HomeMy WebLinkAbout1999-11-02 CC Packet
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REVISED AGENDA **
CITY OF STll..LW ATER
CITY COUNCll.. MEETING NO. 99-24
Council Chambers, 216 North Fourth Street
November 2, 1999
NOTE CHANGE OF TIME
Scllool District 834 is IIolding all election on November 2, 1999. Minnesota Statutes 204C03 prollibits public meetings
from being IIeldfrom 6 p.m. to 8 p.m. on tile day tllat an election is field witllin tile boundaries of tile scllool district,
county, or town.
REGULAR MEETING
RECESSED MEETING
4:30 P.M.
8:00 P.M
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES October 19, 1999, Regular Meeting and Executive Session
PETITIONS. INDIVIDUALS. DELEGA nONS & COMMENDA nONS
1. Paul Anderson, Lee Murphy Insurance Co. - proposal for insurance consulting services
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting
agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding
investigation of the concerns expressed.
AFF REPORTS
Finance Director
Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. City Clerk
8. Fire Chief
9. Building Official
10. City Attorney
11. City Coordinator
CONSENT AGENDA *
1. Resolution 99- 311: Directing Payment of Bills ~1
2. Resolution: Employment of Jeffrey Roettger as part-time on-call firefighter
3. Temporary on-sale liquor license, City of Stillwater Chamber of Commerce, for Blue Moon Fundraiser at Washington
County Historic Courthouse, February 29,2000
4. Resolution: Contract with Larson Allen Weishair & Co. for 1999 auditing services
5. Resolution: Extended warranties and maintenance agreements for new squad cars - Police Dept.
6. Resolution: Calling for public hearing on the proposed creation by the City of Development District No. 2 and of the
Development Program for Development District No.2 and the proposed establishment of Tax Increment Financing
District No.8 and the adoption of the Tax Increment Financing Plan relating thereto, all located within Development
District No.2.
7. Resolution: Permanent emplo)'ment of Chant ell Kadin as Administrative Assistant
8. Resolution: Liquor license renewals for the Year 2000
9. . Resolution: Tobacco license renewals for the Year 2000
10. Resolution: Consent to assIgnment of Legends of Stillwater Phase III Development Agreement to D.R. Horton. Inc. -
Minnesota
II. Resolution: Renewal of contract with Sdect Account
. Resolution: Application for Minnesota Stream Protection and Improvement Loan Program
. Resolution: Agreement with Don Emp'i011 for architectural survC) consultant services for Hersey Staples Addition
I:J.. Hang banner on Chestnut Street. Trinit't Church Yule F~Sl. Nov 5-::!2. 1999
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15. Resolution: ApprO\ e Y2k Slaffing and Contingency Plan<;
City Council Meeting 99-24
November 2, 1999
UNFINISHED BUSINESS
1. Construction of second ice sheet at St. Croix Valley Recreation Center
a) Aw~d of bids for foundation construction
b) Agreement with Mahtomedi to partner in construction .
c) Agre(!ment with Ankeny Kell Architects, P A to provide architectural services for second ice sheet
.
NEW BUSINESS
1. Status Report on McKusick Lake Downstream Conveyance System study - Bonestroo Rosene Anderlik & Assoc.
2. Ordering 'preparation of report for 2000 Street Improvement~, Project 20002 (Resolution) :
PETITIONS. ,INDMDUALS. DELEGA nONS & COMMENDA nONS (continued)
COMMUNICA TIONS/REOUESTS
COUNCIL REOUEST ITEMS
STAFF REPdRTS (continued)
8 P.M. AGENDA
CALL TO ORDER
ROLL CALL
PUBLIC HEARING ,
1. This is the ,day and time for the public hearing to consider the lease of property where currently a city-owned barge
entitled the "Frank E" is moored along with a city-owned vessel known as the "Cayuga ", to Max Todo Marine service.
Inc., for an initial three-year period and two one-year extension periods to use as the marine service facility. Notice of
the hearing was published in the Stillwater Gazette on October 5, 11, 18, and 25, 1999.
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ADJOURNMENT
Possible adjournment to Executive Session to discuss possible acquisition of land
* All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion.
There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will
be removed from the consent agenda and considered separately. .
** Items in italic~ are additions to the agenda
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CITY OF STILL \V ATER
CITY COUNCIL MEETING NO. 99-23
October 19, 1999
REGULAR MEETING
7:00 P.l\'I.
The meeting was called to order by Mayor Kimble
Present:
Absent:
Councilmember Bealka, Thole, Zoller and Mayor Kimble
Councllmember Cummings
Also present:
City Coordinator Kriesel
City Attorney Magnuson
Police Chief Dauffenbach
City Engineer Eckles
Fire ChiefKa1lestad
Building Official Zepper
Civil" Engineer Sanders
City Clerk Weldon
Press:
Julie Kink, Courier
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes of
October 5, 1999, Regular and Recessed Meetings and September 21st and October 5, 1999, Executive
Sessions. All in favor.
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PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Mary Peroceschi - Human Rights Commission.
Mary Peroceschi, Human Rights Commission, and Peggy Perry, Chair, addressed Council on the
need for a pathway on Curve Crest Boulevard. Ms. Perry read a letter from the director of Courage
St. Croix supporting the need for a pathway.
Annette Tryon, Human Rights Commission, addressed Council on the issue of building accessibility
for the disabled. She requested the formation of a task force to increase access to public and
commercial buildings. Council and staff explained action must be voluntary on the part of the
business owner. The Council is not able to enforce ADA requirements. We are able to enforce
Minnesota laws only. ADA violations must be addressed at the federal level. Ms. Tryon agreed
Minnesota building laws are being followed; she would like an ADA expert to review access in the
City.
Councilmember Zoller stated he understood Courage Center was informed they could build the
sidewalk; however, no response has been received. City Coordinator Kriesel also stated he
. understood Courage Center had been contacted.
Motion by Councilmember Thole, seconded by Councilmember Bealka to direct staff to investigate
options for the installation of a sidewalk or pathway on Curve Crest Boulevard. All in favor.
CIty CouncIl Meeting 99-23
October 19, 1999
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CONSENT AGENDA
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Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda.
All in favor.
1. Resolution 99-295: Payment of bills
2. Purchase of computer - PolIce Dept.
3 Resolution 99-296: Approving hospital/medical insurance rates, effective 11112000
-k Resolution 99-297: Promotion Thomas Crotty to part-tIme on-call fire captain
5 Approval of position descriptIOn for part-time on-call fire captain
6 Purchase of skid loader - Parks Dept.
7. Resolution 99-298: Permanent employment of Ryan Smith as Engineering Technician II
8. Resolution 99-299: Permanent employment of John Buckley as Assistant Building Inspector
9. Resolution 99-300: Agreement with Equipment Supply Inc. for boiler/HV AC maintenance-
Library
10. Resolution 99-301: Agreement with Johnson Controls, Inc., for HV AC maintenance - City Hall
11. Hang banners at Olive St. & Chestnut St. - American Education Week, Oct. 29-Nov. 22
12 Purchase of workstation-BUIlding Dept.
13. Resolution 99-302: Agreement to modify easement - Lot 7, Block 4, Liberty on the Lake
PUBLIC HEARINGS
1. Lily Lake Water Quality Improvements, Project 9613, L.I. 340. This is the day and time for the
public hearing to consider the proposed assessment for Project No. 9613, L.I. 340. The
following is the area proposed to be assessed: Properties West of South Harriet Street; South of .
\Vest Myrtle; East of Maryknoll Drive; North of Orleans Street. The improvement consists of
Storm Water Improvements. The total amount of the proposed assessment is $237,603.66. Notice
of the hearing was published in the Stillwater Gazette on October 1, 1999 and notices mailed to
affected property owners.
Civil Engineer Sanders presented a summary ofthe project. He stated this is the first of multi-phases
to improve the water quality of Lily Lake. This phase consists of constructing a small detention
pond on the north side of Lily Lake and installing storm sewer pipe in the West Lake Street Ravine.
The total cost is 5252,822. It is proposed to assess the contributing area in the drainage dIstrict at a
rate ofS.045 per square foot. The 113.50 acre net assessable area would generate $222,561 in
assessments. The remaining costs would be paid from the Storm Water Utility, State Aid Funding
and a cost share grant from the Board of Water and Soil Resources (BWSR).
Prior to the meeting, letters of objection were received from John and Patricia Reinke, 1902 W.
Olive; Lorraine and Enno Buoma, 408 S. Owens; John Evert, 550 S. Grove St.; Richard and Jaclyn
Ulrich, 612 Lake Drive; Richard Larson, 1904 Oak Street West; and Glenn Thompson, 1919 W. Oak
Street. A letter of objection from Charles Heitmiller and Gayle Monson for Parcel 2903020440045
was received at the hearing.
Staff recommends Council consider the assessment for property owners in the drainage district and .
adopt the attached assessment roll as submitted
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City Council Meeting 99-23
October 19, 1999
The Mayor opened the public hearing.
Lloyd Zieske, 1404 W. Olive Street, stated he is holding a contract for deed on 1412 West Olive and
therefore has a vested interest in the assessment. The cost is too high. In addition, the property
drains to the rear, not toward Lily Lake. Staffwill check on the drainage pattern and determine ifit
contributes to the drainage area.
Don Junker, 1717 West Pine, questioned why 300 residents were being assessed when Lily Lake
benefits the entire community. Councilrnember Thole stated that for projects throughout the City,
the properties contributing runoff to the drainage area are assessed for a portion of the project.
Jacklyn Ulrich, 612 Lake Drive, questioned when construction will begin, if dredging is included in
the cost, how maintenance will be paid, and if there will be a mosquito and disease problem from
standing water in the detention pond. She also requested local retailers be notified of the type of
fertilizer required by the new City ordinance. Civil Engineer Sanders responded construction is
expected to start within 10 days, with a completion date of December 31st. Dredging will be done
where pipes enter. Maintenance will not be assessed; funding will come from maintenance funds.
The detention pond is pumped out after each storm. Mr. Kriesel stated local merchants have been
notified of the fertilizer requirements.
Jack Evert, 550 S. Grove St., stated he had submitted a letter of objection based on the calculation of
his assessment on property that is under water. He reevaluated the calculations and now believes the
assessment is realistic and fair. He is pleased the project is proceeding.
John Heitmiller, 464 Hillsboro, New Hope, spoke on behalf of his sister, Gayle Monson. The
assessment is for property (parcel 2903020440045) currently in probate; Ms. Monson will soon
become titleholder. Their objection to the assessment is that they were recently denied a variance to
build on the lot. The Planning Commission basis for denial was water drainage problems. If this
project will correct the problem and reverse the variance denial, they will pay the assessment. If not,
they object on the basis it does not provide any benefit to their property. Mr. Kimble stated the
project would not correct their drainage issues.
Carol Jagusch , 525 Brick Street, questioned the work being done on her property. She also asked if
berms were going to be placed on her land. Mr. Sanders stated they are working within recorded
easements on her property. Mr. Eckles stated staff will bring the plans to her property and explain
the project to her on-site.
Barry Lagrave, 1517 W. Pine St., asked if there is any guarantee that the project will continue past
Phase I. He has no problem with the assessment. He just wants confirmation that all phases will be
completed. Council stated the project will continue, but there are no guarantees on how many
phases will be completed. The phases will be done as necessary to correct the problem. If earlier
phases make the necessary corrections, further phases would no longer be needed.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-303
adopting the assessment for Lily Lake Water Quality Improvements, Project 9613, L.I. 340, with
adjustments only for engineering purposes.
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City CouncIl Meeting 99-23
October 19, 1999
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Ayes:
Nays:
Absent:
CouncIlmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
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The meeting was recessed at 8:30 p.m. and reconvened at 8:40 p.m.
2. .Wilkins Street Storm Sewer Improvements, Project 9808, L.I. 339. This is the day and time for
the public hearing to consider the proposed assessment for Project No. 9808, L.I. 339. The
following is the area proposed to be assessed: Properties within the described boundary of the
North boundary is West Moore Street, East boundary is North 4th Street, South Boundary is West
Aspen, and the West boundary is Owens Street. The improvement consists of Storm Water
Improvements. The total amount of the proposed assessment is $69,675.72. Notice of the
hearing was published in the Stillwater Gazette on October I, 1999 and notices mailed to
affected property owners.
Mr. Sanders presented a summary of the proj ect. It consists of improving the storm water system in
the area of North Fifth Street and West Wilkins Street by lowering the street at the intersection of
Fifth and Wilkins and adding storm sewer in the backyards to increase drainage capacity.
It is proposed to assess the contributing 47.3 acre drainage district (35.5 acres assessable) at a rate of
$.045 per square foot; this would provide $69,675 in assessments. The remaining $18,471 would be
paId by the Storm Water Utility Fund. No letters of objection were received prior to the meeting.
Staff recommends adoption of the attached assessment roll as submitted.
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Councilmember Thole stated he recently sold a property within the assessment area. In order to
comply with the City conflict of interest policy, he will abstain from the vote.
The Mayor opened the public hearing.
Gerald and Gloria Shepardson, 1208 N. William St., submitted a letter of objection. A portion of
their land (parcel 2103020330063) is landlocked. It is wooded and absorbs all moisture, therefore
not contributing to runoff. A representative of the City Engineer's office came out and looked at the
property.
Staffwas directed to check the drainage direction on the property and recheck the math calculations.
The assessment would be adjusted only if the property does not drain into the area or the math is
incorrect.
The Mayor closed the public hearing.
Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 99-304
adopting the assessment for Wilkins Street Storm Sewer Improvements, Project 9808, L.I. 339, with
adjustments only for drainage direction at determination of the City Engineer.
Ayes:
Nays:
Abstain'
Absent:
Councilmembers Bealka, Zoller and Mayor Kimble
None
Councilmember Thole
Councllmember Cummmgs
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City Council Meeting 99-23
October 19, 1999
. UNFINISHED BUSINESS
1. 62nd Street Watermain and Street Improvements (continued from October 5, 1999).
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Mr. Eckles reported staff met with residents of the 62nd Street area on October 13, 1999, to discuss
options for resolving the objections to the proposed assessment. Four options were discussed: 1)
restore to current standard; 2) current standard plus cul-de-sac; 3) cul-de-sac plus widening; and 4)
upgrade street (original city proposal). Other issues discussed were water service, power lines, and
underground utilities.
It was found the neighborhood was universally in favor of Option 4, which is the City's original
proposal. The objection was with the assessment of$lO per square foot. All in attendance agreed to
withdraw their objection if the City reduced the proposed assessment to $5 per square foot. The
average resident would pay $2,000 for street improvements. The City would need to capture
$19,000 of financing from other sources. This could be accomplished by minor modifications in the
trunk charges for utilities to developing areas in Phase I. This modification falls within the
developers' expectations.
Option 3 is also a viable alternative. The adjusted assessment rate would be $4 per foot, it would
provide all the features wanted by the neighborhood, but the street would have a thinner section and
shorter expected life.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-305
approving Option 4 as presented by the City Engineer and Adopting assessment for 62nd Street
Watermain and Street Improvements, Project 9912, L.I. 343.
Ayes:
Nays:
Absent:
CounciImembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
2. Discussion and possible adoption of amended assessment roll for excepted parcels as listed in
Resolution 99-265, Downtown Lighting Project.
On September 21, 1999, Council adopted the assessment roll for L.I. 9821, Downtown Decorative
Lighting Project, with the following parcels excepted: 280302410008,2803020410014,
2803020410016,2803020410039,2803020410052,2803020410057,2803020410064, and
2803020410095.
Mr. Kriesel stated staff has not had time to meet with all property owners of the excepted parcels,
but the roll must be adopted tonight in order to have these assessments certified with payable 2000
taxes. Mr. Magnuson reported all owners of exceptions were notified that this item would be heard
tonight; no property owners are in attendance.
Ray Kirchner, real estate appraiser, informed the City Attorney a project of this nature would lead to
a 1% to 5% increase in market value. Mr. Kriesel stated none of the assessments appear to be more
than 2.5% of the market value. The assessment roll appears to be reasonable and could be sustained
if an appeal was filed. He recommended adopting the assessment roll as originally presented for the
excepted parcels.
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City Council Meeting 99-23
October 19, 1999
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-306
adopting the assessment roll for excepted parcels as originally presented for L.I. 9821, Downtown
Decorative Lighting Project.
Ayes:
Nays:
Absent:
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Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
3 Possible second reading of Ordinance No. 883 relating to a Zoning Map Amendment for the 28
acres located east of CR 15 and north of 62nd Street from AP (Agricultural Preservation) to TH
(townhouse). Case No. ZAM/99-1 (first reading Oct. 5, 1999)
City Attorney Magnuson reported this is strictly a housekeeping change in the map as approved by
Joint Board action.
Motion by Councilmember Thole, seconded by Councilmember Zoller to have a second reading of
Ordinance No. 883 relating to a Zoning Map Amendment for the 28 acres located east ofCR 15 and
north of62nd Street from AP (Agricultural Preservation) to TH (townhouse). Case No. ZAM/99-1.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
NEW BUSINESS
I. Participation in Metropolitan Council Livable Communities Program (Resolution).
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Mayor Kimble referred to a memo from Community Development Director Russell stating that in
order to participate in the Livable Communities Program the City must approve a resolution
signifying City participation. As a participating community, several metropolitan grant programs are
available. In the past, the City received a community Reinvestment Grant for the redevelopment of
the Maple Island Building.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-307
electing to continue participating in the Local Housing Incentives Account Program under the
Metropolitan Livable Communities Act.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
2. Approving plans and specifications and authorizing the advertisement for bids for lift station
upgrades.
In a memo, Mr. Eckles reported both the Lily Lake and Myrtle Street lift stations are close to
capacity in their current configurations. Staff has prepared the plans and specifications for the .
improvements. The proposed project will increase the wet well storage which will significantly
reduce the wear and tear on the pumps and possibility of backups and flooding. The estimated cost
is less than S I 00,000 and is in the budget.
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City Council Meeting 99-23
October 19, 1999
Motion by Councilmember Bealka, seconded by CounciImember Zoller to adopt Resolution 99-308
approving plans and specifications and ordering advertisement for bids for Lily Lake and Myrtle Street
lift stations.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
CounciImember Cummings
3. Approving plans and specifications and authorizing advertisement for bids for second ice sheet
foundation construction.
In his memo, Mr. Kriesel informed Council that it is imperative that the City construct the
foundations before year-end. He recommended Council approve the plans and specifications
presented by Ankeny Kell Architects and authorize Dick Olsen, construction manager, to advertise
for bids. Bids would be presented to Council on November 2nd. The final draft of the agreement
with Mahtomedi should also be available at the November 2nd meeting.
Motion by CounciImember Thole, seconded by Councilmember Bealka to adopt Resolution 99-309
approving plans and specifications for construction of second sheet of ice foundation work at St. Croix
Valley Recreation Center and ordering advertisement for bids.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
4. Modification of U.S. Army Corps of Engineers levee project to accommodate trout mitigation
project.
Mr. Eckles presented a memo from Bonestroo Rosene Anderlik & Associates (BRA) proposing
design modifications to the levee project. While completing the analysis of the storm water
conveyance system from McKusick Lake to the river, it was discovered the pipe installed as part of
the Levee Project is undersized as proposed and should be enlarged. The Corps of Engineers, BRA,
and staff have developed a design change to accommodate the additional storm water flows by
adding an additional pipe and slightly modifying the Levee Project. Failure to install this pipe at this
time would result in significant additional costs in the future.
The contractor for the Levee Project, Park Construction, is willing to enter into an agreement to
construct the additional improvements based on the unit prices bid on the Levee Project. The
estimated cost is approximately $75,000. The costs will be charged to the Trout Stream Mitigation
Project so developers would finance the entire cost increase.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-310
approving the agreement with Park Construction for construction of storm pipes associated with the
Trout Stream Mitigation Project, at a cost not to exceed $75,000.
. Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
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City Council Meeting 99-23
October 19, 1999
ST AFF REPORTS (continued)
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Mr. Kriesel noted Washington County will be holding a public hearing on Wednesday, October 27,
1999, regarding a petition by David Paradeau, Minnesota Zephyr, to allow the train to operate after 5
p.m. on Sunday and after 10 p.m. on holidays.
Motion by Councilmember Bealka, seconded by Councilmember Zoller directing staff submit a letter to
Washington County in support of the petition by David Paradeau, Minnesota Zephyr, for extended
operation hours for the Minnesota Zephyr. All in favor.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn to executive session
at 9:10 p.m. to discuss possible acquisition ofland. All in favor.
Mayor
Attest:
Clerk
Resolution 99-295: Payment of bills
Resolution 99-296: Approving hospital/medical insurance rates, effective 1/1/2000
Resolution 99-297: Promotion Thomas Crotty to part-time on-call frre captain .
Resolution 99-298: Permanent employment of Ryan Smith as Engineering Technician II
Resolution 99-299: Permanent employment of John Buckley as Assistant Building Inspector
Resolution 99-300: Agreement with Equipment Supply Inc. for boilerfHV AC maintenance - Library
Resolution 99-301: Agreement with Johnson Controls, Inc., for HV AC maintenance - City Hall
Resolution 99-302: Agreement to modify easement - Lot 7, Block 4, Liberty on the Lake
Resolution 99-303: adopting assessment for Lily Lake Water Quality Improvements, Project 9613, L.I.
340, with adjustments only for engineering purposes.
Resolution 99-304: adopting assessment for Wilkins Street Storm Sewer Improvements, Project 9808,
L.I. 339, with adjustments only for drainage direction at determination of City Engineer.
Resolution 99-305: approving option 4 as presented by City Engineer and Adopting assessment for 62nd
Street Watermain and Street Improvements, Project 9912, L.I. 343.
Resolution 99-306: adopting assessment roll for excepted parcels as originally presented for L.I. 9821,
Downtown Decorative Lighting Project.
Resolution 99-307: electing to continue participating in the Local Housing Incentives Account Program
under the Metropolitan Livable Communities Act.
Resolution 99-308: approving plans and specifications and ordering advertisement for bids for Lily
Lake and Myrtle Street lift stations.
Resolution 99-309: approving plans and specifications for construction of second sheet of ice
foundation work at St. Croix Valley Recreation Center and ordering advertisement for bids.
Resolution 99-310: approving agreement with Park Construction for construction of storm pipes .
associated with the Trout Stream Mitigation Project, at a cost not to exceed $75,000.
Ordinance No. 883 relating to a Zoning Map Amendment for the 28 acres located east ofCR 15 and
north of62nd Street from AP (Agricultural Preservation) to TH (townhouse). Case No. ZAlVV99-1.
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MEMORANDUM
TO:
Mayor and Council
FR:
City Coordinator
RE:
Insurance proposal
DA:
October 29, 1999
Discussion:
Paul Anderson, Lee Murphy Inc. will be at the meeting to discuss their proposal for providing
insurance "Risk Management Review" services. This is an unsolicited proposal (i.e., the City has
not advertised for proposals). However, I have had conversations with Mr. Anderson (and Mr.
Jack Junker) regarding the cities insurance situation and especially the concern the City would
have for leaving the League of Minnesota Cities Insurance Trust or for changing coverage to
obtain lower rates. These concerns are addressed in the attached letter that was sent to Lee
Murphy.
Recommendation:
Council consider proposal of Lee Murphy, Inc. to provide consulting services for "Risk
Management Review" of the City's insmance coverage.
4~
LE E~?-///
I ,E, y>} ~tIY"
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October 15, 1999
City of Stillwater
Attn. Niles Kriesel
Stillwater, IvIN 55082
Re. Offer of Insurance Consultation
Dear Niles,
Thank you for the opportunity to visit with you regarding the City of Stillwater's
Insurance program.
We believe there is good evidence that it is in the best interest of private and public
enterprises to periodically check the insurance marketplace to:
Secure the input of outside, expert counsel on risk management strategies
Review state-of -the-art coverage options
Insert competition into insurance product pricing
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Where as, we understand:
The City of Stillwater has had a long and mutually beneficial relationship
with the Minnesota League of Cities insurance program, and
The Minnesota League of Cities program is of excellent quality and has the
rating flexibility to be responsive to market conditions,
In the event the City of Stillwater elects to renew their insurance with the current
agent and League of Cities program;
As modified by our counsel, and
Priced to meet the competition offered by our proposal.
Therefore, we respectfully propose that if the city benefits economically from our
work, we will be compensated for our efforts by sharing in the savings. Attached
is a proposal for Risk Management Review.
Best regar ~ /j / )/
>J6~ ,,:rI. ~7 l-d...; fJ10~..~~G'
// John". (Ja9 Junker Paul M Andersoh-
1/ If
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2 5 1 5 IN A BAS H A V EST P A U L. ~I I l'. :-J E SOT A 5 5 1 1 ~
PHONE. (651) 644-7200 FAX (651) 6~~-913;-
DOMESTIC & INTERNATIONAL INSUR-\:\Cf BROKERS
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Proposal for Risk Management Review
Lee F Murphy Agency will review the City of Stillwater's Risk Management Plan to
include:
Risk avoidance procedures such as Safety Programs and Right to Know process.
Human Resources Process as specifically relates to Employment Practices
Liability and Workers Compensation claims management effectiveness.
Risk Retention cost/benefit analysis
Risk Transfer (insurance coverage) program comprehensiveness
Insurance market competitiveness
Lee F. Murphy Agency will provide a report citing recommendations and a competitive
insurance quotation prior to the last City Council Meeting of November.
Lee F Murphy will be compensated by commissions on insurance products accepted by
the City of Stillwater.
If the Minnesota League of Cities program offers to revise premiums in response to our
competitive offer and the City of Stillwater elects to retain their services, Lee F. Murphy
will be compensated with 20% of savings realized by the City.
Agreed,
City of Stillwater Date
Lee F. Murphy Agency Date
. ..
THE BIRTHPLACE OF MIHHESOTA
October 21. 1999
ivlr. John R. (Jack) Junker
Mr. Paul Anderson
Lee F. l\tIurphy, Inc.
2515 Wabash Ave.
St. Paul, ivIN 55114
Dear Jack and Paul:
In order for the City to continue to consider your proposal regarding insurance coverage options
for the City of Stillwater, I believe it is important and necessary that the following questions be
answered as they relate to either the coverage or the potential carrier:
I. Liability Coverage.
1. Does it cover the liability exposures of ambulance, paramedics and "First
Responders"?
2. Does it cover the professio~a1 malpractice exposure of an engineer, surveyor, or
accountant who is a city employee?
3. Does it cover libel, slander, defamation, and invasion of privacy arising out of the
operation of a public access or city government cable TV channel, or a cable
broadcast of council meetings?
4. Suppose a police officer acting in good faith misjudges the amount of force that is
reasonable to use in making an arrest; that is, the officer in good faith thought the
force he/she used was reasonable, but a coun later disagrees. Does the policy
cover both the city's and the officer's liability for assault and battery or for using
unreasonable force?
5. Suppose an officer in bad faith and intentionally uses an unreasonable amount of
force on a suspect, who sues the city and the officer. Is the city's liability
covered?
6. Is each of the following "named insureds" under the policy?
a. City Council members
b. Members of Boards and Commissions
c. City volunteers, whether individuals or organizations
d. Other elected or appointed officials
e. City employees. whether full time or part time. or temporary
f. Relief associations and their officers, employees and members
g. The ambulance service medical adviser or medical adviser
h. Former city officers employees and volunteers
CI-' r~LL 2;6 '~ORTH F2L'R:H Si:LL'JV,l.TE~ NlIi'iitES~7,.l5:C82 F~Ci.E 651-43C-2EC~
.
.
.
.
7. Does it provide at least $700,000 of coverage for each occurrence regardless of
the number of occurrences the number of defendants or the number of claimants?
8. Does it cover liability for employment actions such as hiring firing disciplining or
promoting?
9. Does it cover liability for claims of sexual or racial harassment?
10. Does it cover punitive damages to the extent permitted by statute?
11. Does it cover violations of civil rights?
12. Does it cover the city's statutory duty to indemnify Voltaire fIrefighters for
automobile liability while responding to a fire?
13. For any "claims made" policy:
a Does it guarantee you the right to purchase an unlimited extended reporting
period, even if you cancel the policy or decide not to renew it?
b. Is the price of the extended reporting period specified in the policy itself?
14. Does it cover city liability arising from a city officers or employees malfeasance?
15. Does it pay for the defense ofan officer pr employee accused of malfeasance?
16. Does the error and omissions policy cover property damage or bodily resulting
from a "wrongful act"?
17. Does it cover suits by one city employee against another city employee or against
the city?
18. Are general liability, police liability, ambulance liability, firefighter liability,
errors and omissions and employment liability coverage provided in a single form
by a single camer?
19. Are special events such as Lumberjack Days, Spring Arts fair, Taste of Stillwater,
Fall Arts Fair, Spring Arts Fair, etc., that are held on city property covered?
20. Does the coverage preserve all of the city's statutory and common-law defenses?
21. Does it cover liability arising out of strikes, riots or civil commotion?
22. Does it pay on behalf of the insured rather than reimbursing you after you have
paid the loss and defense costs.
23. Does it provide overlap coverage?
24. Is the camer willing to provide coverage for joint powers entities such as
watershed management organizations, cable TV commissions, etc?
25. Does it cover liability for inverse condemnation when a court determines that a
zoning or land use regulation has resulted in a temporary taking of private
property?
26. Does it cover claims for attorney's fees that are claimed as part of a civil rights
suit seeking an injunction but not seeking monetary damages?
27. Does it cover automobile liability the city has assumed by contract - through a
defense and indemnifIcation ~oreement for example?
28. Does it cover the liability arising out of operating an employee benefit plan or
advising employees regarding such a plan?
29. Does it cover the fIduciary liability of board members of a fIre relief association?
30. Does it cover accidental, above ground spills of pollutants?
3 I. Does it let you buy higher liability coverage limits where needed. without waiving
the statutory liability limits where they apply?
32. Does it cover liability for lead contamination?
33. Does it cover liability for asbestos contamination?
.
.
. .
.'
34. Does it defend employment related charges against the city that are filed with the .
EEOC or Human Rights Commission, even if those charges don't explicitly claim
money damages?
35. Is coverage available for those liability clean up and defense costs for an
underground tank leak or spill which are not reimbursed by the state Petrofund?
36. Ifback wages are awarded as damages for wrongful termination of an employee.
are those damages covered?
37. Is there coverage for the city's liability for loss of or damage to property
belonaina to others that is in the city's care. custodv and control?
- - .,,-
38. Does it cover failure to supply utilities?
39. Is there coverage available for the professional activities of an attorney who is
also a city employee?
40. Does it cover le2al costs for litiaation relatina to land use relZUlation or
- - - -
development, even if that litigation doesn't involve a claim for damages?
41. Suppose a city employee is sued because of some action he took as a member of a
joint powers board that he sits on as the city's representative. The joint powers
board doesn't have insurance itselfand isn't a named insured on the city.s
insurance. Does the employee or the city have any protection?
42. Does it cover liability for bodily injury property damage or other damages caused
by Y2K problems in computers or other equipment?
II. ProoertV Coveraae
1. Is the coverage on a blanket limits basis?
2. Is the coverage written without a coinsurance clause? .
3. Does the insurance company provide appraisals for city property?
4. Does the insurance company cover the buildings and their contents for
replacement cost?
5. Does the insurance company cover mobile equipment (Le., '"inland marine'.
property at replacement cost)?
6. Is property coverage automatic for minor pieces of equipment or does the insured
have to specifically schedule each one in order to have coverage?
7. Does the insurance cover water damage to city property, including damage caused
by sewer back-ups, flooding, mudslides, etc.?
8. Is loss income and extra expense coverage included?
9. Are police dogs covered, including the cost to train a replacement dog?
10. Does the insurance provide protection if the city forgets to schedule coverage for
a particular building or other piece of property?
11. Is coverage available for damage to city utility poles and lines?
12. Is property in transit covered?
13. Does it cover damage to city property caused by an off-premise power failure?
l..t Does it cover accounts receivable?
15. Does it cover computer equipment and media including the cost to recover and
reconstruct data and programs?
16. Does it cover the cost to replace valuable papers?
17. If a building is damaged or destroyed. does the coverage pay the additional costs .
to clean up asbestos and other pollutants?
.
.
.
. ,
18. Does it cover extra expenses the city might incur to respond to Y2K problems?
19. Does it cover the cost to remove storm debris from a city park?
III. Workers Comn
1. Does it cover the cost of diagnostic testing that's required by OSHA for an
employee that s been exposed to infectious disease?
2. Are the city's officers, employees, volunteers. etc., named as insureds for the
purposes of the "Coverage B" employer's liability coverage?
3. Does the Coverage B limit cover the city's full exposure under the statute?
4. Would the policy cover any liability the city may have under the Longshoremen's
and Harborworkers act, the Jones Act or the Federal Employer's Liability Act?
5 . Would the policy pay for defending the city or a city officer or employee on a
claim seeking d~mages under M.S. 176.82?
IV. Other services.
1. Does the carrier provide regularly scheduled as well as specially scheduled
workshops on OSHA related issues/compliance (Le., Awair, Right to know, safety
programs, etc.) as part of the premiums paid or are they charged separately?
2. Does the carrier do loss risk control analysis and recommendations (upon request
and/or on a regular basis) at no additional charge?
3. Does the carrier provide informational literature related to all of the areas that are
covered by the insurance (Le., advise on record keeping, recommendations as to
how to comply with existing, new or modified employment laws, etc.)?
These questions indicate the degree of coverage the City of Stillwater presently has as an insured
with the League of Minnesota Cities Insurance Trust. Further, the reason that the city of
Stillwater has participated in the LMCIT program is that the previous carrier discontinued
coverage for the City of Stillwater and other private carriers declined to insure municipalities, as
well. Therefore, the City of Stillwater to change carriers would be based primarily on retaining
the present extent of coverage, the assurance that the carrier would continue to provide insurance
for the long term. the degree of support that is given via other services (Le., workshops. loss risk
control surveys, recommendations, education, etc.) and the cost of the coverage.
Obviously cost of insurance coverage is an important consideration. However, in comparison to
the extent of coverage and the long-tenn availability of the coverage (especially important).
premiums associated with insurance may be a secondary consideration.
Please feel free to call me at 430-8801 if you have any questions in regards to this matter.
Sincerely,
--?I;U ){/~
Nile L. Kriesel
City Coordinator
LMC
145 University Avenue West, St. Paul, Ml'l55103-2044
phone: (651) 281-1200 · (800) 925-11_
TDD (651) 281-12
LMC Fax: (651) 281-1299 · LMCIT Fax: (651) 281-129
Web Site: http://www.1mnc.org
ltmg&l. of .'-[i"".sota Cilia
Otia promoting c:oJJ-
October 19, 1999
Nile Kriesel
City Coordinator
216 N. 4th St.
Stillwater, MN 55082-4807
, ,..,
~ u
-~-
-.......
...........1
j
Dear Nile:
As a follow-up to our phone conversation, I'm enclosing a copy ofLMCIT's Loss
Control Services Guide.
You had also asked whether LMCIT would be willing to reduce the premiums we've
quoted to the city in order to meet a competing price quoted by a private insurer. The
answer is no. A primary consideration for LMCIT is to treat every city fairly and
equitably. That means calculating every city's premiums the same way, using the same
rates, experience rating formula, deductible credits, etc. applied to the city's exposures.
The goal ofLMCIT's rating system is not to match the "market price"; rather, the goal is
to come up with a premium that represents the city's fair share of the total costs based on
the city's actual risks and exposures.
.
Thus, the only time an LMCIT quote should ever change is if some other factor changes;
e.g., the city asks for a different deductible structure, or there's a change or correction in
the city's expenditures or property values or other exposure measures, or the underwriter
made a mistake in the initial calculation, or whatever. But ifLMCIT's initial quote was
figured correctly based on the correct data, we would not later reduce that quote simply to
match someone else's price. To do anything else would mean not treating all of the
member cities fairly.
I hope this is helpful. As always, please feel free to call if you have questions or need
anything else.
WP~
Peter Tritz
LMCIT Administrator
Cc Don Daraskevich, LMCIT Underwriter
.
AN EQUAL OPPORTUNITY/ AFFIRMA llVE ACTION EMPLOYER
.
.
.
iIlwater
'~ ~
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: Mayor and City Council JJP
FROl\-I: Diane Deblon, Finance Director
DATE: October 26, 1999
SUBJECT: Utility Rates Increase
BACKGROUND
During the budget process, discussion was held regarding the need to increase fees and/or
rates for sanitary sewer and storm sewer charges.
ANALYSIS AND REVIEW
The Metropolitan Council Environmental Services Division has adopted preliminary
rates for the next three years that are lower than current rates. (The lions share of the
sanitary sewer fund's budget is paid to the Metropolitan Council to treat the city's water).
After analyzing the city's expected charges with these new lower rates, we are able to
reduce the year 2000 budgeted amount by $295,000. This will eliminate the projected
deficit in the sanitary sewer fund. The storm sewer rates charged by the city are currently
slightly higher than other metro area cities and there is a projected surplus for the year
2000 budget.
CONCLUSION AND RECOMMENDATION
Staff is recommending that council not make any changes in the sanitary sewer or storm
sewer rates, at this time. Council could review them again next year during the budget
process.
CITY HAll' 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE, 651-430-8800
'J
.\
.
.
.
Memo
To:
Honorable Mayor and Council Members
Kim Kallestad, Fire Chief Z' ~
October 28, 1999
From:
Date:
Subject:
Fireworks Insurance Decision
Area churches and the City Chamber of Commerce have requested to have a professional
fireworks display in Lowell Park on December 18th. Because of the size of the required
clear space (fallout area), Lowell Park is not suitable for fireworks. Bruce McClean,
event organizer, understands the launch site for the fireworks will have to be Kolliner
Park, due to tlie open space requirements.
The issue at hand for Council is to determine if an insurance rider for fireworks will be
required in addition to insurance provided by the pyrotechnic company. For large-scale
fireworks events such as LumbeIjack Days and July 4th, the City has purchased a special
rider on it's own insurance policy, and passed the cost onto event sponsors. The rider has
a flat rate of$500 for any size of fireworks display, and is always secondary insurance to
the policy provided by the pyrotechnic company (with the City listed specifically as an
insured party). .
Approximately $3,000 ~ll be spent on the December 18th fireworks event, compared to
$25,000 to $40,000 that is usually spent on the summer fireworks displays. Thus, this
will be a relatively small display by comparison.
Factors that seem to limit City liability are the expectation that ice will cover the river.
That will eliminate the hazard of boats encroaching on the fallout area, and reduce the
likelihood of people encroaching on the area. The likelihood of snow covering the
ground also reduces any risk of grass fires.
The opposite argument is that fireworks displays do present risks or hazards regardless of
display size or season of the year.
Options:
1. Not require a fireworks rider.
2. Purchase the $500 rider; pass all/part/none of the cost onto the sponsors.
Recommendation: Council decide.
10,21/99 THl 11 23 FAX 612i79i~45
A!RTECa E~VIRO~YE~!AL
--- __~_OQ~ - 4
Otil~a!e~
--- - ~,
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Application for Special Event
Organizario'1 rk. P'~ Cj,J'~d-~-a_~.>eA (~7e~--.t)
Cc.nta~tPe:scn fu.n?f... /1t.L~
Address Ytl7 ~ A/~~ r1..~
City ....4#~ State /'/IN Zip S-~/;L2
PhoneNcrnber ~S/ 7/9~7Y7S
Nam~ of Event rip ~ CI.A.u:l-~ .!-t.';"pJl,
,
.
Date(s) ofE\'e:lt /J~.I"'!J.NY'-.I.1JlA Ift:l:
Time of (.1<1' 5 ~ ~
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Location of Event I'~ ~~~ ~d,tU-..J. :i) ~130
, t7 f./ P ,
Purpcse and Description ofE"ent (please inc~ude ail items being requcs~ed by l11e City, Le. rl":Jd
blccks, polk: officers, parks~ etc.) a!l~ttad' a map if necessary. ~
r~~:.r~:::/t;:'2~--/~~t'~~ 1./(7<1. .
~':::~;;f~ ~~.<<J:t'=-~~~,
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* * * * * * * * * * * * * * * * * *
Office l"se Only:
Special Events processing and coordination ass:~ed to:
Distribution ~olic:=
Administration
EngineeringIPublic. Wcrks
Parks
Planning
Fire
/ 6 '~I
CClmmentsD 1<.
Le~~- at
CiTY H~Ll 2'6 ~IC~TI1 FOURT-i ST!LL'NATE~. MI:\lr.:eSvTA 550:3, P!-iO~!E 5i2.':3:H3121
.
-.
10:2::99 THt.:: 11: 25 FAX 61277974-15
AIRTECH E:XVIRC~)lE.'\"T:\L __
~005
. ~\
M. ech Enviroumental. InC.
6989 N. 55<1: Street - Suite C
St. !'au!. !'tiN 55128
(651) 779-7475
. (651) 779-7445 Fax
AnK:I'I ENn:nrana.Inc. W\\'Vl.airta-o..hweb.eom
TOCtObe:21, 1999
~, Tim Thomson
Ciry Parks Director
StiU'vater City Hal!
216 KorJ14th Street
StlllwaterMN 55082
Dear Mr. Thomson,
I am a lIl--.:nber of the Bedlany Covenant Church in Stiil'q,"ater; we have been worlCng
with other c2rches in the community and the Stillwater City Cha.-nbe: of commerce on
sponsoring the following event:
~ame:
The Best Ch..-istmas Ever
Sponsors:
Area Church...'"S and the City Chamber of commcrc::
Request:
The use of Lowell Park on the 18t!: of December 1999. ft.nticipme 2)0-
400 people for Christmas caroling and fi:e wcrks. \Ve anticipate t.~at
Police and fire Departments will be requ:red.
.
Services:
Electric:1l services Sufficient to accommodate LightiI:g. outlets for co:fee
and Hot Chocolate in the warrr.in6 tent (see drawing) ar.d a srr..a11 P.A.
systeI:1.
Permits/Fees A Fireworks permit has been applied for and we wo~Id like to know of
any other notifications, fees or permits that would be necessa.-y.
Contractor T -N- T Fireworks of Williston North Da.1.co!2. is a certified F}rotec~ic
Operator. Please contact TeuyGaudreau ofT-N-T at 1170iI770-8060.
If there is a need for a representative to be present at any mee:ings please let ne know.
We have haC a veri positive response from area churches and the comrnuni~1 this
Combined '1tith tl:e added draw of the fireworks feel that our estixr..ates could be
Exceeded.
.
:e/21/1993 12:0~ 351284d
S7ILL~~T~ FARKS
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10/21/99 TEl- 11:22 ~~l 6127797445
AIRTECH E.''''IRO:\1JE:.'\'TAL
~002
-
. HALLELUJIA! CHRIST IS BORN!
Please join us for an evening of
Christmas Caroling and fun
.
YOUR CHURCH IS ENCOURAGED TO JOIN IN A
COMMUNITY-WIDE, NON-DENOMlNATIONAL
CELEBRAnO., OF THE BIRTH OF JESUS CHRIST.
. .1..
18
ST. CROIX VALLEY AREA CH~CHES ARE GATHERING
ON SATURDAY, '.ECEMSER WH FOR A COMMUNITY.
1MDE CAROUNG EVENT.
.
EACH CHURCH GROUP AND THEIR GUESTS WILL GATHER
AT PRE-DETERMJl.lED SITES AND CAROL ALONG AN AR-
RANGED ROUTE. HAND-OUTS WILL BE GIVEN,
INCLUDING ALL VERSES OF TRADITlONAL CHRISTMAS
HYMNS.
.
Au. ROUTES WILL CONVERGE ON MAIN STREET IN
STILLWATER WHERE HUNDREDS OF CAROLERS WILL
JOIN IN SINGING A NUMBER OF TRADITIONAL
CHRISTMAS HYMNS.
.
A 1S-I\IIINUTE PRESENTATION WILL INCLUDE A LARGE
GROUP OF CHILDREN FROM ALL CONGREGAnONS
GATHERED TO SING TWO CHILDREN'S HYMNS AND A
LARGE GROUP OF ADULTS COMPOSED OF MEMBERS OF
ALL ASSOCIATED GROUPS CHOIR MEMBERS
.
A FIREWORKS DISPLAY WILL CAP OFF THE EVENING'S
CELEBRATION
.
-
10/21/99 1rn~ ll:2~ FAI 612779i445
AIRTECH E~VIRO~1ENTAL
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INSPECTION DATA
PERMITS ISSUED 1997, 1998: 1999' INSPECTIONS 1997. 1998 1999
I ! I
JANUARY , 33 31 44 JANUARY , 96! 401 111
!
FEBRUARY 38 68 42 FEBRUARY 91 64 124
I
MARCH 63 48 92 MARCH 124: 811 136
APRIL 99 82 118 APRIL I 136! 90 176
i ! !
MAY 102 103 98 MAY I 191 148 174
,
! I :
JUNE 104 99 112 JUNE 184' 171: 218
,
,
JULY : 84 89: 114 :JULY 184 177' 219
i :
AUGUST 64' 110! 120 AUGUST 144 148. 237
! , : :
SEPTEMBER : 93 100' 147 SEPTEMBER , 157' 193 243
i :
OCTOBER I 113 87 134 OCTOBER 128 172' 243
I I
NOVEMBER 45 72 NOVEMBER I 108; 138'
I
I
DECEMBER 46 73 DECEMBER 91 115
: I I
TOTAL 884 962 1,021 TOTAL : 1,634 1,537, 1,881
, :
LIVING UNlTS CON TRUCT ED
199I RI nr.~ UNITS .1fiB BLDGS UNITS : .19i9..BLDGS 1 UNITS
1 ,
,
SINGLE FAMILY 19 19, 37 37: , 90, 90
! ,
I
DUPLEX-RENTAL 1: 2, , 0: 0, 1: 2
!
TOWNHOUSE 11 21 1 l' -
I ! I :
TWIN HOMES 9 18 5 .1D , a 6
TOTALS 30 41 43 48 94 98
I'.
:
TOTAL RESIDENTIAL UNITS DURING G 1991,19 92, 1993 ,1994, 1995 codEi e cycles = 731
I I T !
Page 1
'~
. LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 99-311
Action Rental
Amdahl, Chris
Bailey Construction
Bearcom
Bliss Plumbing & Heating
Bonestroo Anderlik & AsSOCiates Inc
Boyer Truck parts
Camas Aggregate Division
Cargill Inc-Salt Division
Car Quest
City Wide Radio
Clareys Safety Equipment
Coca Cola
Cub Foods
Dan Brown BUilders
Delta Dental
Desch, Mark/Gloria
Drummond American Corp
Earl F Anderson Inc
. Edward Don Co
Emergency Apparatus Maint
EqUipment Supply Inc
Franklin Covey
Gannons Auto Body
Gerrard & Co
Glaser, Stuart
Gopher Bearing Co
Gordon Iron & Metal
Government Accounting Standards Board
Greeder Electric
Hennepin Technical College
Heritage Printing
Humphrey Institute of Public Affairs
Institute Transportation Engineers
Kadin, Chantelle
Kallestad, Kim
Kellison Company
Kriessel, Nile
Lakes Gas
Legislative Associates
Lind, Gladys
.Magnuson Law Firm
McCollister & Co
McLeod USA
Storage space rental
Repair front door
Sidewalks/curbs
Radio service charge
Install eye wash sink
Prof services/Consulting Engineers
Repair parts for truck #2
Street/playground sand
Road salt
Repair supplies Lift Stations/Streets
Switchover unit 211-lnvestigation
Recharge fire ext
Concession supplies
Concession/Fire Dept supplies
Grading deposit refund
Cobra-Beberg
Parking lease/maint
Chemicals Downtown pavers/island
Resident parking signs
Supplies
Repairs 6109 brakes
Inspect/maint boiler-Terr Prison
Planners
Repair unit 212
Sign supplies
MN State Fire Chiefs Conference
Bearings truck sander
Iron/oxygen
Pronouncements/Codifications
Maint-Building
Firefighter I &II-Rugloski
Oct 99 newsletter
Registration policy forum
Shipping charge-publication
MileagelMAUMA Mgmt fee
Uniform collar bugles
Grading Escrow refund
LMC Conference/coffee supplies
Propane-Zamboni
Lobbyist services
Land purchase
Legal services
Hydraulic Oil
Telephone
135.00
128.00
2,150.00
197.85
425.51
18,779.33
836.73
680.49
1,547.71
510.42
458.03
140.58
379.90
95.32
1,500.00
46.05
979.65
3,681.48
112.86
60.32
127.99
1,804.48
48.99
1,443.18
518.12
139.27
45.87
79.77
90.00
100.00
557.66
1,724.45
90.00
5.00
87.56
10.00
4,750.00
1,373.52
232.17
4,000.00
927.00
10,032.66
136.59
627.52
LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-311
Med Tech Resources
Media One
Menards
MN Co Attorneys Assc
MN Dept of Admin Intertechnologies
Mn Dept of Labor& Industry
MN Dept of Public Safety
MN Dept of Revenue
MN Pollution Control Agency
MPELRA
MTI Distnbuting Co
New Horizon Training
Northwest Title
Northern States Power
Office Max
Ohlin Sales
PC Solutions
Peltier, William
Pllquist Auto Parts
Preferred Builders
Prentice Hall
Richard Knutson Inc
SafeAssure Consultants Inc
Saint Croix Animal Shelter
Saint Croix Office Supplies
Saint Croix Tree Service
Select Account
Sherwin Williams
Star Tribune
Stillwater Area Chamber of Commerce
Stillwater Ford
Stillwater Gazette
Superintendent of Documents
SYSCO
TA Schifsky & Sons Inc
Teltronix Information Systems
Toms Autobody
Turning Point
Twin City Fab Inc.
