. Planner
General Administration - Jim Schug, County Administrator
County Policy for Cost Participation for the 800 MHz Radio System
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters
of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during
this time. Any action necessary because of discussion will be scheduled for a future board meeting.
Board Correspondence
Adjourn
2007 Budget Workshop
County Sheriff
County Attorney
Community Corrections
Court Administration
Decision Points
Board Workshop with Office of Administration
Update on Open Space Referendum Activities
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***MEETING NOTICES LISTED ON BACK***
Assistive listening devices are available for use in the County Board Room
If ou need assistance due to disabilit or Ian ua e barrier lease call 651 430-6000
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
SEPTEMBER 5, 2006
~e following items are presented for Board approval/adoption:
~EPARTMENT/AGENCY ITEM
Administration
A. Approval of the August 15 and 22, 2006 Board meeting minutes.
B. Approval of agreement between the State of Minnesota Tenth Judicial District and
Washington County to provide a means of state reimbursement for direct payments made
by the county as required by statute as part of the transfer of court administration
functions from the county to the state.
Assessment, Taxpayer Services
and Elections
C. Approval of resolution setting aside a portion of the annual distribution of the
net revenue ofthe county's tax forfeited sale fund for the acquisition and maintenance of
county parks or recreational areas.
Community Services
D. Approval of resolution withdrawing from the Local Collaborative Time Study contract
with the Department of Human Services effective July 1, 2006.
E. Approval to accept the 2006 Operational Improvement Grant in the amount of $5,600
with the Minnesota Department of Veterans Affairs.
Financial Services
F. Approval to create a new policy for journal entry authorization.
G. Approval to revise Policy No. 2502, Receipt of Funds.
Library
H. Approval to use up to $28,000 of the Library fund balance in 2006 to purchase three new
self-checkout machines for the R.H. Stafford Library.
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I. Approval of the closure of the Newport Library during the week of September 18,2006
for improvements and repairs.
Transportation and Physical
Development
J. Approval and execution of Amendment No.3 to cooperative agreement with the City of
Forest Lake for additional engineering services for the CSAH 2 reconstruction project.
K. Approval of resolution, authorizing execution of Minnesota Department of
Transportation Agency Agreement No. 90052 for Federal Aid participation for
countywide chevron and guardrail purchase and installation.
L. Approval of resolution authorizing participation in and execution of application for State
DNR funding for maintenance of county ski trails within the county parks system and
execution of the Trail Assistance Grant Agreement through the Minnesota Trail
Assistance program.
M. Approval of resolution, agreement with the Wisconsin Central, LID and the
Commissioner of Transportation, State of Minnesota, for the installation and
maintenance of railroad crossing signals with gates and circuitry at the intersection of
Otchipwe A venue (CSAH 11) with the tracks ofthe Wisconsin Central, L TD in May and
Stillwater Townships.
* 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.
*******************************************************************************************
MEETING NOTICES
Iile
~tember 6
September 6
September 6
September 7
Committee
Time
Location
Metro Transitways Development Board
Plat Commission
Metro ESB Executive Committee
Metropolitan Energy Task Force
8:30 a.m.
9:30 a.m.
10:30 a.m.
1:00 p.m.
125 Charles Avenue - St. Paul
Washington County Govemment Center
2099 University Avenue West - St. Paul
125 Charles Avenue - St. Paul
U~/L~/LUUD Ll.J~
uJJ.......):J....(u...J
Chair Hiniler
September
September
September
September
Septernba'
September
September
Chair Hioiker
October
October
October
October
Chair Jobnsoll
November
November
November
November
November
Chair Johnson
December
December
December
Stillwater Township
Calendar
6 Election Judge Training, Test Ballet Counter
7 Planning Commission
11 Park Conunittee
12 Primary Election
12 Filing Ends
14 Town Board Meeting
28 Town Board Meeting
5 Planning COmmission
Park Conunittee (date to be determined)
12 Town Board Meeting
26 Town Board Meeting
! ........_il.- v... I v.l.