United Rentals
Valley Trophy Inc.
Washington County Assessment Dept
Watson, Dennis
Zoller, Bob
Page 2
American fire wear gloves
Cable Services Rae Center
ParklStreet/Bldg Cept supplies
Forensic evidence class-Spencer
Router ports
Inspection Prison site
Basic intox class- Meredith
Deposit fee
Services Aiple Property
LMC Winter Conference
Park supplies
Computer training
Refund overpayment assessment
Underground wire repair
Office supplies
Portable radio batteries
Computer maint
Fire Dept supplieslhumidifier
Part Ford Parks Cept
Grading Escrow refund
Publication
Curve Crest-Long Lk/62nd St Water
Annual Safety training contract
Animal control services
Office supplies
Tree stump removal service
Participant fees
Paint
Employment ad-Public Works
MN Manufacturers meeting
Repair unit 206
Publications/subscription/emply ad
CI Detailed reports
Concession supplies
Asphalt/tack
Install phone jacks
Repair unit 212
Office supplies
Repairs/Installation 4th & Hickory
Parts - Garage
Signslholders
1999 Assessment services
Computer programming
Materials Fire Prevention Week
-.
.
585.06
49.29
105.79
165.00
178.00
85.00
200.00
63.36
270.00
90.00
3.16
990.00
803.97
85.46
71.31
84.36
184.00
329.93
10.00
4,750.00
44.35
379,332.65
6,106.00
1,710.39
172.63
191.70
195.30
372.01
648.00
15.00
622.06
381.10
31.00
114.64
486.23
393.31
99.00
474.46
10,410.3834.30
71.21
56,617.55
380.00
290.00
.
.
,
. LIST OF BILLS EXHIBIT nAn TO RESOLUTION 99-311
.
.
MANUAL CHECKS OCTOBER 1999
Appletree Institute
Munici-Pals
Rivard, Burt & Joalice
US Postal Service
ADDENDUM TO BILLS
Ace Hardware
Metropolitan Council
Northern States Power
Preservation Alliance of MN
Tower Asphalt Inc
US West
Waste Management
Adopted by the City Council this
2nd day of Novemeber, 1999
Page 3
Health Insurance retirees
1999 Fall Banquet
Earnest money land purchase
Utility billing/newsletter postage
Supplies-Sewer Dept
October 99 WAC Charges
Electicity/Gas
Annual meeting
1999 Streets
Telephone
Oct 99 garbage/recycling
TOTAL
10,334.70
440.00
5,000.00
1,796.54
30.85
19,092.15
15,514.83
70.00
54,809.70
1,510.26
103,960.89
742,653.91
.
.
.
Memo
To:
Honorable Mayor and Council Members
From:
Kim Kallestad, Fire Chief
Date:
October 28, 1999
Subject:
Employment of Jeffrey Roettger
I recommend Jeffrey Roettger be hired as a Part-time On-call Firefighter to fill a vacancy
in the department. Please see the attached resolution. Hiring Jeff would return the fire
department's part-time staffing level to thirty.
RESOLUTION NO.
APPROVING EMPLOYMENT OF JEFFREY ROETTGER
AS PART-TIME ON-CALL FIRE FIGHTER
Attest:
pted by the Council this 2nd day of November, 1999.
Jay Kimble, Mayor
Modi Weldon, City Clerk
.
.
.
. ~Jij-~
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Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar St-Suite 133
St. Paul, MN 55101-5133
(651)296-6439 TDD (651)282-6555
APPLICATION AND PER1\UT
FOR A TEMPORARY ON-SALE LIQUOR LICENSE
of:
DATE ORGAl~1ZED
TAX EXEL'VlPT NUMBER
Will the applicant con~ct for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service.
l.J'~~ ~
13.,<~
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(NOTE: Insurance is not mandatory.)
APPROVAL
APPLICATION MrST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIDlG TO ALCOHOL & GA.,mll"{G E.'\"FORCEMENT
CITY/COlJ1'liTY DATE APPROVED
CITY FEE A."IOUNT LICENSE DATES
DATE FEE PAID
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED Alcohol & G.unbhng Enforcement DIrector
Note: Do not separate these two parts, send both parts to the address above and the original signed by this cfil'islon
"Ill be returned as the license. Submit to the city or County at least 30 days before the evenL
PS-09079 (6198)
L J!Tl. L 1 1 1 1
-------- -~ - -------- -------- -------- -------- --------
CITY OF STILLWA1ER CHAMBER OF COMMERCE
The Blue Moon is a fundraising event held at the Historic Washington County Court House.
Date - Feb. 29, 2000
Time - 6:30 -11:00 p.m.
Reason - The city chamber beatification committee is the benefactor of the event. Moneys have be spent
on the following in the past. Flowers on main. hanging baskets on main. Put up and take down of
Christmas lights, trash receptacles, and benches. This fund raiser will help tnaintain existing,projects.
Floor plan tentative floor plan
enter at main entrance check in and coat check
up stairs is where primary event functions will occur they include
silent auction
live auction
dance
dining
free bar
participants will pay to come UUlJe..event their price will include fnnd pnp wine.beer_entertainment.
'\
We have no special requests of other city departments.
.
r of Commerce
.
PO BOX 516, STILLWATER, MN 55082
PHONE 651-439-400 I . FAX' 651-439-4513 . E-MAIL CHAMBER@STLLWTR COM. WEB SITE HTTP IIWWW STLLWTR CO~f, CHA~fBER
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RESOLUTION NO.
APPROVAL OF AGREEMENT
BETWEEN THE CITY OF STILLWATER AND
LARSEN, ALLEN, WEISHAIR & CO.
FOR 1999 AUDITING SERVICES
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between
the City of Stillwater and Larson, Allen, Weishair & Co., for auditing services for the year
1999 for the City, at a cost of approximately $16,000 is hereby approved, and the appropriate
city staff is authorized to sign said Agreement.
Adopted by Council this 2nd day of November, 1999. .
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
LarsenAllen
Weishair & Co.
L L P
ACHIEVE THE DESIRED EFFECT
.
800 ~lInnesota World Trade Center
30 East Sc\'cnth Street
St Paul. ~I:-; 55101-4910
651/228-6300 Fa" 651/!28-('355
October 8, 1999
\\ \\W Idt5ondllc:n.com
To the Honorable Mayor and
Members of the City Council
City of Stillwater
216 N Fourth Street
Stillwater MN 55082
We are pleased to confirm our understanding of the services we are to provide City of Stillwater for the
year ended December 31, 1999. We will audit the general purpose financial statements of City of
Stillwater as of and for the year ended December 31, 1999.
Audit Objectives
The objective of our audit is the expression of an opinion as to whether your general purpose financial
statements are fairly presented, in all material respects, in conformity with generally accepted
accounting principles and to report on the fairness of the additional information referred to in the first.
paragraph when considered in relation to the general purpose financial statements taken as a whole.
Our audit will be conducted in accordance with generally accepted auditing standards and the
standards for financial audits contained in Government Auditing Standards, issued by the Comptroller
General of the United States, and will include tests of the accounting records of City of Stillwater and
other procedures we consider necessary to enable us to express such an opinion. If our opinion on the
general purpose financial statements is other than unqualified, we will fully discuss the reasons with
you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have
not formed an opinion, we may decline to express an opinion or to issue a report as a result of this
engagement.
We will also provide reports (that do not include opinions) on internal control related to the financial
statements and compliance with laws, regulations, and the provisions or grant agreements,
noncompliance with which could have a material effect on the financial statements as required by
Government Auditing Standards.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for compliance with
laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by
management are required to assess the expected benefits and related costs of the controls. The
objectives of internal control are to provide management with reasonable, but not absolute, assurance
that assets are safeguarded against loss from unauthorized use or disposition, that transactions are
executed in accordance with management's authorizations and recorded properly to permit the
preparation of general purpose financial statements in accordance with generally accepted accounting.
principles.
lJu~lnc:~~ ClJn,nlunt' Cl.:rtltJc:d P Jill". \\.l..uuntJnt\
City of Stillwater
October 8, 1999
Page 2
.
Management is responsible for making all financial records and related information available to us. We
understand that you will provide us with such information required for our audit and that you are
responsible for the accuracy and completeness of that information. We will advise you about
appropriate accounting principles and their application and will assist in the preparation of your financial
statements, but the responsibility for the financial statements remains with you. That responsibility
includes the establishment and maintenance of adequate records and effective internal control over
financial reporting, the selection and application of accounting principles, and the safeguarding of
assets.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactio.,s to be
examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather
than absolute assurance about whether the financial statements are free of material misstatement,
whether caused by error or fraud. Because of the concept of reasonable assurance and because we
will not perform a detailed examination of all transactions, there is a risk that a material misstatement
may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud, or
other illegal acts that are immaterial to the general purpose financial statements. However, we will
inform you of any material errors and any fraud that comes to our attention. We will also inform you of
any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as
auditors is limited to the period covered by our audit and does not extend to matters that might arise
. during any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals,
creditors, and financial institutions. We will request written representations from your attorneys as part
of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,
we will also require certain written representations from you about the financial statements and related
matters.
Identifying and ensuring that City of Stillwater complies with laws, regulations, contracts, and
agreements is the responsibility of management. As part of obtaining reasonable assurance about
whether the general purpose financial statements are free of material misstatement, we will perform
tests of City of Stillwater's compliance with applicable laws and regulations and the provisions of
contracts and agreements. However, the objective of our audit will not be to provide an opinion on
overall compliance and we will not express such an opinion.
An audit of the general purpose financial statements performed in accordance with generally accepted
auditing standards is not designed to determine whether the computer systems of City of Stillwater are
year 2000 compliant, or to provide any assurance on whether the City as addressed all of the affected
systems on a timely basis. Further, we have no responsibility with regard to the systems of vendors,
service providers, or any other third parties. These are responsibilities of the City's management.
.However, we may choose to communicate matters that come to our attention relating to the Year 2000
Issue.
City of Stillwater
October 8, 1999
Page 3
.
Additionally, sufficient audit evidence generally does not exist to support a City's
supplementary information disclosures with respect to the Year 2000 issue in accordance with
GASB Technical Bulletin 99-1, Disclosures about Year 2000 Issues. Therefore, our auditor's
report will include an explanatory paragraph stating that such information has not been
audited. If the City elects not to include the disclosures required by TB 99-1, we will state in an
explanatory paragraph that the disclosures have been omitted.
Audit Procedures-Internal Controls
In planning and performing our audit, we will consider the internal control sufficient to plan the audit in
order to determine the nature, timing, and extent of our auditing procedures for the purpose of
ex~ressing our opinion on City of Stillwater's general purpose financial statements.
We will obtain an understanding of the design of the relevant controls and whether they have been
placed in operation, and we will assess control risk. Tests of controls may be performed to test the
effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud
that are material to the general purpose financial statements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters that have a direct and
material effect on the general purpose financial statements. (Tests of controls are required only if
control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than
would be necessary to render an opinion on internal control and, accordingly, no opinion will be
~~. .
An audit is not designed to provide assurance on internal control or to identify reportable conditions.
However, we will inform the governing body or audit committee of any matters involving internal control
and its operation that we consider to be reportable conditions under standards established by the
American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our
attention relating to significant deficiencies in the design or operation of the internal control that, in our
judgment, could adversely affect the entity's ability to record, process, summarize, and report financial
data consistent with the assertions of management in the general purpose financial statements.
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and will
locate any invoices selected by us for testing.
The workpapers for this engagement are the property of Larson, Allen, Weishair & Co., LLP and
constitute confidential information. However, we may be requested to make certain workpapers
available to the Office of the State Auditor pursuant to authority given to it by law or regulation. If
requested, access to such workpapers will be provided under the supervision of Larson, Allen, Weishair
& Co., LLP personnel. Furthermore, upon request, we may provide photocopies of selected
workpapers to the Office of the State Auditor. The Office of the State Auditor may intend, or decide, to
distribute the photocopies or information contained therein to others, including other governmental
agencies.
.
City of Stillwater
October 8, 1999
Page 4
.
Our fee for these services will be $15,550 plus out-of-pocket costs (such as postage, travel, copies.
telephone, etc.) Our invoices for these fees will be rendered each month as work progresses and are
payable on presentation. The above fee is based on anticipated cooperation from your personnel and
the assumption that unexpected circumstances will not be encountered during the audit. If significant
additional fees are necessary, we will discuss it with you and arrive at a mutually agreeable new fee
amount.
Government Auditing Standards require that we provide you with a copy of our most recent quality
control review report. Our November 1998 peer review report accompanies this letter.
We appreciate the opportunity to be of service to City of Stillwater and believe this letter accurately
summarizes the s~gnificant terms of our engagement. If you have any questions, please let us know. If
you agree with the terms of our engagement as described in this letter, please sign the enclosed copy
and return it to us.
Very truly yours,
TPKlpsm
Enclosures
RESPONSE:
This letter correctly sets forth the understanding of City of Stillwater.
By:
Title:
Date:
. 'cu"'"'''''''''''''- DOC
~....
CROWE CHIZEK
.
To the Principals
LARSON, ALLEN, WEISHAIR & CO., LLP
We have reviewed the system of quality control for the accounting and auditing practice of LARSON,
ALLEN, WEISHAIR & CO., LLP (the Firm) in effect for the year ended March 31, 1998. A system of
quality control encompasses the Firm's organizational structure and the policies adopted and procedures
established to provide it with reasonable assurance of complying with professional standards. The elements
of quality control are described in the Statements on Quality Control Standards issued by the American
Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it,
are the responsibilities of the Firm. In addition, the Firm has agreed to comply with the membership require-
ments of the SEC Practice Section of the AICP A Division for CPA Firms (the Section). Our responsibility
is to express an opinion on the design of the system, and the Firm's compliance with that system and the
Section's membership requirements based on our review.
Our review was conducted in accordance with standards established by the Peer Review Committee of the
Section. In performing our review, we obtained an understanding of the system of quality control for the
Finn's accounting and auditing practice. In addition, we tested compliance with the Firm's quality control
policies and procedures and with the membership requirements of the Section to the extent we considered
appropriate. These tests covered the application of the Firm's policies and procedures on selected engage-
ments. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in
the system of quality control or all instances of lack of compliance with it or with the membership require-
ments of the Section. As is customary in a peer review, we are issuing a letter under this date that sets forth
comments relating to certain policies and procedures or compliance with them. These matters were not
considered to be of sufficient significance to affect the opinion expressed in this report.
.
Because there are inherent limitations in the effectiveness of any system of quality control. depanures from
the system may occur and not be detected. Also. projection of any evaluation of a system of quality control
to future periods is subject to the risk that the system of quality control may become inadequate because of
changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice of LARSON, ALLEN,
WEISHAIR & CO., LLP in effect for the year ended March 31,1998, has been designed to meet the require-
ments of the quality control standards for an accounting and auditing practice established by the AICP A,
and was complied with during the year then ended to provide the Firm with reasonable assurance of com-
plying with professional standards. Also, in our opinion, the Firm has complied with the membership re-
quirements of the Section in all material respects.
c~e41 aJC~.t.LP
Crowe. Chiz~k and Company U.P
.
South Bend. Indiana
October 2, 1998
CROWE. CHIZEK AND COMPANY LLP
330 E-\ST lEFFERSO~ BOULEVARD POST OFFICE BO"( 7 SOL'TH BE.....'O INDIA="A -l661.J 119131 3991 F-\X 119 136 8691
I~.~*
. Ir-:'.'''-.;'' ", a:"._..... 1.'.9'"-''' ..I
.
Mem.omndurn
To: Mayor Kimble and City Council Members
cc: Nile Kriesel
From: Police Chief Larry Dauffenbach
D-= 10/28/99
Re: Extended Warranty 1999 Crown Victoria Squad Cars
.-
The extended warranties for the 1999 Crown Victoria squad cars have not yet
been purchased. I would like to purchase a combination extended warranty and
maintenance agreement. The extended warranty would be a 3 year 75 thousand mile
~ on the drive tram tmly. The maintenance agreement would be a prepaid
maintenance plan. This would cover any other repair not covered under the
extended warranty.
I have budgeted $3,350 per vehicle for the extended warranty. The cost of the
extended warranty and maintenance program-is $3,350 per vehicle; We have three
vehicles that need the contracts. The service would be performed at Stillwater Ford.
.
1
RESOLUTION NO.
APPROVING PURCHASE OF MAINTENANCE AGREEMENT
AND EXTENDED WARRANTIES FOR 1999 CROWN VICTORIA SQUAD CARS
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the purchase of a
combined extended warranty and maintenance agreement, at a cost of $3,350 per vehicle for
three 1999 Crown Victoria squad cars, is hereby approved.
Adopted by Council this 2nd day of November, 1999.
Jay Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
.
.
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Councilmember introduced the following
resolution, the reading of which was dispensed with by unanimous consent, and moved its
adoption:
RESOLUTION NO.
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE
PROPOSED CREATION BY THE CITY OF DEVELOPMENT
DISTRICT NO.2 AND OF THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO.2 AND THE PROPOSED
ESTABLISHMENT OF TAX INCREMENT FINANCING
DISTRICT NO.8 AND THE ADOPTION OF THE TAX
INCREMENT FINANCING PLAN RELATING THERETO, ALL
LOCATED WITH..lN DEVELOPMENT DISTRICT NO.2
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 shall meet on Tuesday, December 21, 1999,
at approximately 7:00 p.m., to hold a public hearing on the following matters: (a) the
establishment of Development District No.2 pursuant to Minnesota Statutes, Sections 469.124 to
469.134 and the establishment of Tax Increment Financing District No.8 (a Housing District)
pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.179. The
Development Program for proposed Development District No. 2 and the financing plans for
proposed Tax Increment Financing District No.8, are referred to as (the "Plans).
Section 2. Notice of Hearing: Filing of Program. The City Clerk is authorized and
directed to cause notice of the hearing, substantially in the form attached hereto as Exhibit "A",
to be given as required by law, to distribute copies of the proposed Development programs for
Development District No. 2 and the financing plans for Tax Increment Financing District No. 8
(the "Plans") to the Board of Commissioners of Washington County and the School Board of
Independent School District No. 834, to place a copy of the Plans on file in the City Clerk's
Office at City Hall and to make such copy available for inspection by the public no later than
November 21, 1999.
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember . and ~pon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted by the Council of the City of
Stillwater, Minnesota on November , 1999.
Jay L. Kimble, Mayor
Attest:
Morli Weldon, City Clerk
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2
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THE CITY OF STll.LWATER
DEVELOPMENT PROGRAM
DR4Fr
for
DEVELOPMENT DISTRICT NO.2
and
THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO.8
AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN
TAX INCREMENT FINANCING DISTRICT NO.8
IN
DEVELOPMENT DISTRIcr NO.2
Public Hearing for consideration of adoption
December 21, 1999
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS............. ........ ...... ........... ......... ................ ..... ................................ 1
Section 1.01. Definitions................ .............................. .................... ..................................... 1
ARTICLE 2 - STATEMENT OF NEED, PUBLIC PURPOSE AND AUTHORITY ..................2
Section 201. Statement of Need and Public Purpose. ........................ ...................................2
Section 2.02. Development Districts; Statutory Authority......................... .............. ..............3
Section 2.03. Tax Increment Financing Districts; Statutory Authority. ..................................3
ARTICLE 3 - STATEMENT OF GOALS AND OBJECTIVES ................................................3
Section 3.01. Statement of Goals. ...... ..... ..... ....... ...... ........ ........ ..... ........................................3
Section 3.02. Statement of Objectives. ............................... ................ .................. ........ .........3
Section 3.03. Actions to Accomplish Objectives....................................................................4
Section 3.04. Public Improvements; Public Costs; Costs. ......................................................5
Section 3.05. Environmental Controls. ......... ........ .... ............................................................. 5
Section 3.06. Proposed Reuse of Property. .. ............. ........................ .......... ...........................5
Section 3.07. Rehabilitation................ .... ...... ........ ................ .......... .......... ............................. 5
Section 3.08. Relocation.. .... ....... ......... ..... ..... ....... ................ ........... ....... ...............................5
ARTICLE 4 - TAX INCREMENT FINANCING PLAN NO 8.................................................5
Section 4.01. Statement of Goals and Objectives. ..................................................................5
Section 4.02. Statement Actions to Accomplish Objectives. ..................................................6
Section 4.03. Land to be Included in Financing District NO.8. .............................................. 6
Section 4.04. Property to be Acquired. ..................................................................................6
Section 4.05. Development Activity for which Contracts Have Been Signed. ........................ 6
Section 4.06. Specific Development Expected to Occur Within the District No.8;
Need for Tax Increment Financing. ... ..............................................................6
Section 4.07. Estimated Public Costs.. .... ........... ......... ...........................................................6
Section 4.08. Estimated Amount of Bonded Indebtedness. .................................................... 7
Section 4.09. Sources of Revenue. .......... ..... ...... ........... .... ......... ... .........................................7
Section 4.10. Original Tax Capacity Value. ............................................................... ............7
Section 4.11. Estimated Captured Tax Capacity Value and Computation of Tax
Increment. ............................... ........................ ............ .................................7
Section 4.12. Duration of Financing District NO.8. ............................................................... 8
Section 4.13. Estimated Impact of Tax Increment Financing. ................................................ 8
Section 4.14. Fiscal Disparity Contributions. ......................................................................... 8
Section 4.15. Cash Flow Analysis. ..... ............ .... ...... ........... .......... ........................................ 8
Section 4.16. Use of Tax Increment.. ...... ..... ............. ................ ............ ............................... 8
Section 4.17 Excess Tax Increments. .......... ..... ...... ............................................... .............. 9
Section 4.18 Administration of Tax Increment Financing District......................................... 9
EXInBITS "A" AND "B"
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.
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ARTICLE 1-
DEFINITIONS
Section 1.01. Definitions. The terms defined below shall, for purposes of this
Development Program and all related tax increment financing plans, have the meanings specified
herein.
"Bonds" means Tax Increment Bonds or General Obligation Improvement Bonds issued
by the City to finance the cost of public improvements in Development District No.2.
"City" means the City of Stillwater, a municipal corporation and political subdivision of
the State of Minnesota.
"Comprehensive Plan" means the City's Comprehensive Plan which contains the
objectives, policies, standards and programs to guide public and private land use, development,
redevelopment and preservation for all lands and water within the City, as approved by the
Metropolitan Council from time to time.
"Council" means the City Council of the City.
"County" means the County of Washington, Minnesota.
"Development District Act" means Minn. Stat., ~~ 469.124 through 469.134, as amended
from time to time.
"Development District No.2" means Development District No.2 in the City, which has
been established pursuant to and in accordance with the Development District Act.
"Development Program" means this Development Program for Development District
No.2, as amended from time to time. As defined in Minn. Stat., ~ 469.125, Subdivision 3, a
development program is a statement of objectives of the City for improvement of a development
district which contains a complete statement as to the public facilities to be constructed within
the district, the open space to be created, the environmental controls to be applied, the proposed
reuse of private property and the proposed operations of the district after the capital
improvements within the district have been completed.
"Financing District No.8" means Tax Increment Financing District No. 8 of the City
which is established within Development District No.2 pursuant to the Tax Increment Financing
Act, and comprises the area described in the attached Exhibit "A".
"Financing Plan No.8" means the tax increment financing plan adopted for FinalJdng
District No.8, which is set forth in Article IV, as amended from time to time.
"Public Costs" means the cost of all public improvements to be constructed in aid of
Development District No.2, and all other costs to be incurred by the City in aid of Development
District No.8, as shown in Financing Plan No.8.
"State" means the State of Minnesota.
"Tax Increment Bonds" means any general obligation or revenue bonds to be issued by .
the City pursuant to the Tax Increment Financing Act to finance the Public costs incurred and to
be incurred by the City in and of Development District No.2 as stated in the Development
Program, Financing Plan No.8, and any tax increment financing plan hereafter adopted with
respect to any other tax increment financing district established within Development District
No.2. the term "Tax Increment Bonds" also includes any obligations issued to refund the Tax
Increment Bonds.
"Tax Increment Financing District" means any tax increment financing district
established or to be established in the future in Development District NO.2.
"Tax Increment Financing Act" means Minn. Stat., ~ 469.174 through 469.179, as
amended from time to time.
"Tax Increment Financing Plan" means any tax increment financing plan adopted with
respect to a Tax Increment Financing District.
ARTICLE 2-
STATE:MENT OF NEED, PUBLIC PURPOSE AND AUTHORITY
Section 2.01. Statement of Need and Public Puq>ose. The City Council of the City
has determined that there is a need for the City to take certain actions designed to encourage,
ensure and facilitate development and redevelopment by the private sector of underutilized and
unused land located within the corporate limits of the City, in order to provide additional housing
opportunities for residents of the City and the surrounding area, to improve the tax base of the
City, Independent School District No. 834 (the School District) and Washington County (the
County), thereby enabling them to better utilize existing public facilities and provide needed
public services, and to improve the general economy of the City, the County and the State.
Specifically, the City Council has determined that the property within Development District
No.2 is either underutilized or unused due to a variety of factors, including due to a variety of
factors, including fragmented ownership of the property, inadequate and multiple zoning of the
property, excessive property cost comprising costs of clearance, grading and soil correction, and
inadequate public improvements to serve the property; all of which have resulted in a lack of
private investment; that, as a result, the property is not providing adequate housing opportunities,
and is not contributing to the tax base and general economy of the City, the School District, the
County and the State to its full potential; and, therefore, that it is necessary for the City to exercise
its authority under the Development District Act and the Tax Increment Financing Act to develop,
implement and finance a program designed to encourage, ensure and facilitate the development
and redevelopment of the property located in Development District No.2 into low and moderate
income housing units and to further accomplish the public purposes specified in this paragraph.
The development proposed for the Development District No.2 would not occur solely
through private investment in the foreseeable future; Increment Financing Plan No. 8 is
consistent with the Development Program; and the Financing Plan No.8 will afford maximum
opportunity, consistent with the sound needs of the City as a whole, for the development or
redevelopment of the property located in Financing District No 8 and the Development District
NO.2 by private enterprise.
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The welfare of the City, the County and the State of Minnesota requires active promotion,
attraction, encouragement and development of economically sound industry and commerce by
the City.
Section 2.02. Development Districts: Statutory Authority. The Development
District Act authorizes the City upon certain findings by the City Council, to establish and
designate development districts within the City and to establish, develop and administer
development programs, therefor~ to meet the needs and accomplish the public purposes
specified in Section 2.01. In accordance with the purposes set forth in Section 469.124 of the
Development District Act, the City Council has established Development District No.2.
Section 2.03. Tax Increment Financing Districts: Statutory Authority. The Tax
Increment Financing Act authorizes the City, upon certain findings by the City Council, to
establish and designate tax increment financing districts within Development District No. 2 and
to adopt and implement a tax increment financing plan to accomplish the Development Program
established for Development District No.2.
ARTICLE 3-
STATEMENT OF GOALS AND OBJECTIVES
Section 3.01. Statement of Goals. The Council determines that the establishment of
Development District NO.2 and the establishment of Tax Increment Financing District No. 8
therein will provide the City with the ability to achieve certain public goals and objectives not
otherwise obtainable in the foreseeable future without City intervention in the normal
development process. These goals include (a) restoring and improving the tax base and tax
revenue generating capacity of Development District No. 2; (b) increasing employment
opportunities and employment in the City; (c) increasing the supply of all types and levels of
housing in the City, including housing affordable by persons of low and moderate income; (d)
realizing comprehensive planning goals; (e) removing blighted conditions; and (t) revitalizing
the property within Development District No. 2 to create an attractive, comfortable, convenient,
and efficient area for industrial, commercial, governmental, convention, affordable housing and
related uses.
Section 3.02. Statement of Objectives. The City seeks to achieve the following
program objectives in Development District No.2:
1. Secure the prompt development of property in Development District NO.2
for its highest and best use, in a manner consistent with the City's Comprehensive Plan
and with a minimum of adverse impact on the environment, and thereby promote and
secure the development of other land in the City.
2. Secure additional employment opportunities within Development District
No.2 and the City for residents of the City and the surrounding area, thereby improving
living standards, reducing unemployment and the loss of skilled and unskilled labor and
other human resources in the City.
3. Secure the increase of real property subject to ad valorem taxation by the
City, Independent School District No. 834, Washington County, and other taxing
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jurisdictions, in order to better enable such entities to pay for governmental services and
programs required to be provided by them.
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4. Provide for the financing and construction of public improvements in and
adjacent to Development District No.2, necessary for the orderly and beneficial
development of Development District No.2 and adjacent areas of the City.
5. Secure appropriate development in Development District NO.2 so as to
maintain the area in a manner compatible with its accessibility and prominence in the
City.
6. Secure expansion, improvement, and development of existing businesses
in Development District No.2 and the City.
7. Create a desirable and unique character within Development District No.2
through quality land use alternatives.
8 Provide maximum opportunity for private redevelopment of existing areas
and structures which are compatible with the Development Program.
9. Provide for housing intended for occupancy in part by persons or families
with low and moderate income as defined in Chapter 462A, Title IT of the National
Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act
of 1937, as amended, Title V of the Housing Act of 1949, as amended, and any other
similar present or future federal, state or municipal laws or rules promulgated under those
acts.
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Section 3.03. Actions to Accomplish Objectives. Actions to be taken by the City to
accomplish the goals and objectives set forth in Section 3.01 and Section 3.02 included:
1. Acquiring property or property rights which is vacant, unused, underused,
or inappropriately used for new or expanding uses as well as housing uses.
2 Acquire property containing structurally substandard buildings and
remove structurally substandard buildings for which rehabilitation is not feasible.
3. Resell property described in paragraphs 1 and 2 for development or
redevelopment consistent with the Development Program.
4. Encourage the renovation and expansion of existing structures.
5. Eliminating blighting influences which impede potential development.
6. Acquisition of property for park and trail purposes and providing park and
trail improvements to compliment private development.
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7. Constructing road, bridge, sanitary sewer, water, storm sewer and other
local improvements needed to serve existing and proposed development consistent with
the Development Program and the Comprehensive Plan.
8. Pay principal and interest on General Obligation Improvement Bonds
pursuant to Minnesota Statutes, Chapter 429 and General Obligation Tax Increment
Bonds pursuant to the Tax Increment Financing Act to finance the cost of local
improvements constructed to serve Development District No.2, and other public costs
incurred and to be incurred by the City in and of the District in accordance with State
law.
Section 3.04. Public Improvements: Public Costs: Costs. The public improvements
to be made within Development District No. 2 include sanitary sewer, water, storm sewer, road,
bridge, recreational, parking and park and open space improvements.
Section 3.05. Environmental Controls. The proposed development activities in the
Development District are not expected to present significant environmental concerns. However,
all municipal actions, public improvements and private development shall be carried out in a
manner consistent with all applicable federal and state environmental controls and standards, all
necessary documents relating to environmental impacts shall be prepared, and all necessary
authorizations relating to environmental matters shall be obtained.
Section 3.06. Proposed Reuse of Property. The Development Program does not
contemplate the acquisition of private property until such time as a private developer presents an
economically feasible program for the reuse of that property. Proposals, in order to be
considered, must be within the framework of the goals and objectives set forth in Section 3.01
and Section 3.02. Prior to formal consideration of the acquisition of any property, the City
Council will require a binding contract, performance bond or other evidence or guarantees that a
supporting tax increment or other funds will be available to repay the public cost associated with
the proposed acquisition. It is the intent of the City to negotiate the acquisition of property
whenever necessary. Appropriate restrictions regarding the reuse and redevelopment of property
shall be incorporated into any land sale contract or development agreement to which the City is a
part.
Section 3.07. Rehabilitation. Owners of properties within Development District
No.2 will be encouraged to rehabilitate their properties to conform with the applicable state and
local codes and ordinances, as well as any design standards.
Section 3.08. Relocation. The City accepts its responsibility for providing for
relocation assistance pursuant to the Development District Act and the Tax Increment Financing
Act.
ARTICLE 4-
TAX INCREMENT FINANCING PLAN NO.8
Section 4.01. Statement of Goals and Objectives. See Sections 3.01 and 3.02, of the
Development Program for Development District No.2 for a statement of goals and objectives for
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Financing District No.8. Further, the District is created as a Housing District within the
meaning of Minn. Stat. ~ 469.174, subd. 11
Section 4.02. Statement Actions to Accomplish Objectives. See Section 3.03 of the
Development Program for Development District No. 2 for a statement of the actions to be taken
by the City to accomplish the goals and objectives set forth in Article ill of the Development
Program for Development District No.2.
Section 4.03. Land to be Included in Financing District No.8. The Land to be
included in Financing District NO.8 is described on the attached Exhibit "A".
Section 4.04. Property to be Acquired. The City will acquire approximately 5.01
acres of land within the District for use as park trails and open space all of which will be
beneficial and complementary to the housing proposed for the District.
Section 4.05. Development Activity for which Contracts Have Been Signed. As of
the date of adoption of this Financing Plan No.8, the City has entered into a Development
Agreement with ANCHOBA YPRO, INC., a Minnesota corporation, for the development of the
land in Financing District No.8 as a Housing District, however, no tax increment funds have
been expended pursuant to that agreement.
Section 4.06. Specific Development Expected to Occur Within the District No.8.
Need for Tax Increment Financing. The development activities proposed to take place within the
project include the construction by ANCHOBAYPRO of thirteen (13) single family detached
homes and eighty-six (86) townhomes and the construction of streets, sanitary sewer mains and
services, water mains and services, and storm sewer facilities and services necessary to serve the
project. The proposed development, in the opinion of the City, could not reasonably be expected
to occur solely through private investment within the reasonably foreseeable future, and thus the
use of tax increment financing to assist the proposed development is necessary. This
determination is based upon studies made by the City as to the cost of providing sewer and water
service to the land in Financing District No. 8 and Development District No.2, a storm water and
drainage control study done for the District, and planning studies of the area that were done in
preparation for the Comprehensive Plan Amendment recently submitted to the Metropolitan
Council for review.
Section 4.07. Estimated Public Costs. The estimated total Public Cost of
improvements to be made and other public actions required to be taken within Tax Increment
Financing District No. 8 is estimated to be not less than $ and includes:
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Sewer and Water Improvements
Parking Lot Construction
Land Acquisition
Storm Sewer
Park and Pathway Improvements
Soil Corrections
Contingencies
Capitalized Interest
Discount
Legal/Fiscal/ Administration
Retaining Wall
$
Total Estimated Public Costs
$
The Public Costs set forth above are estimates and the amounts allocated to any item may be
reallocated among any of the other items set forth above.
Section 4.08. Estimated Amount of Bonded Indebtedness. It is anticipated that
Bonds will be issued to fmance the estimated Public Costs to be incurred with respect to
Financing District No.8. Further, some Public Costs will be paid by developer funds, and
eligible expenses incurred by the developer for these purposes will be reimbursed to the
developer from tax increment funds generated by the District.
Section 4.09. Sources of Revenue. The revenues to be used to pay the Public Costs
in Financing District No.8 are Tax Increments, special assessments, sewer and water revenues
and ad valorem taxes.
Section 4.10. Original Tax Capacity Value. The original tax capacity value of all
taxable property in Financing District No.8 as most recently certified by the Commissioner of
Revenue of the State of Minnesota, being the certification made in 1998 with respect to the tax
capacity value of such property as of January 2, 1999, for taxes payable in 1999 is estimated to
be $
Section 4.11. Estimated Captured Tax Caoacity Value and Comoutation of Tax
Increment. Each year the County Auditor will measure the amount of increase or decrease in the
total tax capacity value of taxable property in Financing District No.8 to calculate the Tax
Increments payable to the City in any year in which there is an increase in total tax capacity
value in Financing District No.8 above the original tax capacity value, Tax Increments will be
payable to the City. In any year in which the total tax capacity value in Financing District No.8
declines below the original tax capacity value, no tax capacity value will be captured from
Financing District No.8 and no Tax Increments will be payable therefrom.
The County Auditor shall certify in each year after the date of the original tax capacity
values were certified, the amount the original tax capacity values have increased or decreased as
a result of:
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1. changes in tax exempt status of property;
2. reductions or enlargements of the geographic boundaries of Financing
District No.8; and
3. changes due to stipulations, adjustments, negotiated or court-ordered
abatements.
Upon completion of the development expected to occur in Financing District No.8, the
City estimates the increase in market value of taxable property in Financing District No.8 will
be approximately $
The captured net tax capacity value upon completion of development is expected to be
approximately $ . The Tax Increments will be captured for up to 25
years from receipt of the first Tax Increments. The City determines that 100% of the available
increase in tax capacity value of Financing District No.8 shall be used in accordance with this
Financing Plan No.8.
Section 4.12. Duration of Financing District No.8. The Tax Increment Financing
Act allows Housing Districts to remain in existence for a period of 25 years from the receipt of
the first tax increments. Therefore, Financing District No.8 may remain in effect until 25 years
from the receipt of the first tax increments, or until such earlier date as all Public Costs have
been paid in accordance with this Financing Plan No.8.
Section 4.13. Estimated ImDact of Tax Increment Financing. The Tax Increment
Financing Act requires that tax increment fmancing plans estimate the impact of a proposed
district on the affected taxing jurisdictions. There will be no adverse impact on the other taxing
jurisdictions during the term of Financing District No. 8 since the development would not have
occurred without the creation of Financing District No.8 and the provision of public assistance.
A positive impact on other taxing jurisdictions will occur when Financing District No.8 is
decertified and the development in Financing District No.8 becomes part of the tax base of all
affected taxing jurisdictions. When this occurs, the tax capacity rates of the taxing jurisdictions
will be lower than they would have been had Financing District No.8 not been established. The
estimated impact of Financing District No. 8 on taxing jurisdictions other than the City is set
forth on attached Exhibit "B".
Section 4.14. Fiscal DisDaritv Contributions. Applicable Fiscal Disparity
Contributions for Tax Increment District No.8 will be made from within the District.
Section 4.15.
Cash Flow Analysis. See attached Exhibit "B".
Section 4.16. Use of Tax Increment. The City hereby determines that it will use
100% of the captured tax capacity value of taxable property located in Financing District No.8
for the following activities:
I. to finance or otherwise pay Public Costs set forth in the Tax Increment
Financing Plan.
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2. to reimburse developers for eligible costs incurred as defined in the Tax
Increment Financing Act.
3. return the excess to the County Auditor for redistribution to the respective
taxing jurisdictions in proportion to their tax capacity rate.
Tax Increments shall not be used to circumvent levy limitations applicable to the City or
for other purposes prohibited by Section 469.176, Subdivision 4 of the Tax Increment Financing
Act.
Section 4.17. Excess Tax Increments. Pursuant to the Tax Increment Financing Act,
in any year in which the Tax Increments exceed the amount necessary to pay the Public Costs
authorized by the Development Program and this Financing Plan, including the amount
necessary to cancel any tax levy as provided in Minn. Stat., ~ 475.61, Subdivision 3, the City
shall use the excess amount to:
1. return the excess to the County Auditor for redistribution to the respective
taxing jurisdictions in proportion to their mill rate.
In addition, the City may choose to modify its Financing Plan No.8 in order to finance
additional Public Costs of Development District No.2.
Section 4.18. Administration of Tax Increment Financina District. Administration
of Financing District No.8 will be handled by the City Financial Director.
The Tax Increments received as a result of increases in the tax capacity values of
Financing District No.8 will be maintained in a special account separate from all other
municipal accounts and expended only upon municipal activities identified in the Development
Program and this Financing Plan No.8.
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RESOLUTION NO. 99-
APPROVING PERMANENT EMPLOYMENT
OF
ADMINISTRATIVE ASSISTANT
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the permanent
full-time employment of Chantell Kadin, Administrative Assistant, from and after November 9,
1999, having served a probationary period of one year, is hereby approved.
Adopted by Council this 2nd day of November 1999.
Jay L. Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
MEMORANDUM
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TO: Mayor and Council
FR: City Coordinator
RE: Permanent employment
of Chantell Kadin, Admin. Asst.
DA: October 29, 1999
Discussion:
The consent agenda includes a resolution establishing the permanent employment of Chantell
Kadin as Administrative Assistant. Chantell was hired on November 9, 1998 and her one year
probationary period ends on November 9, 1999.
During the past year Chantell has worked on a variety of projects and has performed many duties
related to her position including but not limited to the following:
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RECRUITINGIHIRING
· Provide orientation to all new employees
· Lead Worker (January 1999)
· Sr. Account Clerk (December 1998 - February 1999)
· PT Secretary/Dispatcher I (January - February 1999)
· Seasonal Patrol Officer (February - March 1999)
· Engineering Technician II (February - March 1999)
· Asst. Building Inspector (March 1999)
· Police Captain (March - April 1999)
· Patrol Officer (March - May 1999)
· Police Sergeant (May 1999)
· Public Works Seasonal (May 1999)
· PT, On-call Firefighter (May/June 1999)
· PT, On-call Asst. Fire Chief(May/June 1999)
· Building Maintenance Worker (July 1999)
· Patrol Officer (August 1999)
· Police Sergeant (August 1999)
· Sr. Account Clerk - Payroll (August/September 1999)
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. Secretary - Engineering/Public Works (October 1999)
. PT, On-call Fire Captain (October 1999)
. Established system to advertise position openings on the City's website. City job application
also available to be printed off City's website resulting in candidates receiving applications
faster and postage and staff cost savings to the City.
BENEFITS ADMINISTRATION
. Provide and research benefits information to all employees
. Discovered error in health insurance resulting in a needed refund of $7,286
. BC/BS Open Enrollment (December 1998)
. AFLAC Open Enrollment (February 1999)
. Fortis L ill Open Enrollment (March 1999)
. Deferred Compensation Enrollment Session (July 1999)
. MBA Enrollment/Information Session (October 1999)
. Coordinated Unions information session to discuss 2000 hospital/medical insurance rates
(August 1999)
. Coordinate Flu Shots (for November 1999)
. Serve on SW /West Central Coop. Executive Board (August 1999 - present)
GENERAL PERSONNEL
. Administer Random Drug Testing in compliance with Federal Requirements for CDL
Employees (on-going)
. Assist in negotiating labor contracts (December - present)
. Assist in mediation and arbitration hearings
. Advise Department Heads on personnel issues (on-going)
. Provide orientation to all new employees (on-going)
. Timely completion of Pay Equity Report (Jan. 1999)
. Timely completion of Stanton Survey (March 1999)
. Timely administration of City's Workers' Compensation claims (on-going)
. Re-organize personnel files for legal conformance (on-going)
MAJOR PROJECTS
. Coordinate Y2k Readiness (December 1998 - December 1999)
. Re-classification of Admin. Support/MIS Specialist (December 1998)
. Coordinate OSHA Assessment/Inventory by Berkley Administrators (May - June 1999)
. Coordinated Personnel Issues Training for Dept. Heads (Sept. 1999)
. Secure OSHA consultants and establish training schedule (October 1999)
. Development of Drug Testing Policy (October 1999)
. Re-establish the City's Safety Committee (October 1999)
RESEARCH
. FLSA Issues
. FMLA use of sick leave
. Compensatory vs. Overtime payout
. Solid waste contracts
. Health insurance premiums
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TRAININGIPROFESSIONAL DEVELOPMENT
· Drug/Alcohol Policy Development (December 1998)
· Y2k Conference (December 1998)
· LMC Labor Relations Conference (January 1999)
. Public Sector Human Resources Certificate Program (January - October 1999)
· MuniciPals Winter Workshop (February 1999)
· LMC FLSA Basics Workshop (February 1999)
· MN Law Center Conference (February 1999)
· LMC Loss Control Workshop (April 1999)
· MN Safety Council - Effective Safety Committees (April 1999)
· MN Safety Council - OSHA Record Keepting (June 1999)
· Negotiation Workshop (August 1999)
· MPELRA Summer Conference (August 1999)
· TUG Member (Monthly)
· MAUMA Member
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BUILDING MAINTENANCE
· Oversee cleaning services (November 1998-August 1999)
· HV AC Issues (on-going)
· Coordinate lock changes (in progress)
· Investigate security system (in progress)
· Contact vendors (as needed)
· Coordinated elevator maintenance contract (October 1999)
· Coordinated HV AC and Boiler maintenance contracts (October 1999)
MISCELLANEOUS
· Coordinated conversion of phone lines from US West to McLeod USA for a substantial
savings over a period of 5 years (December 1999)
· Researched PC Solutions maintenance contract and saved City $4,656 annually by removing
unnecessary equipment (May 1999)
· Coordinate the publication and distribution of the City Newsletter
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. Write newsletter articles and press releases on Y2k
. Coordinate the publication of quarterly newsletter
. Monitor state and federal legislation on Y2k and personnel issues
. Assist in negotiating garbage contract renewal with a result in substantial rate reduction
. Assist in researching/coordinating the Library networking through City Hall
. Serve on MuniciPals Fall Banquet Planning Committee
. Coordinated the formation of the Tech Team for budget purposes (July 1999)
. Provide backup to reception desk (as needed)
(MAJOR) FUTURE PROJECTS
. Complete Draft Policy on Random and Reasonable Suspicion Drug Testing (November
1999)
. Persopnel Policy Update (2000)
. Provide Department Heads/Supervisors with in-house training (as requested)
. Continue to Chair City's Safety Committee and provide recommendations (on-going)
. OSHA 200 Log Compliance (2000)
. Continue Y2k Readiness coordination
. Coordinate Open Enrollment information session with BCIBS (November 1999)
. Complete re-organization of Personnel Files (2000)
I am very pleased with the work that Chantell has performed over the past year and I would
highly recommend the adoption of the attached resolution.
Recommendation:
Council adopt resolutions establishing permanent employment of Chantell Kaelin, Administrative
Assistant.
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RESOLUTION 99 -
APPROVING RENEWALS OF ON-SALE, OFF-SALE, CLUB,
'VINE, SUNDAY ON-SALE, ON-SALE 3.2%, OFF-SALE 3.2%
LIQUOR LICENSES FOR 2000
WHEREAS, requests for renewals have been requested by the following: and
WHEREAS, approval is contingent upon receipt of all required documentation, completion of
background investigations, and the fulfillment of all requirements for eligibility to hold a liquor
license in the City of Stillwater;
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves the renewals of the businesses listed below for On-sale, Off-sale, Club, Wine,
Sunday On-sale, On-sale 3.2%, Off-Sale 3.2% liquor licenses for 2000.
Business Name
License
Acapulco of Minnesota dba Acapulco Mexican Restaurant
American Legion
BPOE Lodge 179 dba Stillwater Lodge
Beach Blanket Bingo dba PD Pappys
Brine's, Inc. dba Brine's Bar & Restaurant
D& D of Minnesota dba Famous Dave's BBQ Shack
Dock Cafe Corporation dba Dock Cafe
EKS, Inc. dba Harbor Bar
The Elephant Walk
FTL Corporation dba MGM Liquor Warehouse
Food N Fuel, Inc. dba Food N Fuel
Freighthouse, Inc. dba Freighthouse
JLH, Inc. dba John's Bar
Kinsel's Inc. dba Kinsel's Liquor Store
Klemetsrud, Jeffrey C. dba Savories LLC
Kor, Kenny Ming dba Silver Lake Restaurant
LaRecolte, Inc. dba Harvest Restaurant and Inn
Loggers
Mad Capper Saloon & Eatery, Inc. dba Mad Capper
Meister Eileen dba Meister's Bar and Grill
Meister, Eileen dba South Hill Liquor Store
National Restaurants, Inc. dba Esteban's of Stillwater
Oak Glen Limited Partnership dba Oak Glen Country Club
On-Sale & Sunday
Club On-Sale & Sunday
Club On-Sale & Sunday
On-Sale & Sunday
On-Sale & Sunday
Wine w/Strong Beer
On-Sale & Sunday
On-Sale & Sunday
Wine
Off-Sale
Off-Sale 3.2%
On-Sale & Sunday
Off-Sale, On-Sale & Sunday
Off..Sale
Wine w/Strong Beer
Wine & 3.2% On-Sale
Wine w/Strong Beer
On-Sale & Sunday
On-Sale & Sunday
On-Sale
Off-Sale
On-Sale & Sunday
On-Sale & Sunday
Pmnacle Restaurant Group, LLC dba La Belle Vie
RIvertown Inn, LLC dba Rivertown Inn
St. Croix Boat and Packet Co. dba Cat Ballou's
St. Croix Boat and Packet Co. dba The Grand
St. Croix Preservation Co., Inc. dba Lumber Baron's Hotel
Semper Lowell Associates dba Lowell Inn
Stillwater Country Club, Inc.
Stillwater KC Hall, Inc. dba Stillwater KC Hall
Supervalu dba Cub Foods
Sutler's, Inc. dba Sutler's Wines & Spirits
The Chefs Gallery, LLC dba The Chefs Gallery
Tom Thumb Food Markets, Inc. dba Tom Thumb Store 219
Twin Cities Store, Inc. dba Oasis Market (Croixwood)
Twin Cities Store, Inc. dba Oasis Market (Greeley St.)
Vittorio's Inc. dba Vittorio's
Zahren Enterprises, Inc. dba Trumps Deluxe Bar and Grill
Adopted by Council this 2nd Day of November, 1999.
Wine w/Strong Beer
Wine
On-Sale & Sunday
Wine w/Strong Beer
On-Sale & Sunday
On-Sale & Sunday
Club On-Sale & Sunday
Club On-Sale
Off-Sale 3.2%
Off-Sale
Wine
Off-Sale 3.2%
Off-Sale 3.2%
Off-Sale 3.2%
Off-Sale, On-Sale & Sunday
On-Sale & Sunday
ATTEST:
Modi Weldon, City Clerk
Jay Kimble, Mayor
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RESOLUTION NO. 99 -
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APPROVING RENEWALS OF TOBACCO LICENSES FOR 2000
WHEREAS, requests for renewals have been requested by the follo\ving; and
\VHEREAS, all required documentation has been received, background investigations have been completed,
and approval is contingent upon the fulfillment of all requirements for eligibility to hold a tobacco license in the
City of Stillwater;
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves
the renewals of the businesses listed below for tobacco licenses for 2000.
Amencan LegIon
Bnne's Inc. dba Brine's Bar & Restaurant
EKS, Inc. dba Harbor Bar
Enckson Post Acquistion, Inc. dba StIllwater Texaco
FTL Corporation dba MGM LIquor Warehouse
Food N Fuel, Inc. dba Food N Fuel
FreIghthouse, Inc. dba Freighthouse
Jazzy's House of Blues and Cigar Parlor
JLH, Inc. dba John's Bar
Kundara, Inc. dba Stillwater Tobacco
~1'S Inc. dba Kinsel's LIquor Store
Family Foods
oggers, Inc. dba Loggers
Mad Capper Saloon & Eatery, Inc. dba Mad Capper
MeIster, EIleen V. dba MeIster's Bar and Grill
MeIster, EIleen V. dba South Hill Liquor
Stillwater Country Club, Inc. dba Stillwater Country Club
Supervalu Holdmgs, Inc. dba Cub Foods
Sutlers, Inc. dba Sutler's Wines and Spirits
Tom Thumb Food Markets, Inc. dba Tom Thumb Store No. 219
Twin CIties Store, Inc. dba Oasis Market (Croixwood)
Twin Cities Store, Inc. dba OaSIS Market (Greeley St.)
TWIn Cines Store, Inc. dba OasIS Market (Mam Street)
VIttono's Inc. dba VIttOriO'S
Zahren Enterpnses, Inc. dba Trumps Deluxe Gnll and Bar
Adopted by CouncIl thIS 2nd Day of November, 1999.
.EST:
Jay Kimble, Mayor
Morh Weldon, CIty Clerk
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RESOLUTION NO.
CONSENT AND JOINDER TO AGREEMENT FOR
LEGENDS OF STILLWATER PHASE ill
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Consent and Joinder
to the Agreement for the Legends of Stillwater Phase ill between the City of Stillwater and
D.R. Horton Minnesota, Inc., the Legends of Stillwater, and Pemtom Land Company, is
hereby approved, and the Mayor and Clerk are authorized to sign said Agreement.
Adopted by Council this 2nd day of November, 1999.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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CONSENT AND JOINDER
TO
AGREEMENT
FOR
THE LEGENDS OF STILLWATER PHASE ill
BETWEEN
THE CITY OF STILLWATER
AND
D.R. HORTON MINNESOTA, INC.
A DELAWARE CORPORATION
3459 WASHINGTON DRIVE SUITE 204
EAGAN, MINNESOTA 55122,
AND
LEGENDS OF STILLWATER, AND PEMTOM LAND COMPANY
7597 ANAGNAM DRIVE
EDEN PRARIE, MN 55344
TIllS INSTRUMENT WAS DRAFTED BY:
David T. Magnuson #66400
MAGNUSON LAW FIRM
The Desch Office Building
333 North Main Street
Suite 202
Stillwater, Minnesota 55082
651/439-9464
CONSENT AND JOINDER
RELATING TO PHASE m
LEGENDS OF STILLWATER
THIS CONSENT AND JOINDER, made this _ day of
1999,
between the CITY OF STILLWATER ("City"), a Home Rule Charter City of the Third
Class, having its office at City Hall, 216 North Fourth Street, Stillwater, Minnesota, and
D.R. Horton, a Delaware Corporation ("Horton"), 3459 Washington Drive, Suite 204,
Eagan, Minnesota 55122, the Legends of Stillwater ("Legends") and the Pemtom Land
Company("Pemtom"), 7597 Anagnam Drive, Eden Prarie, Minnesota 55344.
1. On March 31, 1998, the City, Pemtom, and others entered a Development
Contract for the construction of Trunk Utilities necessary to serve the area owned by
Pemtom and other areas, ("Trunk Agreement"); and, on the 19th day of May, 1998, the City
and Legends entered into a Development Agreement ("Development Agreement") whereby
approvals were given and construction authorized for the installation of public utilities into
land owned or controlled by Legends. Later, on May 18th 1999, the City and Legends
reached agreement on Addendum Number One relating to Legends Phase Two, and on
October 5, 1999 reached agreement on Addendum Number Two relating to Legends Phase
Three.
2. It is the intention of Horton who has purchased the Phase Three Property from
Legends to join in, consent to, and agree to be bound by the Trunk Agreement, Addendum
Number Two, and the Development Agreement and that the real estate owned by Horton
described in Exhibit A "Phase Three Property" be included in all ways in the area covered
by the Trunk Agreement, Development Agreement, and Addendum Number Two and that
they be considered in all ways a "Developer" as that term is defined in those instruments.
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3. That this Consent and Joinder will also control the payment of any credits,
whether a Stonn Water Benefit or a Developer's Credit as set forth in ~ 3.04 of the Trunk
Agreement. That the Phase Three property now owned by Horton will become the
responsibility of Horton, who is obligated to pay the Stonn Water Benefit, if any, and
receive any Developer's Credit that may be due on the Phase Three Property.
4. That Pemtom and Legends acknowledge that they have assigned their interest in
the Trunk Agreement, Development Agreement, and Addendum Number Two with regard
to the Phase Three Property.
5. That the City consents to the assignments described in this Agreement.
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IN WITNESS WHEREOF, the parties have set their hands this 2nd day of November, .
1999.
CITY OF STILLWATER
Jay L. Kimble, Its Mayor
Modi Weldon, Its City Clerk
LEGENDS OF STIT..LW ATER,
a Minnesota limited partnership
By
.
D.R. HORTON MINNESOTA, INC.,
a Minnesota general partnership
By
PEMTOM LAND COMPANY,
a Minnesota limited partnership
By
.
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STATE OF MINNESOTA
. COUNTY OF WASHINGTON
)
) ss.
)
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On this day of . 1999, before me, a Notary Public within and for said
County, appeared Jay L. Kimble and Modi Weldon, to me personally known who, being duly sworn,
did say that they are the Mayor and City Clerk named in the foregoing instrument and that this
instrument was signed as the :free act and deed of the City of Stillwater, Minnesota, a Minnesota
municipal corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of . 1999, before me, a Notary Public within and for this
County, appeared Legends of Stillwater, to me personally known who, being duly sworn, did say that
they are the partners of the Company in the foregoing instrument and that this instrument was signed
as the free act and deed of Legends of Stillwater and under authority given by duly enacted
Resolution.
Notary Public
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF WASHINGTON
On this day of . 1999, before me, a Notary Public within and for this
County, appeared D.R Horton, to me personally known who, being duly sworn, did say that they are
the partners of the Company in the foregoing instrument and that this instrument was signed as the
:free act and deed ofD.R. Horton and under authority given by duly enacted Resolution.
Notary Public
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STATE OF MINNESOTA
COUNTY OF WASHINGTON
)
) 55.
)
On this day of . 1999, before me, a Notary Public within and for this
County, appeared Pemtom Land Company, to me personally known who, being duly sworn, did say
that they are the partners of the Company in the foregoing instrument and that this instrument was
signed as the :free act and deed ofPemtom Land Company and under authority given by duly enacted
Resolution.
This instrument was drafted by:
David T. Magnuson #66400
MAGNUSON LAW FIRM
The Desch Office Building
333 North Main Street
Suite 202
Stillwater, MN 55082
651/439-9464
Notary Public
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RESOLUTION 99-
APPROVING EMPLOYMENT
OF ROCHELLE VAN SOMEREN
AS SECRETARY FOR ENGINEERINGIPUBLIC WORKSIPARKS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
employment of Rochelle Van Someren as Secretary for Engineering/Public WorkslParks
from and after November 22, 1999, for a probationary period of six months, is hereby
approved; and that as compensation for services the said Rochelle Van Someren shall receive
salary in accordance with the agreement between the City of Stillwater and the American
Federation of State, County and Municipal Employees, Local 517.
Adopted by Council this 2nd day of November, 1999.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
.
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MEMO
To:
From:
Subject:
Date:
Mayor and City Council
IJ ,......)
Klayton Eckles, City Engineer t~
Hiring of Rochelle Van Someren as Secretary for Engineering/Public WorksIParks
October 28, 1999
Discussion:
Over the course of the past month, staffhas been in the process of trying to fill the vacancy
created by the departure of Diane Ward. After reviewing many prospect c~didates and
interviewing six (6) of the candidates, members of the selection committee are unanimous in
their recommendation to hire Shelly Van Someren of Somerset, Wisconsin with a start date of
November 22, 1999.
Action Required: Pass resolution for the employment of Rochelle Van Someren as Secretary for
Engineering/Public WorksIParks Departments.
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RESOLUTION NO
APPROVAL OF RENEWAL OF AGREEMENT
BETWEEN THE CITY OF STILLWATER AND SELECTACCOUNT
FOR ADMINISTRATION OF FLEXIBLE BENEFITS PROGRAM
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between
the City of Stillwater and SelectAccount for the administration of the Flexible Benefits
Program for the plan year 2000, at a cost of $1400 plus participant fee, is hereby approved.
Adopted by Council this 2nd day of November, 1999.
ATTEST:
Mayor
City Clerk
SelectAccount
FLEXIBLE BENEFITS
Product of MIl Ufe, Inc.
3535 Blue Crass Road, P.O. Box 64193
St. Paul, MN 55164-0193
Phone (651) 662-5065
(800) 859-2144
Fax (651) 662-7247
October 14, 1999
Sharon Harrison
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Company Number: 000710
Dear Group Contact:
It has been SelectAccount's pleasure administering your Flexible Benefits Plan this Plan Year. We
are fast approaching your companys renewal date of January 1, 2000. To assist in the renewal process,
please refer to the following items:
. Renewal Request for SelectAccount Services - Please Complete and Return
(Including Sample Enrollment Materials)
..
. Nondiscrimination Testing Information Form - Please Complete and Return if SelectAccount
performs discrimination testing for your group
Renewal Fee Information - Fee information for the upcoming plan year will be as follows:
Annual Fee = $1,400.00. Please review endosed invoice and submit with payment.
Monthly Partidpant Fee = $3.30
Please call if you have any questions regarding the renewal process. We would also be happy to discuss
any interest you may have in expanding your SelectAccount Plan, which may indude (but is not limited to),
health care and/or dependent care expense reimbursement accounts,
We once again look forward to providing you the best possible service during the upcoming Plan Year.
Sincerely,
Sharon Thompson
Flexible Benefits Administrator
(651) 662-1774
1-800-859-2144, extension 21774
Enclosures
SelectAccount
FLEXIBLE BENEFITS
A Product of MIl Ufe, Inc.
3535 Blue Cross Road, P.o. Box 64193
St. Paul, MN 55164-0193
Phone (651) 662-5065
(BOO) 859-
Fax (651) 662
Sharon Harrison
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Date: 10/14/1999
Group: 000710
Invoice: 9591
Billing Date:
Due Date:
Amount Due:
01/01/2000
01/21/2000
$ 1400.00
Annual Fee for period 01/01/2000 through 12/31/2000:
$1400.00
.
Total Amount Billed:
$1400.00
Questions regarding the above invoice should be directed to:
Jude Myhre
(651) 662-1522
1-800-859-2144, ext. 21522
Fax (651) 662-7247
Make checks payable to: SelectAccount
3535 Blue Cross Road, P.Q, Box 64193, St Paul, MN 55164
Please enclose a copy of this invoice with your payment.
.
. MEMO
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To:
From:
Subject:
Mayor and City Council
Klayton Eckles, City Engineer W
Resolution Authorizing Loan Application and Designating Contact Person for the
Minnesota Stream Protection and Improvement Loan Program
October 28, 1999
\
Date:
Discussion:
City staff is currently in the process of completing an application for the Minnesota Stream
Protection and Improvement Loan Program. This program will offer up to $1.1 million on low
or no interest loans. This loan will be used to accelerate the process of completing the trout
stream mitigation project for the Stillwater annexation area which has a total estimated cost of
$3.5 million.
Recommendation: Staff recommends that Council pass a resolution authorizing the loan
application and designate Klayton Eckles as the contact person.
RESOLUTION NO. 99-
AUTHORIZING APPLICATION FOR
MINNESOTA STREAM PROTECTION AND IMPRO\ffiMENT LOAN PROGRAM
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that staff is authorized to
make application to the Minnesota Stream Protection and Improvement Loan Program, and the
City Engineer is designated as contact person for said program.
Adopted by Council this 2nd day of November, 1999.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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MEMORANDUM
To:
Mayor and City Council
From: Sue Fitzgerald, City Planner
Date: November 1,1999
Re: Hersey Staples & Co. Architectural Survey Investigator
The Heritage Preservation Commission is requesting approval from Council to secure
Don Empson for the Hersey Staples Architectural Survey and Evaluation. The study is
funded by a grant - Certified Local Government Grants (CLG) through the Minnesota
Historical Society with in-kind matching from the City.
An ad was placed in the Gazette on September 24, 1999 and eight Request for Proposals
for a principal investigator for the study were sent out. Don Empson was the only one
that sent a formal proposal (attached). Don worked on the Greeley Survey, Dutchtown
Survey and the Holcombe Addition Survey.
Attachments:
Award Letter
Don Empson's Proposal
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}I!Y\ESlJT.\ HJ~TORIC\L Soel ET\
May 13, 1999
Mayor Jay Kimbel
City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
RE: F.Y. 1999 Certified Local Government Award
Federal Gra..'lt Number: 27-99-14256.005
Dear Mayor Kimbel:
I am pleased to inform you that on April 15, 1999, the Minnesota Historical Society's
Grants Review Committee reviewed your Certified Local Government grant application.
Their recommendation was to approve your request of $4,575 for a survey and evaluation
of the Hersey Staples and Company District.
The Grants Office is in the process of preparing the Certified Local Government Grant
Agreement for your project. This will be forwarded to project director Sue Fitzgerald
when completed.
On behalf of the Society and the State Historic Preservation Office, I am pleased to be
able to inform you of this award. Our office look forward to working with the City on
this important project. Should you have any questions or concerns about the award or the
agreement, please do not hesitate to call either Mandy Skypala (651) 296-5478 or Mike
Koop (651) 296-5451. Thank you.
Sincerely,
~/4<<- '-~~~
Britta L. Bloomberg
Deputy State Historic Preservation Officer
cc:
Ms. Sue Fitzgerald, Project Director/
Mr. Howard Liberman, HPC Chair
.I.,!'..;!, III nl)"I\\i\P\\~"'1 ..,,,;\1 P\ll \lr\\I"'I,I\~-tll''':I'"" !IIIPIII\\I 1-..I~IIII..I~1
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A PRoPOSAL FOR
A SURVEY OF HERSEY, STAPLES ADDITION
SUBMITTED TO THE
STILLWATER HERITAGE PRESERVATION COMMISSION
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BY
EMPSON ARCHIVES
P.o. Box 791
Stillwater, Mn 55082
351-0172
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October 1, 1999
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Hersey & Staples Addition Proposal
Area of the Survey
.
Hersey, Staples & Co's Addition is within Government Lot #2 and
Government Lot #3, Section 34, T30N, R20W. The Addition was platted in
June of 1857 by the Hersey, Staples Lumber Company whose Mill was on the
riverfront below the Addition, The Addition consists of 18 Blocks bounded on
the South by Orleans Street, on the West by Sixth Avenue, on the North by
Hudson Street, and on the East by the bluff line , although there are some
lots along South Main Street. There are approximately 123 properties within
this area.
Hersey, Staples & Co, was headed by Samuel Freeman Hersey, who
had much experience in the lumber industry in ~Iaine, and who owned land
in Michigan, Canada, and Iowa, Issac Staples was the resident partner in
Stillwater. The company operated one of the finest mills in the Territory of
Minnesota, they were wholesale and retail dealers in logs and lumber, they
were a part owner in boom companies, dam companies, and a general store.
They promoted railroads, banks, and speculated in land,
.
Our Proposal
We will incorporate the information gleaned from our research in the-''Context
of Robert Vogel's Stillwater Historic Contexts and other research done previously
in Stillwater.
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We will review the survey work on the properties prepared by the Stillwater
Heritage Preservation Commission.
We will identify, date, and catalog the 130 properties in the Preservation
Planning Area in the manner required by the Minnesota Historical Society, If .
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Hersey & Staples Addition Proposal
necessary, we will talk with them directly to make sure we provide the correct
information in the form they wish, .
We will discuss the architectural styles in the Preservation Planning Area
and compare it to other Stillwater neighborhoods,
We will photograph all properties, We will prepare a report which describes
the development of the area, recommendations for future survey work, and
suggest properties that might be eligible for local historic designations and/or
eligible for the National Register of Places. We will not make any nominations
ourselves, We will discuss any possible planning methods for preservation of
historic structures, landscapes, and neighborhoods,
We will attend three meetings with the Stillwater H.P,C.
Our Research
We propose to do a thorough study of the area, despite the considerable time
and money constraints. We will use the yearly tax assessor's records collected
in the State Archives and available on microfilm, 1861-1900, at the Stillwater
Public Library--a gift of Rivertown Restoration, These records were generated
much the same way they are today, Every year the tax assessor viewed all the
properties in the city and made an estimate of the market value of the l~d and
the improvements. By following a property through the years, it is usually
possible to determine when the value jumped from that of a lot only to that of a lot
with a building on it, This record also contains the name of the property owner
l<
through the years. While this kind of research is tedious in the extreme, it gives
accurate information that can be found in no other way.
(The first two surveys used the date of building found on the assessment card
at the tax assessor's office. Before the turn of the century, these dates are
2
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Hersey & Staples Addition Proposal
notoriously inaccurate, an admission readily made by the tax assessor's office.
itself, )
Rivertown Restoration recently paid to have the Stillwater building permit
applications, 1886-1940, microfilmed. They, along with an index compiled by
Kay Thueson, are available at the Stillwater Public Library, The applications give
the date of building, the size of the structure, name of the owner, sometimes the
name of the builder and architect, and other incidental information. There are
also applications for repairs and remodeling, This information is invaluable and
essential for any thorough study.
There are useful records available in the Water Department, the Fire
Department, and the Public Works Department and in the Minutes of the
Stillwater City Council that have never been used, The Sanborn Insurance
Maps will be of value, There are a number of unpublished manuscripts and
some published reminiscences which might contain some useful information, .
although, frankly, we have found much of this information inaccurate. In general,
we will try to use only original sources for our research,
· For visual aids, there are two Bird's Eye View Maps of Stillwater drawn
in 1869, and again in 1879, With their accurate representations of each house and
building, these are extremely useful.
We will talk to the residents of the area in cases where we have some
uncertainties; when convenient we will try to obtain copies of property
Abstracts. We will also use the land records at the office of the Recorder of
r
Deeds. ..
There are photographs on file at the Stillwater Public Library, the
Washington County Historical Society, and the Minnesota Historical
Society. In our experience, many residents have old photos of their homes
which we would try to incorporate in our research, In 1978, Rivertown
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Hersey & Staples Addition Proposal
Restoration photographed every house in Stillwater over 50 years old,
These photographs are presently unorganized, but they might be useful in
particularly perplexing cases.
Qualifications
Empson Archives
Donald Empson
University of Minnesota:
Bachelor of Arts Degree, 1965. Minor: History; Major: English.
Master of Arts Degree, 1965. Library Science,
Advanced Study, University of Iowa, Iowa City.
Director, Chippewa County Library, 1965-1967.
Montevideo, Minnesota.
Instructor, School of Library Science, 1967-1970.
University of Iowa, Iowa City,
Minnesota Historical Society, St. Paul, Minnesota.
Reference Librarian, 1970-1973.
Map Librarian, 1973-1976,
Self-Emploxed, Antique clock and watch repair, 1976-1988,
i<
Semi-retired, 1988-.
4
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Hersey & Staples Addition Proposal
Publications
.
The Street Where You Live. Witsend Press, 1975.
Portrait of a Neighborhood, St. Paul, 1980.
Guidebook to the 1870 and 1879 Bird's Eye View Maps
of Stillwater, Minnesota. Empson Archives, 1995.
Miscellaneous newspaper and magazine articles.
Project Budget
.
Research.................,...... ,.......,..,........................... ..$3,500.00
..
Photography and Field Work..............,........,............ $1500.00
Data .An.alysis........................... ,....,..,.....,............... $1000,00
Meetings with HPC... ,..... ,...............................,........... $200.00
Printing Costs........,................................................... ..$300.00
Compose Final Report.....,.......................................... .$3000.00
Total Fee:..................... ......... ................................. ....$8,500.00 .
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RESOLUTION NO.
ACCEPTING PROPOSAL OF EMPSON ARCHIVES
FOR ARClllTECTURAL SURVEY OF HERSEY STAPLES ADDITION'
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the proposal of Empson
Archives for an architectural survey of the Hersey Staples Addition, hereto attached as Exhibit
A, is hereby accepted, and the Mayor and Clerk are authorized to enter into said Agreement.
Adopted by Council this 2nd day of November, 1999.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
~i1Iwate~
THE BIRTHPLACE OF MINNESOTA ~
REQUEST FOR INSTALLATION OF BANNER
1 APPLICANT
2. ORGANIZATION
3.
ADDRESS
TELEPHONE 4?Jo - ~tn d(P
4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS
~~~~ 1e-d-
5. BANNER LOCATION REQUESTED:
D
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Main Street at Olive Street (Mad Capper)*
North Main Street - 100 Block (Kolliners)*
Chestnut Street at Union Alley (Firstar Bank)
.
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*MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS
DATES TO BE DISPLAYED: ~ S-:::th- \D@), 'd-~nd } )~ '1
COMPANY INSTALLING BANNER: --W ~ ~
Address d~ ~ st. Phone -O~~S{
6.
7.
I
i FOR OFFICE USE ONLY
10
City Date:
o MnDOT Date:
I .
I
(Required for Main Street Locations)
Installer verification Date:
BANNER REQUIREMENTS ATTACHED
CITY HAll 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE. 612-439-6121
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Memo
DATE:
October 29, 1999
TO:
Mayor and City Council
~/j2. I,
Chantel1~
Administrative AssistantlPersonnel Coordinator
FROM:
RE:
Y2k Staffing and Contingency Plans
Attached are the Y2k Staffing and Contingency Plans in the event that systems identified as
Catastrophic and Severe should fail during the date change on December 31, 1999. These Plans
have also been submitted to the League ofMN Cities Insurance Trust along with the Y2k
Expanded Insurance Coverage application.
Recommendation
It is recommend the City Council approve the attached Resolution approving the Y2k Staffing
and Contingency Plans.
Y2K/CC CONTINGENCY 11-02-1999
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CITY OF STIT..L WATER
Y2k STAFFING PL.AJ.~
The following is the Staffing Plan for the City for December 31, 1999. If all operations are
running smoothly on January I, 2000, the City may cancel any and all staff.
Administration
The Administrative Assistant, Administrative Support/MIS Specialist, and Building Maintenance
Technician II will be at City Hall starting at 11:30 pm the evening of December 31, 1999.
Finance
No staff will be on duty the evening of December 31, 1999.
Fire Denartment
, On Friday, December 31, 1999 three staff from the Part-time, On-call will be scheduled from
6:00 pm -7:00 am. This will be in addition to the two full-time staff regularly scheduled at all
times.
On Saturday, January 1,2000 two additional staffwill be scheduled in addition to the two full-
time staff that are regularly scheduled.
Police Denartment
All Police Department employees will be scheduled during the course of the day and evening
December 31, 1999 and January 1,2000, including dispatch personnel.
Public Works
Parks: No staffwill be on duty the evening of December 31, 1999.
Sewer: A Licensed Sewer Maintenance Workers will be scheduled for a four-hour shift
beginning at II :30 pm on the evening of December 31, 1999 in addition to one
other person from the Public Works Department. If there are problems, the
weekend Licensed Sewer Maintenance Worker will relieve at II :30 pm on
January I, 2000.
St. Croix Vallev Recreation Center
The Arena :Manager and two additional staff will be on duty the evening of December 31, 1999.
Y2k Staffing Plan
Page 1 of2
Water Board .
One person will be at the plant starting at II :30 pm until 12:30 am. If there are no problems, the
employee will be relieved of his duties. Staffwill stay longer if there are problems. The Water
Department Director will also be at the office the evening of December 31, 1999.
During the remainder of the weekend, normal on-call procedures will be followed as is during
the rest of the year. The Fire Dept. has the number of the person who is on-call at the time.
Additional Staff
In the event that additional staff is needed in any department, staff will be called in.
Wa!!es
Union employees will be paid as stated in their contracts. If a union contract does not have a
provision for Holiday pay, employees will be paid time and a half for hours worked on Friday,
December 31, 1999; double time for hours worked on Saturday, January 1,2000; and time and a
half if any hours are worked on Sunday, January 2, 2000.
Department heads and exempt staff may determine their work schedule as dictated by their
workloads.
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Y2k Staffing Plan
Page 2 of2
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CITY OF STIT..LWATER
ADMINISTRATION DEPARTMENT
CONTINGENCY PLA1~
System: Water Heater
Risk Class: Catastrophic
Department: Administration
Date: October 15, 1999
Created By: ChanteIl Kadin, Administrative Assistant
Related to Other Systems/Contingency Plans? (If yes, list below.)
HV AC Metasys System
Dept. Head Approval:
4--~ X.'vfJ.A~ 4 J-
Date: /~/,t. s/tf'9
f
1. Objective of the plan: Maintain warm water through the pipes in the City Hall building to
keep the pipes within the building from bursting.
2. Criteria for invoking the plan: Cold water runs through hot water faucets.
3. Expected life of the plan: The plan will be in effect until the Water Heater is operational. It
is not likely that the plan will exceed a total of 3 days.
4. Roles, responsibilities, and authority: The Building Maintenance Worker II will monitor
the Water Heater and water temperature levels beginning at 12:15 A.m. on January 1,2000.
If the Water Heater does not appear to be operating and the water temperature drops, the
Building Maintenance Worker II will notify the Administrative Assistant. The Administrative
Assistant will direct the Building Maintenance Worker II to contact Dan Martin Plumbing at
(651) 779-2245 for emergency service.
5. Procedures for invoking contingency plan: In the event that the Water Heater is not
working, the Building Maintenance Worker II will be given direction by the Administrative
Assistant to contact Dan Martin Plumbing.
.
The Building Maintenance Worker will continue to monitor the temperature of the water. If the
building maintains heat and if the pipes are not in danger of freezing, the Building Maintenance
Worker will await the arrival and advise of the plumber.
If the building is not heated and the pipes are in danger of freezing and the plumber has not
arrived or advised the City on a course of action, the Building Maintenance Worker II \Vill be
directed to drain the pipes.
6. Procedures for operating in contingency mode: Staff will continue to await the
arrival and advise of the plumber unless the building loses enough heat that it is evacuated to an
alternative Command Center location.
If employees are relocated to an alternative Command Center location, the Building Maintenance
Worker II will remain at the City Hall to await for the plumber.
7. Resource plan for operating in contingency mode (human resources):
Administrative Assistant
Building Maintenance Worker II
8. Criteria for returning to normal operating mode: The Water Heater has been repaired
and the water temperature returns to a level where water can run through the pipes \Vithout risk
of bursting.
.
9. Procedures for returning to normal operating mode: If the building remains heated,
employees will remain in normal operating mode. If the building loses heat, the Administrative
Assistant will notify employees at the alternative Command Center to return to the building.
10. Procedures for recovering lost or damaged data: NA. The Water Heater will not have
any lost or damaged data.
11. Estimated cost of plan: $400. The cost will be incurred for professional plumbing services
at a premium rate due to the time of the call. Some overtime costs for staff.
12. Post contingency plan: $0
13, Testing of contingency plan: The Water Heater cannot be tested. SPS Companies has
assured the City the system is Y2k ready.
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CITY OF STIT..L WATER
ADMINISTRATION DEPARTMENT
CONTINGENCY PLA1~
Systems: McLeod USA (telephone lines, trunk lines)
US West (telephone lines, trunk lines)
Risk Class: Catastrophic
Department: Administration
Date:
October 15, 1999
Created By: Chantell Kadin, Administrative Assistant
Related to Other Systems/Contingency Plans? (If yes, list below.)
,
Dept. Head Approval:
?! ~ ~ iGA;~ .iL Date: /1J'/.25/f9
1. Objective of the plan: Maintain phone service for overall operations and communication
vehicle for residents
2. Criteria for invoking the plan: Telephone lines are not functioning.
3. Expected life of the plan: The plan will be in effect until the telephone lines are operational.
4. Roles, responsibilities, and authority: The Administrative Assistant and Administrative
Support/MIS Specialist will monitor the telephone lines after 12 midnight on January 1,2000 to
determine their operational status.
5. Procedures for invoking contingency plan: In the event that the telephones lines are not
operating, City staff will be on cellular phones and two-way radios. Staff on duty 'Will be
notified via radio or cell phone of the loss of phone communication.
6. Procedures for operating in contingency mode: The Administrative Assistant and .
Administrative SupportlMIS Specialist will continue to monitor the telephone lines. Cell phones
and two-way radios will only be used for emergency communications between staff.
7. Resource plan for operating in contingency mode (human resources):
Administrative Assistant
Administrative Support/MIS Specialist
8. Criteria for returning to normal operating mode:
service.
The telephone lines are back in
9. Procedures for returning to normal operating mode: The Administrative Assistant and
Administrative Support/MIS Specialist will notify departments on duty via telephone that the
system is operational.
10. Procedures for recovering lost or damaged data: No lost or damaged data is expected.
11. Estimated cost of plan: The City already has cellular phones and two-way radios.
12. Post contingency plan: Staffwill contact McLeod USA and US West to determine what
caused the system failure.
.
13. Testing of contingency plan: Cellular phones and two-way radios are fully functional
and are used by City staff on a daily basis.
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CITY OF STILLWATER
ADMINISTRATION DEPARTMENT
CONTINGENCY PL&~
Systems: Electric and Gas Service
Risk Class: Catastrophic
Department: Administration
Date:
October 15, 1999
Created By: Chantell Kadin, Administrative Assistant
Related to Other Systems/Contingency Plans? (If yes, list below.)
Generator
Dept. Head Approval:
~
-?1."h ~ cf~ ~ ~
Date: tc/.zs/r; p
,
1. Objective of the plan: Maintain electric and gas service for overall operations of the City
Hall.
2. Criteria for invoking the plan: Electric and gas service fails.
3. Expected life of the plan: The plan will be in effect until NSP restores electric and gas
service.
4. Roles, responsibilities, and authority: In the event that electric and gas service fails, the
Building Maintenance Worker II will check the City Hall generator to ensure that it is operating.
The Building Maintenance Worker II will monitor the generator on a regular basis until electric
and gas service is restored.
5. Procedures for invoking contingency plan: In the event that the electric and gas service
fail, the City Hall generator should run automatically. The Administrative Assistant will direct
the Building Maintenance Worker II of his responsibilities. The generator can power City Hall
up to a maximum of 72 hours. Areas of operation within City Hall will be limited to those of
necessity in order to conserve the generator's use.
6. Procedures for operating in contingency mode:
with flashlights for use during a failure.
Staff at City Hall will be provided
7. Resource plan for operating in contingency mode (human resources):
Administrative Assistant
Administrative Support/MIS Specialist
Building Maintenance Worker II
8. Criteria for returning to normal operating mode:
The electric and gas service are back.
9. Procedures for returning to normal operating mode: The Administrative Assistant and
Administrative Support/MIS Specialist will notify departments on duty via telephone that the
system is operational.
10. Procedures for recovering lost or damaged data: No lost or damaged data is expected.
11. Estimated cost of plan: The City already has a generator and flashlights.
12. Post contingency plan: Staffwill contact NSP to determine what caused the system
failure.
13. Testing of contingency plan: The generator in City Hall is fully functional and has been
used in past electric outages.
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CITY OF STIT..LWATER
ADMINISTRATION DEP ARThIENT
CONTINGENCY PLA1~
Systems: Generator
Risk Class: Severe
Department: Administration
Date: October 15, 1999 .
Created By: Chantell Kadin, Administrative Assistant
Related to Other Systems/Contingency Plans? (If yes, list below.)
Electric and Gas
4~~~A1~f
. Dept. Head Approval:
.
Date: {4/2.. S/9 f
1. Objective of the plan: Maintain electric and gas service for overall operations of the City
Hall.
2. Criteria for invoking the plan: Electric and gas service fails and the generator fails to
operate.
3. Expected life of the plan: The plan will be in effect until NSP restores electric and gas
service.
4. Roles, responsibilities, and authority: In the event that electric and gas service fails, the
Building Maintenance Worker II will check the City Hall generator to ensure that it is operating.
5. Procedures for invoking contingency plan: In the event that the electric and gas service
fail and the City Hall generator does not operate, City Hall will remain open.
6. Procedures for operating in contingency mode:
with flashlilzhts for use during: a failure.
- -
Staff at City Hall will be provided
7. Resource plan for operating in contingency mode (human resources):
Administrative Assistant
Administrative SupportJMIS Specialist
Building Maintenance Worker II
8. Criteria for returning to normal operating mode:
back or the generator is operating.
The electric and gas services are
9. Procedures for returning to normal operating mode: The Administrative Assistant and
Administrative SupportJMIS Specialist will notify departments on duty that the system is .
operational.
10. Procedures for recovering lost or damaged data: No lost or damaged data is expected.
11. Estimated cost of plan: The City already has a generator and flashlights.
12. Post contingency plan: Staffwill contact Onan to determine what caused the system
failure.
13. Testing of contingency plan: The generator in City Hall is fully functional and has been
used in past electric outages.
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CITY OF STILL WATER
ADMINISTRATION DEP ARTlVIENT
CONTINGENCY PLA1~
System: HV AC Metasys System
Risk Class: Severe
Department: Administration
Date: October 15, 1999
Created By: Chantell Kadin, Administrative Assistant
Related to Other Systems/Contingency Plans? (If yes, list below.)
City Hall generator
Dept. Head Approval:
...
#--d/ L~,/fALtLl~
Date: ~c4s/ <f t
1. Objective of the plan: Maintain heat in the City Hall building. Ifheat cannot be
maintained, to keep the pipes within the building from bursting.
2. Criteria for invoking the plan: HV AC Metasys System does not work.
3. Expected life of the plan: The plan will be in effect until the HV AC system is operational. It
is not likely that the plan will exceed a total of 3 days.
4. Roles, responsibilities, and authority: The Administrative Assistant and Administrative
SuppoI'tflvIIS Specialist will monitor the HV AC Metasys System beginning at II :45 p.m. on
December 31, 1999. Temperatures in the building will be monitored for significant drops.
The Building Maintenance Worker II will monitor the Boiler pressure.
If the HV AC system fails, Gary Page at Johnson Controls (Pager 651-908-3605) will be
contacted immediately to send out technicians.
5. Procedures for invoking contingency plan: In the event that the HV AC is not working
and the City Hall generator fails, the Building Maintenance Worker II will be given direction by
the Administrative Assistant to drain the water from all the pipes within City Hall.
The Administrative Assistant and Administrative Support:lJv[IS Specialist will continue to
monitor the temperature in the building and await the arrival of a Johnson Controls Technician.
If the temperature deems it necessary, staff will use space heaters in a limited area of the City
Hall to generate heat. The Command Center will remain in City Hall as it is the expectation of
residents to fmd assistance at City Hall.
6. Procedures for operating in contingency mode: Staffwill continue to monitor
temperatures in the building and await the arrival of a Johnson Controls technician.
7. Resource plan for operating in contingency mode (human resources):
Administrative Assistant
Administrative Support:lJv[IS Specialist
Building :Maintenance Worker II
8. Criteria for returning to normal operating mode: The HV AC system has been repaired
by Johnson Controls and the temperature returns to a comfortable level.
9. Procedures for returning to normal operating mode: Normal operating procedures will be
in effect during the contingency plan.
10. Procedures for recovering lost or damaged data: The information/temperature settings
in the HV AC will have been saved on a disk and reloaded into the Metasys System.
11. Estimated cost of plan: This should be covered under the regular maintenance contract
with Johnson Controls. Some overtime costs for staff.
12. Post contingency plan: Johnson Controls will evaluate the failure of the system and make
recommendations for repair.
13. Testing of contingency plan: Johnson has indicated in their correspondence to the City
that they are not conducting testing ofHV AC systems for anyone. They assure the City the
system is Y2k ready.
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CITY OF STIT..L WATER
ADMINISTRATION DEPARTMENT
CONTINGENCY PLA1~
System: Simplex Fire Alarm System
Risk Class: Severe
Department: Administration
Date: October 15, 1999
Created By: Chantell Kaelin, Administrative Assistant
Related to Other Systems/Contingency Plans? (If yes, list below.)
Dept. Head Approval:
~.dL ~~~
Date: L~.hS:/7(
1. Objective of the plan: Ensure alarm system works in the event of a fire in City Hall.
2. Criteria for invoking the plan: There is a malfunction in the fIre alarm system.
3. Expected life of the plan: The plan will be in effect until the fIre alarm system is fIxed.
4. Roles, responsibilities, and authority: A member of the Fire Department will check the
fIre alarm system after 12 midnight on January 1,2000, provided they are not needed in an
emergency situation.
5. Procedures for invoking contingency plan: In the event that the fIre alarm system
malfunctions, Simplex, manufacturer and installer, (612) 941-6970 will be contacted to service
the alarm system.
6. Procedures for operating in contingency mode:
the fIre alarm system is repaired.
Staffwill continue to operate until
7. Resource plan for operating in contingency mode (human resources):
One person on the Fire Department staff
8. Criteria for returning to normal operating mode: Normal operating procedures will
still be in effect if there is a malfunction with the fIre alann system.
9. Procedures for returning to normal operating mode: NA
10. Procedures for recovering lost or damaged data: Lost or damaged data will be
recovered during the service call :from Simplex to repair the system.
11. Estimated cost of plan: $1,500 service call from Simplex.
12. Post contingency plan: NA
13. Testing of contingency plan: Simplex has stated the system is Y2k ready. A software
problem will occur in the year 2003 when the software will revert back to 1983. When the
software reverts to 1983 in the year 2003, the fire alarm system will still be operational. The
result will be that previous data will be lost. The City will update the system to a version 8.3
software in the year 2000 or 200 I.
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Stillwater Police Department Contingency Plan
Radio Dispatch System
System: Radio Dispatch System
Risk Class: Catastrophic
Deparhnent:Police
Date: 072199
Created By: Sgt David Roettger
Related to Other Systems/Contingence Plans?
( If Yes. List Below)
911 emergency dispatch system
Washington Co. AL.E.R T.S. Com
Motorola Radios lIT-I000 I Spectra
Department Head Approv
to.?J. -f 9
Date
1. Objective of the plan: To . Stillwater Police Department has uninterrupted dispatch
service and is able to maintain radio communications car to car and car to dispatch.
2. Criteria for invoking the plan: !fradio communications are lost between Washington Co dispatch
and Stillwater mobile and or potable radios.
3. Expected life of the plan: Until ladio communications are fully restored.
4. Roles, responsibilities, and authority: The shift supervisor will notify the Chief of Police, or in his
absence the Police Captain of the communication break down. The supervisor will also brief the
Chief to the symptoms of the problem and the apparent extent of the problem. The Chief of Police or
his designee will then make contact with the Washington Co Sheriff's Department to ascertain the
source of the problem. Once the source of the problem is detennined to be the dispatch system the
Chief of his designee will monitor the progress in the repairs to the system. As long as the radios
within the police department are functional Stillwater Police dispatch personnel will be called in to
dispatch for the city police department Emergency calls via 911 will be transferred to the Stilh,ater
dispatchers for I3dio dispatch.
5. Procedures for invoking contingency mode: After the Chief of police or Police Captain determines
the source of the problem they will order personnel to operation in this contingency mode.
6. Procedures for operating in contingency mode: Dispatch personnel and all officers will contInue to
operate on assigned ladio channels unless they are out of service. At that time I3dio traffic will be
transferred to the city channel. That channel will have to be shared with public works. Priority on the
channel will be to life threatening emergencies.
7. Resource plan for operating in the contingency mode (human resources): Dispatch personnel "ill
be called to work as needed to staff the Stillwater Police Dispatch center 24 hours per day untIl normal
radio traffic is resumed. Dispatch personnel will need to be available for call out.
8. Criteria for returning to normal mode: When nonna! ladlo traffic resumes through the WashIngton
Co. Dispatch center this contingency plan will no longer be in effect.
9. Procedures for returning to normal operating mode: The Chief of Police or lus designee will notIfy
all police personnel to return to normal radio procedures.
10. Procedures for recovering lost or damages data: Does not apply
11. Estimated cost of the plan: Overtime to operate dispatch center on 24 hr basis
12. Post contingency plan: All personnel involved in the operatIon of the contingency plan will meet with
the Chief and discuss the effectlveness of the pIan and any improvements to be made for the general
preparedness of the department for future emergency SItuatiOns.
13. Testing of contingency plan: Prior to January I, 2000 the Police department W1l1 prOVIde tlus
contmgency plan to all personnel for review and training as needed.
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Stillwater Police Department Contingency Plan
Squad Car Fuel Service
System: Fuel acquisition system. Amoco-Sprint Gas & Groceries
Risk Class: Catastrophic
Department: Police
Date: 072199
Created By: Sgt. David Roettger
Related to Other Systems/Conting
( If Yes. List Below)
Date (() - J:- ~? r
Department Head Approval
1. Objective of the plan: o'
2. Criteria for invoking the plan: If the nomml supply for fuel is unavailable due to supplier system
failure or extended power outages.
3. Expected life of the plan: Until normal fuel supplies resume.
4. Roles, responsibilities, and authority: It shall be the responsibility of the shift. supervisor to notify
the Chief of Police, or the Police Captain in the Chiefs absence, if there is a problem with the fuel
vendor and the ability of the vendor to provide fuel to the department The shift. supervisor and other
patrol personnel will then look for an alternative fuel vendor. The Chief of police will then select and
contact an alternative vendor and make the necessary arnmgements for the department to purchase fuel
at that location. In the case of an extended wide spread power failure the Chief of police or his
designee will locate a private source for fuel with gravity feed dispensing until nonnaI vendor is back
in service.
5. Procedures for invoking contingency mode: After notification from the shift. supervisor of a problem
in the fuel acquisition system, the Chief of Police or the Police Captain in his absence will advise the
sluft supervisor that the contingency plan for fuel acquisition w:1l1 go into effect.
6. Procedures for operating in contingency mode: Use alternative fuels source until normal sources are
restored.
7. Resource plan for operating in the contingency mode (human resources): No need for additional
personnel.
8. Criteria for returning to normal mode: When the nonnaI fuel vendor for the department is back in
service.
9. Procedures for returning to normal operating mode: The Chief of Police or the Police captaIn in
his absence will notify personnel to start using the nonnaI fuel service again.
10. Procedures for recovering lost or damages data: Does not apply.
11. Estimated cost of the plan: No mcreased costs other that noIII1a.l pnce increase due to supply and
demand
.
12. Post contingency plan: The Cluef of Police will meet with all personnel involved m the plan and to
determine the effecuveness of the plan. The plan W1l1 then be updated if necessary for future use in
emergency situations
13, Testing of contingency plan: Does not apply.
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Stillwater Police Department Contingency Plan
BCA Computer System
System: BCA State Computer System
Risk Class: Severe
Department: Police
Date: 072899
Created By: Sgt. David Roettger
Related to Other Systems/Contin
( If Yes. List Be/ow)
Department Head Approv
Date
/6 -j'J--f1
1. Objective of the plan: To provi terrupt information flow to officers. To provide office staff
with an alternative to entering tistical data in the event there is a problem with the state system.
2. Criteria for invoking the plan: If it is determined that the queries of the BCA system are not getting
the proper responses, or the office staff is not able to enter the necessaty information into the BCA
system.
3. Expected life of the plan: Until the system is working as it nonnally does.
4. Roles, responsibilities, and authority: It shall be the responsibility of the officers on duty to notify a
supervisor if there is a problem in accessing the BCA system. The supervisor will notify a person
designated by the Chief of Police to investigate to problem. That designee will contact the state to get
an update on the extent of the problem and the length of time estimated to the resolution of the
problem. The designee will notify patrol supervisors of the situation. Supervisors will then notify the
officers.
5. Procedures for invoking contingency mode: This plan will be placed in to effect if the BCA system
is down for more than 48 hours.
6, Procedures for operating in contingency mode: After officers are advised the BCA system has been
down for more than 48 hours, they will limit all queries of the system to those that are absolutely
necessary. Officers will maintain a written log for the information needed and pass that log on to
dispatch. Dispatch personnel will make the queries when the system is back up.
Office staff will maintain records of what information needs to be entered into the BCA system. If
needed, written records will be maintained until the proper entries can be made Entries will be made
when the system is back on line and opemtional.
7. Resource plan for operating in the contingency mode (human resources): Part-time office staff may
needed to work additional hours until the backlog of queries and entries is gone.
8, Criteria for returning to normal mode: When the BCA system is back up and operational officers
and office staff will return nonnaI operations.
9, Procedures for returning to normal operating mode: When SPD is notified the BCA system is back
on line all personnel will be notIfied and nonnaI opemuons WIll reswne.
10. Procedures for recovering lost or damages data: Does Not Apply
11. Estimated cost of the plan: Costs will vary and be directly related to the length of time the BCA
system is down and the size of the backlog of quenes and entries.
12. Post contingency plan: All personnel will be asked make suggestlons in wntmg for use in the future
for similar situations. Office staff' will meet with administration to discuss the viability of the plan for
future use All suggesuons and input will be used to update the plan.
13, Testing of contingency plan: All personnel will be given this plan and trained as needed for
Implementation prior to January 1, 2000.
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Stillwater Police Department Contingency Plan
A.L.E.R.T.S. Computerized Records System
System: A.L.E.R T.S. Computerized Records System
Risk Class: Severe
Department: Police
Date: 072899
Created By: Sgt. David Roettger
1.
Date I () .7- J.. - f r
Related to Other Systems/Conting
(/fYes, List Be/ow)
BCA Computer System
Department Head Approval
ethods of records keeping if the cmrent system is not
2. Criteria for invoking the plan: When Washington Co. advises the Police department that the system
is down the plan will go into effect when the Chief or his designee have been in contact with
Washington Co. IS and it is determined the system will be down for a extended period.
3, Expected life of the plan: Until the system is repaired and functioning properly.
4. Roles, responsibilities, and authority: It shall be the responsibility of the shift sergeant to notify the
Chief of Police or the police Captain in his absence of the problem with the computer system. It shall
be the responsibility of the office staff to make sure the departtnent has all the paper form needed to
revert to a paper system.
5. Procedures for invoking contingency mode: The chief or his designee will then notify all personnel
to shift to the contingency mode.
6. Procedures for operating in contingency mode: All personnel will revert back to a full paper system
in the contingency mode. Reports, patrol logs, dispatch logs, and all criminal and non-criminal
statistical entries will be done in paper form for entry into the computer at a later date.
7. Resource plan for operating in the contingency mode (human resources): Personnel for entering all
data of paper when the system is functioning.
8. Criteria for returning to normal mode: When the AL.E.R T.S. System is up and running.
9, Procedures for returning to normal operating mode: All personnel will be advised by the Police
Chief or his designee to return to the nonnaI mode when he is advised the system is back up.
10, Procedures for recovering lost or damages data: Refer to WashIngton Co. IS department.
11. Estimated cost of the plan: Minimal for copies of report forms. Office staff to enter in data off the
paper system.
12. Post contingency plan: To debrief with all personnel to evaluate the effectiveness of the plan
13. Testing of contingency plan: Tram all personnel in the use of the paper repOrtIng system.
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Stillwater Police Department Contingency Plan
Spectra A5 MobilelBase Radios
System: Motorola Spectra A5 Radios
Risk Class: Severe
Deparnnent:Police
Date: 080399
Created By: Sgt. David Roettger
Related to Other Svstems/Con .
(If Yes, List Be/ow)-
Deparnnent Head Approv
Date ! 0-7 J--f f
1. Objective of the plan: provi
due to the failme of the Spectra
2. Criteria for invoking the plan: If the Spectra AS radios are no longer functioning properly.
3. Expected life of the plan: Until equipment can be repaired or replaced.
4. Roles, responsibilities, and authority: It shall be the responsibility of the officers to inform the shift
sergeant of any problems with the radios. The shift sergeant will attempt to determine the source or
reason for the problem. He will also notify the Police Chief or in his absence the Captain. The Police
Chief or his designee will make arrangements for the repair or replacemem of the malfunctioning
radios.