7:00 PM
7:00 PM
7:00 PM
7:00 AM - 8:00 PM
5:00 PM
7:00 PM
7:00 PM
7:00PM
7:00 PM
7:00 PM
7:00 PM
2 Planning Commission 7:00 PM
7 Election Day 7:00 AM - 8:00 PM
9 Town Board Meeting and Canvas of Election 7:00 PM
13 Park Committee 7:00 PM
23 Thanksgiving Holiday 7:00 PM
7 Planning Commission
1 J Park Committee
14 Town Board Meeting
7:00 PM
7:00 PM
7;00 PM
Town Board Supervisors may attend any or all of the above meetings.
All meetings are herd in the town hair unless otherwise specified.
Pat BantU
Clerk, Stillwater Township
August 28, 2006
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. August 24, 2006
STILLWATER TOWN BOARD MEETING
Town Hall
7:00 P.M.
PRESENT: Chairperson Jim Doriott, Supervisors Jim Hiniker, Sheila-Marie
Untiedt and Linda Countryman. Also, Treasurer Gloria Sell,
Engineer Paul Pearson and Planner Berry Farrington.
1. AGENDA - M/S/P Hiniker/Untiedt moved to adopt the agenda as amended.
(4 ayes)
2. MINUTES - M/S/P Hiniker/Untiedt moved to approve the 8/10/06 town board
meeting minutes with this correction: Item 7 "moved to initiate action to revoke the
Johnson C.U.P." (4 ayes)
Pete Crum stopped by briefly to discuss his candidacy for the sheriff position.
3. TREASURER-
a. Claims were reviewed and checks #17846 - #17852 were approved for
payment.
b. Escrows owing for Bluffs On St. Croix Subdivision, Otchipwe Trails Subdivision,
. Pat Johnson C.U.P., Keenan Minor Subdivision, and the Peterson Variance will
be forwarded to the attorney for collection. Weber C.U.P. fees in the amount
of $103.70 will be billed by the treasurer.
c. Eide Bailly Company will be hired to do a required audit early in 2007.
d. The treasurer questioned over-budgeted items in 2006'such as snowplowing
and in future updating the comprehensive plan. These items and others will
be discussed at the budget meeting this fall. Date to be determined.
4. PLANNER-
a. Henton Variance Request - M/S/P Hiniker/Untiedt moved to set a variance
hearing for 7: 15 p.m. on September 14, 2006 for the Hentons who are asking
for two driveways on their property that are closer to each other than permitted
in the Zoning Or9inance providing their information is complete. (4 ayes)
(No information for this hearing has been forthcoming so far.)
b. There was general discussion about the park plan and comprehensive plan.
(Cost of doing these plans to be discussed at the budget meeting.)
c. Planner Farrington mentioned the possibility of a R.F.P. being submitted by
TKDA to help the City Of Stillwater with their comprehensive plan.
5. ENGINEER-
a. The Arcola Trail paving bid will be let on the 14th of September. The engineer
. suggested that the per unit assessment could be increased if the current
developer backs out.
Stillwater Town Board Meeting - 8/24/06
Page Two
6. LASSONDE KENNEL UCENSE RENEWAL - M/S/P Untiedt/Hiniker moved to
approve the renewal of Brian and Julie Lassonde's residential kennel license for the .
2006-2008 dog license period. (4 ayes)
7. SATELliTE RENTAL - Due to complaints, another satellite unit will be placed in
the parking lot acro~s from the town hall until the end of October.
8. COpy FEES - The clerk's time and 10 cents a page is the going rate for research
and copies.
9. PAT JOHNSON HEARING - The town board will consider revocation of Mr. Johnson's
C.U.P. at 7:00 p.m. before the September 14, 2006 board meeting.
10. ADJOURNMENT - Meeting adjourned at 8:35 p.m.
Clerk
Chairperson
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Approved
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