S. Procedures for invoking contingency mode: The Chief of Police will notify all personnel of the need
to operations in the contingency mode.
6. Procedures for operating in contingency mode: Officers will use the Portable radios for
communications with dispatch. Officers will also use the mobile data terminals for communication
with dispatch for as much as possible to cut the use of radios. If portables are not functioning officers
WIll use departmental cellular phones for communications with dispatclt Officers with personal
cellular phones will be reimbursed expenses for the use of their phones in this emergency situation.
Stillwater Police dispatchers will no longer have communications with squads. The WCSO
dispatchers will do all dispatching.
7. Resource plan for operating in the contingency mode (human resources):
8. Criteria for returning to normal mode: When the Spectra A5 radios are repaired or replaced.
9. Procedures for returning to normal operating mode: The Chief of Police or his designee WIll notify
all personnel that operation will return to the nonna! mode.
10. Procedures for recovering lost or damages data: Does not apply.
11. Estimated cost of the plan:
12. Post-contingency plan: Administranon and staff will meet to dIscuss the effectIveness of the plan and
make any changes needed for the future.
13. Testing of contingency plan: All personnel W1l1 be gIVen COpIes of the plan and given the necessary
training for its implementation.
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Stillwater Police Department Contingency Plan
911 EMERGENCY SYSTEM
S).stem: 911 Emergency Dispatch System
Risk Class: Severe
Department: Police
Date: 072899
,jJ
1.
Date It. ?J--r1
t..
ity of Stillwater are able to report emergency
2. Criteria for invoking the plan: If the 91 I-phone system at the Washington Co. Sheriff's office is no
longer functional.
3. Expected life of the plan: Until system is repaired and is functioning normally.
4. Roles, responsibilities, and authority: It shall be the responsibility of the shift sergeant to notify the
Chief of police, or the police captam in the chief's absence, the 911 system is down. That person will
then have the Stillwater Police dispatchers called in to assist is handling phone traffic on the normal
phone lines. Stillwater personnel will assist until they are no longer needed. Other personnel, CSO
and Parking enforcement can be used to assist in answering the phones and walk in traffic as well
5. Procedures for invoking contingency mode: The Chief of Police or his designee will call the
necessary personnel in to work.
6. Procedures for operating in contingency mode: Persons called to work will assist with answering
the StIllwater Police business lines which will be used for emergency phone calls as well as normal
business calls. Calls of an emergency nature will be given to trained dispatchers for dispatch to pauol
personnel.
7. Resource plan for operating in the contingency mode (human resources): StIllwater Police
dispatchers W1l1 be called in on an overtime basis to work the phones. Also CSO and parking
enforcement can be used to work phones in the event the need for this service is prolonged. Slufts and
assignments will be made as necessary at the time.
8. Criteria for returning to nonnaI mode: When the 911 phone system is operatmg nonnally.
9. Procedures for returning to nonnaI operating mode: When the Chief or lus deSIgnee are made
aware the problem is fixed, the will notify dispatch personnel and allow those no longer needed to go
off duty.
10. Procedures for recovering lost or damages data: Does not apply.
11. Estimated cost of the plan: Overtime for dispatch I other personnel. Total depends on the total length
of ume needed in the conungency mode
12. Post contingency plan: To meet with all personnel and debnef on the plan's successes and
shonconungs for the use of the plan in future situatlons
13. Testing of contingency plan: Provide the traIning for non-d1spatch personnel who may used in
conungency plan Give copies of the plan to all employees so all are aware of the plan and its
procedures
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Stillwater Police Department Contingency Plan
HT-IOOO Portable Radios
System: HT-IOOO Portable Radios
Risk Class: Severe
Deparbnent:Police
Date: 072899
Created By: Sgt. David Roettger
Related to Other Systems/Contin
(If Yes. LIst Below)
Motorola Spectra AS
Department Head Approval
1. Objective of the plan: To provi
in the case of portable radio fail
2. Criteria for invoking the plan: Portable radios fail to work properly
Date /O.l)-f 1
':ve procedures and methods of communicatIOn
3. Expected life of the plan: Until repaired or replaced.
4. Roles, responsibilities, and authority: It shall be the responsibility of any officer who has problems
with a lIT-I 000 radio to report it to the shift sergeant. The shift sergeant will then verify if the
problem is isolated to a single mdio or all HT -1000 radios. If the problem is with all HT -1000 radios
the shift sergeant will notify the Police Chief or in his absence the Captain. The Chief or his designee
will immediately start the process for the repair or replacement of the radios.
5. Procedures for invoking contingency mode: The chief or his designee will notify all officers of the
need to operate in the contingency mode.
6. Procedures for operating in contingency mode: All officers will use the squad radio for normal
radio traffic. Officers will check out of the car when ever they le:lVe the squad They will leave a
phone number where they can be reached in an emergency. Department cellular phones will be
utilized for communications with dispatch when available. Officers with personal cellular phone will
be urged to use them in the emergency situation. Officers will be reimbursed for the use of their
personal phones by the city. The city will also cover a loss or damage to personal phones in use for
city business during the bIDe operations is in the contingency mode.
7. Resource plan for operating in the contingency mode (human resources): The police department
has I portable cellular phone to be used in the contingency mode. The department will attempt to
procure extra phones if an emergency situation arises. All department personnel will be polled to see if
they have a phone available for city use in an emergency situation.
8. Criteria for returning to normal mode: When portable radios are replaced or repaired.
9, Procedures for returning too normal operating mode: New or repaired equipment will be issued
and personnel will be notified the department is no longer operating under the contingency mode
10. Procedures for recovering lost or damages data: Does not apply
11. Estimated cost of the plan:
12. Post-contiDgency plan: Administration and staff will be to determine the effectiveness of the plan and
make and changes for future use.
13. Testing of contingency plan: All personnel will be given copies of the contIngency plan and be aware
of the plan if implementation is necessary.
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Contingency Planning Template
System: ?c~\ Ill.b\..: ~""'O\~
Risk. Class: C.o., ~ ~,~c ~~\~
Dept.: +\ c:lE
Date: "l- 1 Lt - <<\~
Created By:
(' hns 7 {"-L! L".
Related to Other Systems/Contingency Plans?
{IF yes, list be/ow.}
Dept. Head APprovcJ~ t1~#~
Date 7-/5>-9<1
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league of Minnesota Cities
\)
~
A Year 2000 Action Guide
Contingency Planning Template Continued
6. Proceduresforoperatingincontingenc'lmode 'wi:! ~c\.\.\:~L f'~'?\.~
\.. '",cA. o....-t t'" 0.. ('" \r.... \ 't\c-~c\~..t"'C'\... OV'\c... -tt.-. V'\c.....('V\. \-t' Tk "\-(\K. "- Yt~\.\~
-i cvv ~ VllV"'\ lY"'l.. fn.( N'c.L-\-\',^ Th ~\~'lYVU\C.\.
7. Resource plan for operating in contingency mode (human resources) c.~,,~(~ \~ * la \
% LU"..c..~ t.... n..t'\r~\~L~l pt" -r~~V\,,~ \ ~t..Ub\. 0..-+ ~-tc.d-u:,^,
8. Criteria for returning to normal operating mode ~ 6.'\ ~f'l e..tN'nt'r\.Cl ", ~ -hM5.
r"C... ~ ~ c.c.l \:0 (""\. ~ f" f't""\n..i
I
J:.
re.... h ~\l~ t....y+ro... ~t",.v ~O'I"\f'\e....L.
9. Procedures for returning to normal operating mode t;CUY'\~ c.\...c.." "'*= ~
1 O. Procedures for recovering lost or damaged data
N \A
11 . Estimated cost of the plan 'l\\ l~. '1! pc::...-- \n.,..
~ r au n".bbn.. n+- e..\j~-t:;.
12. Post contingency plan lY\~ L","-l~9. ... ~,\:\... or ~ ^-\ \::t'" At. :\t:r~~~-t
"l"l,,"", ~ P la..f"\. L~c.o{ \t. fJ"\ .
13. Testing of contingency plan ?~( t~ Jo..f"l. \ ~~" .lcoc C\.~L t.-lN"\.91c1,\ c.c..S
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leogue of Minnesota Cities
\J
~
A Year 2000 Action Guide
I~ I
.
.
.
.
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Contingency Planning Template
S '.J. \
ystem: '" Pr-o'\o -c
?~-a....-\/)o..~~t:
(' ~c-",~c",.
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Risk. Class: ~ {.....~o....s. ~i""O P "'-~ l'
Dept.: F\r~
Date: ..,- \4- C\G
Created By:
c...n""~ 7~.... 'L...
Related to Other Systems/Contingency Plans?
{If yes, list below.}
Dept. Head Approval ~ Cl~~~
Date 7-(5"'-?J J
1 . Objective of the plan A \ \
U c:. CJ... "-e.. .
.
e \..- t" "^\~~~ ~ r::,
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2. Criteria for invoking the plan (\~
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3. Expected life of the plan \....''^~;:\... c:....\f1' V\..{..~~ \~ "('c.~+(-'loV e...t.\ .
4. Roles, responsibilities, and authorily -:'~o('\.\i,," ~ ~ ~
L-.J \ ~LL \.~Uf\ \<..c. '9 ~ .
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c... "'-e.... r c. of
l
5. Procedures for invok.ing contingency mode ':;~\..Cw- 0- C::;:\.W
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.
LecSlJe of Minnesotc Cities
\j
~
A Year 2CCO Action Guice
Contingency Planning Template Continued
6. Procedures fcroperating in contingenclmode Q.~~~,c:m.tLL 'PU~~~L ~~
(" e~,,",,--c..
c ~CN'(!,tno. ~ "-.LL ~Ol.!. pM.U"\-l ll"\. O\.-t.. s'-4-a bllrl ,
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7. Resource plan for operating in contingency mode (human resources) C' l.......'(!.J ~c~ \or\. ~ L,
8. Criteria for returning to normal operating mode (. \u- .\t-, c:..~~. rt!...~ bre..c..l
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10. Procedures for recovering lost or domaged data r.J \ A-
t
.a. C)O 1\
11. Estimated cost of the plan w It) - '(?c..l "". fl...,.. CL\J-('~~ N:. ~vt..I"\-t.
12.Postcontingencyplan ~~-\:. v.J\'~ (,M...~cw~e.td. "=:('00 ('\.~k.r~,~
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1 3. Testing of contingency plan r-:v n~ '\:~ :I' c.,..,. \ ~
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leogue of Minnesoto Cities
~
~4~
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A Yeor 2000 Action Guide
,
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Contingency Planning Template
System:
~ o..c.~(~
,
Risk Closs: C" CA. -to.. c;. br~ '"' ,'"
Dept.: F'\~
Dote: L-\.4-'l~
Created By:
(' ..h,~\.c; Z ,. ~ \ L~
Reloted to Other Systems/Contingency Plans?
{IF yes, list below.}
Dept. Head Approvel ~Il.~~
Dote /-IS--~?
1. Obiective of the plan ("\.l\r~L
~nc:.~t'\~ (' r-~ "eo. b \. ~l\-\~
r I
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2. Criteria fer inveking the plcn N'\~,.1 "-_l' kll'" ~*-
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3. Expec~ed life of the plan ~"''''c::' \..
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5. Procedures for invoking contingency mode (\(+:~U"...... ~~ \. \ \.
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t"t"' C'}o_ \. \. or
f't' ....c:..l'-n1'-oL-L .
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leas;ue af Mir.r.escro Cities
\d
~~
~
A Year 2CCO Acticn Guide
Contingency Planning Template Continued
6. Procedures for operating in contingency mode Pt ~ b""A I
9 r1e..,....... n~ { U!. ~ a
h ~ t\.t:"If ~~~L........ \~ ~ e." '0........ ,~~ '\.t ..p "',"'.
"
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7, Resource pIon for operating in contingency mode Ihuman resources} A~ -\:.\~~_~.l le - \.:1
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8. Criteria for returning to normal operating mode "~p
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1. 0...\ \
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9. Procedures for returning to normal operating mode ~c.-t'W"\.~ CA.s. it:. <6
1 O. Procedures for recovering lost or damaged data
N\A
.
11. Estimated cost of the plan .. \.0 .O! ye..i" ~.... ~.. c:lu-c~~nr"\. oF ~ -~~~.
12. Post contingency plan N'\.u* t.~~bo. Ar-9~~-L -\:-t! <!.k.~....m.\'''-I
~w ~_ 9lo.,.... ~'^'"\t..u!l
1 3. Testing of contingency plan '? 'f ~\3'I ~ :r~,..... \ ~ , a ~~
()... \ \ (' ..-- rl o...t ~ ~ "
~ .
u.3\'-\. 'oe... "i'\~~~~\ Cl..t \~ cti\\..l \~ S<:.",~~,
lecgue cf Minnesotc Cities
\;)
~
A Year 2000 Aclicn Guide
>', /
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Contingency Planning Temelate
System: \n~UI... 'R.a.A..~~ \ 1>~~ Ko...C"'Uco.
Risk Closs: c.~~o...":.-broph~c...
Dept.: F \Vt
Dote: ,- \4 - ~C\
Created By:
c...\...r\"So 1 ... tl~
Related to Other Systems/Contingency Plans?
{If yes, list below.}
Depf. Head Approvel ~ tfl. 2tL~
Dote 7-/:;- -y~
1 . Objective of the plan N ~ r 1't"\C...\...
~ .,
"- b~",,","- '\" \ t.b..~'N'"\. c..,
~,-.;.'- G~\+.(: J
c\.\c..,~~ ~,..)-\:~(_ Co.. .
2.Criteriaforinvokingtheplan '\f\c..\fu~~~~ ('\~ ~\\ c\'( c.... c.,.,..t"i...~ Y"\\H'V'h~
~c:. -lc:'( \J L'L.. '('" r..~\..\ n \ ~ (.T\ bl'~ ~c..,~ V"~\...\~. ~ '
3. Expected life of the plan \J,,~L \Nt.. 'nt\.\J~ ~ ~"=o...'b\-e.. c..~.N\."..H~\~t...blV'\
<::....... c;..Ie:: 't...rC". ,
.
4. Roles, responsibilities, and authority Sc.~;c-.r
\N ~ \..\
~f'F'\~ \'1"\
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.
\;~"'\~() ~ "f~c:,...f' .
5. Procedures for invoking contingency mode ~e:.,,~(' C'l4+\c.u \.N~ \...L ClI.. ~~ \ c:. n
~t"I"\~L~~.'t...L'" \::O~, ~ 90-( +c.....r..~ .c.~\.\o'..... k..-\t..p~~~
~ c.... \ \~" ~.. n..d...:\.. 6.'~o L \c - \ .:l. .pCor." ~t'\~ \....
league of Minnesota Cities
\J
~
A Yeer 2CCO p.C:lon GUice
Contingency Planning Template Continued
6. Procedures for oFercting in contingency mode ~~ b~~ l
.
pe....~"i'V\t'_L w, '=''''
~ f'rr b.b\.~ 'f'"~o\..Lf!l'3
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en
~~~~~ ~~+t..~~
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7. Resource plan for oFeroting in contingency mode (human resources) c..r!!\J U'c.c.~ ; f'\
c'"~ ~ Q. ~\. b Ot"\t'lo. ( 9["-11"' "",,,r- \. o..~ ~c: ~-\~ hi", .
-:\k: ~ .
.
8. Criteria for returning to normal operating made \(l'\. rl. ,'n e..~~,--"" ~ e..~..-\d~_ "::t
'\~c:..-+(~f".-\ t~ 'l"\tw V'f"\d. \ ~d. "f'"LLLc:.M-L ~ :)etr~
9~ I"s.t'''"''t''\~\ .
9. Procedures for returning to normal operating mode C;~~ ~ :tt <g
1 O. Procedures for recovering lost or damaged dale
N\~
11. Estimated ccstofthe plan '\ ,~, ~ 'Pc.r ~..... ~-( dU~~-b.M o~ -E..~~"c:..
12. Post contingency plan (Yu-{ kn'l l "'" , ~ ~G.l ~ ^"l. t:-a ~\.~.;k.t" ""':'''--t
Y\a ~ P L.r.. .... w(.v" k..Lr1...
13. Testing of contingency plan ? no-r ta :J ~ \ gt" I J.OOO G...-L\. ~""'-f' Lo'1. ~c::.
\..1oJ \LL 'or V"'\~ ~ k".u:l 0. t \ 'S.! d..n.\.l \.~ SLf'~loer.
league of Mlnnesoto Cities
\;)
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A Year 2000 Action Guide
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Contingency Planning Template
-
System: .&A-PIT,.q~ 5~z.. ~sfE7V'l.
Risk Cless: CPiT..H.ST/!{JPH-lu
Dept.: ~;<.,. L~L 1~&lI'2-ILe:; I
Dete: / P /1 t::j !4J7
~.. /JA
Created By: /J M /' foot2-5
.
Related to Other Systems/Contingency PI~ns? ~, ~(Z:'"~
(IF l"". list below.) , Al iL.A
Dept. Heed Approvel ;Gt~
- " ...
1 . Objective cf the plen IYIA-JA/TA-I Iv ~>4 J..} r;-M J ,
/
/2; "Ti2&A-7f.t1E)J'/ P~7'
Date
/0/ 7-2/9'1
~vEJL H.oi..V'
2. Criteria for inveking the plan ~~~;:;;"I L~/lb
3. Expec~ed life of the plan tI mi L fJc~2- /"5 ~TO~"
'H,"'f3u"L, wO(2.,~'"5 Dl R..ecrbR- '4 A::6t~t--.:ST
4. Roles, responsibilities, cndcuthor!!y rlt.a.l(,. t.ooiX.:j b(~-.FipAt- k~(
SG.~~ 'D6pr ~ 'PuRU.c:... ~Ot;t...k::-<::' ~ yJ1 A-/J\JT"fDrt/') l-i Fr'ST7'f=f7 OAJ
~lT~ .
.
..
5. Precedures Fer invoking contingency mode ~~'2.. (:)t..t::i"'Af::::6
- A Ll4t2./11 RtJ, ,-uta=:.
-I-I/~ /.-6.JGL Al.AIGIUS ~
~,
league cf Minnesota Cities
\;)
~
A Yeer 2000 ,Aclicn Guice
. '.
Contingency Planning Template Continued
6. Procedures for operating in contingency mode -:SEE.to,Ell.... bqn-. hJ..) -:!iT I\FF.
Kt.wG- wo~ ~ 0)4:) (JJyJ-J' i 6Nf4/jJ~INcr ~
~KJ ~IA-, /.,A:JA--rp;l~~J'\ ~rF- a~ (JA,-~ ~.
.
7. Resource plan for operating in contingency mode (human resources)
8. Criteria for returning to normcl operating mode ~~ @ ~J2,7c j:b~
.. ~
i~ ~7bPa\ LIFT :if11r77o~ ?~~~ //<JIU- /~AJ
c>..J Au70/lfA-~ .5Br71~S.
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9. Procedures for relurning to normol operaHng mode tWH~! #1 ~ ~,,1f7: .
l2e7utuJp;;;() ro Aa7?J#JJ'H-a2- ~~I'I./J~
..
-
10. Procedures for recovering lost or damaged date ttl/~L.. E~ Ab ~ O,e,....
~ /.J. ~ PA=n4.
--
...
-
11 . Estimated cost of the plan OvE:e:17 M6 '?Av1 .
12. Post contingency plan 3 Nt!!JR./J1A-t!.- L/ F=r$1 /Tl/o~ tJA-H' J6; ~A-/~)
13. Testing of contingency plan Raft}. 6~~ J.<.7e:;,q.id-tj,1
-r:::. ~ ..
./~ /IZA~ ,~/7?Jfa; I"J;::atJ..~
,
,
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league of Minnesota Cities
~
A Year 2000 AcHon Guide
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PPR 2 6 1999
(,/:-
'./
Contingency Planning Template
System:
Risk Class:
Water
Cas trophic
Dept.:
Water Department
Date:
April 23, 1999
Created By:
Jim McKnight
Related to Other Systems/Contingency Plonsi
{If yes, list below.}
Dept. Head Approval Same
April 23, 1999
Date
1 . Objective of the plan
Maintian normal level of service.
2. Criterio for invoking the pion Loss of electricity or phones.
3. Expected life of the plan Until these services are restored.
4. Roles, responsibilities, and authorily
Department manager will be in charge
and assign work as needed.
5. Procedures for invoking contingency mode Two people will be on duty the
night of 12-31-99 from 11:30 P.M. until 12:30 A.M. to see if
there is a power failure or loss of phone service.
league of Minnesota Cities
~
A Year 2000 Action Guide
Contingency Planning Template Continued
If phone system goes down we can
6. Procedures for operating in contingency mode
run pumps by hand from each station as long as there is power.
Without power we. will be unable to provide the City with water.
7, Resource plan for operating in contingency mode (human resources)
Two people on call with ability to call in four more for help.
8. Criteria for returning to normal operating mode
When power and phone service
is restored.
Return pumps to runing
9. Procedures for returning to normal operating mode
automatically.
10. Procedures for recovering lost or damaged data
N/A
11, Estimated cost of the plan I f we were
or power
enerator
12. Post contingency plan
13. Testing of contingency plan
league of Minnesota Cities
~
A Year 2000 Action Guide
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l\'IElVI ORl\ND Ul\I
TO:
Rose Holman
/J{J
FROl\-I:
Diane Deblon, Finance Director
DATE: August 4, 1999
SUBJECT: Continszencv Plan for Y-2k Issues
. _ J
The Finance Department contingency plan for the A/S~OO and System 36 is to prepare
finance documents manually with PC support.
The Finance Department contingency plan for banking services is to have normal
amounts of funds available in the city's main checking account and to not utilize other
banking services for the 1st full week of January, 2000.
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. ~a/22/1~~9 16:a9 43~1237
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STCROIX\.'AL'r'REC:ENTER
P':"GE 132
Conting~nOl Planning Temelate
Syif8r1: ; 80ft e r .DDrt16
R1S!r. C:cas: I we ('~
Dept.:..J20 r C OJA ~r
Ccte: <0 - 5" -7'q
Cr.aJed ~: Dc \.AC-.. I r? <. 2 (' (\.- ~ V
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Relcted 10 Other Sy8ma/CcnIi~8ncy PfaMi
(1I)1SS. IiM ,be/cw.J
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2. Ol!er!e fer :mcking ... Pc" reA \A.. S
~(^\.Att~tA ~ UOvJ!L
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I
I
4. ~oie5~ reapcnalb4i1tles. ar.C outhcril'f L\.jU~ Bro....dy 'I,^ <Z ho...\\C'~ -e ~ Clf€W
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; ~ f...",ve.. G€-V'-<s"a...~Z'V"S C>-V~ 'f"v..OV-.....\vo....<!:::.
5. Proc:~uresFctilM:kil'lQt=nItngwncymcd. ~ 1.-L"S ~ ~ ~c_: l-ev--
fV'c-,-"--e- ~(..M..'~ s.~\.' ("> 0 '^-~lI"o-..t-~/ $.i-!-c..v-L i'D. I'led--
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p'.c.. ~ooe_ 5v..~ L..'^--ro....,.o 0. II .... 1""1 ....~ ~ ,.- ~<.. g f-c...v ~
~Q ; I\X:)~ ,Lo~~r r ':,,:IA.-t- \b1e.s. LlP--O l",-k
A- 'I .' <; T ..,. ().. c."b.).. " .e....
~ec~...e d ".'mr.e~ Cir.es
~x
~
A Veer 2COO ~ciol'l GUide
Ja/22/1~~9 16:aS
4391::37
STCROIXVAL~RECC~NTER
PAGE 03
Contingency Plonning Template Continued
.
./'
(
~. Prec3dura: ~ ~n::ti"i In c::ntingenc'1 mcde
7. bacura p/c~ Fe, cl=lf'CM"S '" cc,,:rngency mode {....man ~..I 'Dn\.1.~ ~f"" Jy I ~IA~ .,kl~iIl ~""I
fSn b ~ Y\. ~ -e.vC:t'1v1
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8. Ctlte,rc: for r~mi~ 10 '1etIIIcI opefCllng mcda .J:'~''''' + l'~.~\ 5\.;- uct (..t.~
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r~ \ c.. ur ~ ""5 u ~ "'-..-t- '\0 O("'\~l~ I fbs :+io l/'.
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11. E:ltmc:locll 01 duo p.. ~ 5, 0::0
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12. Post c:=ntln9~ncy pion
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league 0: Minnescrc, Gries
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A Veer ~CCO ACI:c;r GJiCg
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MEMORANDUM
TO:
Mayor and Council
FR:
City Coordinator
RE:
Foundation bids and agreement
with Mahtomedi to build second
sheet of ice
DA:
October 29, 1999
Discussion:
Accompanying this memorandum is a summary of the bids and the costs to construct the
foundations for the second ice sheet. The low bids were submitted by Miller Excavation
(excavation work) and Northland, Inc. (concrete work), at $24,750.00 and $37,300.00
respectively. The bids were less than estimated and staff recommends awarding the bids to the
apparent low bidders.
F or your information, the City had to apply for a side yard set back variance to construct the
second ice sheet. This matter will be heard by the Planning Commission on November 8, 1999.
Therefore, the Council will need to award the bids subject to Planning Commission approval of
the variance.
Also accompanying this memo is the latest draft of the agreement between the City of Stillwater
and the City of Mahtomedi to partner in the construction of the second ice sheet. The agreement
will be explained at the meeting.
Recommendation:
Council award bids for construction of second sheet of ice foundation and approve "Partnership"
agreement between the City of Stillwater and the City of Mahtomedi (subject to Planning
Commission approval of side yard set back variance).
,
CCT,2S, 1999
"
October 29, 1999
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I I II. I~ II',", II I';' I I ',' ",.II' ",, '",.: '. "' .... 'I"~ ", \'1: J, II 'I I
: ~ I . : I~.l '.:."',', .:' l' ,I~ ,'" l.p. I ,I lor' :,'. :': '" I, '". :, l r \ .,', 01' '11.,
i'u' '1":': .:.f,:~ . .' 'II!: ~IIIJ.. R/(~: ~r~~' ": :': ":, /.:: '.. ::,'l.:f: ,~'.;:: i':!..' j.,;:'::!'""W...,; f~,:.l
I.~."'l'" "<"""'I:.S1,~IC.,_ft' "'1"'" .,,1, I, ',..
I , / ,'. ,'::,,,1'.'" 'nt' " ,p':, ~I, '::,,' I .. I a " I ,,' " I: ... I ;l~JI"'~I': II, .. ~"/:'l, ~ ,:':~' ..
" "",, ~I " ""1 "l~ "I~I~' ., I,' I \".\",1', ~ J,'." I ... I ,
\~: r, ",'Jif<' ,,,,~ 1'IJt:" " .I,ill:' p'l) I ~. ~' ", ,';, I' '. :.:' ,..," .:. ,'\:',"Ifr' ".. ~.,.":',' ',',,'" , ,:
I . I"", . '... 'lil) .un'1 I, I I . It! ..\ ',' ,..""" ~n"'l " ",Io'iI" I ,
I I~, :;. :" i'~." ,". :,~fl:':":' ,fr. :f'111 '~',"off'~ '.... ,IJ( . ", . "~'1'~! "I' .'" :~"'.'L."'~;:: ":IIU.,~ .:,:' ~'II
" i-, :1" ,. .,f', I ",Ii ,I\t. ",.l I I . .,t I """ I
FOUNDATION COSTS
. 1) Construction $ 82,250
2) GWOFee (3%) $ 2,467
3) Ankeny-Kell Fee (Foundation Only) $ 10,000
4) Owner's Construction $ 6,000
5) FFB Items ~ None
Subtotal: $100,717
6) Net Capitalized Interest $ TBD
7) Bonding $ TBD
8) City Legal $ TBD
9) Contingency (3%) $ TBD
Totd Project Costs:
.
CCT.2S.1999 10:41AM GEORGE W OLSEN CONST
NO. 522 P.2/2
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1"
October 29,1999
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COST BREAKDOWN
1. Construction Costs (Item '1)
1,1) Excavation (Bid Package lA) ..
(Miller Excavation)
. Base Bid $ 24,750
. Anticipated Soil Correction $ 1,200
1.2) Foundation (Bid Package 1B) ..
~orthland Concrete/Masonry)
. Base Bid $ 37,300
1.3) OWO .. General Conditions & Material Furnished
. Superintendent $ 5,400
. Building Layout $ 954
. Temp. Heat/Winter Cover (Allowance) $ 4,000
. Styrofoam (Foundation ~ulation) S 1,878
. Reixlforc:ing Material $ 3,900 .
. Reinforcing (Unloading) $ 168
. Precast Embedded Steel Plate (Allowance) $ 2,000
'. Remove ~or Light Poles at North
Footing Une $ 700
Total Co:nstruction Costs: $ 82,250
2. Owner's Construction Costs
. Relocate NSP Electric Service (Allowance)
. Temp. Utilities lor Construction (Electric ..
Telephone.. Toilet) (Allowance)
Total Owrler's Consb'Uction:
S 5,000
$ 1.000
$ 6,000
.
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BID PACKAGE lA - EXCAVATION
BOdd' '. . B "Bod" ~ j" '.' .; q '::' " (''1l~.."T' OiLI 'DJ.:.' .'. ,""'"'''' ~ J..hi... Bi'
,,;.. ,...;,' ',.. 1 eri,,, ,,;.;:~"t),f:' ,'\ "~',';":i ~ ase~ l' ;::t pt '~t~~_",m.. -GdC'S~~""':' .".'~~~~ "",,~: ';
': , ; , ,;" ~.~,i~'\~'-<~' '\:.~;;(;'~.. 7~:':~{~.. 'J~c,~~,,'~.~~~; . .. . ~"
, . :' . _' '; ~'h .'i~.,.... ' '>Y,<.,~,';-..;. ~':.? : (.t::~~';l:<:~~':i.f~:~' Granular Fill UnsuItable Solis Common Fill.,,, ,:'''1'
Miller
24,750.00
7,00/ c
2.50/ c
7,00/ c
x
x
Jor enson
26,000,00
20,00
10.00 c
18,00/ c
x
x
BID PACKAGE 1B - FOUNDATION
. - ,
11~' ~.~ .',~_~~J' ,"., ',._'~r.:-~~..., .
. :...~ . ., ~: .j'~"~ "'1
, :Bidder': " ,,'
Kellin on
Northland
Jor enson
. ., .'t>"'.i'''~\~ t...."'...:. . ;~.. ~l:.o<;.} .~.... ','1':~~~~~";'~Ii<~t......1t i\li ,"',k~': ..~.,' "1 " " I I' . " " ,;" :I.{...~\'I/lt
...~t ,'l.." i..06.~ ,,'1I~.o :'.; l;'<:'~,~"'~ ""1"'!....... l~'" ..".......'i.,:;.~". ".:..'11IAo....U~~::.; ~41 "__t,.j.~ '~.... .r:~i.i:';."'t tf'....,;... .".;.......,~... "-l~>:.&. ";'1;.'f~.J; ~\.,\, .v~ ~'";,
,~~ N. <w" ... ......>J .....-. .... ;p-... ....... 4I'1"'U:'~~ ..~ J"7"'....."~ .~~: .. '-4'0: I'.."~.... I I I',' . ~~~f I 'I li~l~ {........ ,,;.1,1;,,.\
" . ."." -d' '~.'.: . ".\ .', '-".' .... ," .,--, ',. .1'-\"<1./"1.,. ,\~,,'''',':'/Bl-'a' 'BO!'n~'d~~h!"."'<,':' ~'''''..''~''.~a' d'~n'. ..._"~
;Base,Bl' :~ ~\::,../,~ . ~~:*. ,;ly1 : ",,">:':\'i)<"'-l':,,~~, .'.~;; 'r-~-\,',AU''':;t.~ ~"", ','. ",- . -.'t'r. ....
" . ',..:-~~.. I,\:... ....~....t~~. ~ "", ;,>",~"'-/u~;..:;.rv-....~.n: ....-T..'!t;ilf.. <l;,A,,"V .:r:'fJ...,....~ ~
54,000.00
x
37,300,00
x
53,000,00
x
x
.X
x
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'.IGGS AN!> ::\'IORGAN
FROH>SION....L 'S~OC.I^TlON
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October 29, 1999
Vl4 FAX (651-439-5641)
David T. Magnu:son. Esq
The Desch Office Building
Magnuson Law Firm
333 North Main Street, Suite 202
Sullwater, MN 55082
VIA FAX (651-430-8809)
Nlle L Kriesel
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Re: Ice Arena
Gentlemen'
2200 fTRH NATIONAl. MNK BUILDING
332 MINNE~Ol^ ~'kE,E'
~AJNT PAll!.. MINNUOTA 55101
lCLEPIIONE [~121 l2.~-6600
foACSIMIl.F. 1612) U.'\otS450
WRITF.R'S DIRECT mAL
(65 t) 223-6513
W~lIFR'''' ~'M^H.
spedav@briggs com
Attached is revised Agreement together with a red-Ime showing changes to the previous draft
v cry truly yours,
OJ S ,se
Encl
cc Ion Hohenstein (WIEnel - Via Fax)
IU!)S9S7 l
"'INNEAPOll.5 OFFICE. Ill:> Cf.Nl EI{. WWW8RICCSCOM
\tE'-t8ER - LEX MUl'oll)., ^ <;WllAL ~::.OCI^T10N 0F l..O~I'I:.Ntlt:.Nl L.....w nRM~
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ARENA USE AGREEMENT
This Arena Use Agreement f'Agreement'l) is made this _ day of November, 1999~
between the CITY OF STU-L WATER. a Minnesota municipal corporation and home rule city of
the third class ("Stillwater"), with offices at 216 N. 4th Street, Stillwater, MN 44082, and the
CITY OF MAHTOMEDII a Minnesota municipal corporation and statutory city with offices at
600 Stillwater Road. Mahtomedi. Minnesot~ 55115 ("Mahtomedi").
WITNESSETH
Stillwater owns Lily Lake Ice Arena ("Lily Lake"). 1208 South Greely. Stillwater.
Minnesota, which cOntaIns one indoor ice arena and the St Croix Recreation Center C'Sports
Facility"). 1615 Market Drive, Stillwater, Minnesota. which presently features an indoor ice arena.
("Game Sheet") and a multipurpose domed field house. and Stillwater proposes construction of an
additional indoor ice arena ("New Ice Sheet") at the Sports Facility, scheduled to be completed in
October 2000 (collectively, the "Facilities")
The Facilities are being financed, constructed and maintained pursuant to the authority
granted to Stillwater by the provisions ofMinn Stat S 471.191. The Facilities are also being
financed, at least in part. by a grant by the State of Mmnesota through an Agreement with the
Minnesota Amateur Sports Commission made pursuant to the provisions of Minn. Stat.
~ 240A lOin order to carry out the State's interest in the development of new statewide public ice
facilities, and by a payment from the City of Mahtomedi described in this Agreement
Mahtomedi is desirous of obtaining certain periods of exclUSive use of an ice arena for
Mahtomedi residents, the Mahtomedi Youth Hockey Association ("MYHA") and Independent
School District 832 ("Mahtomedi High Schoolu or IIMHSU), organizations that have been without
a secure facility. This payment will benefit Mahtomedi and accrue to the benefit of all citizens of
Mahtomedi as a recreational facility within the me~ning of Minn. Stat. ~ 471 191
NOW, THEREFORE. in considera.tion of mutual promises and other consideration the
parties agree as follows:
ARTICLE I
FLl\lANCING
Section 1. Financine Construction. The cost of constructing the New lee Sheet is
estimated to be $3,200.000 and will be financed by the lSSUance of bonds by Stillwater, subject to
the fulfillment of such other conditions as Stillwater may require with respect to the issuance of its
bonds in connection with the New Ice Sheet and the agreement of Stillwater and any holder or
purchaser as to the details of the bond issue and provision Oflt8 payment Upon at least 30 days
prior notice, Mahtomedi wlll deposit with Stillwater, as a contribution to the fund dedicated to the
construction of the New Ice Sheet, the sum of$700.000.00 (possibly including an item of new
equipment in Stillwater's finance budget) on the terms and conditions set forth in tlus Agreement.
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ARTICLE II
PRE-OPENING PHASE
Section 2.
Ouenine Date: Pre-Opening Phase,
2.01 The date when the New Ice Sheet is first opened for use by the general public is
referred to as the "Opening Datell. It is planned that the Opening Date will be on or before
October 1.2000. After the date of this Agreement and through the Opening Date, Mahtomedi
will provide the services described in this Article II The period between the effective date of this
Agreement and the Opening Date IS referred to as the "Pre-Opening Phase"
Section 3.
Responsibilities: Pre-Opening Phase
3.01 Mabtomedi's Responsibilities:
a. Give advice to Stillwater and its architect, Ankney-Kell Architects, Inc.
(the IIArchitectll) on the detailed plans, designs, layouts and specifications for the location
with respect to all goods, equipment and selVices required in connection with the
construction, furnishing, equipping and future use of the New Ice Sheet. including its
interior spaces, and for any parts of the area surrounding the New Ice Sheet to ensure an
operationally efficient facility.
b. Offer recommendations for revlsions, additions or deletions to the
architectural plans and their impact upon anticipated operation requirements of the New
Ice Sheet
c. Consult with Stillwater on preparing the New Ice Sheet and after the
Opening Date, including without limitation. to advise as to booking ice time and
development of policies and procedures to implement this Agreement.
d. Perform such other services consistent herewith as Stillwater may
reasonably require.
3.02 Stillwater's Responsibilities:
a. Provide the site and construct the project according to the plans previously
approved by Stillwater on ~ 1999.
b. Determine the operating hours and rate schedule of the Facilities and its
various components in consultation with Mahtomedi and the manager of the New Ice
Sheet, subject to the specific requirements of ~ 5,01 below
c Make all debt service payments in connection with the Tax Exempt
Revenue Bonds used to construct the project and all related accounting and legal services
associated with this bond issuance.
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ARTICLE m
OPERA TIONS PHASE
Section 4,
Primary Term and Phase Out Te.'m.
4.01 Primary Term. After the Opening Date and contmumg during the term of20
Winter Seasons. as hereinafter defined in Section 6 (the "Operations Phase"), Stillwater will
provide Mahtomedi with the services set forth in this Article III.
4.02 Phase Out Term. Unless the parties shall mutually agree otherwise, upon
completion of the Primary Tenn. the Operations Phase shall continue for an additional four
Winter Seasons upon aU of the same tenns and conditions set fonh in this Article III. except that
the 825 hour purchase bruaranty and the ice time distribution schedule contained in Section 5
below, both shall be reduced to 600 hours for the first additional Winter Season, to 495 hours for
the second additional Winter Season. to 330 hours for the third additlOnal Winter Season, and to
165 hours for the fourth and final additional Winter Season
4.03 Extension of Primary Term In the event that (i) the Opening Date, for any
reason. is delayed beyond November I, 2000, or (il) after the Opening Date Mahtomedi's use of
all or any portion of the Facilities, rOt" any reason, is materially prevented during any Winter
Season for a periOd of time exceeding 20 days. the~ in either case, the obligation ofMahtomedi
to purchase ice time shall be reduced accordingly for that Winter Season. and the Primary Term of
this Agreement will be extended by an amount of time which is reasonable under the
circumstances and to which the parties mutually consent.
Section 5.
Responsibilitie."i.
5.01 Mahtomedi's Responsibilities: Mahtomedi guarantees purchase from Stillwater
of 825 hours of ice time during each Winter Season. This total may be achieved by direct
purchase of the ice time by the MYHA or the MHS all according to the ice schedule and
distribution set forth in Schedule 5.01, attached to and by reference fully incorporated into this
Agreement.
The ice time distribution schedule and rules specified in Schedule 5.0 I are intended to be
used as a gUIde to ensure the fair distribution ofice time among the users of the Facilities. Strict
adherence to the schedule may not always be practical and may be subject to necessary and
reasonable change. However, Stillwater will attempt to obtain the mutual agreement of
Mahtomedi for any changes or will compensate Mahtomedi accordingly for any loss of ice time
resulting from the change
5.02 Stillwater's Responsibilities:
a. OperatIng Hours. Determine the operating hours and rate schedule of the
Facilities subject to the foregoing allocation that is promised to Mahtomedi and subject to
the further condition that the rates charged to Mahtomedi, MYHA and MHS will not be
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greater than rates charged to any other user groups mcluding those from the Stillwater
area
b. Trash Removal. Haul trash from the Facilities, provided trash is placed in
dwnpsters provided by Stillwater. and maintain the Facilities in a presentable manner.
c. Snow Removal Plow snow from parking lot areas to be used by visitors
to the Facilities.
d. Operation and Maintenance. Operate, maintain and repair all indoor and
outdoor areas of the Facilities.
e. Bond Payments. Make all debt service payments in connection with the
Tax Exempt Revenue Bonds used to construct the project and all related accounting and
legal services associated with this bond issuance. and any and all other debt service.
utilities. operating, repair and maintenance costs relating to the Facilities.
f Open Skating. Make open skating available for residents of the Mahtomedi
area upon the same terms. charges and conditions as for residents of the Stillwater area.
ARTICLE IV
GENERAL TERMS AND CONDITIONS
Section 6. Reoresentation of Stillwater Stillwater represents and warrants to
Mahtomedi as an inducement ofMahtomedi entering into this Agreement, that it is Stillwaters
intent that the Facilities will be permitted to be open to the public at times and in a manner
consistent with indusUy practices, continuously from Opening Date to and including the year
2020, during the months of September through March (each a I'Winter Season") Use of the
Facilities during the months of April through August is subject to availability and on a first
come/first served basis.
Section 7. Standard of Operation Stillwater represents and warrants to Mahtomedi
that it will maintain an efficient and high quality operatlon at the Facility comparable to other
locations containing ice arenas and related facilities similar to those of the Facilities, and that such
operations shall be in compliance with all applicable govemmentallaws
Section 8.
Default. Termination. Rieht to Cure, Consent to Jurisdiction.
8.01 It will be an event of default eEvent of Default ") hereunder If either party hereto:
a. During the Pre-Opening Phase. fails to issue its bonds or to construct the
New Ice Sheet (as to Stillwater) or make the payments (as to Mahtomedi) required by
Article I, Section 1 with regard to the financing of the New Ice Sheet. In such event, the
non-defaulting party may terminate this Agreement by written notice to the defaulting
party with no opportunity to cure and any sums paid by one party to another must be
promptly returned to the payor together with any interest actually earned thereon.
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b. DUrIng the Operations Phase, fails to pay any amount or to perform any
material obligation required of it under this Agreement within 30 days following written
notice thereof stating such failure in detail
8.02 After commencement of the Operations Phase and during the remainder of the
teon of this Agreement, except as set forth in Section 11 of this Agreement, either pany. upon not
less than one year advance written notice to the other party. may terminate the Primary Term of
this Agreement effective as of April 111 of a designated year following such notice, upon the
following terms and conditions.
a. In the event Stillwater gives proper notice of termination, (unless the
panies shall mutually agree otherwise) on the April 1st effective date, Stillwater shall pay
to Mahtomedi in cash the sum which pertains to the calendar year of such effective date as
shown on Schedule 8.02(a) attached hereto and by reference fully incorporated herein. At
the election of Stillwater such sum may be paid in four equal annual installments the first
installment being due on such effective date and the subsequent installments, together with
interest thereon from such effective date until paid at the rate of 5% per a.nnum. being due
on each April 111 thereafter At the election of Mahtomedi, the responsibilities of the
parties under Section 5 above shall continue a.fter such effective date under a four Winter
Season phase out term in the manner set forth in Section 4.02 above.
b. In the event Mahtomedi gives proper notice of termination, (unless the
parties shall mutually agree otherwise) then at the election of Stillwater the responsibilities
of the parties under Section 5 above shall continue following such April I ~l eftectiVe date
under a phase out schedule as shown in Schedule 8.02(b) attached hereto and fully
incorporated by reference herem. During such phase out Mahtomedi shaH have the right
to sub-lease the ice time to third parties at the same rates and under [he same conditions as
this agreement prescribes for Mahtomedi
8.03 The parties agree that it is in their best interests to resolve any disputes or defaults,
and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in
equity, upon an Event of Default. the parties will, in good faith, consider alternative dispute
resolution procedures, including, without limitation, arbitration and mediation. The party who
wishes to exercise its remedies will notifY the other party thereof, which notice will specify the
alternative dispute resolution mechanism that the exercising party wishes to employ (the uExercise
Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute
resolution mechanism to which they agree (including, without limitation, the binding nature of any
such alternative dispute resolution proceedings); provided however that if no such resolution has
been achieved within ninety (90) days after the effective date of the Exercise Notice, the
exercising party may proceed to exercise its other remedies, including, without limitation.
termination of this Agreement, or a suit for speCific performance and/or damages
8.04 The parties and each of them hereby Irrevocably submits to the jurisdiction of
Wasbmgton County Minnesota District Court over any actlOn or proceedings arising out of or
relating to this Agreement or any other document evidencing the transaction contemplated by this
Agreement_
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Section 9.
Insurance.
9.01 In connection with the employment of its employees, Stillwater will pay all
applicable social security, re-employment, workers' compensation or other employment taxes or
contributions of insurance, and will comply with all federal and state laws and regulations relatmg
to employment generally. minimum wages, social security, fe-employment insurance and worker's
compensation Stillwater will indemnify and hold harmless Mahtomedi from all costs, expenses,
claims or damages resulting from any failure of Stillwater to comply with this Section 9.01.
9.02 Stillwater or its agents must procure and maintain at ail times insurance for all
lawful use or occupancy of the Facilities. The minimum amounts of such coverages will be as
follows:
a For Property Damage and Bodily Injury, and Automobile
Coverage: $1,000,000 per Occurrence and $1,000.000 General Aggregate.
b Products-Completed Operations Aggregate: $2,000,000.
c Personal and Advertising Injury $1,000,000 per Occurrence.
d. Medical Expenses $5.000 per Occurrence
9.03 Stillwater or its agents must procure all Risk Property Insurance for the completed
value of the Facilities to cover the Facilities including Mahtomedi's use and occupancy of the
Facilities, against the perils office and other perils normally covered by an All Risk policy.
9.04 Neither party shall be liable to the other party for damages arising out of the
occurrence of damage to or destruction of any portion of the F acili ties or the contents thereof or
the personal property of either party, or those Claiming under them, by fire or other casualty or
peril, which losses could be covered by an All Risk insurance policy Of which is In fact covered by
any insurance, including deductlbJe or self-insurance, or other or addItional insurance of either
party. and each party does hereby waive all claims against the other party. and those for whom the
other pany is responsible, for any such losses and damages, whether or not such loss, damage or
destruction be the result of negligence on the part of either party (and as to Mahtomedi including
MYRA and MHS), its directors, officials. officers, employees. or agents, including the rights of
subrogation of any insurer under applicable insurance policies
Section 10. Indemnity. Stillwater agrees to mdemnity, hold harmless, protect, and
defend Mahtomedi and MYRA and MHS and their respective agents, representatives, directors,
officials, officers and employees, and any affiliated or related entities, against any and all claims,
loss, liability. damages. costs and expenses, including reasonable attorney's fees, that are alleged
to have occurred as a result of or due to the breach of contract, negligence or willful misconduct
of Stillwater. its agents. consultants, subcontractors. employees or representatives, to the extent
that sucb claim, loss. liability, damage, cost or expense is alleged to have been caused by
Stillwater. its agents. consultants, subcontractors, employees or representatives. By this
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indemnity, which is not intended to be the procurement of insurance, Stillwater in no way
knowingly or intentionally waives its "maximum liability" as specified in Minn Stat. ~ 466.04.
Section 11. Damaee to and Destruction of the Location Ifall or part of the
Facilities is rendered untenantable by damage from fire and other casualty which, in the reasonable
opinion of Stillwater:
a. Can be substantially repaired under applicable laws and governmental
regulations within three hundred shay-five (365) days :from the date of such casualty
(employing nonnaJ construction methods without overtime or other premium), Stillwater
wiU forthwith at its own expense repair such damage other than damage to Mahtomedi's
improvements. furniture, chattels or trade fixtures. During the period during which the
Facilities. or any part thereof, remains untenantable, until the damaged Facility resumes
full operation:
(i) The responsibility of Mahtomedi to purchase ice time shall be
reduced accordingly; and
(ii) Subject to applicable law, the term of this Agreement will be
extended by an amount of time which is reasonable under the circumstances and to
which the parties mutually consent.
b. Cannot be substantially repaired under applicable laws and governmental
regulations in three hundred sixty-five (365) days from the date of such casualty
(employing normal construction methods without overtime or other premium), then
Stillwater must notify Mahtomedi thereof In this case, either Mahtomedi or Stillwater
may elect to tenninate this Agreement as of the date of the casualty by written notice
delivered to the other. in accordance with Section 8.02 above. If neither party elects to so
terminate this Agreement. then Stillwater shall proceed with the repair in a diligent manner
and complete the same as soon as reasonably possible and the provisions of the second
sentence of Section 11(a) above shall apply
Section 12. Employees.
11.01 All persons engaged at the Facility in operating any of the services hereunder arc
the sole and exclusive employees of Stillwater or its agents and must be paid by Stillwater or its
agents. In connection with the employment of its employees, Stillwater or its agents will pay all
applicable social security, re-employment insurance, workers' compensation or other employment
taxes or contributions to insurance plans, and retirement benefits, and must comply with all
federal and state laws and regulations relating to employment generally, minimum wages, social
secunty, re-employment insurance and worker's compensation, and will defend, indemnify and
save Mahtomedi harmless from any responsibility therefore Stillwater must comply with all
applicable laws, ordinances and regulations including. without limitation, those pertaining to
human rights and nondiscrimination set forth in Minn. Stat. ~ 181 59, Minn. Stat. Ch. 363 and the
City of Stillwater as the same may be amended from time to time, all of which are incorporated
herein by reference.
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11.02 Stillwater will insure that its agents will employ trained and neatly dressed
employees and the employees must conduct themselves at all times in a proper and respectful
marmer. Any dismissal must be in accordance with applicable federal, state or local laws which
may be in effect, and Stillwater will defend. indemnify and save Mahtomedl harmless from any
claim, cause ofactioD. expense (including attorneysl fees), loss. cost or damage of any k1nd or
nature arising therefrom.
Section 13. Nonwaiver. The failure of either party at any time to enforce a provision
oftrus Agreement wiD in no way constitute a waiver of the provision, nor in any way affect the
validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each
and every provis10n hereof.
Section 14. Amendment. The parties may amend this Agreement only by written
agreement executed by the parties.
Section 15. ChQice of Law. The laws of the State of Minnesota will govern the rights
and obligations of the parties under this Agreement.
Section 16. Severability Any provision of this Agreement decreed invalid by a court
of competent jurisdiction will not invalidate the remaining provisions of this Agreement.
Section 17. Notices
17.01 Any notice required herein will be in writing and will be deemed effective and
received (a) upon personal delivery~ (b) five (5) days after deposit in the United States mail.
certified mail. return receipt requested. postage prepaid. or (c) one (1) business day after deposit
with a national overnight air courier. fees prepaid, to Stillwater or Mahtomedi at the following
addresses.
If sent to the City:
City Coordinator
City of Stillwater
216 North 4th Street
Stillwater, l\.1N 55082
with a copy to,
City Treasurer and Finance Director
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
If sent to Mahtomedi:
Administrator
City ofMahtomedi
600 Stillwater Road
Mahtomedi. MN 55115
with a copy to'
Finance Director
City of Mahtomedi
lO~'626.2
8
)~nt by:. BR~GG8 MORGAN 8T PAUL
651 223 6450j
10/29/99 3:35PMj#450;
Page 11/30
.
.
.
600 Stillwater Road
Mahtomedi, MN 5511 S
17.02 Stillwater's representative in connection with Facilities operations will be Nile
Kriesel, City Coordinator, and Jon Hohenstein, City Administrator, will be Mahtomedils
representative. Either party may designate an additional or another representative or address for
notices upon giving notice to the other party pursuant to this paragraph For the purposes of this
Agreement, "business day" will mean a day which IS not a Saturday, a Sunday or a legal holiday of
the United States of America
Section 18. Force Majeure.
18.01 Neither party will be obligated to perform hereunder, and neither will be deemed to
be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil
commotion or other matter or condition of like nature, including the unavailability of sufficient
fuel or energy to operate the Facilities, or any law, ordinance, rule, regulation or order of any
public or military authority stemming from the existence of economic controls, riot, hostilities,
war or governmental law and regulations.
18.02 In the event of a labor dispute which results in a strike, picket or boycott affecting
the Facilities or the services described in the Agreement. Stillwater will not be deemed to be in
default or to have breached any part of this Agreement.
18.03 Notwithstanding any other provision of this Agreement, in the event that the State
of Minnesota changes or terminates the statutory authority of Mahtomedi or Stillwater for
building, operating, maintaining and using the Facilities, and the cbanges make this Agreement
impractical or unlawful to carry out. Mahtomedi or Stillwater will have the right to terminate this
Agreement, and will meet and confer with regard to agreeable terms of termination.
Section 19. Inteeration This Agreement and all appendices and amendments hereto
embody the entire agreement of the parties relating to the services to be provided hereunder.
There are no promises. terms, conditions or obligations other than those contained herein, and this
Agreement will supersede all previous communications. representations, or agreements, either
oral or written, between the parties hereto
IN WITNESS WHEREOF. the parties hereto have caused thIS Agreement to be executed
on the day and year first above written.
CITY OF STlLLW A TER,
a Minnesota municipal corporation
Jay L. Kimble, Mayor
109'626.2
9
)ent by~ BRIGGS MORGAN ST PAUL
. '
.
.
.
109'6261
651 223 6450j
10/29/99 3:35PMj#450j
Page 12/30
ATTEST'
Morli Weldon, Clerk
CITY OF MAHTOMEDI
By:
Yale Norwick. Mayor
By:
Mary Shea Kodluboy, Deputy Clerk
10
)e.nt by.:. BRI~G8 ''lORGAN 8T PAUL
651 223 6450j
10/29/99 3:35PMj#450j
Page 13/30
.
.
.
STATE OF MfNNESOTA )
)55
COUNTY OF WASHINGTON )
On this _ day of November, 1999, before me, a Notary Public within and for said
County, appeared Jay L. Kimble and Modi Weldon, who, being by me duly sworn. did say that
they are, respectively. the Mayor and City Clerk of the City of Stillwater. and that this instrument
was signed and sealed in behalf of the City by authority of its City Council, and they
acknowledged the said instrument was the free act and deed of the City.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this _ day of November, 1999, before me. a Notary Public within and for said
County, appeared Yale Norwick and Mary Shea Kodluboy, who, being by me duly sworn. did say
that they are, respectively, the Mayor and Deputy Clerk, respectively, of the City ofMahtomedi,
and that this instrument was signed and sealed in behalf of the City by authority of its City
Counci~ and they acknowledged the said instrument was the free act and deed of the City.
Notary Public
1095626.2
11
lent by~ BRIGGS UORGAN ST PAUL
. '
.
.
.
651 223 6450;
Schedule 5.01
10/29/99 3:35PM;#450;
Mahtomedi Ice Time Schedule
109j626_2
12
Page 14/30
lent by~ BRIGGS MORGAN ST PAUL
. ... ~
651 223 6450;
10/29/99 3:36PM;#450;
. Schedule 8.02(a)
Termination Payment (Stillwater Termination)
April ..t
Effective Date
2001 $735.000
2002 771,750
2003 811,338
2004 851,905
2005 894.500
2006 939,225
2007 986,186
2008 1,035,495
. 2009 1,087,270
2010 1 tOOO,OOO
2011 900,000
2012 800.000
2013 700.000
2014 600,000
2015 500,000
2016 400,000
2017 300,000
2018 200,000
. 2019 100.000
10956262 13
Page 15/30
,ent bYi BRIGGS MORGAN ST PAUL
.of, ". J
10/29/99 3:36PM;#450;
651 223 6450;
. Schedule 8,02(b)
Ice Time Obliantion (Mahtomedi Termination)
Winter Season
2001-2002 }
through } 825 hours
2009-2010 }
2010-2011 754 hours
2011-2012 683 hours
2012-2013 612 hours
2013-2014 541 hours
2014-2015 470 hours
2015-2016 399 hours
. 2016-2017 328 hours
2017-2018 257 hours
2018-2019 186 hours
2019-2020 116 hours
.
1095626 2
14
Page 16/30
,
_l1l..Q.L99 n~ 11: 23 FAX 612 64:5 0213
--
A..,KE~-r l:E:"L .-\RCITEcrS P.\
lllac2
:\
~
.
Standard Form of Agreement Between Owner and Architect
"'liih Standard Form of Architect's Services
I
-
AlA Document 8141 .1997
1997 Edition - Eiectronic Format
Ttl1~ <t.:::urnent lias :r::pon.mt:C031 comeq~. Q1r.su!=on ...1111 llII ;IlO"1IeY io; encoU"-,s-ed 'NlL!: &eS~t In 13 Qm;:lctlcn Ol&' :nccliul.3U:l.l. A:"'T~c."nO!'l
OF THIS ELEC'l"RCNICALL Y CRAFJ'EtI ",IA ~-OCt.'ME'oT MAY BE MACIS BY USiNG A,1A DOCt.-:wBN'1" C40!.
Co;,yngm I'll":, 192G, 1948, 1951, 1953. lq~8. 1951. 1963. ISM. 1~7.1~70. 1914.. 197:'. 1;37. 4:11197 by r:-,e V'".,t;;'\C&Il lr.,!i!l:(lI of Alc::.i:cC".s. Re?(O(t.Jcncn of
ll:c i'I:11crial ~n 0: sub.W1uai q~cCQI1 gfilS proviSlOllS '.vl:~.ou: 'Nn\lelL 1ltfIDISS:on or the ,\IA ~IO.~ !!Ie 1.000ynghc Ja.w. of !he U ~:tC Stl~ <1.'ld Mill .vbie::l rb:
VIOlzlOrto \e::nl pros==~lion.
TABLE OF ARTICLES
1.1 INITiAL INFORMATION
1.2 RESPONSI81LITIES OF THE PARTiES
1.3 TERMS AND CONDITIONS
1.4 SCOF'E OF SERVICeS ,ANC OTHER SFEC1AL TEMMS AND COND:TiONS
.
1.5 COMF'ENSA TION
AGRE5MENT made as of lhe bt day of"iovernbct i:1lhe yeu 1m
(III WDrds. wUcare day, mulllh QII:/ ~ar)
BETWEEN 1le Archit::ct's client identified as t.'1: Owner:
t NaTllt. atiJrtS!I and 111M:' In/onr,QtZOlI;
1h~ Citv .JF Stillwl1ter
..'" 'lo-th Fmmh ~trl:!et
s'p11water Ml\." 55n82.489~
:md :hc Architect:
('Yam:. c::U1ret' u.'Ld ~t"flr lII{orrru:rz::ni
A"1k::l'l Ken ATch1t~et'! P A.
S: I Ra'l,'!nolld A-ic:nlle. SUIte 4C<l
SI. P:ml. ~fN 5'5114
~ te::A Proiect ~l\. Q91)1..1 001
("~~~n::ft~r :-::ferr~rl :n :15 ~::",1(_~ \
Fl)r :he fellowing P:oj~t:
(IlIduc!l: fJefcmd d~~t:r11flO/J :If Pr~J'C:1
El,:,c:roni: fcor.t B 141.1997
t.:r.e~ Doc:JI::.:nt: 13 lJ.1 ._ 10/28/:999. AL\ t:cer.:.c !-:umber 1 03976. '..~;cr. ex~:res ::r. l:r: :11Y;9 .- P:J;e'" I
11,02: 99 n'E 11: 23 Fll 612 645 0213
A.\~l KE:..L ARCITEc:rS PA
~003
.
I
~e Owner and An::h:t~c;t agree as follows.
At:1TICt.! 1.1 INITIAL INFORMATION
1.1.1 ThIs Agree:ner.t is bllSed on the fello... ing mfonr.atit'n and ::lSsumptiCl"oS.
(!Vote lire JJsPQftt:DfI /:)1" ;Iu fo:Uowing ikllU by "Il,"'n~ the req"urMll1I(D~d~ 11'1: stutelfllllt su.:/t <lJ .1ItJI.;pp{:r:m~." ."nknollol' al tI1"t, of alfcunOll" 0'
"/0 be der~""'oUIt!:J wtrr by 1fI:I::urJ dgr:'IMm. ",
.
1.1.2 FRCJEOTPARAMETEFiS
1.1.2.1 The objcctive or use IS:
!/den:ifj ol'wen". i{!JPPPfJ;m.r.Ii:, PPfJ;JQ'c:i ws, vI' .ccLr.;
PTOiec~ induCes the jdditon.!Jf an NHl.-'li7.ed icc~ with locker mr,m~ al'o viewin'il acdcd~~ '" the cxistiJ.:g Sf C:d"t
Valley 'R.!creaLion Center. The :u!dition i( tn he used for ice ~'IlCrtll :1nd drl flo\)r spor!'! on :1 c=r.....e.e flooT.
1.1.2.2 The physical pu:uncle:S are:
(ld61ltlJ~ fI,. a.,rc"h,. if Q;Jp"'.'lITi=c. :IU. /naz:r<lll, rJlIfllIlJIMU. Q' fllJu:, ,urtlllt!llll"'QrmQUO'" lueh c:..t &'fI~Ilf',JC:.J l"'rf1r:r f:blllllllu ;;t,.;
~e Aran:! a&l~tion r)f 28.S~3 d. win be lcc:l.ted tin the Owt!er'! nr(~ '11 Curve Crest with.n the W:st Bus,r.ess Park adi...ce'1t
m.V~r'.c:et Sauare and connect to the cxistinl! facility
..
1.1.2.3 The Ov.71er's P:'ogram is:
(ldu.I/I'y dac:m'~IItQ:UI1' fI':1I.I:I r/rtt _,,.iJI....1rIc1l the pro~rum w.llln: devclof/':J.)
PJp.:lSe "ce 1.1 2.1 above.
1.1.2.4 The legal paramete:'S a."'e:
(ldci'lll.,> p,nt/UN !4gul Jllfnl"PltltiDn. incloldinl. if appropriallf. !.;rlld rur/~ ruul ::1lfU d'ICnpl,unJ /J/IJ rEsmCZ/D'I: iJf 1M till )
The 1~?'1! rle~c:itlliOI! nf ~".e St. Croix V :tll~'l Rccre:uion ("""nter 110 attacheti
1.1 .2.5 The financial p;:rametc:s are ;l:l foUows.
.
.1 Amount of the OWElers overall budiet for the Prcjec~ i:lc1uding the Archttec:'s compensatioc. is: OW:1~r s ~rnje::t
burl1et,s; $2.958.115.
.2 Amount of the Owner's budget ~or the Co~t of the Wcrk cxc1tlding the Architects compen~aticn, is: Q~er's
cnn(n"lJCnon cCCllcr 1S: 52500.000.
1,1~.5 The :ime pa.'"amC[er3 are'
(ldmIIJ"y. if appr-:pr.r.t" mi~jON J.a:,:. .f'at/M1 "f' .'ust uutlc J( frcdtlllllg.J
The .....crk 'lnd c:mstructicn documcntArlon defined hcrcinJ1w1l cnmrr.cn:e Q.ctC'her 1. 19QQ 'lIId c~"fru::dcn :5 Ie l-.e cnmT'lc~c(L
?\c..em:er 1 2000.
J
1.1.2.7 The proposed p'ocuremC:1( or dc:!iver:1 method fur ihe ProJec! is:
, Id"t1':[, _:nod r'Jeh a~ ttm'.pefltl~<< ~.d, n~'()l/ar'd CMlrTQL:, 0' =j)"lr"~~UDII /fUUIrJ1:r:ncnt )
Con~t."Uctlon m:\nal!~ment IJv C~~rl1~ W nhcn w;,h C:lmnetlnvt; bid fhr :lil tr:c:cs.
1.1.2.8 Other oaramete::! .ire:
(/alllnft :rPCl;u.I c.ifJ;Qr::e.,,rrrr:~ I..l"tk",d, t:(t'" Pro}N;: SlAe" I: tlllT~:;,II'lJir('lIIUlltt;1 Uf' I,..rOl'l':: r:1"~.tluve.t!on ",,";:11.,"::113 J
BICGIn" fO Io.e nerlnrmcd ;n 'Wi) r,r mere ~h:l<;e~ Pr:Jlt'\:t t:> lor! ;:lst-tr:lt'ked 10 '<lCI'Hate cO!l~crl'ct ror. ~c~edule
AlA DCC~ B!41-STAl\'D~ FOR~I AG~E."lT - \997 a=mON. AlA - COPY~ICHT 11197 . THE .\.:..~R!CA." iNSTlT"_LE OF .\RCHITECTS. .
1;:35" NEW YORK ,'\lE:'o'UZ N oJo/, WASHINCiTCS. D C. 200C6.5:9: WIJU-ro\(i: Unl c::r.seJ photocopy;n; ...ioi==~ U S. CCp:'rig:-ll:....~ 3r.d ....1.1 SUblC':: :h=
v!olllCClI' !ca:11l pro.:c:-~:Inn Tb:l. d~mcnc Will e.lll::l:lllUc:-Jly prndllC'"..Q w:lh petl!llS.llon of :I!t! AlA:loW ;an be: n:p;cJIICI!d 'hll/'CU: vlol:W:ln :1~:il L~e Jale Q~ cxpmltlc'1
as "lCLcU below
Eicclron~; forlT.at B 141-1997
Use:" DOC'.Jment: B IJ! - l0I231t999 AlA LICense :-';u'r.tcr 108976, wnich eICo,re'i Cr I:.': U1S,99 '- Page "Z
-.
11/0~'99 7te 11:2~ FA! 612 64S 0213
A..\1(E~"\, lEa .o\RC rTECIS PA
~OO.,l
.
1.1.3 PROJECT TEAM
1.1.3,1 Th.: Ow:ter'lI Desj~c:d ReprcsetUa:I\'e is.
(L..lllGIM. a;4d~$S Q/".4 rltiur :nft:nnJ#on.i
J:!V r<i;r.fole MavQI
C:tv of Sliilw:l:/!':'
2 - 6 Nnrt"l Fnurth St:ee.t
SI1l1w2.ter. 'MN ~5082.4~Q~
1.1.3.2 ThE: pe:sons cr entitle." in acciticn to frre Owner's Desigr.llte:i Represe:ltlltl,e. who ~.re reql,lJrcd te re'::a\" the Ar:h1tect's
s\:1::m!t!~5 to thl: Owner ar::
(~I 'IIU'U, ~resI ulld "dill' rn."/,'fIII;IDIt ,
C;rv AC:Tliniot:T':1tcr l1l'ld ~taff!\5 determined bv the ..1dml'1islr.ltor
1,1.3.3 T:'lC Owner s other CCDSulta."1ts and :ontr-~ors ~e:
(l.m du:::Diitl~ r.uuJ. if Kr.uWJl, "Ullr,iy r~~ by ftUII'.c cII4 3ddru.;.)
1.1.3.4 Th~ ArchIt:::t's Designated R.eprese:lEatlve is:
(Lur fIUIM, DiitJrlln u:uS ul1r4, ,"'u",..o:'OIl.'
CuaJlC )., 'Kelt. FAIA Princi~!'l in Cbat~~
Ene N. La!jerqui!.t. AiA. P!c;e:t Dest~/M:mant:
~rkenv Ken Archite:t.~ p,.!..
8....1 'R:tV1Tlond .\venue. Suire 4l'A)
S!...?~L M~ S5114
1.1,3.5 The co~ultants :'e!alnoo at the Archi~'3 expc:lse :u-e:
(Lur di..dpUM ami. if 1:r",101I. i4:nzi/)o rlU'" I1y _ dIId IldJrrn.J
.
~ m.:ct:Irlll:
Re;ptad &: A""oc:at~
J92 We~tNinth Sr.rel\T. ~OO
St. Paul p"fN 55102
Meehan k:11IElc::rr.c;] l'
Gau'Imlll'l k Moor:
700 R"~:1le Towers.
1700 Weo;t Hi,hWllV 36
R::lscvill!l. MS ~5111
Ice Ccn~d~l't
~de1fCl&!nt Cnr.suJti:12 En~jneen (l/~ ~,'
80 Scuth ('nuntv R:md C. ..~m
St. P:l.ul. M"I' 5511'1
1.1.4
Csth~,:, lmpcrtant msti3l informeticn is:
~.j'.)~
A:~ t:CCli\1E"ooT Bl.U.S"iA:lDARD:CRM AC:AAE:w!ro.'T. 1997 EDITION. ALl,. CO?~ICh"T 1m. niE AMEP.ICA:Il lNSilniiE OF AROilTE':":"S.
. :7:35 ~E';V VOR!( A VE:-:'liE N W, WASHl':CTCl'l. Il C. 2000Ci.S::~2. WAlt'llNO. U:J!iCCII,ed pilotccepl"ng "ol:'l~ t:.S. ecp)rishl ~,~s :In: ""II .u':l,/~c: :he
'1I:l1aICr ICilll prol=.1cn. TIlI& dOQ'IlC1 W. dcct:olUCail3' prodll~d I.nth per~~IO" ,,[ tt'.c At;. u.'1I! C~:\ DC rcp-crlucd \II11h"\I! 'wlol:t1cn ';%:.111:'., d~1C of '::roplt:tlon
:u n.:ltd oclJ'"
Ele.:rror.1C Form:>! B141.1!i~7
U::t.r Dcc:Jtnt::1( 9141.- 10/2811999. AlA Ll..:e::se Number 108')76. w:l1ch 8:.;pm:". un 12.:3111599.. P:\j;O: #3
.~2'99 irE 11:25 ~~ 612 6~5 0213
A.'''KENY KE:"L .~ClTEcrs P.-\.
~O1.1
1.4,1.1 S!andard FOIM of Agreement Bc=twee:t Owner and Arc~l1tcd, AIA Document E j <11-1997.
1.4.1 ,2 Sta.'1dnrd Form of ArchitEct's ServICes: D=sign and ContraCt AdminisuatlOn, AlA DOCUDlI,:nt B 141.1 ~9i, or :!.:> f.:>llows
(Lu: Olher ri,.c-mtellU. if un). ulinrarrllB Arc;h!lfrt'~ ft:QpI of srrJ;r;t:3.)
.
1.4.1.3 Other dc:cuments as foiJo....s:
(WI :>l1ltT tk.cu"'~IlU, if oUl)o. ",.,.,., ,'KIn Ii/ Ifu AgramellL)
1.4.2 Special Terms ad Conditioas. Spccial terms and CQnditions t:13! :nOOlfj' this A~!eem<:nt are JS follows:
Verhal
ARilCLE 1.5 COMPENSATION
1.5.1 Fer the ArchiUlct'i sc:yicl:3 as d:scni:ed under Article 1.4, compcnsatlOn shall be computed as foilows:
Fees Qhall be determined 3S 9 !:leT'Cl!n18pe or 3C:\IRI Conslrncrion Cost. "ius :sllc:'t!!l.te!l :111:1 c"l\r.~e orders.
~ ~e r(,T Bl'lS;c Service."! is bl!Sed on c;ix percent (/1%) of the estiJna/~d constmction ~t I;f ~2.500.0OQ .Jll.ll.;.f!~11U"'\~..Ynn!-
act '111 cnnslr1~~~n COlll ill cetc:mlned will he Msed ":1 S150.ooo (6% of 52.SeO.COO'
The fees ~ai] be eJ.,Pned aGcoTCinll 10 the rolIowin~
Schcn'!atic Desi~1'I. Phase:
Ccnstructlon D~curnenr'i Phase:
~diu or NelZottatior. P"asc.:.
~<wstruclic,1'1 Phase:
Fifteen percent (1 S%)
~ '1eTCent fnil%)
Five ~erc..-nt (5%)
Twe!ltv t1ercent 120<;,
1999 Hourlv R:ms.
.
,Architectural Princinal
Alehi teet
T ecnnician
~nr~sillner
fA dminisrratlve
S1251bO!l!
S1i5. 10"il'l:-ur
S45 . 70lhour
545 - 6~lhnur
S3'\' - 60Jt.nur
1.5.2 If the:. Sc"'"V\CCS of the A!C.iUtecl:ue changed as descnbed in Subparagraph 1.3.3.1. the ArcnJte:::'s coc:.pC:lSlZOn saa:! bv
adjusted. Such adJu~anent U111U be c:ucu!ated as desenbcd bclo,", gr, if no method of adJU5tmC:l~ is i'lIdlcalcd in lius P~.::l.!;i:1Fh
1.5.2, in an equltabie It''.anDer
(lr..$tn ba;u of :f}mpc,,"~IWn. 1I1C1.u!l/ll 7'Im:: .:JI1l -nu!npllll t1f 1:':rlle: Pln"v.G E.:PIITl.JII .'or P.jnapc.1J :u.d ~1"I,l,,\t'-~, </I'd i:J1!r.l1/1 Pr:ne'yalr IIT..~ .l:;::~~
tm,f1iqyttJ. ., ""wi,"'- It:t71tlfj 1pllC:f.C JI!""It:r~ lulJlll.ci1 l'IlrtlC'oIID1'_hods -;f C:II"'Pllntctlcrl lJf'[,iy )
Plc,se se~ 1.5 1 ~.onve
1.5.3 For 8 Ch:mgc i'\ S..:rvic:s of the AIt:hilect's consultants cornpens:1tlor, shall be ccmpute<! as a :T.l!irlple of ~..!rul
onc-/enth ( .!.J!l ) times me Il.'nountS bl11~d tu the Architect for such ser:ices.
1.5.4 F~r Reimbursable Expcn:.es as described In Subp:1fagI'd9h. 1 3.92. 3r.C l1"Y em\;: items mduce.: in P:r..!gr:1ph 1 5.5 610;
Ri!ltnburs:lblc E~:1se:l, the c')mpcnsanon sb;ill be compute:i as a multIple of one :1nd or.~.ter:~h ( ill ~ tio::s the eXfe~se'l
AL\ DOC:J)(E~'T 8141-S'iANCARD rolt.'d AGREE.\oE't'T' 1'97 'EDmO~. AlA. COPYRIGHT 19<;'7 - THE A:I.~~;CA:-'- L"lSr.r~ CF .1,.~1:HrT'ECI:;.
1735 :-<~V YCR~ AVENUE" W., W ASHlN<i'!'ON. D.C, :CO::6-S292. W.~ING: l.'nhc~ lli1QICCCP,iull V;OI~ U S COPYI"S'I laws :::'1d wIll subject lnc
VlO/alar Ie,:! pros.."t:\Inon. n.. c1oeUllIC:ll N\IS ~I~l:::cnic.a!ly I."l"'..duccd \Y11h ~)iOtl ofttlc A.IA Ol."ld c:m be nlFfUduc:d o\lth:lut ..lol:Ulln u::ul tl:e C~ ol explra::l.l1
:\$ ,nced be!cw .
E:ec:,:,onicFolr:l;kt BI.11-J99.
Use: DvcUl'11ent: B141 .. lCi2lV1999. AIA Ll;:enaC Sumbe: i08975, whIch nplre$ ~n !::'311:999 .. P:lge li~C
11.0~/99 TrE 11:29 FA! 8iZ 6~5 0213
A..\1\E:\"Y KE~L ARClTECTS PA
Ii!OlZ
l:lcurred by the Arthitcct. and Ene Arc!utec:t's employees and consultants,
.
1.5.5 OU':er RelmOuczable Expe~s. if :&."\)1. are as follows:
Civil En I!'nce-:-in IF CO:bult.]]1t
Fum:rure F!x.m!."e~ :!lld E.auicrner.t. De.-' pn Services
1.5.6 The rotes :Uld muluples for 9C%"'{!C~ oi ~e A.-:::utc:;t :lJld the A. ~blteCt s consultants :1'1 se: torth in 1.'1\$ Agreem~,..nt si-ail
be 3djus;:eo In accordance Wlt.'1lheir nonn:1i salary re"IICW prac:~c:=.
1.5_7 An iniual payme.'1t of zero DolJars (SQ.gQ ) shall be made upon eX~Utlon cf this Agrc~men: and is t~e minir.lum
paymc:t .Jndc: dus Agreen:ent. It shail be =eciited to the Owner's .lC::ount :it ru:~ payment. Sub~nt pZaym~nts fer serVlcell
shall ~ :na.de montl-Jy, ar.a w!lere applic:1ble. sh:Ul be in proportion tc sc.....i~s performed On the ~am set forth in th!S
AgTecme:;~
1,5.8 P:1yme~ts a.r: dce 3I1d p:lyablc 'hiT(',' ( 3ft) d:i.ys from the date of the Ar;:hi[.e~t's ip'/oice. A:ncunts unpaid Ihirt"J ( 30',
ciay:: after :he invoi~ datz: shall bear interest at !he rat.: entered belew. or in the :lbsence t.iereci' a;: the legal r.lte pre..:liling trom
ti:r.e to nme at the prln.::pal plXll of busiD~ of the Archit~.
(TrueTt m:, gf il\l~JI'~zt Ggr,1td IIpD1L)
Qne and )1'l~-ha!f cercent (1 5%' per mont!1
(t.$UT') lu,"f 1Z1l4 rCt./lUI'e_nrr IUl4hJl' tV Ferllral Tnt/h In Lmml Act. 1I11lllGr s!;.;t, :IIId loc.ll COIU:nurf:ndl, :,rN,.ma rXlu:l' I",~tr"".f at m, Owr...r.f CU''::
"1'(;;11&(",; ;>rotc'pel ,ltzc,.'! t1/ br..rtMoU, 1M .OCfltU11I uf Iit~ PruJ<<f Ql'd tlltwhcff: 1M'! afJ'rct t.'" WJJ::Jlry 0{ ,h~ pr:"isi(Jfl. Sl'Ilc:fic Legal ad'.'rcc shou!d <<
Ilh:uu:.:c! "":r.1 r,.'o/'I:t to ti'~!Wr'" or :r,Dfi':/'=.W1J,lI .1M cl.rll reprt!llll I'f'l'.unmcnt; Jkch lt$ lIInlzt=- dLICWSlIl11 or wc;bI,,~ )
1,~.S If die serYic:c; ee..e:ed by t1us .~~ment have 1:0: t:een c~mp!~ted wi!!:in fiFt~-n ( 15 0 ) mcntns of the d:tte hereof,
Ihn'Jg;, 110 fault of :he Ar:.;:le::l., extcnsicn of the An:hitecrs s.:rvices teyond tn:1t tlJ:".c sh:1li be c:ompel1s:lt::d :\S p1"'}VIC::! in
P:nagraJ'n ] .5.2.
. T'r.1s Agrceme:lt entered intc:lS of the day and year first written above.
O\~EU_~,) ~~~
~1(;I"t\~le. ~!:\'Jf"r
, ::,,-,.,:,d IWIPII ur.d tu:.e)
Du:!.T!.~ A l<~ p.,nci;'::1i
rJ'r.nlcrJ lIQPIe:m.i :i:kJ
"lA D~'CU"1ENT BI41.c;TANDARO FORM AGP~E:'o'T. IS~7 EDmON - AlA. COPYRIGHT 1997 .1lU! AMERICAN I:'=Snn.-n: OF ARCHI"T"EC7S.
I 'l':~ l'otcy,' YORi{ p. VEl'o"UE N.W . WASHJlI:GTON. DC. 2C006-,29: W A.'NJ~G Ur-.Jic:r.sc:d phou:.:oVJlrg vi.,1011S u.s. c:apy:ight J:LWt:om! will $U"'Jec.~ l!'~
.V:CI;.lor icglli .'\:~,"':!l""- TlllS (l.><:lln:a."l '.1/:1S clC:C:l:'".Jn:c::Jy j:ladu.:c4 WIth pc:rnusslOn of the AJA a.'ld c:ln be relX\Xluc:c: WIthOut Vlc1ancn u:-.til 't-~ c:a:e cl et r'r.1t.cn
~ :Ie-Ie:! bc:cw
E!ce::rcrac FOn:lat 13 1 ~ I- i ~9i
t::.er DC::1.":1ent: B 141 u 10/28/1999 AlA lic.:nse }Jumber lu89i6 which exprclo ~" 1~3 !,' i 999 -- P:1;;= loll
11~~2'99 Tt~ 11:dS FAX 6~Z 645 OZ~~
A.\'KE:\Y KElt .o\.RC!TECrS PA
14I02U
ARTICL: 2.7 FACIUTY Ope~ATlON SE~VICES
2.7.1 The Arcl,itect shan meet \~ith the Owne~ or the Owner's Designated Rc:presentatl'1c prompt!'y aft,,:, Substar.ll:ll
COll1plc~l)n to review L~= need rer fac;lil}' operation ~ce3
2.7.2 t:"pon requ~t of the Owner, and prior to the e'!:plr:1bOn of OM ye:r fTem th:: date of Subsmnnal Comp:etlon, tn~
Archlte:::t :ihall cond:1ct a me:t1ng \Vlth the Own.a' :md the OW1~'S Desi~'13ttd Represcnt:l!lve to review the f.1(:il.ty operations llnd
pe..forma.,c:: and to nuke ap;:rcpr:ate recommendatIons to the Ownc:'.
.
ARTICLE 2.8 SCHEDULE OF sc.=\V!CeS
2.S.1 Design and Ccntlo.ct AdministrztlDn Sc:"nccS beycnd Ihe fclicWlng liml~ ..halll:c: pro\ided hy tt:e Archite:;: .15 a Clang::
in Sen i;es in .lCcorc.:u:.ce WIth Paragraph 1.3 3.
.1 up to ~ (~ ) re...iews of c:u:h Shcp Drawin.. Produc: Data item. $..I..-:'lp!e :md simil:u submittal 0: the C 'J:,tractor
.2 up to ~ (2Q) visits to the Site by the Architect O'o-e:- Lle dur:l\lon cf the Proj~t dunng CC:;S!n1ctlon.
.3 up to ~ (. ) lUS{:eCtiOns for any portion of the Werle to detc:mme whether such portion of the W;,rk 15
suostanually complete in ac::::ordanu with the require-mems oftbe Ccrt=act DocUIa:DlS.
.4 up to ~ (2. ) inspections for any portlon of the Work to determine final complcaon.
2.8.2 1hc fclloWlng DeSIgn and CCl1l1'8Ct ACcinistration Scrvic= shall be prcvided by the Architect 41.~ a Change m S~"'lC::S in
accoreance with hragraph 1.3.3:
.1 review oJf a Ci)n~:or's submittal out ;)f ~cquencz fn.'In the SUDmitt~ schedule agreed to by the Archirec::
.2 rCSJXlnses to the ContraC".or's requc~U for xnfomution whc::e such infcroation IS llv:ulable to the Contnc~or fra.:n a
careful sn:dy :and comparison of the CCin!:'3ct DCC'JI!1c:nlS, fl~!d CO:1Cltion'i. other Owne:.provid'!d infcn11aM:1.
Contractor-prepared coordinarion drawings, or prior PTojc,;t ccrrespo:\dc:n~e cc dccumefltaltCD;
.3 Change OIders a.'1d ConsU".1ctio:t Omge Directives requiring evaiu;:::on of proposals, inc]l.Idmg the p!e~araticn or .
re'lision of Inscrucents of Service~
.4 proviCing consulwicl1 c:oncerning ~plac:emect of Work resultini from rire or at.iter :ause du."ng con.!tr::ction:
.S evalullttoll of an extensIve nur.1~er of cl..ims subIr.itted by the Owacr'~ consultants. the Ccnt:ac:tor or etDers ll!
CCnne"'-COD with the Work;
.6 evaluatlon of sUCSilt11Ucns proposed by the Owner's cJnsultanu or cor,tr:l.C~crs and :ralang subsequent revIsions to
InstIUmc:tt5 of Service resulting thC:'cfrom;
.7 preparation of dc.:;ig:t ;md documen[:ltion for 3ltet:late bid ~r prcpoloa! req1.:estJ. prapos~ by the Owner; or
.8 Co:tt:':1Ct Admims!r"..aon Services provic!ed 60 days .mer !he aate cf Substantial CCCil1et'on ':If the Wuc;'.
2.8.3 The Ar;;~lte:t shail furnish or provide th.: fallowing Ser'llces only if soc::fic:ally de.ignatecl:
Ser/ic:es
Respor.sibility
().rciuw:t O"M1' t1~ VIJI i'rwltJtJJ
Location of Servic~
Description
I ?:-o gr.1Inr.li n l;:
2 L..:,d Surve:1 ServiceS
:3 Geolec:mical Sel"'rices
Q'JlT:er
~n!r
~
Attach~e:'t "A"
A!t!chII'~r:r .. "..
A:t:1chl'!!e!'lt "A"
AL\ OCr-liME:-r. B:41.S7ANOARD fORM saVICES. 1997 EDIT:Olll. AIA-CCPY\UCk.,. 1m . THE ~\.[ERtCAN~STIT'..rn!OF ^RC!ol11'ECTS. 113~
NEW YO~:t .\ '''Sl'lI.'E N W . W ASH:!'tGTOl'f. D.C. 2OQQ6.S:l9:. WAR."'II"G Ull~ pbctoccpy;rg YIIII:::e: u.s. CDFYr:~: :a~ a.,d will S'J~;e;llh~ V10lo1:or
1eg:l prD~~c.::Ir.O. Thai dc:c:l:':1C:l1 ,us :Ic=nl=ll~ prciu~l!d ...,:11 p:r.nIS:I01 of lIl: AlA :vId C:III b" reoro,;!uccci wllhcUI V1CI:1Il1DII until :~ l!:.ll: J( Uj:lla!ion (IS ~.rrcd .
!:claw
Eiect:otu,;; FOI m:l: B P 1-1997
..
.
11'02,99 Tl~ 11~36 FA! 612 645 0213
.4 Space Schcmatu:alFlo,)"'" Dlagta.."lS
.5 Existing Faci1i:ies SlJI\'cys
.6 Ec:momic Fe:uibility Survey
.7 Site AnalYS1S and Selection
.8 Environmental Studies and Reports
.9 Owner Suppbed Data Coordination
10 Schedule D:velopm-,nt 3l1d Mcmtoring
11 Civil Design
.12 Lanr!.scape Design
13 Inte:-iQr Design
.14 Spec:ai Blddlng or Negouaticn
15 Value Analysis
.16 Dewlec! Cost Estimating
.17 On-Site P:-oject Represenbucr.
.18 ConstrUction Manag:::ment
.19 Start-i.J? Ass:stanc:
,20 Rccord Drawi:lg5
,21 Pos~-Contract Evaluation
,22 Ter.anI-ReJated Services
.23
.24
.25
Descnption of ServiC:$.
{fn.,~r desCI"l,.,naru ofw S~r'Y1f:1I1 (l4"r.c:Ild.J
A."'KEN"'i KELL ARCITECTS P.\.
~021
A~"'ifect
Xct P!o-nded
~
l'!'c-ot Prov;dr-d
~t,lt Provided
~t Provided
cp/,tstnK:tion Mana;er
~nt Provided
t[Q.f Provided
A~!1itect
~t Provided
Nor 'Provided
Nqt Provided
Not Pmvided
~
Nor Provided
Not })roy;ded
Not ~vided
Not Pmvided
Attnd1me"l: "A"
Att:ll::nmen! . A.t.
oTuchmc:'\[ "A"
ART1CL: 2.9 MODIFICATIONS
2.9.1 ModIfications to this Standa."'d Fcrm of Architcc:t's Services: Design ano Contr3ct Acminis:J"ation, if :my. are ;1.'1 follows:
.
By its exccutlon. thill Standard Form of Architect's Services: Design and Contract Administration and mod~c:uions hereto are
IE1COIpa'ated into L'te Standard Form of .~grc::ment Between the Owner ~nd ArchiteCt. .AJ.A Document B !4-1-199'7. that w:lS
en~red into by the plU'ties as of t.~e date: .Vo"t!mher 1 1999.
L~~~
;\RCBlTECT (Si;rJ1lUtel
OW~R (Signature)
Citv of Srlllwd[c:!
Jav Kimble. Mavor
(~d name 1!\CS Qtl,)
Ankenv K~ll Architects. P A.
Rna'1e A i{~iI F ALA. Prmt"iD,\! L... Cbar~
(ll:'Jlla na:ue .lnd thlc)
h"..' ocCUME~ B 1-41 -STANDARD FORM SERVICE . 1991lIDrrlO~ . AlA - CCPYRIOIT 1997 - TH~ A."~ICAN INS11TUTE OF AP..OiITEcrS 1735
.NEW YORK ^ VeI'-"E N.Y.., WASHI~GTON. D C 20006.~2~2. WAlU"lI\llG UnIic;c:ued p'lollXOl')in; ~I\l~lc" V.S wPYl'lgh~ IlIw~.&.~ WIn 5Lb~O:I me
vtllJlatortO leg:! p~CllUon. nii j~:IJI'-=n: was do::::;-cNl::'J1y p:ur.!lIced TfIIh pel'mlSSIOn ot Ihc Jr..!.A 3n.i l:&n be r:ptnduc=d without viol.lion \1\1111 ti'-= tl.1lC of
l:,<pu.1'.1on:L1 ncm:d beiow.
E1cctron:c Fcrm:!l B H 1.1997
.
.
.
\.
MEMO
To:
From:
Subject:
Date:
Mayor and City Council
Klayton Eckles, City Engineer
McKusick Lake Downstream Conveyance Study Project Status Report (Job No.
9626F)
October 28, 1999
Discussion:
Attached is a project status report :from Bonestroo concerning the system upgrade for McKusick
Lake Downstream Conveyance System, This upgrade is necessary in order to accommodate
flows from the trout stream diversion project. Rich Brasch from Bonestroo will be present at the
meeting to give a brief presentation. The information from this report will be used to complete
the City's application for the Minnesota Stream Protection and Improvement Loan Program.
Action Required: No action is required at this time. This is for Council's information only.
..
It
.
Mulberry Ravine Downstream Conveyance Study
Project Status Report
(10-27 -99)
I.
Background
A cornerstone of the AUAR Mitigation Plan for the City of Stillwater's annexation area
is the diversion of stormwater flowing from Long Lake and other portions of the
annexation area away from Brown's Creek and through McKusick Lake to the St. Croix
River. One issue of concern was the effect of the diversion on the conveyance system
between McKusick Lake and the St. Croix River.
Water discharged through the outlet in the southeast comer of McKusick Lake must
travel almost a mile through a combination of pipe and open channels before it is
discharged to the St. Croix River. At present, a little less than half of the conveyance
system is enclosed in pipe. Most of the open channel is located in the ravine between
McKuisck Lake and City Hall. Even under existing conditions, portions of the open
channel in the ravine are moderately eroded. The majority of this erosion appears to be
caused by discharge of runoff from adjacent residential areas into the ravine within which
the channel lies. Local flooding problems in the pipe system that traverses the downtown
area have also been reported.
.
The diversion of additional flow through McKusick Lake as recommended in the AUAR
will increase the watershed of the conveyance system by about 3,200 acres. The
additional runoff generated by this larger watershed means the conveyance system below
McKusick Lake will carry a greater volume of flow and experience higher sustained
discharges for significantly longer periods than it has in the past. Further, the City has
accepted a recommendation from the McKusick Lake Task Force to increase the capacity
of the outlet from McKusick Lake to minimize post-diversion water level fluctuations in
the lake due to runoff events. Thus, peak flows would also increase. Under either
scenario, the potential for erosion and flooding in the conveyance system below
McKusick Lake will increase if no improvements are made to the system.
II. Existing Conditions
Water discharges from McKusick Lake through a 21" pipe that extends approximately
500 feet under North Owens Street to a discharge point at the head of the ravine. The
discharge is carried in an open channel through the ravine for about 700 feet to N. Everet
t Bonenmo
-=- Rosene
"'" Anderlik &
1 \11 Associates
Engineers & ArchItects
1
'.
.
.
Street where it flows through a culvert under the street to open channel on the other side
of the road embankment. This open channel extends another 1400 feet to Mulberry
Street. The channel flows only periodically and is dry most of the time. The channel is
moderately flat, with a slope ranging from 1.5-4 percent.
In general, the ravine floor is relatively flat with steep side slopes. The channel in the
upper segment of the ravine (west of North Everet Street) is stable with little erosion and
few headcuts and debris dams. The lower half of the ravine is in poorer condition. Direct
discharges of stormwater runoff :from the adjacent neighborhoods and debris dams have
de-stabilized the channel, resulting in the formation of gullies up to three feet deep in
various locations.
Water reaching the lower portion of the ravine channel is discharged through a box
culvert beneath Mulberry Street where it enters an old pipe system that carries the water
beneath the City Hall complex-and the Water Works building to a daylight discharge
point just east of North 3rd Street. This 1000- foot pipe section receives artesian well
overflow that provides a relatively constant baseflow (estimated at 2-3 cubic feet per
second) below this point in the system. Upon exiting this section of pipe, flow is carried
in an open channel about 200 feet long, then under North 2nd Street in a culvert, and
subsequently in a flume-like open channel about 60 feet long between two closely-spaced
commercial buildings. The upper part of the open channel between North 2nd and North
3rd Streets has been developed into a park-like setting with picnic tables and a play area,
with the center piece being the spring discharge carried in the open channel.
At the bottom of the flume, the discharge once again enters a pipe system approximately
1300 feet in length which carries the water northeastward to Mulberry Street and then to
the St. Croix River.
Maps I and 2 (attached) show the existing conveyance system in the ravine and
downstream sections, respectively.
III. Project Objectives
In April of this year, the City of Stillwater directed Bonestroo and Associates to evaluate
conveyance system improvement alternatives for accommodating the altered flow
regime. Based on past field and office reviews of the system and discussions with City
staff, the following were identified as the primary objectives guiding the evaluation of
system improvement options:
1. Modify the outlet of McKusick Lake to allow maintenance of the normal
water level at an elevation of about 853 and minimize the magnitude and
duration of high water levels in the lake in response to large runoff events.
2
. 2.
3.
4.
5.
6.
Improve the ability of the conveyance system between McKusick Lake
and the St. Croix River to rout the projected increased flows safely
through the City. Do not increase (and if possible, decrease) flooding risk
to affected properties relative to the existing condition.
Minimize the costs of system improvements to the extent practicable.
Reduce the erosion problems caused by delivery of runoff to the ravine
section :from adjacent neighborhoods.
Provide for some open channel flow in the ravine section.
Prevent erosion in the ravine channel and adjacent system to minimize
maintenance requirements for the downstream pipe system, the channel
itself, and adjacent utilities and to protect water quality in the St. Croix
River.
7. Minimize the loss of significant trees in the ravine section.
8. Minimize disruption to neighborhoods and the downtown area during
construction.
9. Minimize the need to re-construct streets that are already in good
condition.
IV. Evaluation of Alternatives
For the purposes of the discussion, alternatives for the project are reviewed separately for
the ravine (upper) section of the conveyance system between McKusick Lake and
Mulberry Street and for the lower (downstream) section of the system between Mulberry
Street and the St. Croix River,
.
A. Ravine Section (McKusick Lake to Mulberry Street)
There are two general alternatives for this section of the system (Map 1). Both
alternatives involve replacement of the existing 21" diameter outlet pipe :from McKusick
Lake with a larger diameter pipe to minimize water level fluctuations in the lake. The
two alternatives for conveying water through the ravine section are described briefly
below and the principle advantages and disadvantages are presented.
Alternative 1:
.
Use existing ravine channel to convey a sustained base flow (2-3
cft); rout the remainder of the flow from McKusick Lake and local
stormwater discharges through a pipe to be installed along the
channel.
Advantage:
1. Maximizes the aesthetics of the ravine by creating open creek
flow.
3
.
.
.
Disadvantage:
I. Some additional tree removal may be required to improve growth
of natural ground-level vegetation to stabilize channel.
Alternative 2:
Convey all discharges from McKusick Lake and adjacent
neighborhoods through the ravine within a pipe.
Advantage:
I, Less costly than Alternative 1 because open channel stabilization
work would be needed only to accommodate local overland
drainage, not lake outflow.
Disadvantage:
I. Loss of opportunity to maximize aesthetics of this environmental
corridor by providing open creek flow.
B. Downstream Section (Mulberry Street to St. Croix River)
There are three general alternatives for conveying flows through the lower section of the
system from the bottom of the ravine section to the St. Croix River, The alternative
routes examined were:
1. The Mulberry Street route
2, The existing conveyance/Commercial Street route
3. The West Myrtle Street/Commercial Street route
All three routes are shown on Map 2.
Based on a technical evaluation of the routes and discussions with City staff, the
Mulberry Street route is recommended at this time as the preferred alternative for the
following reasons:
I. The existing conveyance system within the Mulberry Street right-of-way
is under capacity. Upgrading this system will decrease the frequency with
which runoff overflows to the Myrtle Street system, Under current
conditions, the overflows frequently overburden the Myrtle Street system.
2. High quality artesian well overflow would continue to be carried in the
open channel between North 3rd and North 2nd Streets.
4
e
.
.
3.
Most sections of Mulberry Street that would be affected by construction of
this alternative carry low traffic volumes, so traffic disruption during
construction will be minimal
Most street sections along the preferred route are quite old and in need of
re-construction.
The Corps of Engineers project currently being undertaken at Mulberry
Point can incorporate the necessary storm sewer upgrades between the
railroad tracks east of Water Street and the St. Croix River,
This alternative will be the least expensive of the three options to
construct.
4.
5.
6.
V. Additional Information
A meeting with the public is scheduled for Thursday November 4, 1999, starting at 7:00
p.m. The purpose of the meeting will be to present an overview of the alternatives for
system improvements to the public and solicit input on any additional factors that should
be considered in completing the feasibility report for this project.
Preliminary cost estimates for system improvement alternatives have not yet been
prepared. Once the public meeting is completed, detailed cost estimates will be prepared
and presented in the feasibility report. At this time, it is estimated that total construction
costs for improvements to both the ravine and downstream segments of the project area
will be approximately $1 million,
The fmal project feasibility report to the City of Stillwater will be prepared by November
30, 1999, and will form the basis for an application for financial assistance to the State to
help defray the costs of building the recommended alternative.
5
~-
RESOLUTION NO. 99-
.
RESOLUTION ORDERING PREPARATION OF REPORT
FOR 2000 STREET IMPROVEMENTS
(project 200002)
WHEREAS, it is proposed to improve Forest Hills Additions I and 2, South Fifth and
South Sixth Streets between Hancock and Orleans, West Marsh Street between Third and
Sixth Street, West Orleans from Fourth Street to Everett Street, and Everett street :from
Orleans to Anderson and to assess the benefited property for all or a portion of the cost of
the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
STILLWATER, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and
that he is instructed to report to the Council with all convenient speed advising the
Council in a preliminary way as to whether the proposed improvement is feasible and as
to whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
Adopted by the Council this 2nd day of November, 1999.
.
Jay Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
.
Ol
.
IE; =: ~~TI 1hr1\\\ ~~ ~rlP ~\ \ ~~ ~ \~ &~V ~ \'A ~ \' r ~ ~ r 0 '\ "
'-' U ~- lF1 \ ~ ~..... \ - \ ~ \ \~< ~\\ ~~~\ ~ --- ~ STORM SEWER UPGRADE
__ q -' ~ \ ~~ :\ ~ \ :=\ t\ ~ ~ ~ ?!~p-~ L\ ~ "1 ARMY CORPS OF ENGINEERS
. 1 ... T ~ '\~ \ ~ ~~ ~' ru--1 ~ ~. ~ ~., =- '=
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MAP 2
A I AII..lIldtlV.. 1 - MlltuallY SIr....1 ROlli.. N
M IIbe St t R St d ' _v. Op..n C,a..k Chdnnel
U rry ree avine u y . A.I Alt..rndllv.. 2 _ Existing Sy~lem ROllt.. " ,.
J::'LOWROU~l'AIG ALTERN'JlT lIES ,.v. " ',' EXlsllngT'"nkPlp"
rJ I j I V I j H ,1 V j ~ Alternative 3 - W..sl My'U.. SI'....I Rout..
DOIJIIAISTR'J::' JIM SECT10N /\I Ravin.. Pip.. ROllt.. Plluh~allyOwn..dLand
VV IV, I J J::;H I j \510151099102\adlavplo)ecllmull sl ap' HDG
St. Croix
River
~l
W~I'
S
200
'--
o
200 Feet
---'
n Bonestroo
-=- Rosene
'Ii1II Anderllk &
1\11 Associates
Englnlt8n: & Architects
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MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Shawn Sanders, Civil Engineer
October 28, 1999
RE:
Feasibility Study for 2000 Street Improvement Project
Project No. 200002
DISCUSSION
Engineering staff would like to proceed with the 2000 Street Improvement Project
beginning with the feasibility study. Areas for possible improvements in the feasibility
study include the streets in the Forest Hills Additions, South Fifth and South Sixth Streets
between Hancock and Orleans, West Marsh Street between Third and Sixth Street, West
Orleans from Fourth Street to Everett Street, and Everett Street from Orleans to
Anderson. See attached map for the area of the study. Depending on the cost of the
feasibility cost of the project some of the streets listed may be deleted form next year's
project. The City has approximately $750,000 budgeted for the 2000 street improvement
project.
RECOMMENDATION
Staff recommends council pass a resolution authorizing the preparation of a Feasibility
Study for street, sidewalk, sanitary and storm sewer improvements for Forest Hills
Additions 1 and 2, South Fifth and South Sixth Streets between Hancock and Orleans,
West Marsh Street between Third and Sixth Street, West Orleans from Fourth Street to
Everett Street, and Everett street from Orleans to Anderson. _I'
ACTION REOUIRED:
.
If Council concurs wfth the recommendation, they should pass a motion adopting
Resolution No. 99--,RESOLUTION ORDERING PREPARATION OF REPORT
FOR 2000 STREET IMPROVEMENTS (project 20002).
. ,
RESOLUTION NO. 99-
RESOLUTION ORDERING PREPARATION OF REPORT
FOR 2000 STREET IMPROVEMENTS
(project 200002)
WHEREAS, it is proposed to improve Forest Hills Additions 1 and 2, South Fifth and
South Sixth Streets between Hancock and Orleans, West Marsh Street between Third and
Sixth Street, West Orleans from Fourth Street to Everett Street, and Everett street from
Orleans to Anderson and to assess the benefited property for all or a portion of the cost of
the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
STILLWATER, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and
that he is instructed to report to the Council with all convenient speed advising the
Council in a preliminary way as to whether the proposed improvement is feasible and as
to whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
Adopted by the Council this 2nd day of November, 1999.
Jay Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
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/01
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8. Lock Out Gate. Max Todo will construct lock out gates that will be installed to
secure the Property and prevent public access to the Cayuga, the barge and their business
property.
.
9. Waiver. Max Todo also agrees and waives by this Lease any claim that they
might otherwise have to compensation as a lessee in possession under any state or federal law or
rule should the property be needed to accommodate construction of an interstate bridge, bridge
piers or abutments or other possible bridge construction impacts in the event the Property or any
part of it is needed for bridge construction or bridge construction impacts or is affected by bridge
construction impacts. Max Todo upon ninety (90) days written notice by the City agrees to
accommodate any such construction or impacts. In that event the City agrees to reasonably
explore relocation of Max Todo for the remainder of the Lease period as long as a relocation
does not involve expense or charge to the City and the accommodation can reasonably be made.
If reasonable accommodations can not be made without charge to the City, Max T odo agrees to
vacate the Property leaving it in as good as condition as it is now found, waive any claim for
material or work .done to the Cayuga, the barge or the premises and this Agreement will be null
and void. In that event, Max Todo will be relieved from further repairs to the barge or Cayuga.
10. Moorimz Visitors. Max Todo also agrees to reasonably accommodate, at the
request of the City, any marine services who are temporarily working on public projects on the
St. Croix River on a temporary basis and who are in need of loading, unloading or mooring
vessels involved in this work. This provision will be operative on a case by case basis and may
not unreasonably disrupt Max Todo's operations, or provide a competitor with an unreasonable
advantage.
.
11. Insurance. Max Todo must insure the Property and the Cayuga against all risks
and provide the City with a certificate of insurance evidencing $1,000,000 combined single
limits coverage on their operation, naming the City as an additional insured as their interest may
appear.
12. Prohibition Assig:nment. This Agreement and the rights granted hereunder may
not be assigned or transferred by Max Todo without the prior written consent of the City.
13. Conditions Precedent. This Agreement will not be effective unless all City
Charter provisions that pertain to the use of City owned land have been followed and approved
by the City Councilor the voters in the event that a referendum and also the approval of the
United States Army Corps of Engineers and the Minnesota Department of Natural Resources.
IN WITNESS WHEREOF, the parties have set their hands this _ day of October
1999.
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2
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F1r
iIIwater
:::s::
\
Application for Special Event
Organization {J,I; tJp ~j.//~ ~~ '1 ~d
Contact Person ~a ~
Address pCJ" ___ ~
City ~~~ State ~ Zip dSOFa
Phone Number ~ / --!/39- -9'tJtJ /
Name ofEvem /ZAJ rh f(~ fl~e-tJp
Date(s)ofEvem ~ 1/ ~ 90 Timeofday ...::r:~s- ~ .;(JJ4?~
Location of Event ;Z/fl)?~ ~ $,vli.~d
Purpose and Description of Event (please include all items being requested by the City, i.e. road
Ji!t:ce:!Pets, paI'~. ".c.) and at1as:h a map if necess:;p (JAr'lS TJ ~_
~ ~ ~;:;f~L;;::Jed ~f Oc4 ~ .. 7tJ
..'...
..~
:~
*
.
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~
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..,...
....
*
*
~
.
"'...
"'i'
..E.
....
*
*
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*
*
*
*
*
Office Use Only:
s~eci~l Events processing and coordination assh~:
DIStt1outlon ~c. ifl tv
Engineering/Public WorAS
Administration
Parks
P fanning
Fire
Comments:
Ci7Y H;.:..L.. 216 ~jCF.j"ii FOURTH STiLLWATER, MINNESOTA 55CE2 FHOrJE 6 i 2-J39-5 i 2~
Event Narrative
.
I\IEETING TillE
T\vinkle Parade December 11, 1999 @ 6:00 p.m. meet in the
parking lot behind the freight house
Parade Route
parade route \Vill be on the frontaee road by Lowell Park staring on
the south side (by the Dock Cafe) Starting @ (j:15 P.M. Under the
bridge to the Gazebo. Where their will be a appearance by Santa
and a lighting of the Tree
-- --
Time Needed
Arrival of participants 5:45 to 6:10
Parade 6: 15 to 6:45 dep~ndinK on \veather and number of .
participants; Events at Gazebo finished at 7:00 p.m.
walk back to cars and leave 7:00 to 7:30 this to is dependent on
participation and weather there \vere 300 participants last year.
Request's
depending on law enforcement's determination may need
assistance ,vith:
Traffic control
parade route management
barricades for both ends of frontage road to
--
detour traffic during line - up, the parade,
and back to vehicles
Please let me knO\V if more infOIIDatioo. is-needed.
.
WASHINGTON COUNTY
ASSESSMENT, TAXPAYER SERVICES & ELECTIONS DEPARTMENT
TAXPAYER SERVICES & ELECTIONS DIVISION
14949 62ND STRETNORTH . P.O. BOX 6. STlLLWATa..NESOTA 55082-0006
Office (651) 430-6175 Facsimile Mac-'line (&Sf) 430-6178
Molly F. O'Rourke
Director
Robin R. Anthony
E!ec:ions and Spe
Project Superviso
October 25,1999
Dear Election Coordinator:
Enclosed is an update to the Minnesota Election Laws for 1998 and 1999. Ple:lSe make the
appropriate changes in your law books. Also, I want to remind you that we have a fall Election in
Mahtomedi, StPaul Park, and Independent School District 833 and 834, where we will be piloting
our new AccuVote Units.
.
As an Election Official for your respective jurisdiction as weIl as Washington County, I am
formally inviting you to stop by at one of the precincts on November 2, 1999, to view the use of
the Accu Votes and observe the voters and judges response to it Our division welcomes all
/omments and feedback, ~d appreciate your continued COntri.bution to~ards the electoral process.
( You are also invited to participate in the November 2, 1999, Election night reporting event, at
\ the Washington County Gove:mnent Center in Stillwater, Minnesota. The Board Room wiII
open at 7:30 p.rn. As in the past, we will be displaying up-to-date election results on screens
i in the Board Room as soon as they are available. (The Board Room is located in the
J Government Center on the first floor of the south wing.) The difference this year, however, is
an exciting one. As you know, we recently purchased new election equipment from Global
" Election Systems, out of McKinney, Texas. This state-of-the-art equipment wiII aIlow us to
simultaneously modem in results to the Washington County Government Center directly from
the precincts in just minutes after the polls close, and the last voter has cast their baIlol. Our
i County is honored to be the first in the state to use this technology with multiple cities and
1 _ school distrids. This is the fiIst lime this bas been dooe in the stile, and we are excited to be
\. on the leading edge.
What will we see at the Govenunent Center? You wiII see live results displayed as they come
in both on a static page and graphics.
Can I get a printout? Yes, on Election Night, county staff will be on hand to print out
jurisdiction wide reports immediately, and take requests for custom reports as well.
What about your webpage? At the same time this information is coming in to the Board Room,
it wiII also be available on the county's webpage www.co.washimrton.mn.us. We are also looking
at multiple options to view this information, such as a county map, that the public can click on to
find out what the results were in their precinct
If you have any questions, ple:lSe call our office at (651) 430-6175, or call me directly at.
(651) 430-8272.
.
~W~estre~~
"
C-
obin R. Anthony
Ta"(payer Services & Elections Division Supervisor
Washington County
Enc losure
Wasmngtcn C':llnty dces net disc:mmate en :I:e baSIS of rac:a, coler, natJcnal cngln, sex, religion, age, and handlC3CJ;ed status In emplcyment cr ~"e ;:rcvlslcn cf serilces
Pf/f/led en Recop:!ed Paper
'"
~ Stillwater Area ChaMber
~ 651/439-7700 x11
D 1/1
~ 2300...000
Thursday 0000000/
ThouShts
For October 28th. 1999
Lunch with the Chamber
Look for us at Mad Capper's on
Friday, October 29th.
Mark your calendar with these upcoming dates:
Friday, November 5th - Brine's
Friday, November 12th - Famous Dave's
Friday, November 19th - Lake Elmo Inn
Friday, November 26th - NO LUNCH
Friday, December 3rd - Esteban's
HAVE YOU MADE YOUR RESERVATIONS YET?
It's the Lonesome Cowboy, dom.'...
ME-commerce and the Web.
KC Truby, he's the cowbcy from Wyommg,
he's the Laraest QuickBooks Trainer in American!
For tli e past 17 years, KC Truby has bee., c~llecting,
testir:g, and building training for PC based systems and
sOLUtions. He has Written and self-published 9 books
on business success, presentee over 1,600 training
seminars and sold ove" one million audio cassettes on
how to I:e a success in business.
KC's research broug~t him to two c:mclusions:
Business O'Nners should buy solutions that solve business
problems, no: gliw} technology. 2:'\d, People who selL
computer services should pre-package sOWtions to
business problems.
Tru!Jy's cowboy tnem e cem e from his belief that
"all bus~ness ovVners are c:wbcys of sort, riding their
own trai~ m ak~ng :neir cwn rules, riaing heU bent for
leather with an order blank in one hand, phone in the
other, ane the rei!;ns puUed up :ight in their tee:h.
loresome !::e:ause bein:: a business cwner can be a
lcnes:::me business, no 0~1e with whom to share ideas or
ask for heLp-that is until 10W.'"
Hine lonesome Cowbcy,'" has emerged as a true
champion for smalL bL.:siness owners natiorwide.
Confirm your reservation today, for
Tuesday, November 9th,
Noon. 1:30 p.m. at the
Lalee Elmo Banquet HalL
( Three chicke, buffet, dce pilaf, veggie pasta salad. rol~s,
be',erage and Cheese Cake.}
Tickets are $20.CO per person or a recognized
Corporate table of six, SUO.OO.
Cail the Chamber at 4.39-9390 by Nov. 5th.
I!!llC/28/99 <S> 2:49 ~fv'
Stillwater Area Chamber of Commerce
423 S. Mal n Street, Brick Aile,! Bldg,
Stillwater, MN 55062
Phone: 651/ 439 - 939~
Fax: 651/439 - 4541
ema'l: emarshal/@stil;waterchamber.::om
.
What's hot on the HiU? and...
What are your concerns?
Eggs N' Issues Breakfast
What will our Legislative representatives be
working on in this session? More important,
how do you as a business owner want them to
represent you?
Join us at the Lake Elmo Inn on
Wednesday, November 10th
7:30 - 9:00 a.m.
$15.00 per person
RSVP by Monday, November 8th
Breakfast: Ham & Cheese Omelet, hash browns,
caramel roU, fruit, English muffin and beverage.
RSVP by phone to 439-9390 or by invitation.
Have you given any thought as to which
Chamber committee, task force or event
you would like to participate in?
We have activities and committees for every
business need or expertise. Call 439-9390 today!
.
lake Elmo Business Association wiU meet on
Monday, November 1st, from Noon - 1:30 p.m.
at Gorman's.
Speaker: Deb Black, BoutweLL Landing
Senior li'ling Community
Oak Park Heights Business Association Hili meet
on Wednesday, November 5th, from 7:30 - 9:00
a.m. at the Oak Park Heights City HaLL.
Speaker: Deb Black, BoutweLL Landing
Senior living Community
Ambassadors Club - is moving ground & cutting
ribbon, on Monday, November 1st.
- Ground Breaking Ceremony - Ace Hardware
- Ribbon Cutting - Just For Me I A'Ieda Spa
- lunch Meeting on Monday, November 15th at
Trump's, Noon - 1:30 p.m.
---------
&1upahlirltWIt6. 14...
Gretchen Stein, The Sand Creek Group, received
the StilLwater Business & Profess:onal 'Nomen's
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STILLWATER 'rOWlfSB.IP
October 28, 1999
Chair:
Bergeron
7:00 P.M. Regular Meeting
Acrenda:
Adopt
Minutes:
Approve Minutes October 14, 1999
Treasurer:
1. Report
2. Checks & Claims
Attornev:
Planner:
1. Pinewood Ridge Final Plat
2. Comprehensive Plan and Zoning Ordinance
3. May Township Comprehensive Plan
Enqineer:
Public Works:
Clerk:
1. Bergmann Deferred Assessment
2. Agenda 11/16 Meeting
Committees:
PeoDle - 8:00 P.M. 1. Steve Nelson Report
Old Business: 1. Annexation Area After Bergmann Decision
New Business:
Adiourn:
Note:
BUdget Heeting 10/26/99 7:00 P.M.
10/23/99--
__~__._. 4_.. _ _____
Pat Bantli
'I"~
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_:& 1\
, ' -
Association of
Metropolitan
Municipalities
Date:
Time:
Where:
Cost:
C-<2..- 11/2-/'
l~ r= : ~ -'
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-:':(\ IJGT 25:SGG -. ~ -'-:1' '~999' P '~'~'I.
I~ ._:..---- -:->-" .".-- H - - L ~ _.. _ 0 ICY
: .. - _.~ ..-=-;i. -:.:.7-." -...._
L----- ~d()ptiqn Meeting
Oct. 20. 1999
Wednesday, Nov. 17, 1999
5-7 p.m.
League "of Minnesota Cities Building
Sf. Croix Room' -
No charge . '.
.--......... -- -------- --...... ---.-.-
This is the second of two majo~, l1Jem~ership meetings the Association -
of Metropolitan Municipaliti~ (AMM) holds each year fo/YOU - the
membership. All mayors, councilmembers., administrators ~ managers
and city staff are encouraged to.. ottend. -'.. -. ':. . - -' . ::- ;.. . - ~
~ _. _.. . _ 11
Since many 0'- ';~/~t!.l;~./!~i~'Ot~~s year we are trying a ~
new, compact format.--'Ther,! ~(( b.~ a ~5..-minute social..:: : ~ . .,. - .. ~v.arJ.
featuring light hors d'oeuvrescno alconolic bever- . "e.C~ a\\
ages) followed by the businesS meeting. There is NO .' ",-
charge to attend the social and/or meeting.
This is your opportunity to adopt the AMM 's 2000 Legislative Policies
and help determine the top priority issues the AMM should spend much
of its time and resources on during the 2000 Legislative Session. Cities
are encouraged to send more than one representative to contribute to
the policy discussion.
Please R.S. ~~ by calling the AMM at 651-215-4000 by Friday, Noy. 12.
This is your. chance to...
I Vote on the 2000 Legislative Policies
I Determine lobbying priorities
I Network with your metro peers
Association of Metropolitan Municipalities (AMM)
145 University A venue West 1 Sf. Paul, MN 551031 Phone: (651) 215-4000 1 Fax: (651) 281-1299
This flyer has been mailed to all AMM mayors, council members and managers/administrators.
League of Minn~sota Cities :~u;ld;n~
AssoCiation of Metroliolitan Municipalities (AMM)
145 Un!~~rsity ~yenue West
St. Pciul,-Mi!1"~ota 55103
Telephone: 651-215-4000
Fax: 651-281-1299
-* Highway 36
, -"';, -. , ,"
,
, : -r .., '~ . , . ..
-
Maryland Ave.
, .
. '
,
. . ., . .
Sherburri'~' Ave. _ 'J . - ""
w
" , ~ .~- , "
- -I LMC I University Ave.
...... . .' . .
: , ."
, - . .' . .... . .. .... - . " "
. , ", - l Capitol "
I, en State I
-
- CD Office
en 0
s:: a: Bldg.
0
.t: W
as 10
~ 1-94 C'J
.... "':.
"t. ...
~ . ~..
.
-.. : .. :~ :::\
-- -..- -:--=-
Located one-half mile north of I-94 at the
corner of Rice Street and University A venue.
I Park in the west parking lot and enter the building using the west entrance.
.
OCT-2'7-1999 13:32
CITY OF OPH
.
CITY OF OAK PARK HEIGHTS
TUESDAY, ocrOBER26, 1999
CI1Y COUNCIL MEETING FOllOW.UP AGENDA
7:00 P .:r.l.
5:00 p.m.
6:00 p.m.
Enpeering Interview., Contract Rme'W' & Issue,
Central BusiDess Distrid: Design Ccmc:ept
Call to Order/Approval of A~endi
S~al Harassment TraiDiDg Schedule added as Item Gunder OIel
Busine... Memo on Fall ClaZl-up iLS Item B under VisitorslPublic:
Comment. Ap'l'Zo..ecl as ameudecL Carriecl5 - o.
DeparhnentlC~ liai,cn RCWorls
A. P1.~n"i"'g COmuUssion
Update provided. Next ~etm;' is NovemLer tSiL at 7:00 p.:m.
B. Parks Commission
Update provided. Nut meeting' u November 15'" ilt 6:30 p.m.
C. Cable Commi8liou
Update provided.
D. Water Management Orgmizations
1. Brown", C~ watershed District
Update prcmded.
2. Middle St. Croix wateahed District
Next meetiuI1 in NOYem1er.
3. Valley Branc:1 Watershed District
Nothing to report
E. Other
valley View Estate. update provided.
Ryder T ransportatiOD uplate requested.
7:15 p.m. III. VisitonlPuLlic:: COTnTner1t
7 :00 p.m. I.
"1 :05 p.m. II.
.
A. Reqding Award
Ric:hRd Tunender, 5483 O~ltreen Plac:e North.
B. City Fall Clean-up follow-up
t: pclatc provid.ec!.
.
C. Visitors
Andv Olson. 5464 Stagecoach Trail IS' or..h. Expressed c:o~ce:m
P.02/05
CCT-27-19S9 13:33
CITY OF OFH
about tree removal on the Ryder Transportation site.
Martina Plaster. 5412 Stagecoach T nil North. Expres&ed concerns
about the Ryder Tramporlaiion site and property values.
Larrv Philk~1L. 5272 StagecoacL Trail North. Expressed c:once:m
Ieguding the excavation ancl any testmg done 011 the soil for lead and
asl,estof.
T6. :s sr. oppornmi~ fer the pJ,lic to ~ the Counc:J with ~ncDI or CODcenlJl on
18BUC. not part of the =Pk ~~cI.. (pI_limit CC:m:1ente to 3 minutes in leDgth.)
7:20 p.m. N. Consent A~nda (Roll Call Vote)
7:30 p.m. V.
A.
B.
Approve Bills (1 Investments
Approve City Council Minutes - September 28, 1999
Approved as ~ presented on oc:tok 12, 1999.. Carried
5-0.
Approve City council Minutes - OctoLer 12, 1999
ApFowcl with cofteOtions. Carried 5 - o.
Administrator". CoJ1tRclt.
Approved. Roll oall vote 1VU ~en. Carned 4 . 1.
CouncilmcmLft Beaudet oppo.ed.
Vac:atiou IZlformation
Approve Request for Payment No.6 to Ryan Counacting in the
amount of $49,331.60 for Kem Center Improvements
Approve Requat for Payment No.2 to S.R. Weidema, Inc. iu the
amcnmt of $402,613.26 &or Boutwell', T ,I?'lding - VSSA - Streets and
Utilities
c.
D.
E.
F.
G.
Item. B, C and D pulled. for elari:Eicatiou" .All otL.er items approved.
Roll call vote was bLen. Carried 5 . O.
Public Hearin~!J
A.. Public Hea.r.n~ to Consicler Assessments for the S8t!. Street
ImprovementslN oreIllo OaLgreec Ave. of 1998.
As.es.menu adopted by Resolution. Roll call vote was t..1en.
CArried. 5 - o.
B. Public Hearing to Consider Amendments to the Zoning Ordinance
5ectiou 401.03 (Cocdmonal Use Permits)
Aznendments adopted. by Resolution. Roll call vote was taken.
Carried 5 - o.
P.03/05
.
.
.
CC--27-1999 13:33
CITY OF OFH
P.04/05
.
C. Public: Hearing to Consider .Am.eadments to the Zoning Ordinance
Section 401.04 (Variances and Appeals)
Amenc1menb adopted Ly L.olutiOD. Roll call vote was taken.
Carried 5 - o.
D. Set a Pu~lic Hearing for NovemLer 9, 1999 a.t 7:00 p.m. to Consider
Amendmenb to the Zoniq 0Jdirw:1ce Section 401.06.C and
401.06C.5 (plamwd UDit Developments)
~o p~lic Heuing was .et due to the lad: it Wall heard at the
PJ...n1"l~n~ Commission level. Thi. issue will come back to Council
on November 9t1a as New Business. Car.ried 5 - o.
,..,. 415 VI. New Business
1.: _ p.m.
A. Propert-I Tax Status.
update p1'09idecl
B. Major Program sc:kdule
Update p:mdeJ.
C. Proclama.tion - Minnesota ManufactIue:' 5 W' eek
Approvecl5 - 0,
D. V.cancy aD parlrs CommiAion
.Approvecl5 - O.
E. St. C:roix Mall Ownenhip
update p1'O'rideJ.
F. Lower oaL pade Heights Planmng Assistance
. Update pl'O'Vided.
G. Adopt Auto Repair Major a,. CQnditioDal Use in the B-2 District
Approved. Roll call vote was taken. Curled 4 - 1.
Councilmeml,er Beaudet oppo.ed.
H. Approval ol Karmaxm Jack's Conditioml Ute Pezmit
Referrecl bacL to Planning COJJUI1dtiou.
1. Approval of stillwatft Fozd'. Amended Conclitional Use Pennit
Approvecl. Cazried 5 - O.
J. Approval of VSSA Main Campus General Plan of Development
Approved with Planning Commission Rcommendationl. Carried.
4 - 1. Couuc:ilmemLer Beaudet opposed.
8:30 p.m. VII. old Business
B.
Approval of Utility Rate Study
ApprOTal to go with SpzmgstecL Motion earned 4 - 1.
CouncilmemlJer Beaudet opposed.
Compo plan App%oval
Approved l,y Resolution. Roll call vote was taken. eanied 5 - o.
Valley View Estates Statu..
Update provided by Legal.
A.
c.
.
CCT-27-1999 13:34 CITY OF OFH
D. Path from S5t!. Street to saIL; Stre~JOakgreen
.AutLmization for Engineering to clo a feasibility study. Carriecl
5 -0.
E. Am~Inn Motel anJ Suites
Approved with conditions. Carried. 4. - 1. Councilm.ember
BeaQd.et opposecl.
Resolution for Rezonm; approved. Ron call vote was taken.
Curi.cl4 - 1. Councllmember Beaudet opposed.
F. "Cnion Contract
ApFOVecl with chani'e.. Motion <:anied. 5 - 0,
9:00 p.m.. VIII. Adioumment
Meetin~ acljounaccl at 10:19 p.DL Curie<! 5. O.
Social gatla.ri"9 cat App1.... _y fJlOt/1
P.05/05
iO:~L F.BS
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Frcl'1 N.'M To. N Ie Knes8'
AMM FAX
· NEWS
oct. 18-22, 1999 (no. 2)
Oate: 10122199 Time. !::47 04 PM
Page 2 of 2
~
Auociation of
Metropolitan
Municipalitie~
House TIF committee holds first hearing
The first of several TIF hear-
ings was held on Oct. 20.
Among the witnesses testify-
ing at the hearing were repre-
sentatives of the Office of State
Auditor (OSA), House Re-
search, the League of Minne-
sota Cities (LMC), AMM, Minne-
sota Solutions, the Association
of Small Cities, the Minnesota
Scheol Boards Association and
a private citizen.
Among the issues identified
.
I I
25 projects submitted I
for LeA funding
i The Metropolitan Council's
i Livable Communities
I Advisory Commitee has
I begun the process of review-
I ing the 25 projects requesting
approximately $13.3 miUion.
For 1999 the available
funding totals approximately
$7.3 million. Fifteen cities plus
the 135-W Coalition have I
submitted requests fer mixed-
use (housing and ccmmercial) I
and mixed residential
I projects, as well as for plan- I
I ning and predeve!opment. I
: The Metropolitan Council I'
! intends to award the grants
. I before the end of the year_ i
through the testimony or com-
mittee questioning were:
. Citizen inp"o't required for
TIF districts.
. The complexity of the TIF
Act.
. County and school
district review and approval.
. The validity of the but
for test.
. Large-scale. phased
redevelopment.
. Reporting requirements.
. The state aid offset.
. Tuning of the first incre-
ment.
. Pooling and pre-1990
districts.
The last issue was discussed
extensively by several wit-
nesses including the auditor,
and House Research staff.
The staff indicated that cities
having pre-1990 districts and
pooling from the districts have
financed infrastructure
~mprovements
and facilities with
TIF that are
normally funded
with non- TI F
funds or spe-
cial assess-
ments.
The 1999
amendments
regarding commu-
nity facilities and public im-
provements outside the district,
however, may have limited the
ability to pool.
The subcommittee will mE:et
again but the date and location
have not been determined.
Fiscal impact presentation slated for Oct. 26
The initial presentation
regarding the fiscal impact
study or "Tischler Study" is
scheduled for Tuesday, Oct. 26.
The presentation will be held in
the Council chambers.
The study is an attempt to
determine the public cost of
development. The study, which
is being conducted by Paul
Tischler and Associates, ana-
Iyzed the development of eight
metropolitan area CIties. The
study developed two growth
scenarios for each city and
projected households and popu-
lations under each scenario
The cost of the growth was
calculated for each prcjectior..
The final repert should be avail-
able in December 1999.
~.
-As':OIl cor1lf!~.r
Y!IIs ar PIlIliIaS 8' mwu.
7.
8.
9.
1.
2.
3.
1:00
1:00
4.
1:10
1:35
6.
1:45
2:00
10. 2:00
11. 3:00
12. 3:30
. 3:45
to
4:30
WASHINGTON COUNTY
D...... C. H.gberg
Dleatct: 1
8m Pulllrabek
Dleatct: 2
W.Dy AbraMm.,n
Dleatct: 3/Chalr
Myra Pstenan
Dleatct: 4
Dick Stafford
Dleatct: &
COUNTY BOARD AGENDA
OCTOBER 27, 1999, 12:30 P.M.
mSTORIC COURTHOUSE
101 WEST PINE
STILLWATER, :MN
***PLEASE NOTE CHANGE IN DATE, TIME AND LOCATION***
Roll CalI
Consent Calendar
Court Services Department - R. Reetz, Director
Con~ with the University of Minnesota for Evaluation Services in Conjunction with an
Agreement with Dakota County
Transportation and Physical Development - D. WISniewski
A. Lake Links Trail Network
B. Advertise for Two Foot Contours and Aerial Photography
C. Reject Bids for Water Filtration System at the Lake Elmo Park Reserve Swim Facility
General Admini~tion - J. Schug, County Administrator
Sesquicentennial Proclamation
Discussion from the Audience
'Y"uitol'3 mtzy shtl7'8 tAeir ct1IIC8nU witA tIuI CorDr.()I BOlI7'd ofCo1lllflissionen on tury item not on tAe agenJa. The C1uzir wiD
mrBCt the Cormty A.dmi"utl'alDr to prepare 1'&fJ101I8C1 to your C01lCe1'n.J. You tl7'8 encoruaged not to be repetitious of
previous spetlirers and to limit)1Oll1' adtlre.u to jiw minutIf.J.
Commissioner Reports - Comments - Questions
This period of time shall be ued by the Commiui01lBl'3 to report to tAe fidl Board on committee activitia. 1IUllrs comments
011 nuztten of intBl'f13t ad informati07l, or raise tplCtitms to the staff. This action is 1IOt i7ltended to raWt in .JIIb.Jllmtive
board acti07l during tAis time. Any acti07l net:e88ary bet:auae of disaJS.Ji07l will be scheduled fOr a future board meeting.
Board Correspondence
Adjourn
SESQUICENTENNIAL EVENTS
Sesquicentennial Celebration
Time Capsule Ceremony Located on Historic Courthouse Front Lawn
Ringing of Bells from St. Michael's Church
Reception for Public and Participants
***MEETING NOTICES LISTED ON BACK***
~ """ing da"iea .,. ."ailMJIe "" ".. in the County 8".nI Rixlm
If ~tJU -" _a dUfl lD d;.,~ ", /!I!I!J!!.!!18 bMriIIr.:.JI../aua a.1I 430.6000 (TlJD 439-322QJ
EaUAL EMPLOYMENT OPPORTUMTy I AFF(kMA TIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF CONIMISSIONERS
CONSENT CALENDAR *
OCTOBER 27, 1999
.
Tne following items are presented for Board approval/adoption:
DEP ARTl\rIENT IAGENCY
ITEM
Administration
A. Approval of the October 12, 1999 Board meeting minutes
Assessment, Taxpayer Services
and Elections
B, Approval of resolution, application for premises permit renewal from the
Hock~j Forest Lake Association, to be used at Vannelli's Forest Lake
Township.
C. Approval of abatement applications for value and homestead classification.
Human Resources
D
Approval to establish a promotional program forthe Service Representative
classification which will allow movement from the Service Representative
to the Sr. Service Representative after a period of 24 months; promotional
movements to be at the discretion of the Director of Assessment, Taxpayer
Services and Elections.
Sheriff
E.
Approval to accept a grant from the Minnesota Deparnnent of Natural
Resomces for snowmobile law enforcement- .
Approval to accept a grant for $75,000 from the U.S. Department of Justic..
in conjunction with the City of Hugo to hire one deputy as part of their
contract for law enforcement services.
F.
.Conse:l.t CaIe:l.dar items arc genc:aIly defined IS item of routine business, Dot requiring discussion, md approved in one vote.
Commissioners may e!~ to pull a COnse:1t Calendar item(s) for disc1lSlliou andlor separate action.
*************************************************************
MEETING NOl'ICES
Date
Committee
TJDle
LoatioD
Octobe: 25
Octobe: 27
Octobe: 27
October 27
Octobe: 23
Octobe: 23
Ocrobe: 28
Library Board
Mosquito Control Commission
Regional Sold Waste Mgmt Coord. Board
Planning Advisory Commission
Community Corrections
Met. TAB
Red Rock Corridor
6:30p.m
9:00 a.m.
10:30 a.m.
7:00 p.m.
7:30 a.m.
12:30 p.m.
3:30p.m.
1010 Heron Avenue North - Oakdale
2099 University AVCDUe. West - St Paul
2099 University AVCDUe. West - St Paul
Washington County Govc:mment Center
Washington County Gove:mIlent Center
230 E. 5= St - Mears Park CoTIe
Cottage Grove City Hall
.
'.
-
9.
10.
11.
12.
13.
14.
15.
BROWN'S CREEK
WATERSHED DISTRICT
1825 Curve C:te~t..BJyd. Stillwa"ter MN 5.,5082 Tel: 651-430-8300 FAX: 651-430-6819
A\:JENDA - OctoDer 28, 1 ~99 (Rescheduled from 10/25/99)
1.
Call to Order @ 6:30 PM
2.
3.
Oath of Office for new manager Don Peterson
SWCD Resolution
4.
Approval of Minutes from Od.11, 1999 meeting
Approval of Agenda
Treasurer s Report (Gordon)
a. Financial status
b. County loan process
c. Bills to be paid
Rules
a.
b.
c.
d.
e.
5.
6.
7.
Review of Green Twig Villas-8tillwater
Final discussion of revisions suggested by Don Pemon
Enacting Resolution to Adopt Rules
Enacting Resolution to Adopt Pennitting Process
Enacting Resolution to Rules as the would apply to existing development
THPP Review and Status
a. Pennitting (WISconsin Central, Grant, May, Washington County)
b. Response to citizen's petition
DNR Report
a. Stream reconstruction
b. Annual trout census report
c. Grant submittal status
Second Generation Plan Status
Kismet Basin status
Communication
MA WD Attendees and proxy authorization
Old business/New business
Recess to Executive session
16. Adjournment
e: Due to the many late evening meetings and pressures of decision making process we will commence no new discussions after
PM. Your cooperation in keeping issues on subject and brief will be appreciated.
Board MeetIngs are held on the 2nd and 4th Mondays at 6:30 p.m., at 1825 Curve Crest Boulevard. Stillwater. r-,,~
l\-"Ianagers: CraIg Leiser, Pres. . Karen Kilberg, VP . Ion Michels. Secy. . E.1. Gordon, Treas. . Daniel Potter
MINUTES OF l\-IEETING
BROWN'S CREEK WATERSHED DISTRICT
SEPTEMBER 27,1999
Board Members Present:
I
APPROVED
,-
Craig Leiser
Ned Gordon
Dan Potter
Karen Kilberg
Jon Michels, absent.
Others in attendance: Don Peterson, Newly Appointed BCWD Board Member (affective October 21, 1999),
Mark Doneux, Washington SWCD, Chuck Holtman, Smith Perker, Brett Emmons, Billy Thomas, Stu Grubb
and Pat Conrad, Emmons Olivier Resources, Julie Westerlund, Minnesota DNR, Jyneen Thatcher and Bill
Johnson, Cititzen's Advisory Committee, Jerry Turnquist, City of Oak Park Heights, Bill Pritchard, Orrin
Thompson Homes and Ron Peterson, Peterson Environmental, Inc.
1. The meeting was called to order at 6:.,10 p.m. by President Leiser.
2. The Minutes of the September 13, 1999 meeting were approved with minor changes. Motion by
Gordon, second by Kilberg to approve the minutes with minor correction noted. Motion passed 4-0.
3. Agenda was approved with one addition on the Treasurer's Report.
4. President Leiser introduced new BCwn board member Don Peterson from Stillwater. Don will
officially begin as a manager on the 21st of October.
5. Treasurer's Report: Manager Gordon gave an overview of the September 27, 1999 Treasurer's R.
Manager Gordon indicated that the District will be entering a period of time where project and operating
expenditures may preceed reimbursements and revenue. Manager Gordon recommend that the District
consider two actions. One, is to secure a loan from the County. The second, is to investigate taxation on a
subwatershed basis coupled with medium-term county loans of 3-5 years.
Manager Kilberg asked what the timing of the loan was compared to the THPP project timing and felt that
doing a subwatershed tax was not consistent with what has been planned and communicated to residents. It was
recognized that the subwatershed financing might be easier for the Kismet Basin project because it was not as
far along as the THPP.
Manager by Manager Kilberg to put THPP on hold until a Public Hearing regarding subwatershed financing is
held. The motion failed for lack of a second. Manager Potter felt the THPP financing was consistent with the
watershed wide funding approach.
Gordon concluded that the legal, engineering and SWCD need to discuss what is required to put together a
subwatershed taxing program.
Motion by Gordon, second by Potter to pay bills as presented. Roll call vote 4-0. Michels absent.
-
Brown's Creek Watershed District - APPROVED Minutes of Meeting September 27, 1999 Page 1
6. THPP
Bill Thomas of Emmons Olivier Resources, Inc. gave an update on some of the permitting details. Thomas
_iicated that the Wisonsin Central Railroad may have some issues. with plans but have not heard back from
WIm yet. Thomas outlined contingencies if railroad approval is not given or not given in time for construction.
Thomas outlined work that could be done absent of Railroad approval. Manager Gordon stated that the District
still needs to get under the tracks. Thomas concurred and specifically stated that access to the manhole and
right-of-way excavation may be issues with the Railroad.
Thomas indicated that the communities have been contacted. The gas company was out and staked the pipeline
route on Friday, September 24, 1999. Thomas indicated that Craig & Marcia DeWolf had requested that some
drainage improvements be made in lieu of easements. Kilberg asked what permitting would be necessary for
these drainage improvements. Thomas indicated that the Craig and Marsha DeWolf were willing to grant
easements if improvements were done. Iyneen Thatcher clarified that some approvals would be required from
NRCS (Natural Resources Conservation Service).
Thomas discussed the final design and phasing contingent based on permits and reviewed the project flow chart
leading up to ground breaking.
Leiser suggested that a meeting should be set up with LCMR to review project issues and scheduling.
Kilberg asked about maintenance requirements. Brett Emmons outlined some of~e maintenance issues.
Thomas requested that legal counsel draft contract documents. The question was raised if legal fees could be
reimbursed via LCMR funds. Counsel was requested to determine if LCMR funds could be used for the
.eparation of Contract Documents.
_ Grubb gave an update on the Burn Pit bids. Two bids were received one from I. Brothers of Forest Lake
and one from G L Contractors. Further discussion was tabled until the executive session. Grubb also outlined
the feedlot issues. The question was raised if the BCWD is responsible for.the Keith DeWolf feedlot. EOR was
directed to generate information regarding the feedlot, drainage improvements and easement costs. Grubb
requested authorization for 10 hours of work. Don Peterson asked if the BCWD adds the feedlot work to the
project would the watershed be adding future liability as well?
7. Kismet Basin Project
Pat Conrad gave an update based on the September 27, 1999 memo. An alternative outlet system was proposed
that would establish the 100 year floodplain elevation at two feet below the lowest floor elevation in the Kismet
Basin. A review of the necessary permits included: Wetland Conservation Act, US Army Corps of Engineers,
DNR, pipeline crossing approvals, City of Grant approvals and landowner pennision. Emmons Olivier
Resources was directed to proceed with preparing final cost estimates to be ready at the next board meeting.
Bill Johnson recommended that the watershed should run things past the City of Grant. Johnson also requested
that a document be prepared for him detailing the project actions. Johnson outlined certain expectations that he
had relative to the Kismet Basin project. Johnson also asked what was the area of the subwatershed.
Gordon clarified that EOR has requested a preference. Motion by Gordon, seconded by Dan Potter, to direct
IIIiIiilR to proceed with cost estimates for the alternative outlet design put forth in the September 27, 1999 Kismet
_in. 1V[otion passed 4-0, Michels absent.
Brown's Creek Watershed District - APPROVED Minutes of Meeting September 27, 1999 Page 2
11. Communications
There was a review of communications received.
.
Leiser noted that he received an Annual report from Rice Creek Watershed District and observed that the
BCWD also needs to complete an annual report.
"Grant News" the City of Grant Newsletter has solicted watershed news of note.
Washington County Governance Study notices have been sent.
12. Old Business
Manager Gordon asked clarification on moving forward with subwatershed taxing process. Manager Gordon
asked the question: "Do the managers support subwatershed district taxation?". The concensus was in the
affirmative. Manager Gordon will investigate the possibility of long-term loans with the county. Manager
Gordon should get general direction regarding subwatershed taxing district from legal counsel. Manager
Gordon will also approach Washington County and get information regarding a short term loan. Manager
Gordon indicated that these actions do not bind the board to a specific funding procedure at this time, however,
he would bring back information from these inquiries for future board action.
The meeting recessed at 10:37 p.m. for executive session.
The meeting was reconvened in open session at 11 :30 p.m.
adjournment. Motion carried 4-0.
Motion by Kilberg, second by Potier for
.
.
Brown's Creek Watershed District - APPROVED Minutes of Meeting September 27, 1999 Page 4
8. Rules
.. ser reviewed circulation of the Final Rules. Leiser asked if discussion about previously approved plats
ld be included. Holtman clarified that this is a temporal issue and could be clarified as policy. Kilberg
estioned the late nature of Peterson Env. letter. Bill Pritchard of Orrin Thompson Homes summarized his
past involvement and his current concerns regarding the BCWD rules. Ron Peterson explained the timing of
review and apologized for the lateness of the response. Leiser summarized the BCWD role in protecting
watershed resources. Specifically, Leiser noted the need for buffers. Ron Peterson indicated that some certain
studies were in conflict with the proposed BCWD Rules. Manager Leiser asked if these studies were done in a
trout stream watershed. Ron Peterson indicated that they were not. Manager Potter indicated an interest in
adopting the rules and work on the implementation. Gordon specifically noted that the Ron Peterson comment
on page 5, last paragraph, incorrectly assumes that a post project retrofit might be required. Holtman confirmed
that once a project was approved, the design would be found to be compliant with the rules. Gordon disagreed
with the Peterson assertation that everything basn't been proven and further aserted that he would rather error on
the safe side. Manager Gordon also encouraged adoption of the Rules and recognized that improvements may
be made as more information is available. Leiser reiterated the process and procedure that the BCWD bas gone
through and the need to adopt rules at this time. Bill Pritchard reiterated his concerns. Manager Kilberg
pointed out that the watershed district did an analysis on an actual project in the City of Stillwater annexation
area and remarked on how close the rules matched with City of Stillwater standards. Manager Kilberg further
suggested that Mr. Peterson review that study. Manager Leiser suggested that a concept plan from one of Mr.
Pritchard's proposed developments be used as a comparative analysis with the BCWD Rule~.
Don Peterson distributed a written memo dated, September 26, 1999, with comments on the BCWD Rules. Mr.
Peterson reviewed his comments verbally, provided explanations for his comments and suggested new wording
or language for the BCWD Rules. One specific comment related to adding a statement relating to provisions be
..forth which require groundwater protection criteria for potential changes in groundwater flow or direction.
.eux noted that Stillwater City Engineer bad requested the opportunity to see the :final rules prior to their
adoption. Manager Potter indicated a strong feeling to adopt rules with no more comment letters beyond what
had been received to date.
Manager Gordon inquired about the ordinance to rules comparison. Kilberg indicated that additional
information was requested and Stillwater and Oak Park Heights felt that.they had sent all the information to the
watershed district already. It was agreed that this issue may still need resolution.
A discussion was held regarding the enforcement challenges of erosion control.
9. Second Generation Plan
Brett Emmons summarized issues in the CAC Updates memo dated September 23, 1999. A CAC watershed
tour is schedule for October 9, 1999. Jyneen Thatcher reviewed CAC comments in relation to the final rules.
Doneux reviewed the September 22, 1999 memo regarding the Second Generation Plan and jointly answered
questions from the board with EOR. Motion by Potter, seonded by Gordon, to authorize EOR to proceed with
tasks 3-6 of the Natural Resource Inventory which is co-funded by the Conservation Partners Grant. Motion
iProved 4-0, Michels absent.
Plat and plans
No plans had been submitted for review.
Brown's Creek Watershed District - APPROVED Minutes of Meeting September 27, 1999 Page 3
2.
3.
5.
6.
7.
.
November 3
November 3
Sir
tt" AsinlGtDII col1lf!1.J
'N YEllscr r.a.ss 8' ~
W ASHINGTON'COUNTY
D.nn18 C. H.plg
DIatrIc:t 1
BID PuIIlrabek
DI.crIat 2
W.1Jy A......_n
DI.crIat 3/ChIIIr
MYN I'8m...n
Dlmfat 4
Dick SUlfai'll
DIatrIc:t &
COUNTY BOARD AGENDA
~. ~ - -
NOVEMBER 2, 1999, 2:00 P.M.
1.
4:30
Roll Call
Consent Calendar
4:30
General /4i1mini~tration - J. Schug, County Administrator
A. Brown's Creek Watershed District Loan
B. PERA Update
4:50 Discussion from the Audience
Y"uiton may8luzrs t1rei1'coru:tII'7I8with the County Botml td"~0II tI1IY item 1IOt on the agraufa. 1'he Cluzirwill
direct the Cormty ..4JJndnUtraID,.to JI"INII'tII'aJ1OII"' to yorr COIICeI'ILI. TOIl tz1'tI fIIICtJU1YIgtII II0t to be "lIpetitiou of
p1'fflli0U/l 8peD1ren tIIUlto limit)'Olll' tIIldre.u to jiw 1IIbruta.
Commissioner Reports - Comments - Questions
This period of1i1lltlshoIl be ued by tIrs Commi.viOlll1n to rqor1 to the JiI11 Botml on committee eu:tivitie.J, IIUlks commena
Oil matten ofillterat tIIUl infOP'llllJli01l, OF' rm- tpI&fIioIr8 to the 3IIIjf. Th:i8 tldioll is 1IOt inlfmded to nmdt in mlutantiw
bofl1'fi QCtion durillg this time. Any 1ICti01l1UlCt1Sllll'1 bfIt:IzU3e of dUaIDitm will be scheduled fO,. a JUture botmi meetillg.
Board Correspondence
5:10
Adjourn
School Board and General Elections - County Board Must Adjourn by 6:00 p.m.
************************************************************
MEETING NOTICES
Committee
11me
LoC2tiOD
Metropolitan LRT Joint Powers Board
911 Board Executive Committee
8:30 a.m.
10:30 a.m.
Hc:zmepin Co1lD1y GovemmCDt CCDtc:r
2099 University AveD1le W. - St Paul
~.."",.,. d8vit:a...w--- fw _ in the c-r., ~ ~
"P!'! -.J ...-r- "- m d;,.MJilJ't...tW ~ ""'r.,~ un ~ ITDD 43S-322QJ
EuUAL EMPLOYMENT OPPORTUNITY I AFF(RMA TIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
NOVEMBER 2, 1999
.
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the October 19, 1999 Board meeting minutes.
Assessment, Taxpayer Services
and Elections
B. Approval of resolution authorizing the repurchase of tax-forfeited parcel
29.031.21.32.0005 by 2-88 Special Inc., previous owner.
C. Approval of resolution authorizing the repurchase of tax-forfeited parcel,
25.027.21.44.0008 by Randy 1. Bischel, previous owner.
D. Approval of abatement applications for value.
Human Resources
E. Approval to ratify the 1999-2001 bargaining agreement with the Teamsters
Local 320 Probation Officer Unit.
F. Approval of the Uniform Settlement Reporting Form for the labor agreement
with the Teamsters Local 320 Probation Officer unit for 1999-2001.
.
.Consent Calendar items arc generally defined as itemS of routine business, not requiring discussIon, and approved in one vote.
CommIssIoners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
.
. -
Association of GeT 2 0 - -,...
-.......~
V.,"'"
Metropolitan - --- -'
Municipalities
DATE:
October 19, 1999
TO:
AMM City Managers/Administrators
FROM:
AMMStaff
RE:
Draft 2000 AMM Policies &
Policy Priorities List
Please distribute the enclosed draft of the AMM's 2000 Legislative Policies to your mayor and
council. The full membership will have the opportunity to debate and adopt the policies at the
Policy Adoption Meeting scheduled for Wednesday, November 17, 1999 at the League of
Minnesota Cities (LMC) building from 5-7 p.m. More details regarding the Policy Adoption
Meeting will be mailed to you soon.
.
Also, we would appreciate your help in determining the AMM's policy priorities this session.
Please ask your city council to review the Policy Priorities List on the back of this memo and
indicate the city's official top five priorities -- please only submit one form on behalf of your
city . You may bring this list to the Policy Adoption Meeting or fax (651-281-1299) the city's
response to the AMM office.
Thank you for your assistance!
C1p65/poldoclbulletinlpolbuIIOO.p65
.
145 Umverslty Avenue West
Saint Paul, Minnesota 55103-2044
Telephone: (651) 215-4000
Fax. (651) 281-1299
E-mail. amm@amm145 org
CITY:
2000 AMM COMMITTEE POLICY PRIORITIES
.
Please review the following list of priorities submitted by the AMM's four standing committees and indicate
the top five priority policies you think the AMM should spend much of its time and resources on during the
2000 Legislative Session. (please only submit one form on behalf of your city.)
(1 = highest priority; 5 = lowest priority)
I-A Levy Limits (Revenue)
I-B/C LGAlHACA(Revenue)
I-J Revenue Diversification (Revenue)
I-K Class Rate Tax System (Revenue)
I-L Limited Market Value (Revenue)
II-A Mandates & Local Authority (General Legislation)
ill-B State Housing Policy (Housing & Econ. Dev.)
ill-E Family & Elderly Housing (Housing & Econ. Dev.) .
ill-G Tax Increment Finance (Housing & Econ. Dev.)
.
ill-K Business Subsidy (Housing & Econ. Dev.)
IV -E Growth Management Strategy (Metropolitan Agencies)
IV -J Restructuring of Metropolitan Agencies (Metropolitan Agencies)
IV-L Parks & Open Space:
Operation & Maintenance Capital Funding (Metropolitan Agencies)
IV-M Surface & Groundwater Management (Metropolitan Agencies)
V-A TransportationFunding (Transportation)
V -B Regional Transit System (Transportation)
V -G Motion Imaging Recording System (M.I.R.S.):
Traffic Law Compliance (Transportation)
.
Other:
Association of Metropolitan Municipalities (AMM)
145 University Avenue w., St. Paul, MN 55103 ~ Fax: (651-281-1299) ~ Phone: (651-215-4000)
..,
.
. )
January 2000
DRAFT
. ~ ~ 1 '. '. l;'" ~ .. ". .'
.
Le' "-1- s;':I'":'~ '::.iJiI,el' :\.I'e" '.
. __ .'. "'~ i. :;~~~ JI~~ ;:y.~. : '
, . .... .. . ,_ _, I
P' O-L I :C:'l ES
.
Association of Metropolitan Municipalities
145 University Ave. lJ\I. . St. Paul, Minntf}sota 55103.-2044
Phone: (651) 215-4000. Fax: (651) 281-1299
E-mail: amm@amm 145.org
.
v
Table of Contents
Municipal Revenue & Taxation (I)
Levy Limits (I-A) 1
Local Government Aid (I-B) 1
Homestead & Agricultural Credit Aid (I-C) 1
Tax Exempt Property (I-D) 1
Sales Tax on Local Government Purchases (I-E) 2
Development Access Fees (I-F) 2
. Price of Government (I-G) 2
Fiscal Disparity Fund Distribution (I-H) 2
Personal Property Taxation: Electric Utility (I-I) 2
Revenue Diversification (I-I) 3
Class Rate Tax System (I-K) 3
Limited Market Value (I-L) 3
Funding Shifts (I-M) 4
City Revenue Stability & Fund Balance (I-N) 4
General Legislation (II)
Mandates & Local Authority (II-A) 5
Public Right-of-Way (II-B) 5
County Plat Approval Authority (II-C) 5
.
911 Telephone Tax (II-D) 5
800 MHz Radio System (II-E) 6
2000 Legislative Policies
Table of Contents
Permit Approval: Zoning (II-F) 6 .
Witness Fee Costs (II-G) 6
Eections: Alley System Authority (II-H) 6
Housing & Economic Development (III)
Livable Communities Act (III-A) 7
State Housing Policy (III-B) 8
Housing Preservation (III-C) 9
Minnesota Housing Finance Agency Appropriation (III-D) 9
Family & Ederly Housing (III-E) 10
Economic Development Responsibilities (III-F) 10
Tax Increment Financing (III-G) 11
Property Tax Reform Impact on TIF (III-H) 13
Development Tools (III-I) 13
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Welfare ReformjW orkforce Readiness (III-J) 14
Business Subsidy (III-K) 15
Building Permit Fee Surcharge (III-L) 16
Group Homes (III-M) 17
Metropolitan Agencies (IV)
Introduction: Metropolitan Governance Structure 19
Purpose of Metropolitan Governance (IV-A) 20
Regionally Provided Services: Funding (IV-B) 20
Regional Systems (IV -C) 20
Coordination of Local & Regional Plans (IV-D) 21
Growth Management Strategy (IV-E) 22
Local Plan Implementation (IV-F) 22 .
Metropolitan Council Focus on Planning (IV-G)
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Budget Process & Work Program Evaluation (IV-H)
23
Criteria for Extension of Metropolitan
Governance Authority (IV-I) 24
Restructuring of Metropolitan Agencies (IV-I) 24
Metropolitan Council: Method to Select Members (IV -K) 25
Parks & Open Space:
Operation & Maintenance Capital Funding (IV -L) 26
Surface & Groundwater Water Management (IV-M) 27
Water Supply (IV-N) 28
Regional Wastewater (Sewer) Treabnent System (IV-D) 28
Waste Stream Management (IV-P) 28
Transportation (V)
Transportation Funding (V-A)
Regional Transit System (V-B)
Motion Imaging Recording System (M.I.R.S.):
Traffic Law Compliance (V-C)
Transportation Utility (V-D)
Highway Turnbacks & Funding (V-E)
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31
32
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'3C' Transportation Planning Process:
Elected Officials Role (V-F)
Airport Noise Mitigation (V-G)
Committee Rosters (VI)
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33
1999-00 Housing & Economic Development Committee 35
1999-00 Metropolitan Agencies Committee 36
1999-00 Municipal Revenue & Taxation Committee 37
1999-00 Transportation & General Government Committee
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Table of Contents
IV
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Municipal Revenue &
Taxation (I)
Levy Limits (I-A)
The AMM strongly opposes levy limits and urges the legislature
to not re-enact them for 2001 or beyond. The AMM also opposes
the imposition of artificial mechanisms such as valuation freezes,
payroll freezes, reverse referenda, super majority requirements for
levy, or other limitations to the local government budget and taxing
process.
Local Government Aid (I-B)
Local Government Aid (LGA) returns a portion of statewide
resources to supplement local "property taxes. The AMM supports
its continuation with an annual inflation index, along with
additional state resources to further reduce the reliance on the
property tax. In addition, any LGA formula changes considered by
the legislature must have a positive impact on the metropolitan
area.
Homestead & Agricultural Credit Aid (I-C)
The Homestead and Agricultural Credit Aid (HACA) equals about
40 percent of the total local aid and should be continued as part of
the local fiscal relationship, with an inflation or increased
household growth factor restored for cities. The AMM strongly
opposes the conversion of city HACA to school aid.
Tax Exempt Property (I-D)
The AMM encourages the legislature to authorize cities to establish
a program of payments in lieu of taxes by tax exempt governmental
and non-governmental organizations, except constitutionally
exempt property (churches and schools) for the cost of services
such as police, fire and streets to their facilities.
2000 Legislative Policies
Revenue & Taxation
Sales Tax on Local Government Purchases (I-E)
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The legislature should reinstate the sales tax exemption for all local
government purchases without requiring a reduction in other aids.
Development Access Fees (I-F)
The Al\1M supports authorization for cities to impose Development
Access Fees for roads and stormwater control.
In order to fairly provide for major street and stormwater
improvements of primary benefit to a particular subdivision
development but not directly assessable and to allocate cost so that
new growth pays its fair share, the legislature should authorize
cities to establish at their option a road and/ or stormwater
development access charge to be collected at the time that
subdivisions are approved and/ or at the time building permits are
issued similar to park dedication fees.
Price of Government (I-G)
The price of government calculation in regard to local governments
should be based on (1) changes in the sum of the levy and state
aids, and (2) examination of long-term trends, not single year
events. In addition, consideration should be given to service
provision transfers between governmental units, increased demand
for services by citizens and legislative mandates or tax rate
changes.
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Fiscal Disparity Fund Distribution (I-H)
The AMM opposes the use of fiscal disparities to fund social
or physical metropolitan programs since it results in a
metropolitan-wide property tax increase hidden from the public.
Personal Property Taxation: Electric Utility (I-I)
The AMM opposes proposals for exempting the Investor Owned
Utilities (IOUs) from the personal property tax. Under no
circumstances should local units of government and their taxpayers
be required to shoulder the burdens of tax relief for IOUs.
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The personal property tax is a significant portion of the
metropolitan fiscal disparity pool and, if eliminated, would have a
metropolitan-wide property tax impact.
Revenue Diversification (I-J)
The AMM supports revenue diversification for cities to reduce
the reliance on local property taxes. Some examples include
authorization for local sales taxes, payments in lieu of taxes,
franchise fees, deed taxes to remain with city, development impact
fees, or the creation of a separate income! sales tax fund that would
grow with the economy.
The AMM opposes legislated reduction or limitation on various
license fees, development fees, or other general fees which would
force increased property tax to pay for related services.
Class Rate Tax System (I-K)
The AMM opposes a change from the class rate tax system to a
market value system, which would cause tremendous shifts of tax
burden between classes of property, or applying future levy
increases to market value, since this would further complicate the
property tax system.
Limited Market Value (I-L)
The AMM strongly opposes further extension of artificial limits in
valuing property at market for property taxation purposes.
Limiting market value increase on existing property to a non-
market index or set rate will cause various property tax system
problems. Similar properties will be taxed differently if new or sold
and improvements will be discouraged. Tax shifts will occur
mainly on lower valued homes and the ability to issue bonds may
be adversely affected. Finally, it will be politically difficult as well
as costly to persons owning long-term capped properties when it
becomes necessary to sunset due to vast differences in tax liabilities
for like properties. The AMM believes that enhanced targeting for
special circumstances such as low-income persons better serves the
tax system.
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Revenue & Taxation
Funding Shifts (I-M)
The AMM requests the legislature to continue to reduce the
imbalance of aids versus revenue between metropolitan and
outstate cities and to consider how this distribution of resources
affects the economic growth and vitality of the metropolitan area,
and thus the entire state. Currently in the metropolitan area, about
66 percent of the state revenue is collected, while only about 49
percent of the aids and credits are redistributed.
City Revenue Stability & Fund Balance (I-N)
The legislature should not attempt to control or restrict city fund
balances. These funds ~e necessary to maintain fiscal viability to
meet unexpected or emergency resource needs of city governments,
to purchase capital goods and infrastructure, provide adequate
cash flow and to maintain high-level bond ratings.
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General Legislation (II)
Mandates & Local Authority (II-A)
The AMM opposes statutory changes which erode local control and
authority or create mandated additional tasks requiring new or
added local costs without a corresponding state appropriation or
funding mechanism. New unfunded mandates cause increased
property taxes which impedes the ability to fund traditional service
needs.
Public Right-of-Way (II-B)
The AMM supports the continued effort of the League of
Minnesota Cities (LMC) to protect the authority of cities to
maintain jurisdiction over municipal public rights-of-way, to
establish relevant criteria and to obtain reasonable compensation
for its degradation.
County Plat Approval Authority (II-C)
Cities oppose county authority over plat approval for plats that are
contiguous to existing or proposed county roads. While counties
have a valid interest in right-of-way and access decisions, this does
not warrant a transfer of approval authority.
911 Telephone Tax (II-D)
The AMM supports the current distribution of the 911-access fee
and the limit of 30 cents per line per month to offset basic
maintenance costs and enhanced upgrade. Any fee granted
legislatively in excess of 30 cents should be returned directly to the
municipality or public safety answering provider (PSAP) where
collected. Fee increases granted by the legislature should be a
specific amount not a general authorization and only for a specific
purpose. Phase 2 Wireless enhanced 911 costs should be recovered
from a direct charge to cell phone users.
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General Legislation
800 MHz Radio System (II-E)
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The AMM supports the continuation of the Metropolitan 800 MHz
Radio System legislation and board, as long as cities are not forced
to modify their current systems or become part of the 800 MHz
Radio System until they so choose. The system should provide a
phased transition guaranteeing uninterrupted service and be
technically capable of allowing communities the flexibility to form
various coordinated arrangements for dispatching and service
provision. In that one of the prime advantages of this system is the
fact that local public safety agencies and other units of local
government throughout the region will be able to communicate
with each other, regional funding of the entire system should be
considered. Any such funding should take into account the
reasonable useful life of current systems.
Permit Approval: Zoning (II-F)
The permit approval statute delineating time limit requirements
should be modified so that in the case of a rezoning application, a
motion which requires a simple majority vote that extends action
beyond the 60- or 120-day time requirement, constitutes a denial
not an approval in order to uphold the super majority requirement
of the zoning statute. Current law provides automatic approval if
no action is taken.
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Witness Fee Costs (II-G)
Since one-third of fines for city-related prosecutions remain with
the county and adequately fund this cost, the AMM opposes
shifting witness' fees from counties to cities for these actions.
Elections: Alley System Authority (II-H)
The AMM supports permissive authority for statutory cities to
adopt an alley system for filing for city council seats.
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Housing & Economic
Development (III)
Livable Communities Act (III-A)
The 1995 Legislature enacted the Livable Communities Act (LCA)
to stimulate housing and economic and community development
in the metropolitan area. The act permits cities to access about $11.0
million in funding for pollution clean-up, housing and
redevelopment. As a participant, a city must adopt affordable and
life cycle housing goals and a plan to achieve the goals.
Since its inception, the Metropolitan Council has been responsible
. for program implementation, including the completion of an
annual progress report. The report for the 1996 calendar year
indicates progress toward achieving the stated goals but also raises
concern regarding the preservation of affordable housing,
particularly the demolition of housing units.
The AMM has maintained that the LCA should not be amended
until there are progress reports and experience with the LCA.
Based on the reports and experience of cities, the AMM
recommends:
. The LCA should be continued.
. The LCA should be amended to eliminate the requirement that
a city annually elect to be a participant in the act and require by
November 15 that a resolution to withdraw be approved.
. The state should appropriate funds for the LCA. The
appropriation should not replace the current funding sources
but should be in addition to them.
. The Metropolitan Council, in cooperation with the LCA
participants, should develop a benchmark to measure a city's
efforts to provide affordable housing. The benchmark should
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Housing & Economic Development
replace the Affordable Life Cycle Housing Opportunity
Amount (ALHOA).
State Housing Policy (III-B)
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The AMM recognizes and is encouraged by the efforts of the
legislature regarding the production and preservation of affordable
housing. Over the past several sessions the legislature has provided
the Minnesota Housing Finance Agency (MHF A) with additional
funds to address housing issues. For example, the 1999 Legislature
significantly increased the MHF A's biennial appropriation for
housing production programs.
While the st"lte of Minnesota continues as a partner with local
government in addressing housing issues the federal government,
the traditional leader in housing policy development, has
decreased its involvement in the issue. The federal government's
lack of commitment has caused the other partners -- state and local
governments -- to increase their housing commitments. The state
and local efforts have made an impact but without a strong federal
presence, the state and local e~forts will be limited. Therefore, the
AMM strongly encourages the federal government to be actively
engaged in housing policy and programming.
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To continue the expansion of the state's economy, the governor and
legislature should recognize the importance of housing to economic
vitality and family stability and should adopt policies that preserve
existing housing, permit the production of safe affordable housing
and provide resources to produce and preserve housing. The AMM
recommends the following:
Land Use Standards and State Incentives
. Minnesota cities are responsible for and should retain the
authority to regulate the location, size and amount, and type of
housing within their boundaries. Minnesota cities, where the
county has capacity, should partner with the county to provide
affordable housing.
. The state, in an effort to encourage more affordable housing,
should authorize cities on a voluntary basis and provide
incentives for such concepts as density bonuses and mixes of
housing types and price ranges. The incentives can be, but not
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be limited to, property tax class rates and sales tax exemptions
for construction materials.
. State funding provided for the incentives should not reduce
existing programs.
. Historically, the federal government has provided funding for
housing production and rent subsidies. Over the last decade the
federal government has reduced its funding commitment and
has caused a shortage of affordable housing. Therefore, the
AMM recommends that the federal government increase its
participation and funding in housing.
Housing Preservation (III-C)
Housing preservation includes the maintenance of the existing
rental and owner occupied housing, as well as the retention of
affordable units that were formerly subsidized by federal
programs. The state should:
. Continue and increase funding the housing preservation
program for federally subsidized housing that could be
converted to market rate housing.
. Expand efforts to provide resources for housing rehabilitation.
. Provide a sales tax exemption for construction supplies and
materials used in the construction or substantial rehabilitation
of affordable housing.
. Exempt public agencies from paying the mortgage and deed tax
when developing or providing for affordable housing and
redevelopment.
Minnesota Housing Finance Agency Appropriation (III-D)
The Minnesota Housing Finance Agency's (MHF A) biennial
general fund appropriation approximates $78.0 million. (The 1999
Legislature increased the general fund appropriation to $115.0
million.) The agency uses the funds for several housing programs
including rental and homeownership. For the next biennium the
agency should:
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Housing & Economic Development
. Have its appropriation increased and the increase be used
primarily for housing preservation, housing production and
homeless prevention programs.
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. Redesign, if warranted and with city input, the Community
Rehabilitation Program to encourage additional participation
from the metropolitan area. The redesign, if needed, could
include modification of the area designation, and appropriation
set aside, a multiple year funding commitment, recognition of
local needs, the timing of the application process, and a linkage
to the LCA.
Family & Elderly Housing (III-E)
Demographic trends indicate that Minnesota's population is aging.
For example, the Metropolitan Council projects that the region's
population age 65 and older will nearly double from the year 2000
to 2020. Since most of the population owns single family housing
and they will be smaller households there could be a demand for
smaller housing units. The elderly population will also be older
than their predecessors.
In the metropolitan area, the Metropolitan Council reports that the
number of persons age 75 and over will increase from
approximately 110,000 in the year 2000 to 180,000 in 2020. Being
aware of the trends, the legislature should:
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. Provide additional resources to serve the low income elderly.
Resources should include housing as well as related services.
. Direct state agencies to provide information and technical
assistance to local governments regarding the population
changes and their impacts on public services.
. Develop policies that encourage the development of housing for
the elderly that is affordable and provides an attractive
alternative to current housing and preserves the current
housing.
Economic Development Responsibilities (III-F)
The state should continue to recognize cities as the primary unit of
government responsible for implementing economic development
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policies and land use controls. New or amended economic
development programs designed to address specific economic
circumstances with cities or counties should use problem definition
as the criteria rather than geographic location, city size or similar
criteria.
Tax Increment Financing (III-G)
The 1999 Minnesota Legislature made several changes to the Tax
Increment Financing (TIF) Act. Among them were amendments
relating to pooling, the use of increment for public facilities and the
impact of property tax changes on TIF.
Poolin~
. Oarify that any tax increment districts approved between 1979
and 1982 have the same authority to pool increments as districts
certified after 1982 and prior to April 1, 1990.
. Allow districts approved after April 1, 1990 to pool increments
for affordable housing or pollution remediation.
Local Effort
. Eliminate the LGA/HACA penalty or allow an exception from
levy limits. If the penalty is not eliminated, the restrictions on
the source of payment should be removed.
. Authorize the use of federal grants and other local funds for
local contributions.
TIF Use
. Exempt redevelopment districts from the five-year rule.
. Reaffirm that cities alone should be authorized to approve city
initiated tax increment districts and that counties and school
districts should continue to have the ability to review and
comment on TIF.
. Permit all cities to establish housing replacement (scattered site)
districts and allow TIF to be used for historic preservation.
2000 Legislative Policies
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Housing & Economic Development
Housin~
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. Modify the housing district income qualification requirements
to allow the levels to vary according to individual regions of the
state or counties.
. Remove the LGA/HACA penalty imposed on housing districts
established between 1990 and 1993.
Reporting
. Authorize the publication of TIF financial information in a
format so that it provides taxpayers with useful information.
. Clarify that the Office of State Auditor (OSA) must give cities 60
days to respond to a violation of the TIF law prior to sending a
notice of the violation to the county attorney. The notice to the
city must also state that at the end of the 60-day period any
resolved issues will be sent to the county attorney for possible
action.
. Require the county attorney to decide on action regarding
violation within ninety days of receipt of the notice from the
OSA.
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. Authorize the OSA to conduct a compliance review of a tax
increment district within 12 months of the date the district is
decertified or the increment is completely expended, whichever
is later. The State Auditor, upon completion of the review and
resolution of outstanding issues, must issue a certification that
the district is complete and not subject to further actions by the
office.
. Clarify that an error of a non-substantive manner is not a
violation of the law and therefore the city should not be
formally cited for a violation of the reporting provisions of the
TIF Act.
. Require that the OSA provide reporting entities with a checklist
of specific items that will be part of a compliance or final review
of a district.
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. Redraft the reporting section of the TIF law to simplify the TIF
reporting forms, consolidate reports and request similar
information for the reports submitted annually to the State
Auditor.
Property Tax Reform Impact on TIF (III-H)
During the past two legislative sessions, the property tax class rates
have been compressed and as a result commercial industrial
property taxes should decrease. The decrease could also result in
revenue shortfalls in TIF districts. The shortfalls could impact bond
payments and other contractual obligations. Being aware of the
impact, the 1997 Legislature authorized a $2.0 million grant
program to be administered by the Minnesota Department of
Revenue and the 1998 Legislature authorized cities to establish
special service districts to offset possible shortfalls. Being aware of
the impacts, the legislature should:
. Authorize the grant program for 1998 tax change impacts in
addition to the 1997 tax changes.
. Provide additional funding for the program and extend the
sunset to the year 2003.
. Include the changes in class rate definitions such as maximum
market value limits and number of parcels per class in the
calculations to determine class rate compression impacts.
. Move the application and payment dates to coincide with the
city budget time frames.
. Permit city councils to transfer funds from one city
development agency to another to prevent shortfalls due to
property tax changes or TIF law changes that would result in a
deficit in paying outstanding contracts or obligations.
Development Tools (III-I)
Over the past several sessions, the legislature has provided cities
with development tools to redevelop property, clean up polluted
sites and encourage business retention and expansion. 'Ip,e tools
include, but are not limited to, TIF, tax expenditures and loans and
2000 Legislative Policies
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Housing & Economic Development
grants. Many of the state tools have supplemented local efforts. To
continue this state local relationship, the legislature should:
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. Continue the Minnesota Investment Fund.
. Support increased funding for the pollution clean-up program
administered by the Minnesota Department of Trade and
Economic Development (DTED).
. Require condemnation commissioners to consider the cost of
correcting pollution problems in determining the final value of
property.
. Establish an indemnification fund to provide financial security
for institutions and individuals as they invest in developing and
clean-up of polluted sites.
. Eliminate the requirement to match a portion of the clean-up
grant program with local general funds.
. Make permanent the Redevelopment Fund established in 1998.
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Welfare ReformlWorkforce Readiness (III-J)
In developing workforce policies, the legislature has considered the
impact of such factors as the robust economy and federal welfare
reform. The economy has produced employment opportunities in
several business sectors that are not being satisfied due to the lack
of skilled workers. To address this issue the legislature has
responded by restructuring and expanding its workforce programs
to meet the needs of the state's employees.
With the passage of federal welfare reform and enactment of
Minnesota's new welfare program - the Minnesota Family
Investment Program (MFIP), public policy is placing an emphasis
on work and job readiness. The purpose of MFIP is intended to
support work and not to replace income when people are not
working. To accomplish the goal of getting people to work
Minnesota has adopted a work first program that expects, supports
and rewards work.
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Among the program elements established by the legislature to
implement MFIP are jobs training, transportation, medical
assistance and housing.
As :MFIP is being implemented statewide, the state is experiencing
record low unemployment and economic growth, and as a result
there are now employment opportunities. If the economy, however,
declines, employment opportunities for MFIP participants will
decrease and the state's human service system could be over
extended. Being aware that a trained work force is a major part of
an economic development strategy the legislature should:
. Provide state funding to match the maximum amount of
available federal training funds.
. Continue and increase funding for state job training programs
including Pathways and the Job Training Partnership.
. Modify the Pathways Program to provide public agencies with
the flexibility to contract with training programs of employers,
as well as those of public institutions.
. Continue and increase funding for the transportation and
childcare programs including sliding fee daycare.
. Examine the delivery system for state services (training,
daycare) to determine and ensure that administrative
procedures are implemented uniformly throughout the state.
. Continue the policy of nor reducing a person's or household's
MFIP monthly grant if they are residents of the public or section
8 housing.
Business Subsidy (III-K)
The Minnesota Department of Trade and Economic Development
(DTED) and local governments provide financial incentives to
businesses to relocate, expand or remain in the state or specific city.
The provision of the incentives is usually part of a development
agreement between the business and the public entity. The
agreement contains a description of the incentive and the type of
development to be completed in terms of market value or square
2000 Legislative Policies
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Housing & Economic Development
footage and penalties for non-performance. The agreements also
contain job and wage goals as required by current Minnesota law.
.
In reviewing the issue of corporate subsidy the legislature should:
. Clarify the reporting requirements in terms of time frames and
reporting entity.
. Exclude redevelopment and housing TIF districts from the
reporting requirements of current law.
. Maintain the reporting of job and wage goals in current law but
do not require a specific wage amount.
. The Business Subsidy Law approved by the 1999 Legislature
will need to be amended during the 2000 Session. The
amendments are needed so that DTED and the cities can
implement the act. Among the amendments that should be
adopted by the legislature are:
1. The exclusion of tax exempt revenue bonds issued on behalf
of a non-profit entity. The bonds are used to finance such
facilities as health care and housing and the bonds are not
included in the existing federal bond limits.
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2. Clarify that pollution clean-up, soils projects and
rehabilitation of buildings exempted as a business subsidy
does not need to submit a report to DTED.
3. Define that the rehabilitation of buildings does not include
the rehabilitation of housing.
4. Eliminate the requirement that the business receiving the
subsidy must continue to operate at the same site for at least
five years.
5. Provide DTED with an appropriation to implement the law.
Building Permit Fee Surcharge (III-L)
Local governments collect a half-percent surcharge on building
permits. The proceeds of the surcharge are paid to the state and are
used to support the State Building Codes and Standards Division.
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Housing & Economic Development
Prior to 1991, any excess proceeds were remitted on a prorate basis
to the local governments. To help with the development of
affordable housing it is recommended that:
. The proceeds from the building permit surcharge fee be paid to
the MHF A for the support of affordable housing and that the
building codes and standards division be funded from the state
general fund.
Group Homes (III-M)
. State and county agencies must provide timely notification to
cities of facility license requests and renewals and provide
adequate opportunity to respond. Cities must also be aware of
the special care needed by residents of such facilities in case of
public safety emergencies.
. Clustering of community residential facilities because of
economic, geographic or other factors should be avoided.
Standards of non-concentration for state or county-issued
Requests for Proposals (RFPs) should be established.
. There must be an ongoing screening process, particularly in the
correction area, to insure that persons placed in a residential
facility will benefit from such an environment and will not be a
danger to themselves or others. The licensing authority must be
responsible for removing any person found incapable of living
peacefully in such an environment.
. Facilities licensed by the corrections department should not be
exempt from reasonable local land use regulations.
. A fair share concept should be considered within the
metropolitan area. However, this concept should consider other
factors including transportation facilities, job availability and
other needed support services.
. The licensing authority and/ or legislature should allow cities to
participate in the search for facility locations in order to meet
needs of the providers, facility residents and the neighborhood.
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Housing 8. Economic Deve!opment
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~ Metropolitan Agencies (IV)
Lr'"""
Introduction: Metropolitan Governance Structure
The Metropolitan Council was established in 1967 to coordinate
"the planning and development" of the seven county metropolitan
area. To fulfill its responsibilities, the Metropolitan Council has
worked with local governments to establish policies regarding
growth and development in the region. Over the years, the
Metropolitan Council has been authorized by the legislature to be
involved in the development of regional parks and the operation of
regional services.
In the following years the Metropolitan Council was mostly
advisory, but was given responsibility for regional policy
development and coordination in the areas of wastewater
treahnent, transportation and airports. The Metropolitan Council
was given limited approval authority for development proposals,
which were of metropolitan (regional) significance but was not
given direct operational authority.
The Metropolitan Council's responsibilities have been expanded
over the years. The Metropolitan Council was given direct
operational responsibility for regional transit and wastewater
treahnent in 1994. In the following year, the legislature directed the
Metropolitan Council to implement the Livable Communities Act
(LCA). The Metropolitan Council's role with the LCA is to
negotiate affordable and life cycle housing goals for cities and
provide grant funds for the clean-up of polluted lands and
demonstration projects that foster a mix of land uses and housing
types. The Metropolitan Council's role has evolved since its
inception to long-range planning and the operation of regional
services.
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Metropolitan Agencies
Purpose of Metropolitan Governance (IV-A)
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The AMM affirms its support for the existence of a metropolitan
governance system to deal with appropriate regional issues and
concerns. The purpose of the metropolitan governance system
should be:
. To facilitate region-wide planning with the cooperation and
consideration of the affected local units.
. To provide certain region-wide services that do not duplicate
those that can be provided by local governmental units, either
individually or jointly.
. To fulfill other specific responsibilities mandated by the state
and federal governments.
Regionally Provided Services: Funding (IV-B)
The Metropolitan Council should continue to fund its regional
services and activities through the existing combination of user
fees, property taxes, and state and federal grants. The current
revenue system provides better visibility to the customers.
.
The Metropolitan Council should be responsible for determining
user fees. The fees should be consistent with regional system plans
and goals assure that the service quality can be of high quality as
measured by industry or public policy standards and be
established by an open, visible procedure including, but not limited
to, public notice and hearings.
A clear linkage between revenue and service should be maintained.
Fee proceeds from one service should not be used to fund another
regional service.
Regional Systems (IV-C)
The regional investment in metropolitan systems must be
maintained and preserved by preventing adverse impact because of
the lack of integration and coordination between regional and local
planning.
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2000 Legislative Policies
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Metropolitan Agencies
Regional system designation should only be approved if there is a
compelling metropolitan problem or concern that can best be
addressed through the designation. Prior to requesting legislative
approval for a system, the Metropolitan Council must discuss the
proposal with the region.
Coordination of Local & Regional Plans (IV-D)
The regional planning process must, on a continual basis, have the
input of local government officials. To ensure input, the
Metropolitan Council should hold hearings and provide public
notice and copies of proposals regarding amendments to the
Metropolitan Development Guide.
Metropolitan system plans must be specific in terms of locations,
capacities and timing to allow for consideration in local
comprehensive planning. System plans should clearly state the
criteria by which the local plans will be judged for consistency. The
system plans should also clearly state the criteria that will be used
to find that a local plan has a substantial impact on or contains a
substantial departure from the metropolitan system plans.
The Metropolitan Council should continue to offer assistance to
cities. The assistance should include but not be limited to staff
support, research, policy guidelines, system statements and
procedures for the review and evaluation of plans and
amendments.
The Metropolitan Council, in its review of local plan amendments,
must have a procedure that will:
. Recognize that the Metropolitan Council's role is to review and
comment, unless there is a substantial impact on or departure
from the system plans.
. Establish an open dialogue between cities and the Metropolitan
Council, including public meetings and public hearings.
. Be aware of the statutory time constraints imposed by the
legislature on plan amendments and development applications.
2000 Legislative Policies
21
Metropolitan Agencies
. Provide for immediate effectuation of plan amendments, which
have no potential for substantial impact on systems plans.
.
. Require the information needed for the Metropolitan Council to
complete its review, but not prescribe additional content or
format beyond that is required by the Metropolitan Land
Planning Act (MLPA).
Growth Management Strategy (IV-E)
The Metropolitan Council should continue its flexible guided
growth policy regarding Metropolitan Urban Service Area (MUSA)
expansion requests as outlined in the Regional Blueprint.
The Metropolitan Council in cooperation with State Planning and
the counties adjacent to the region should develop growth
management strategies for the collar counties. The strategies should
focus on policies that can be implemented by local governments
within the adjacent counties and state agencies rather than
extending the jurisdiction of the Metropolitan Council to additional
counties. All strategies should complement and recognize growth
policies being implemented within the region.
.
. If regional services are to be extended to the collar counties, the
services should only be extended if there is a specific problem
(environment or transportation) that can be best resolved by
extending the service. The area receiving the services must pay
for the service extension and agree to growth management
strategies consistent with those of the metropolitan area.
. In developing and providing incentives for implementing its
regional objectives, the Metropolitan Council should consider
and give credit for a city's experience in implementing its
comprehensive plan and the Metropolitan Council's Regional
Blueprint.
Local Plan Implementation (IV-F)
Local governments are responsible for zoning. These zoning
decisions should not be conditioned upon approvals by the
Metropolitan Councilor other governmental agency. The AMM is
open to the use of alternative dispute resolution procedures prior to
judicial remedies.
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2000 Legislative Policies
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Metropolitan Agencies
Alternative dispute resolution could reduce costs and time for all
parties involved in the dispute. The AMM strongly opposes the
creation of an appeals board that could supersede city planning or
zoning decisions.
Metropolitan Council Focus on Planning (IV-G)
Long-range planning should continue to be the primary function of
the Metropolitan Council. In conducting long-range planning, the
Metropolitan Council should periodically update and revise the
vision for the region. As part of its long-range planning, the
Metropolitan Council should include analysis of trends, plans,
policies and programs that could impact or link the regional
growth centers in Greater Minnesota to the metropolitan area.
In addition to its long-range planning function, the Metropolitan
Council should maintain and expand its technical and research
services to cities. The services should assist cities in completing its
planning mandates but also in conducting special studies and
projects.
For cities to meet their planning mandates, the Metropolitan
Council must ensure that its planning, data collection and
dissemination functions are fulfilled in a timely manner and are
consistent with its statutory obligations.
Budget Process & Work Program Evaluation (IV-H)
The Metropolitan Council's annual budget should present revenue
and expenditure budgets by the services provided. Mandated and
non-discretionary projects should be identified along with their
funding sources. Previous year's history should also be provided.
The annual budget should maintain linkages between expenses and
revenues. In addition, the funds or reserve funds raised for a
particular service should not be used or commingled with the
funds raised for any other service or activity.
The Metropolitan Council's work program should meet four tests:
. The issue or problem identified is important to the region's
well-being.
2000 Legislative Policies
23
Metropolitan Agencies
. Metropolitan Council intervention or activity will produce a
positive result.
.
. The Metropolitan Council's action does not duplicate or serve as
a substitute for a state level program or effort or what should be
a state level activity.
. The Metropolitan Council is the most appropriate agency to
intervene or perform the activity.
Criteria for Extension of Metropolitan Governance Authority (IV-I)
The legislature, if granting the metropolitan governance structure
additional responsibility or authority, should be specific in the
grant. New or expanded authority should be considered only when
one or more of the following exist:
. The service, function or activity has been shown to be needed
and it can be demonstrated that it cannot or is not being
effectively or efficiently provided through existing general
purpose units of government.
.
. The service, function or activity is not an appropriate state level
or local government level activity or function.
. Regional intervention is needed for protection of the region's
investment in an existing metropolitan system.
Restructuring of Metropolitan Agencies (IV-J)
The Sports Facilities Commission and the Metropolitan Airports
Commission (MAC) are currently metropolitan commissions. The
legislature should make the sports facility commission a local
commission if the back-up tax is limited to one city or is expanded
to additional cities. If the tax is extended to other cities, the
commission should be restructured to have membership from those
cities.
The legislature should clarify the status of the MAC so that it
becomes either a metropolitan or state directed agency. The
determining factor in the agency decision is the nature of the
commission's back-up tax. If the tax will be a metropolitan area tax,
its membership should come from the metropolitan area. If the
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24
2000 Legislative Policies
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Metropolitan Agencies
back-up tax is statewide, then the MAC should have statewide
representation.
In selecting membership on the MAC board, the governor should
give primary consideration for representation from communities
impacted by the operations of the MAC airports.
Metropolitan Council: Method to Select Members (IV-K)
The legislature has debated proposals to amend the process to
select Metropolitan Council members. Proposals to elect the
members directly or to elect county commissioners as Metropolitan
Council members have been discussed but not enacted into law.
The AMM has studied the governance issue and has released a
separate "Metropolitan Governance Report" (October 1998).
The report notes that there is no regional crisis that requires a
governance change, but did recommend that Metropolitan Council
members serve fixed, staggered terms. The AMM further
recommends that no changes be made to the Metropolitan Council
unless a governance proposal meets a set of criteria.
The intent of the criteria is to fashion a regional governance
structure that has a distinct mission, but does not establish a
political subdivision with local government powers or one that is a
state agency. The Metropolitan Council should have a distinct
mission of long-range planning and operation of legislatively-
authorized regional services. The criteria include:
Terms of Office
Members should serve fixed, staggered terms.
Metropolitan Council Powers
The Metropolitan Council should continue to be a long-range,
planning agency and potentially an operator or oversight agency
for regional services. As such, the Metropolitan Council must
maintain planning, coordinating and local assistance as a high
priority .
2000 Legislative Policies
25
Metropolitan Agencies
Additional Powers
.
New powers must not expand or override city responsibilities,
especially land use regulation authority. The Metropolitan Council
must not become an agency with general local government powers.
State Role
The legislature should focus on broad oversight of the Metropolitan
Council's mission and services.
Local Government
Local elected officials must be involved in the selection process of
Metropolitan Council members and there must be a mechanism to
facilitate meaningful dialogue and input between the Metropolitan
Council and cities.
Collar Counties
The metropolitan region clearly includes the seven designated
counties and the adjacent eleven Minnesota counties, as well as
three Wisconsin counties. The needs of the entire metropolitan
region beyond the current seven county region must be addressed.
.
Metropolitan Council Members
The selection process must strive to appoint Metropolitan Council
members who have an understanding of and will be responsive to
the district represented, as well as be responsive to the best
interests of the region. The selection process should limit the
potential influence and support (including financial) of special
interests.
Parks & Open Space: Operation & Maintenance Capital Funding (IV-L)
The governor and the legislature should continue to appropriate
funding for the operation and maintenance of regional parks. The
level of funding should be equal to the statutory goal of 40 percent
of the total budget. Regional parks essentially serve the role of state
parks in the metropolitan area and the acquisition, development
and improvement of the parks should continue to be funded, in
part, with state resources.
.
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2000 Legislative Policies
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Metropolitan Agencies
Surface & Groundwater Water Management (IV-M)
If legislation is considered for surface water management, it should
be based on the following principles:
. The legislature should provide full funding if it mandates
additional water management planning or implementing
activities by local units of government.
. Local units of government should continue to be responsible for
the organization and operation of surface and groundwater
management, since they are the closest to the problem.
Therefore, legislation enacted in 1999 limiting representation on
boards of Water Management Organizations (WMOs) should be
repealed.
. New state requirements should not add to local costs and
duplicate reviews/approvals should be reduced or eliminated.
The AMM would support the following initiatives/ action:
. A state grant program similar to those currently administered
by the Board of Water and Soil Resources (BOWSR) should be
established to assist WMOs in the metropolitan area to
implement their plans.
. The legislature should clarify that the joint power WMOs can,
with the approval of its participating governments, separately
levy a tax for its programs.
. A thorough assessment of the BOWSR structure and authorities
to ascertain if it should continue to be the approval and
oversight agency for surface water management planning and
activities in the metropolitan area.
. A thorough assessment of the metropolitan area surface water
management planning and permitting process with the
objective of developing improvements in conflict resolution,
better coordination between state and local agencies, and
streamlining the project permit approvals process.
. Compliance by local units of government located outside of the
metropolitan area with the same standards and requirements
2000 Legislative Policies
27
Metropolitan Agencies
for surface water management as those imposed on local units
within the metropolitan area.
.
. A technical evaluation of the impact of 2:1 wetland replacement
in the urbanized area on the goal of greater urban densities as
stated in the Metropolitan Council's Regional Blueprint.
Water Supply (IV-N)
Additional legislation pertaining to local or regional water supply
planning is not warranted. If legislation, however, is proposed it
should be based on the following principles:
. Local units should retain the basic responsibility for water
supply planning and management as in current law.
. The state should fund additional mandates.
. Potable water should not be designated a regional system.
Regional Wastewater (Sewer) Treatment System (IV-O)
The regional wastewater treatment system has improved the water
quality of the region's major river and lakes. The system should not
be permitted to break up or to diminish its effectiveness. Since all
users benefit equally, the regional user rates should be uniform by
type of user.
.
Waste Stream Management (IV-P)
The legislature should enact legislation which will:
. Establish goals to reduce, recycle and reuse packaging materials
and establish fees, taxes or deposits to encourage
accomplishment of the goals. The revenues would be waived
when the goals are met. Available revenues would be used to
promote or enhance local programs to achieve the goals.
. Continue the Office of Environmental Assistance (OEA) as an
agency that primarily assists local governments to manage
waste effectively.
.
28
2000 Legislative Policies
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Metropolitan Agencies
. Continue the role of cities in waste stream management unless a
state or metropolitan system is established to achieve the same
goal.
. Distribute all proceeds from any funding system for solid waste
management activities and require distribution of funds to all
entities involved in the system.
. Provide that host communities for solid waste facilities will not
have a financial liability for costs associated with operating and
monitoring the facility. Such costs should be borne by the
operator and in the absence of regulations should be assumed
by the state.
. Maintain, at a minimum, the current compensation level
permitted through surcharge fees and increase the level as well
as making the compensation available to all types of solid waste
facilities.
. Define municipal solid waste not to be a hazardous substance.
The definition would enhance the ability of local governments.
2000 Legislative Policies
29
Metropolitan Agencies
30
2000 Legislative Policies
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Transportation (V)
Transportation Funding (V -A)
The AMM strongly supports increased funding for transit and
highways, both of which are a critical need in the metropolitan
area. In addition, funding for mass transit including transit ways,
light rail or heavy rail in existing corridors should be dedicated in a
manner consistent with current highway funding. Funds allocated
to the metropolitan area should be flexible so that the most efficient
and cost effective transportation solution may be chosen and the
main metropolitan problem (congestion relief) can be addressed.
The AMM opposes any reduction to the sources of current
constitutionally dedicated transportation funds including auto
license tab fees, unless equivalent replacement funding is also
constitutionally dedicated to the current or a new multimodal
transportation fund.
If an alternative to the transit property tax in the metropolitan area
is adopted, current opt-out transit systems should continue to be
funded at comparable levels.
Regional Transit System (V-B)
In order to reduce congestion and automobile dependency the
Regional Transit System should be a combination of integrated
traffic management systems which include use of HOV lanes,
express buses, exclusiv~ transit ways, light rail transit, and
commuter rail corridors built to connect residents to job, retail and
commercial centers, plus a variety of other transit modes, including
taxi, bus, pedestrian and bicycle.
The AMM supports an increase in Metropolitan Transit ,Funding of
at least $3.7 million for the current biennium so that the present
system can be maintained.
2000 Legislative Policies
31
Transportation
Park-and-ride facilities for mass transit modes adequate to connect
the regional centers, major trip generators and communities, both
urban and suburban, should have integrated feeder systems to
accommodate local buses, automobiles, van pools, bicycles, as well
as walking facilities.
.
The Metropolitan Council should work with local units of
government to encourage appropriate land use controls along
designated transit corridors to promote transit ridership.
Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (V-C)
The AMM requests legislative action authorizing utilization of
motion imaging recording system technology for governmental
units, including cities, on streets and highways to assist promotion
of safety and traffic law compliance enforcement. The technology
has been proven and is currently used for law enforcement by
numerous states, municipalities and other countries. The state
should consider a pilot project on municipal streets in the
metropolitan area.
Transportation Utility (V-D)
The AM1vf requests the legislature to authorize cities to establish a
transportation utility for street maintenance and reconstruction of
aging infrastructure, similar to the existing storm water utility, so
that costs of improved facilities can be more fairly charged to the
users rather than the general population as a whole.
.
Highway Turnbacks & Funding (V-E)
The AMM supports jurisdictional reassignment or tumback of
roads on a phased basis using functional classification and other
appropriate criteria subject to a corresponding mechanism for
adequate funding of roadway improvements and continuing
maintenance.
Cities do not currently have the financial capacity other than
significant property tax increase to absorb the additional roadway
responsibilities without new funding sources. The existing
municipal tumback fund is not adequate based on contemplated
turnbacks.
.
32
2000 Legislative Policies
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.
.
Transportation
'3C' Transportation Planning Process: Elected Officials Role (V-F)
The AMM supports continuation of the Transportation Advisory
Board (TAB), a majority of local elected officials membership on the
TAB itself and the TAB process, which was developed to meet
federal requirements for designation of the Metropolitan Council as
the Metropolitan Planning Organization that is responsible for the
continuous, comprehensive and cooperative (3C) transportation
planning process to allocate federal funds among metropolitan area
projects. This process requirement was reinforced by the 1991
Intermodal Surface Transportation Efficiency Act (ISTEA) and the
1998 Transportation Efficiency Act for the 21st Century (TEA21).
Airport Noise Mitigation (V-G)
In 1996, the Metropolitan Airports Commission (MAC) was
charged with developing a mitigation package for legislative
consideration in 1997, but the package was never developed. Costs
associated with all types of noise mitigation should be borne by the
airport (MAC) and the state since the airport is conside~:ed a
statewide facility and provides tremendous economic benefit to the
region. That benefit does not come without responsibility to those
adversely impacted. The airport and state should seek additional
funding mechanisms on a yearly basis. Funding may include, but is
not limited to, those funds recommended by the 1999-2000
Governor's Community Stability Funding Task Force.
Equitable noise mitigation programs need to be developed to
address the increased traffic and noise due to the expansion of the
MSP International Airport. Impacts, including environmental and
low frequency noise, must be identified at all MAC airports and
applicable mitigation measures implemented by MAC. By 2003, the
year the new North/South runway will be operational, the
Enviromnental Quality Board should establish guidelines for
airport noise (including low frequency) in consultation with the
MAC, Metropolitan Council, MSP Noise Mitigation Committee and
affected cities. Noise mitigation programs should not only be
implemented as soon as possible to the 60 DNL-as enacted by the
legislature in 1996, but extended as far as the 55 DNL.
2000 Legislative Policies
33
Transportation
34
2000 Legislative Policies
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'it
Committee Rosters (VI)
Housing & Economic Development
Craig Waldron (Chair), Administrator, Oakdale
Janis Callison, Councilmember, Minnetonka
Dave Callister, Oerk-Administrator, Osseo
Mike Campbell, IGR Director, St. Paul
Tom Goodwin, Councilmember, Apple Valley
Regina Harris, BRA Director, Bloomington
Andrea Hart Kajer, IGR Director, Minneapolis
Brian Herron, Councilmember, Minneapolis
Nancy Mancino, Mayor, Chanhassen
Lonni McCauley, Mayor, Coon Rapids
Joan Molenaar, Councilmember, Champlin
Ron Rankin, Community Development Director, Minnetonka
Don Rye, Planning Director, Prior Lake
Char Samuelson, Councilmember, New Brighton
Mark Sather, Manager, White Bear Lake
Betty Sindt, Councilmember, Lakeville
Kathy Thurber, Councilmember, Minneapolis
Jerry Turnquist, Councilmember, Oak Park Heights
Liz Workman, Councilmember, Burnsville
2000 Legislative Policies
35
Committee Rosters
Metropolitan Agencies
Sandra Krebsbach (Chair), Counci1member, Mendota Heights
Mary Anderson, Mayor, Golden Valley
Bill Barnhart, Government Relations Representative, Minneapolis
Kevin Batchelder, Administrator, Mendota Heights
Cathy Busho, Mayor, Rosemount
Joan Campbell, Counci1member, Minneapolis
W. Peter Enck, Mayor, New Hope
Matt Fulton, Manager, New Brighton
Ken Hartung, Administrator, Bayport
Susan Hoyt, Administrator, Falcon Heights
Anne Hurlburt, Director of Community Development, Plymouth
Marvin Johnson, Mayor, Independence
Jane Kansier, Planning Coordinator, Prior Lake
Larry Lee, Director of Community Development, Bloomington
Tom Link, Director of Development & Prot. Serv., Inver Grove Heights
Paul Malone, Councilmember, Arden Hills
Lynn Moratzka, Councilmember, Hastings
Mark Nagel, Manager, Anoka
Dave Schaaf, Mayor, Oak Park Heights
Terry Schneider, Councilmember, Minnetonka
Charlotte Shover, Councilmember, Burnsville
Russ Susag, Councilmember, Richfield
Chuck Whiting, Administrator, Mounds View
Donn Wiski, Councilmember, Roseville
.
.
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36
2000 Legislative Policies
.
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Committee Rosters
Municipal Revenue & Taxation
Frank Boyles (Chair), Manager, Prior Lake
Karen Anderson, Mayor, Minnetonka
Leslie Anderson, Director of Finance, Burnsville
Larry Bakken, Councilmember, Golden Valley
Curt Boganey, Manager, Brooklyn Park
Edward Burrell, Treasurer & Finance Director, Roseville
Thomas Burt, Administrator, Rosemount
Dave Childs, Manager, Minnetonka
Tom Cran, Budget Analysis, St. Paul
Dan Faust, Finance Director, Maplewood
John Gretz, Administrator Apple Valley
Terri Heaton, Orief Finance Officer, Bloomington
Jon Hohenstein, Administrator, Mahtomedi
James Keinath, Administrator, Circle Pines
Nancy Mancino, Mayor, Chanhassen
Peter Meintsma, Mayor, Crystal
Tom Melena, Administrator, Oak Park Heights
John Moir, Finance Officer, Minneapolis
Mike Mornson, Manager, St. Anthony
Jim Norman, Administrator, Ramsey
Steve O'Malley, Deputy City Manager, Burnsville
Ryan Schroeder, Administrator, Cottage Grove
Jerry Splinter, Manager, Coon Rapids
Deb Sturdevant, Councilmember, Champlin
Kathy Thurber, Counci1member, Minneapolis
Gene Van Overbeke, Finance Director, Eagan
2000 legislative Policies
37
Committee Rosters
John Wallin, Finance Director, Edina
John Weaver, CounciImember, Anoka
Jim. \Villis, Administrator, Inver Grove Heights
Transportation & General Government
Veid Muiznieks (Chair), CounciImember, St. Paul Park
Dick Allendorf, Counci1member, Minnetonka
Gene Anderson, CounciImem.ber, St. Paul Park
Bill Barnhart, Government Relations Representative, Minneapolis
Lyle Berg, Engineer Traffic & Transportation, Bloomington
Scott Botcher, Manager, Chanhassen
Bob Bruton, CounciImember, North St. Paul
Mike Campbell, IGR Director, St. Paul
Charlie Crichton, CounciImember, Burnsville
Dan Donahue, Manager, New Hope
Jerry Dulgar, Manager, Crystal
Wayne Houle, Assistant Engineer, Edina
Barbara Johnson, CounciImember, Minneapolis
Steve Larson, Councilmember, New Brighton
Charles Lenthe, Director of Public Works, Blaine
Jan LeSuer, Councilmember, Golden Valley
Sandra Masin, Councilmember, Eagan
Mark McNeill, Administrator, Shakopee
Dore Mead, Councilmember, Minneapolis
Jerry Newton, Councilmember, Coon Rapids
Dave Schaaf, Mayor, Oak Park Heights
Ceil Smith, Assistant to City Manager, Edina
James Smith, Councilmember, Independence
.
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38
2000 Legislative Policies
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Committee Rosters
John Weaver, CounciImember, Anoka
Dawn Weitzel, Community j5pecial Project Assistant, Richfield
Dorm Wiski, CounciImember, Roseville
Bret Woodson, Assistant City Manager, Prior Lake
Duan Zaun, Mayor, Lakeville
2000 Legislative Policies
39
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October ::. 1999
TO:
Managers and Clerks (Please distribute a copy of these materials tel orher
interested persons in your city) .
n. /'1: ":i. J
James F. Miller 'H ~- I ..l_''''
E . D' I
xecu{Jve rrector
FRO~I:
RE:
1999 Policy Adoption Conference
Enclosed is a copy of the LMC Proposed 2000 City Policies as adopted by the League's Board
of Directors. These policies address significant city issues including property tax reform. local
government aid. annexation. tax increment financing. and transportation funding.
The League membership will vote on these policies as pan of the Policy Adoption Conference on
Friday. i'lovember 19. 1999. at the Radisson Hotel South. 7800 Normandale Boulevard.
Bloomington (see map on back).
The 2000 legislative session will be an active year for cities. In fact. the legislature will spend
considerable time and effort on manv issues that will undoubtedly affect how YOU lZovem and
. .. ..
manage your cities. To ensure that the League's policies and legislative activities represent your
city's interests. please plan to attend the Policy Adoption Conference on November 19.
The accompanying ballot should be filled out and returned to Mary Diedrich by Monday.
November 15. regardless of whether you will be attending the conference. The results will be
tabulated and shared with those present on November 19 to help facilitate discussion.
Please register as early as possible in order for League staff to plan properly for the meeting.. We
look forward to seeing all of you on l'iovember 19th.
- OVER -
L:lgr documents \99polenc.mem.doc
.
Radisson.
HOTEL SOUTH & PLAZA TOWER
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.
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BLOOMINGTON
Directions: From 1-494 take Highway 100 North,
exit at Industrial Boulevard/77th Street and go west
two blocks.
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LEAGUE OF MINNSOTA CmES
1999
Policy Adoption Conference
NOVEMBER 19, 1999
RADISSON HOTEL SOUTH, BLOOMINGTON
Hear, learn, discuss, take home, and vote on important policies that will set
the course for the cities' legislative efforts.
Join your city coUeagues, League st:UJ; legislators and other policy-makers for an important
discussion of key legislative concerns for dties during the upcoming legislative session.
Tentative Agenda
8:00 Registration and Refreshments
8.30 Welcome from L\1:C President Susan Hoyt and Executive Director Jim Miller
8:45 Reform of Joint and Several Liability
Steve Sviggum, Speaker of the House, inr.ited
Jack Hennen, L\fCIT Defense Attorncy
9:45 Break
10:00 Electric U rllity Industry Deregulation
Stcve Minn, CommIssioner of Commerce
10:45 The Future of Ventura Administration Property Tax Reform
Matt Smith, Commissioner of Revenue, intittd
11.30 Potpourri of Legislative Issues-IGRSrafi'
11:45 Lunch
12.45 Cities in Minnesota's Changing Political Climate:
A Moderated Discussion with Wy Spano and Sarah Janecek
Kevin Feazell, Moderator, League of Minnesota Cities
1:45 Policy Adoption
2.30 Adjourn
To register, call the LMC fax library at (651)- 215-4039 and request document #61020.
For more information, contact Cathy Dovidio at (651) 281-1250.
.
City:
LMC 1999 POUCy ADOPTION CONFERE.1\lCE -- NOVEMBER 19
RADISSON HOTEL SOUTH. BLOOMINGTON
REGISTRA nON FoR.'"
Contact Person:
Please register:
Name:
Title:
Address:
City/State/Zip:
Advance Registration Deadllne:November 12.1999
Make Checks Payable To:
League of Minnesota Cities PA. 145 UmversIty Ave~ue West. St. Paul. MN 55103-2044
Registration/Cancellation Policy:
Advance ReglStratlon is $55. through Friday. November 12
Registratlon After November 12th. is S60.00
Faxed registrations will be billed for payment based on date received
Cancellations/Refunds:
Refunds for cancelled registrations will be made only if thIS office is noufied in wntlng by 5:00 p.m.. Tuesday. November 16.
.10 bondUng fee will be w;dilie!d_ No ",,",,,,,,.;II be made _ NOvembe< 16_
LMC 1999 POUCy ADOPTION CONFERENCE -- NOVEMBER 19
RADISSON HOTEL SOUTH. BLOOMINGTON
HOUSING FORM
Name:
Representing:
Address:
City /State/Zip:
Please specify:
S99 + tax smgle/double Cut-ofT date is October 29.
Check In Time: 3:00 p.m.
Check Out Time: 12:00 p.m.
I wlll arnve after 6 00 p m. Please guarantee the reservation with:
~dl[ Card Number and Expiration Date
Wone: L-J
Mail to:
Reservatlons
Radisson Hotel South & Plaza Tower
7800 Nonnandale Blvd
MinneapolIS MN 55439-3415
Momh/Day/Year
Arnval
Arrival Time
Month/Day/Year
Departure
Phone:
612/835-7800 or Toll Free at 800/333-3333
Feel free to duplicate this form for multiple regIstrations
.
.
LMC
l45 l'niversity Avenue: West. St. Paul, ~1:\' 55103-2044
phone: (651) 281-1200 · ($Om 925-1122
Fax: (051) 281-11(N · TDD (6511281-12QO
\X'eb Site: ,,~~..lmnc.()r!.i
Ltla!'utl ,,/ Mmnll.ota Cit,Ils
C,titlS pmmot,~!, Il:Jtt:tlllllnt:tl
l\tIEETL"lG RL"LES
LEAGUE OF MINNESOTA CITIES
POLICY ADOPTION CO~nRENCE
1. Registration
Registration shall remain open from the beginning of the conference until completion of policy
adoption.
2. Voting Privileges
The vote on any legislative matter shall be by acclamation of the delegates; except at any time before
the result of the vote is announced, the presider may, and shall, if requested to do so by at least two
delegates, submit the question under consideration to a vote by member. If this should occur, each
member municipality represented shall have one vote. Each current LMC member city shall
designate one official as delegate (and may select another city official as an alternate) for voting
purposes. Possession of the voting card of the city and the signed voting card register shall be
evidence that the holder of the voting card is the city's voting delegate.
3. Committee Reports
The chair or vice chair of each committee shall present the committee report.
Following the presentation of each committee report, the presider shall ask whether any delegate
wishes to have a policy removed for individual consideration or whether a delegate wishes to
propose a new policy on a subject not included in the proposed policies. The chair of the policy
committee shall then move adoption of those policy statements not otherwise removed for individual
consideration.
Once the policy statements have been approved, the meeting chair shall bring up for discussion new
policy statements or policy statements that were removed for individual consideration. Each of the
respective policy statements shall be considered and acted upon separately. A policy statement on a
subject not included in the policies submitted and recommended by the policy committees must be
first approved for consideration by the delegates. The text of nonprocedural amendments and new
policies must be submitted in writing to the presider at least three hours prior to the scheduled
beginning of the policy adoption portion of the conference.
After each individual policy has been considered and debated, the policy chair or a delegate shall
move adoption of the policy or an amendment to the policy.
--OVER--
AlIo I;QUAL OPPORTUNITY/AFFIRMATIVl: ACTIO~ E"'PLOYER
4. Approval Requirements
A) Amendments to proposed policy statements require a favorable majonty vote of the
delegates voting on the motion.
B) A motIon to add a policy statement on a subject not initiated by a policy committee must
first be approved for conSideration by a favorable majority vote of the delegates voting on
the motion.
C) Final passage of any policy or amended policy requires a favorable vote of two-thirds of the
delegates voting on the policy.
5. Disputes
Disputes regarding eligibility to vote shall be referred to the LMC General Counsel and may be
appealed to the conference. Appeals from decisions of the General Counsel shall be a special order
of business and may be taken up at any time a new question (main motion) is in order.
6. Limits on Debate
Each speaker should limit comments on any debatable question to three minutes. The chair may,
however. further limit the debate by each speaker in order to consider an issue if numerous
delegates request to be heard on the issue.
7. Parliamentary Procedure
The policy adoption process shall be governed by the LMC Constitution, these rules, and
Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and
Roberts Rules of Order.
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..PLEASE PUT A CHECK MARK BY YOUR TOPFIVE-CS) l\IAIN P~9~S.!~', :,L.i -. - ::~"'.:~ '. :', .:~,;<:::[..:~~
CSEEF~,:-n;X!_OF~<?L~~INTHEPR~P~~~J?~OOO~ITY~p~It~.1.'~C~) /.: ';~, _ -,:),;,,:.'::-~:i~(f~l~~
.. ~~:_ : :_~~~y~~-=:~::-:~ ~---:~~--~~~:;~":... _~1~~}~~f;~?_;:S~1~~~~t
_vingFiscalFutures .' - -.. _.' S0-9.Desi2Jl-Buiid '.;':i:;',:"f.': '-.' ;-:: ;':::::~'~j\;:;;' "
_FF-l. State-Local FisciI Rel~tio~ '. SO-I0. Pro~ding Ini~rmation to Citiz~n~- .;: _ :": '.~\);'t~j. J-:-
t . "'A<l~.-:J,:.<'r",.
_FF-2. State Shared Revenues _SO-II. Creating a Minnesota GIS Program - - ..--:- .~:5:~*~;:;f~
_FF-3. Taxation of Municipal Bond Interest _SO-I2. State Regulation of Massage Therapists' ~- :.,>~:j~i:~ ':.;.'
_FF-4. City Fiscal Year _SO-I3. Private Propeny Rights and Takings '- ~>_::i"~~{-~
_FF-5. Sales Tax on Local Government Purchases _SO-I4. Construction Codes ~;, .,.:-.;'.,::';*:b~f-~
_FF-6. Payments for Services to Tax- Exempt Propeny _SO-IS. Fees for Service. - ~ . ''-:'~~~~~
_FF-7. Truth-in- Taxation SO-I6. Board of Firefi!!hter Trainin!! -: -. -..-,Y~;~.'r~ -
_ _.... ~ .-...__4:"'.r
_FF-8. State Administrative Deductions from State Aid SD-17. Witness Fees . - ::- :'...:'.-:.::"
- - ~ "':.- -~~
_FF-9. Reponing Requirements _SO-I8. State Appropriation for Government Training :~'-. :---i':-",
_FF-lO. Federal Budget Cutbacks Service (GTS) ': . " ~ '..::::::.;.: ;-,
_FF-ll. Price of Government _SD-19. Year 2000 Issues . '. ~:' :'~":5; ~
_FF-12. Capital Improvement Fees _S0-20. New Public Safety Spectrum Needs' .;- .../.;:'. '.,f. :/~, ~
_FF-13. Defe~ed ~ssessmen~ for R~ads _SD:21. Joint;~'Sev~~~!-!~bil.i~ ~ef?~ ..~?r:-,::\;::~~_i:!..!:i.ri)
_FF-14. TaxatIon of ElectroDlc Commerce :---2...SD-22. OffiCial Newspaper DeSignatIon ~ : > "'. r."-I':...:';'~k>.<
_FF-15. Local Option Sales TaXes '_ '. _;' . . . _S0-23'. Competitive-Bid ThreShold '~::?"~-:..~"':;i:- --7::~~:~;:-::;'~':~:~
~ ~~ . '; _ . ...._ __, ...... _ .. .. _~ _ _ .. .. _ .. ~.~ . --::.. ." _ _ -, - ~;:- 1"". t'~~.;r.:.
_FF-16. Limited Market Value '...~. - ,'. -'. SD-24. Membershipin"Watershed Mana2ement Organizations
_FF-17. State Charges for Adnii~isUatl~e SeiVlces SD:25: LegaIiZitiori{of Faew()rks. ~~{:...i ::_': . .. , . : ::-::, ~{t.~~~~T..~ :':.:
. . .' _SD-26. EleCtion judge'Appointme~t - - - :.._' :":.;~~-;:~:":'".:::': '.
Improving Local Economies . _s~2i EieCiioD"~udge Compensation __ - -', :.~~~::-~; ';~'f~ ~
_LE-l. Tax Increment.Financing _S0-28. C;:ouIiting~!ii~-i~ Yo~e~~ ::, _.. -c' ,: - :.:>-.::~:.;~~.~,:~'f~:
_LE-2. TIFReform' :. -: _SD-29. Telecommunication ResIrUcwrina ",' ~'; .: . ,,' =::'';."~,-;;
~ .. .. _ ~ ,... ~ ~~. ~ _ ~ _ C' _ . T ~.. _ :... as?.. ..~f....
_LE-3. Impacs ofPropeny Tn Reform on Existing Districts _S0-30. 911 Fundmg. .~< -r:-;!'~ .~.: ~ ,', ;:~.::;: . .,'- :-' '::,:::.~.;,'_,i-!'"
_LE-4. Business Subsidies' :;:.'. : '. . ':.' ';:', .:.... -::'2 ::.;: /':j:::;=:--:'<: :..-,::.;. : "~'-:~>f.~ .:~-~:;~-~{
_LE-5. Economic: De:velopment Programs Personnel, Pensious, Labor ReJations'& Data Practices ::;,~.-:;.
--6. Redevelopment Prograins"" ". . Personnel, Pensions &; LaboiRelations~' .;/~.:- - -= /.:'~~:::<~~'
7 P rtyT Ab A th ' 'PP-l. Veterans'Preference'-:" -;.:-.:>.,-':: ;--<,;-.,-.:'..~:<:. ,
~8:B:~r:nfielda;'- ~~~~,~t. ~_.onty.,. " .__ .' ,"-PP-2.:DiscipJineandDischa;.ge :->-;_:,.-- ~'~,,,! ;~~::~~:':',~1-.:,'
_LE::9.9SARespo~seTi~el~n~ ::::; . ',_:.' ..-:, .~.; ',," :,:..:-PP-3"CompensationtimitS'.!;;~,.-~~. ~....-','. ;.7:ti~'t.-~::::~'..,~1:.
_LE-IO. OSA Time LimitationS .~: ',,_ ': : -. .~ '. ,:.~PP.4::.'pELRA.'~ ~i{:~::'i~~':: '~"~~ ~.~- -' .r j~~ ;:.:1~1it~'~i-%j::~~:
_LE~ll. GroWth Maiiagem~iitand'Annexation ., -..-.. PP-5. 'Essential Employees~ -::.-:: ~ :,-', . -~: ,~.:.:- :;-"",:-.,.;t".':.".;~~::
_LE-12. State andlor- ~ounty Licensed Residential Facilities PP-6. Pensions :' ;~ :. ' - - , , :~ ~. ~ '-. ~ ': '.;~ .
_LE-13. Housing and Economic Vitality _PP-7. 'Age Certificates I I~9 Forms . -'. '. --:L '.
_LE-14. Housing Preservation _PP-8. Employer Reference Immunity .,"
_LE-15. City Role in Telecommunications _PP-9. State Paid Police and Fire Medical Insurance .-
_LE-16. Adequate Funding for Transportation -_PP-IO. Breathalyzers'. -' .
_LE-17. State Aid for Urban Road Systems _PP-ll. Preservation of Local Decision-MaJdng Authority on '
_LE-18. Turnbacks of County and State Roads Employment Related Issues . , -. .
_LE-19. Road Funding for Cities Under 5,000 _PP-12. Drug and Alcohol Rehabilitation
_LE-20. Railroad-Related Projects Data Practices. . . ,
_LE-21.AccessManagemeilt&PlatApproval _DP-l. PublicAccesstoInformation--. - :.-:. "'- ..-: ,<.,:':
_LE-22. Right-of-Way Management . _DP-2. State Model Policies and Training .' ~ ' :--. - -,
_LE-23. Effective Telecommunications Competition _DP-3. Tennessen Warning . .- - ;' :~'~'., --'.
_LE-24. Local Zoning of Telecommunications Facilities _DP-4. Governement Data Practices Act Recodification- arid : .
_LE-25 Workforce Readiness Conformance. . .- -., . ,'~:7.;:' ..f::~' ~.
_LE-26. Platting Law Recodification _DP-5. Alternative Dispute Res~lution for ViolationS ~f - ;~:';' --:
_LE-27. Economic Development Authorities Government Data Practices Act ~ . '... - .' u:..~. -....
_LE-28. Infrastructure Funding Options _DP-6. GDPA Compliance in Contracting :'" . :~~....:
_DP-7. Acquisition of Electronic Surveillance Devices. '. .~~ .~.
Federal Employment Law . -:,- . :.':: ::-i-:.':;
_FED-I. FLSAlOvertime Compensation ..::' ,
_FED-2. Peace-Officer Bill of Rights . '
_FED-3. Portability of Deferred Compensation
_roving Service Delivery
-1. Redesigning and Reinventing Government
-2. Unfunded Mandates
_SO-3. Civil Liability of Local Governments
_SO-4.-Environmental Protection
_SD-5. Election Isses
_SO-6. Local Election Authority
_SD-7. City Costs for Enforcing State and Local Laws
_SO-8. Access to Information Technology and Services
_Electric Deregulation
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Use this space to make any comments or changes to the proposed policies.'~::-:~::::~'~:-;~~~~~'2
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Use this-space to suggest and briefly comment on additional policy issues.you'-w~hit~~}f.~~
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for legislative and
administrative action
League of Minnesota Cities
145 University Avenue West
St. Paul. MN 55103-2044
(651) 281-1200
(800) 925-1122
Fax (651) 281-1299
www.Imnc.org
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@ 1999 Leagu~ ~f Minnesota Cities Research Foundation
. -' - All rights r;served -'-.-
Printed in the United States of America
LMC
'.-gu" n/ M",-* Cil.
Cilia prorno6rtg ,,-JI.,,"
League of Minnesota Cities
145 University Avenue West
St. Paul, MN 55103-2044
(651) 281.1200
(800) 925-1122
Fax (651) 281-1299
TDD (651) 281-1290
www.lmnc.org
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LMC
145 Vniversity Avenue West, St. Paul, .M.L~ 55103-2044
phone: (651) 281-1200 · (800) 925-1122
Fa.'{: (651) 281-1299 · TDD (651) 281-1290
Web Site: http://www.lrnnc.org
L.gu. of lt4.inn.sot" Citi".
Citi.s pro,noting ~"n&tl
October 22, 1999
Dear League Members:
I am pleased to submit the accompanying draft 2000 Legislative Policies for your consideration.
These policies were developed by more than 200 city officials serving on the League's policy
committees and their respective policy task forces.
For those of you who served on a task force or policy committee, I would like to thank you for
your time and efforts. The hard work and input of city officials is the necessary foundation for
developing and implementing a successful legislative agenda for the League of Minnesota Cities
and its members.
For those who could not participate in the policy committee process, your input in the League's
policy development process is still crucial. The League needs your review of the attached draft
2000 Legislative Policies and the proposed resolutions. Please plan to attend the Ll\-IC Policy
Adoption Conference on November 19 at the Radisson Hotel South, Bloomington. If you cannot
attend the conference and have concerns or suggestions, please contact any member of the
Intergovernmental Relations staff at the League.
On behalf of the Board of Directors and League staff, please accept my sincere thanks for your
contribution to this most important process.
Sincerely,
Susan Hoyt
League President
Administrator, City of Falcon Heights
L:igr documents/2000 PAC PreSident's letter
__ ______.. _____.. & ..--."......."........ .... ,..,~Tr"'\.'1ll..T T":',-XnT r-"\"'-T1::''D
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CONTENTS
Letter from the League President
General Policy Statement .............. ................... ...... ................ ..... ...... ...... .............. ...... ......... iv
I...eague Staff . ......................... .................... ........ ....... ............................. ........ ..... ..... ............ v
I...egislative Policy Conunittee Members .............................................................................. VI
Policy Development Process.. ................. ........ ........... ........ ............ ............ ...... ........ ............ ix
Statement of Intent ......................... .......... ......... ..... .... .............................. ...... ...................... x
2000 CITY POLICIES
Advisory Committee on Improving Community Life Policy Guideline .... 1
Imp roving Fiscal Futures...... ......................... ...... ....... ........................:................ 3
FF-l.
FF-2.
FF-3.
FF-4.
FF-5.
FF-6.
FF-7.
FF-8.
FF-9.
FF-I0.
FF-l1.
FF-12.
FF-13.
FF-14.
FF-15.
FF-16.
FF-17.
S tate-Local Fiscal Relations............ ......... ..... ...... ................ .................. .......... ...... 3
S tate Shared Revenues ......................................................................................... 4
Taxation of Municipal Bond Interest ................................................................... 4
City Fiscal Year .................................................................................................... 4
Sales Tax on Local Government Purchases ......................................................... 5
Payments for Services to Tax-Exempt Property .................................................. 5
T ruth-in- Taxation .......... ........... ....... ........ ................. .... .... ...... ......... .... .... ........ ..... 5
State Administrative Deductions from State Aid ................................................. 5
Reporting Requirements................................ ........................................................ 6
Federal Budget Cutbacks.............................. ......................................................... 6
Price of Government ..... ...... ................ .... ....................... ............. ............ .............. 6
Capital Improvement Fees......... ....... .......... ..................................... ..... ................. 6
Deferred Assessments for Roads .......................................................................... 7
Taxation of Electronic Commerce ....................................................................... 7
Local Option Sales Tax ........................................................................................ 7
Limited Market Value ........................................................................................... 8
S tate Charges for Administrative Services ........................................................... 8
Improving Local Economies...... ............... ........................... .... ................ .... ........ 9
LE-l.
LE-2.
LE-3.
LE-4.
LE-5.
LE-6.
LE-7.
LE-8.
LE-9.
LE-lO.
LE-ll.
LE-12.
Tax Incement Financing ........................... ................................. ........................... 9
TIF' Reform ......... ......... .................... ........ ........ ....................... ..... ......................... 9
Impact of Property Tax Reform on Existing TlF Districts ................................... 10
Business Subsidies ........ ............ ................ ............... .................. .......................... 10
Economic Development Programs ....................................................................... 11
Redevelopment Programs ............. ........ .................... ......... ..... .... .......................... 11
Property Tax Abatement Authority....................................................................... 11
B rownfields ... ................ ................................ ..... ......... ...................... ................... 12
OS A Response Timelines......................... ....................... ............ .......................... 12
OS A Time Limitations... ........... ............. ................................ ............................... 13
Growth Management and Annexation ................................................................. 13
State and/or County Licensed Residential Facilities ............................................. 14
I
LE-13. Housing and Economic Viability .......................................................................... 15
LE-14. Housing Preservation ............................................................................................ 15
LE-15. City Role in Telecommunications ......................................................................... 16
LE-16. Adequate Funding for Transportation ................................................................... 16
LE-17. State Aid for Urban Road Systems........................................................................ 17
LE-18. Tumbacks of County and State Roads .................................................................. 17
LE-19. Road Funding for Cities Under 5,000................................................................... 17
LE- 20. Railroad-Related Projects ................................................... .................................. 18
LE-21. Access Management & Plat Approval .................................................................. 18
LE-22. Right of Way Management .................................................................................. 19
LE-23. Effective Telecommunications Competition......................................................... 19
LE-24. Local Zoning of Telecommunications Facilities ................................................... 19
LE- 25 . Workforce Readiness ............................................................................................ 20
LE- 26. Platting Law Recodification ....... ..................................................... .......... ............ 20
LE-27. Economic Development Authorities ..................................................................... 20
LE-28. Infrastructure Funding Options ............................................................................. 21
Improving Service Delivery ................................................................................. 21
SD-l.
SO-2.
SD-3.
SD-4.
SO-5.
SD-6.
SD-7.
SD-8.
SO-9.
SO-10.
SD-I1.
SD-12.
SO-13.
SD-14.
SD-15.
SD-16.
SO-17.
SO-18.
SD-19.
SD-20.
S 0-21.
SO-22.
SO-23.
SO-24.
SO-25.
SO-26.
SO-27.
SO-28.
SO-29.
Redesigning and Reinventing Government .......................................................... 21
Unfunded Mandates .... ....... ......... ............ ........ ................................ .......... ........... 22
Civil Liability of Local Governments .................................................................. 22
Environmental Protection .................... ..... .............. .......................... .................... 23
Election Issues . ......... ....................... ............ ........... ................. ..... .... ........ ............ 24
Local Election Authority ............................ ...... ......... ........ ........ ...... ...................... 24
City Costs for Enforcing State and Local Laws ................................................... 25
Access to Information Technology and Services ................................................. 25
Oesign- Build .... ....... .... ....... ........... ..................................................... .......... ......... 25
Provi ding Information to Citizens ............... ...................................... ......... ........... 26
Creating a Minnesota GIS Program ..................................................................... 26
State Re2:ulation of Massa2:e Therapists ............................................................... 26
... ...
Private Property Rights and Takings..................................................................... 27
Construction Codes. .............. ....... ......................................................... ...... .......... 28
Fees for Service ....... ......... .... ......... ............. ........................................ .................. 28
Board of Firefighter Training ............................................................................... 29
Wi tness Fees ........................ ........... ....... ................................... .......... ......... ......... 29
State Appropriation for Government Training Service ........................................ 30
Year 2000 Issues .......................................... ........... .............................................. 30
New Public Safety Spectrum Needs...................................................................... 30
Joint & Several Liability Reform .......................................................................... 31
o fficial Newspaper Designation ... ........ ........ .......... ............................ ....... ........... 32
Competi ti ve Bid Threshold .......... ......... ...... .............................. ........ ........... ........ 32
:Membership in Watershed Management Organizations ....................................... 32
Legalization of Fireworks .................................. ............ ....................................... 33
Election Judge Appointment ........................ ......................... ...................... .......... 33
Election Judge Compensation .................................... .............. ............................. 33
Counting Write-in Votes ....................................................... .... .................... ........ 33
Telecommunications Restructuring........................ ................ ...... ......................... 34
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S D- 30. 911 Funding.............. ................ ................................ .......... ........... ........................ 35
Personnel, Pensions, Labor Relations & Data Practices ................................. 35
Personnel, Pensions & Labor Relations
PP-l. Veterans' Preference .............................................................................................. 35
PP- 2. Discipline and Discharge......................................... ............... ......... .................. .... 36
PP -3. Compensation Limits ............................................................ ................................ 36
PP -4. PELRA ...... ...... ................. ......... ................ .......... .................................................. 36
PP - 5. Essential Employees .................. .............. .......................... .................................... 37
PP -6. Pensions. ...................... .......... ............ .... .................. .............. .......... .... ........... ....... 37
PP-7. Age Certificates 11-9 Fonns .................................................................................. 37
PP-8. Employer Reference Immunity ............................................................................. 37
PP-9. State Paid Police and Fire Medical Insurance ....................................................... 38
PP -10. Breathalyzers... .......... ............... ............... .......... ....... ..... ........................................ 38
PP-ll. Preservation of Local Decision-Making Authority on Employment
Related Issues .... ............. ......... ......... .......... ................ ........................................... 38
PP-12. Drug and Alcohol Rehabilitation .......................................................................... 38
Data Practices
DP-l. Public Access to Information ................................................................................ 38
DP-2. State Model Policies and Training ........................................................................ 39
DP-3. Tennessen Warning ........................................................................................ ....... 39
DP-4. Government Data Practices Act Recodification and Conformance ...................... 39
DP-5. Alternative Dispute Resolution for Violations of Government
Data Practices Act. ..... ................. ................ .......................................................... 39
DP-6 GDP A Compliance for Contracting ...................................................................... 40
DP-7. Acquisition of Electronic Surveillance Devices.................................................... 40
Federal Employment Law
FED-I. FLSNOvertime Compensation ................................................................ ............. 40
FED-2. Peace Officer Bill of Rights .................................................................................. 40
FED-3. Portability of Deferred Compensation .................................................................. 40
Electric D eregula ti 0 n........................ ............................................................................ 41
Adequate Supply and Demand .................................................................................. ..... ...... 42
Cons umer Protection................................................. ................ ........................................... 42
En vironmen tal Concerns...................................................................................................... 42
Fair Market Competition............................. ...... .......... ......................................................... 42
Local Authority .................................................................. .................................................. 43
Stranded Rec overy Cost............................. .................... ...................................................... 43
Property Tax................................................................ ......................................................... 43
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General Policy Statement
The League of Minnesota Cities serves as a forum for cities to define common problems and
develop policies and proposals to solve those problems.
The League of Minnesota Cities represents 815 of Minnesota's 853 cities as well as 12 urban
towns and 27 special districts. All sizes of communities are represented among the League's
members (the largest nonmember city has a population of 167) and all regions of the state are
represented.
The policies that follow are directed at specific city issues. Two principles guide the
development of all League policies:
1. There is a need for a governmental system that allows flexibility and authority for cities
to meet the challenges of governing and providing citizens with services while at the
same time protecting cities from unfunded or underfunded mandates, liability or other
financial risk, and restrictions on local control; and,
2. The financial and technical requirements for governing and providing services
necessitate a continuing and strengthened partnership with federal, state, and local
governments. This partnership, particularly in the areas of finance, development,
housing, environment and tranSportation, is critical for the successful operation of
Minnesota's cities and the well-being of residents.
iv
LEAGUE STAFF WORKING WITH STATE AL"lD FEDERAL IsSUES
Jim Miller, Executive Director
lVlandates, telecommunications
Gary Carlson, Director of Intergovernmental Relations
Aid to cities, electric utility restructuring, general revenue sources for cities,
personnel, property tax system, tax increment financing, transportation
Kevin FrazeIl, Director of Member Services
Government innovation and cooperation, electric utility restructuring
Tom Grundhoefer, General Counsel
General municipal governance, telecommunications
Ann Higgins, Intergovernmental Relations Representative
Elections and ethics, housing, information policy, telecommunications, utility
service districts, year 2000
Andrea Stearns, Intergovernmental Relations Representative
Civil liability and criminal justice, economic development and redevelopment,
general government, local/tribal relations, tax increment financing
Remi Stone, Intergovernmental Relations Representative
Civil liability, environment, general government, housing and building codes,
labor relations, land use/annexation, personnel, transportation and transit
Eric 'Villette, Intergovernmental Relations Representative
Aid to cities, general revenue sources for cities, pensions, property tax system,
public safety
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Legislative Policy Committee Members
Improving Fiscal Futures
Dan Vogt. Chair, City Administrator, Brainerd
Terri Heaton, Vice Chair, Chief Financial Officer,
Bloomington
Richard Abraham, City Administrator, Lake City
Karen Anderson, Mayor, Minnetonka
Bill Barnhart, Intergovernmental Relations,
Minneapolis
Tom Burt, City Administrator, Rosemount
Gino Businaro, Finance Director, Mound
Gerald Butcher. Public Works Director, Maple Grove
Mike Campbell, Intergovernmental Relations
Director, S1. Paul
Jane Chambers, Assistant City Manager, Brooklyn
Center
Tom Cran, Budget Office, 51. Paul
John Erar, City Administrator, Farmington
Jerrry Faust, Councilmember, 51. Anthony
Bob Filson, City Administrator, Worthington
Roger Fraser, City Manager, Blaine
Jeff Haubrich, Assistant Council Adminstrator, Red
Wing
Steve Helget. City Administrator, Eagle Lake
Pat Hentges, City Manager, Mankato
Greg Isaackson, Clerk-Administrator, Cottonwood
Joel Jamnik, City Attorney, Lindstrom
Larry Juhl, Mayor, New London
Elizabeth Kautz. Mayor, BumsviIIe
James Keinath, City Administrator, Circle Pines
Dennis Kraft, City Manager, Robbinsdale
Bob Larson, City Administrator, Deephaven
Tom Lawell, City Administrator, Apple Valley
Joe Lynch, City Administrator, Long Lake
Paul McLaughlin, Council member, International
Falls
Tom Melena, City Administrator, Oak Park Heights
Steve Mielke, City Manager, Hopkins
David Minke, City Administrator, Glenwood
John :Moir, Finance Director, Minneapolis
Gary Neumann, Assistant Administrator, Rochester
Steve O'Malley, Deputy Manager, Burnsville
(alternate)
Steve Okins, Finance Director, Wi11mar
Roger Peterson, Association of Metropolitan
Municipalities
Douglas Reeder, City Administrator, South St. Paul
Ryan Schroeder, City Administrator, Cottage Grove
Alfred Schumann, Mayor, Eyota
Jennifer Schwinn, Finance Director, Big Lake
Jim Smith, Councilmember, Independence
Gerold Sorenson. Administrative S~rvices Director,
Moorhead
David Stutelberg, Treasurer, North Branch
Joy Tierney, Mayor, Plymouth
David Mark C'rbia. City Administrator, Blue Earth
Gene VanOverbeke, Finance Director, Eagan
Chuck Whiting, City Administtator, Mounds View
Jim WiJlis, City Administrator, Inver Grove Heights
RICk WolfsteJIer, City Administrator, Monticel1o
Improving Local Economies
Duane Zaun, Chair, Mayor, LakeviIIe
Leo W. Eldred, Vice Chair, Councilmember,
Moorhead
David Beaudet, Councilmember, Oak Park Heights
Robert Benke., Mayor, New Brighton
Steve Bjork, City PlannerlCoordinator, St. Francis
Carolyn Blonigan, City Clerk, Avon
Curt Boganey, City Manager, Brooklyn Park
Jerry Bohnsack, City Administrator, New Prague
Lavonne Bowman, CounciImember, Fairmont
Gerald Brever, City Administrator, Staples
Mike Campbell, Intergovermental Relations Director,
S1. Paul
Kevin Carrol1, Economic Development Coordinator,
Mounds View
David Childs, City Manager, Minnetonka
Grant Femelius. Housing Coordinator, Fridley
John Flora, Public Works Director, Fridley
Keith Ford, Community Development Agency,
Minneapolis
Matt Fulton, City Manager, New Brighton
Richard Fursman. City Administrator, Andover
Tom Goodwin, Councilmember, Apple Valley
Mary Gover, CounciImember, S1. Peter
Robert Haeussinger, City Administrator, Dodge
Center
Tom Harmening, Community Development Director,
S1. Louis Park
Jon Hohenstein, City Administrator, Mahtomedi
Susan Hoyt, City Administtator, Falcon Heights
Curtis Jacobsen, City Administrator, Big Lake
Brenda Johnson, Council member, Chatfield
Marvin Johnson, Mayo, Independence
Andrea Hart Kajer, Intergovernmental Relations
Director, Minneapolis (alternate)
Sandra Krebsbach, Councilmember, Mendota
Heights
Larry Lee, Community Development Director,
Bloomington
Marcia Marcoux, Council member, Rochester
Michael McGuire, City Manager, Maplewood
Peter Meintsma, Mayor, Crystal
Mark Nagel, City Manager, Anoka
Dennis Nelson, City Administrator, Windom
Steve O'Mal1ey, Deputy Manager, Burnsville
David Olson, Community Development Director,
Farmington
Bruce Peterson, Director Planning & Development
Services, Wi1Imar
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Roger Peterson, Association of Metropolitan
Muncipalities
Gene Ranieri, Association of Metropolitan
Municipalities
Mike Reardon, Cable Administrator, Bumsville
Dan Rogness, Community Development Director,
Rosemount
Joe Rudberg, City Administrator, Becker
Nancy Rys-Nicol, Management Assistant, Shoreview
Mark Sather, City Manager, White Bear Lake
David Schaaf, Mayor, Oak Park Heights
Terry Schneider, Councilmember, Minnetonka
Terry Spaeth, Administrative Assistant, Rochester
Kim Sullivan, Mayor, Lino Lakes
Daniel Tempel, Housing Coordinator, Maple Grove
Robert Therres, City Administrator, Sartell
Craig Waldron, City Administrator, Oakdale
Jeff Weldon, City Administrator, Redwood Falls
Julia Whalen, Council member, Champlin
Myron White, Port Authority Director, Red Wing
Denny Wilde, City Administrator, PaynesviIle
Betty Zachmann, Clerk-Treasurer, Winsted
Improving Service Delivery
Mark Karnowski, Chair. City Administrator,
Lindstrom
Judd Mowry, Council member. Tonka Bay
Beverly Aplikowski, Councilmember, Arden Hills
Mike Campbell, Intergovernmental Relations
Director, St. Paul
Diane Carlson, Mayor. Mantorville
Pat Crawford, Clerk-Treasurer, Motley
Jerry Dulgar, City Manager, Crystal
Steve Gatlin, Public Works Director, Coon Rapids
Theresa Goble, Finance Director, Brainerd
Tom Hansen, Deputy Manager, BurnsviJIe
Joel Hanson, City Administrator, Little Canada
Kay Kuhlmann, Council Administrator, Red Wing
Desyl Peterson, City Attorney, Minnetonak
Gene Ranieri, Association of Metropolitan
Municipalities
David Schaaf, Mayor, Oak Park Heights
David Senjem, Council member, Rochester
Chad Shryock, City Administrator, Wabasha
Joyce Twistol, ClerklPersonnel Director, Blaine
Karen Lowery Wagner, Intergovernmental Relations,
Minneapolis
Rena Weber, Clerk/Coordinator, Cold Spring
Phil Zietlow, Councilmember, Medina
Personnel, Pensions, Labor Relations & Data
Practices
Joyce TWlstol, Chair, ClerklPersonnel Director,
Blame
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Geralyn Barone, Assistant City Manager,
Minnetonka
Patricia Crawford. Clerk, Motley
Holly Duffy, Assistant to Manager. Crystal
Jerry Dulgar. City Manager. Crystal
Christina Frankenfield, City Administrator, Howard
L3ke
Jean Gramling, City Administrator. Savage
Terry Haltiner. Risk Analyst. St. Paul
Ken Hartung, City Administrator. Bayport
Kay Kuhlmann, Council Administrator. Red Wing
Karen Kurt, Personnel Manager. RoseviIle
Ed Larson, City Manager. Morris
Kay McAloney, Personnel Director, Anoka
Tim Madigan, City Administrator. Faribault
Ceil Smith, Assistant to Manager, Edina
Jerry Splinter, City Manager. Coon Rapids
Elizabeth Wheeler, Human ResourceslRisk Manager,
Northfield
Harold Windschitl, Council member. Sleepy Eye
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Electric Deregulation Task Force
Kathleen Sheran, Chair. Council member. Mankato
Bryan Adams, General Manager, Elk River
Municipal Utilities
Jim Asplund, Haherty & Associates. St. Paul
Karen Baker, House Research
Larry Bakken, Council member. Golden Valley
Mike Bash, Council member. Long Lake
David Berg, RW Beck, Minneapolis
Troy Bonkowske. Community Development
Director, Caledonia
Jim Brimeyer. Council member, St. Louis Park
Chuck Canfield, Mayor, Rochester
AI Crowser, Director, Alexandria Public Utilities
Jim Elmquist, City Administrator. Mora
Robert Filson, City Administrator, Worthington
Paul Grabitske, City Administrator. JanesviIle
James Gromberg, City Administator. Isanti
Delvin Haag, Council member, Buffalo
Ken Hanung, City Administrator, Bayport
Jeffry Haubrich, Asst to Council Administrator, Red
Wing
Richard Johnson, Metropolitan Council
Elizabeth Kautz, Mayor, BurnsviJIe
Mark Larson, Clerk-Administrator, Glencce
Rebecca L3w, Minneapolis
Pam Marshall, Energy Cents Coalition
Kevin Maynard, General Manager. Austin UtIlities
Charles Mertensotto, Mayor, Mendota Heights
Robert Museus, City Administrator, Hugo
Mark Nagel, City Manager, Anoka
Mike Nitchals, General Manager, Will mar :v1unicipal
Utilities
Paul Ostrow, Council member, Minneapolis
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Greg Oxley. MN Municipal Utilities Association
John Remkus. Finance Director. West St. Paul
Joe Rudberg. City Administrator. Becker
Mark Sather. City Manager. White Bear Lake
Jerry Splinter. City Manager. Coon Rapids
Jim Willis. City Administrator. Inver Grove Heights
Representative Ken Wolf. Minnesota House of
Representatives
Wally Wysopal. City Manager-Clerk. North St Paul
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League of Minnesota Cities
Policy Development Process
.
The League's policy development process has taken place over the past six months. The process
began with a member survey of priority issues facing city officials. The process will not end with
the Policy Adoption Conference. The committees will schedule additional meetings during the
upcoming legislative session to discuss additional issues, develop alternative solutions, and
discuss strategies to implement the League's policies.
Listed below is a brief chronology of the major events in the policy development process. At
each step, members have the opportunity to participate in the development process.
ApriYMay The League solicits members for ideas and problems. A surve'y at the Annual
Conference allows members to formally suggest topics.
June The League President accepts applications for committees and appoints policy
committee members.
July
August
through
September
October
November
January
through
l\- la y
The policy committees are: Improving Fiscal Futures
Improving Local Economies
Improving Service Delivery
Personnel, Pensions, Labor Relations & Data
Practices
Electric Deregulation
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Committees meet to discuss issues raised in the member survey. Committees can
also form task forces to more thoroughly study specific issues. Task forces can
include noncity members with a knowledge of the focus issue.
Committees and task forces meet to discuss issues and problems, accept
testimony and develop policy statements.
The League Board of Directors meets with the chairs of the policy committees to
review policies.
Policy Adoption Conference. Members have the opportunity to discuss the draft
policies, propose changes, and suggest additional policies for member
consideration.
Legislative session. During the session, the policy committees and task forces
will continue to meet on issues and strategies. Members can assist the League's
legislative efforts by volunteering to contact legislators on a variety of issues of
interest to our cities.
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Statement of Intent
There are many issues affecting the effectiveness of city government to improve community life,
improve the fiscal future and service delivery of city government, and improve the local
economy.
What follows are statements of the issues facing cities and the League of Minnesota Cities'
proposed responses to these issues. These statements of issues and proposed responses form the
policy of the League of Minnesota Cities. Additional and alternative responses to those issues
may be proposed after the Policy Adoption Conference, and the members of the League authorize
its Board of Directors to consider and support additional or alternative responses, if necessary, to
resolve the issues identified in this policy statement.
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Proposed
2000 City Policies
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Il\tIPROVING COl\tIMUNITY LIFE
CL-l. Healthy Communities
To the greatest extent possible, legislation affecting communities at the state and federal level
should enhance, not diminish, the ability of citizens, businesses, and local governments to
work together in partnership to make every community "livable."
ISSUE: Cities in Minnesota are at various stages in meeting the goal of being "livable
healthy communities."
RESPONSE: The definition of a ''livable healthy community" below will be used to
evaluate proposed legislation to determine whether or not it advances the goal of
enabling all Minnesota cities to become livable healthy communities. It should also be
used by cities to evaluate their progress toward the goal of becoming livable healthy
communities.
A LIVABLE HEALTHY COMt"VIUNlTY IS:
WHERE PEOPLE OF ALL AGES
. share a core of common values including valuing diversity, respect for each other, and
good citizenship
. feel:
* safe
* a sense of belonging
* welcome
. engage in life-long learning activities that:
* promote responsible citizenship
* enhance the enjoyment of life
* prepare them for changing job markets
. participate in the decision-making process with community leaders
· celebrate community
· want to make their home
· have access to:
:Ie good paying jobs
* adequate and affordable housing
1 * choice of efficient transportation systems including transit, pedestrians, and bicycles
2 * gathering places
3 * desired information
4 * choice of cultural and recreational activities
5 * affordable goods and services, including health care
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7 · are involved in the nurturing of youth
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9 . care about their homes, community, and the environment
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11 . get to know each other
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'13 . have the benefit of strC:lg family support and nurturing adults
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16 WHERE LOCAL GOVERNlVIENT
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18 · is responsive to the needs of its citizens
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20 · is actively supported by enthusiastic volunteers
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22 . is open and user friendly
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24 · encourages and implements cooperation and collaboration
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26 . provides and maintains an adequate physical infrastructure and promotes social
27 infrastructure to meet local needs
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29 · educates citizens of all ages on local, regional, and state issues and government processes
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31 · informs and communicates with citizens to foster participation in public policy decision-
32 making
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34 · participates in youth development
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IMPROVING FISCAL FUTURES
FF-l. State-Local Fiscal Relations
Issue: Minnesota's state and local government finance system is complex and intertwined.
While cities rely on their partnership with the state to provide local services, they also must
respond to the needs and desires of their residents. To that end, cities need discretion and
flexibility in determining how to finance needed local services.
In each of the past three years, the legislatur~ made changes to Minnesota's property tax
system that will impact the ability of local governments to fund necessary services. The
reimposition of levy limits, significant class rate compression, and changes in state funding of
schools all may have ~nintended consequences. Now the Governor has initiated a study of the
property tax system with the intention of proposing additional major property tax reforms in
2001.
Response: As the Governor and legislators consider additional property tax changes,
they should:
. Carefully analyze the combined impacts o~.the 1997, 1998, and 1999 tax biIIs and
changing economic circumstances on the taxpayer and on local governments so that
policy makers can better understand where the system may need further changes;
. Diversify available city revenue sources by generaIly authorizing cities to impose a
local option sales tax with voter approval; and
. Reduce the property tax burden for all classes of property by increasing the state
share of school funding. Any increase in the state share of school funding must
guarantee a permanent reduction in the local property tax burden. The League
supports paying for the increased state costs through income and sales taxes.
The Legislature should not:
. Extend levy limits, which are inefficient, ineffective, interfere with local
accountability, and ignore local circumstances;
. Impose reverse referenda requirements, which undermine the decisions of local
elected officials, divert focus and resources from daily operations, and can disrupt
the local budget process;
. Replace all or part of LGA or HACA with state-mandated categorical aid programs,
or local option taxing authority;
. Switch from the classification system to a market value based system, which would
cause tremendous shifts of tax burden between classes of property. The League also
opposes applying all future levy increases to market value because this would further
complicate the property tax system;
. Expand the limited market value law or enact an acquisition value law;
. Interfere in local decision-making regarding service delivery;
. Impose a state-levied property tax; nor
3
1 . Cut LGA or HACA to finance an increased state role in school finance.
2
3 FF-2. State Shared Revenues
4
5 Issue: State revenue sharing programs address at least three problems with a stand-alone
6 local government finance system. First. the property tax base available to communities can
7 vary dramatically. These programs use state resources to equalize the
8 ability of communities to provide essential services without undue property tax burdens for
9 local residents.
10
1 1 Second. nonresidents can take advantage of local services or create additional demands for
12 services without contributing to the taxes that support these services. LGA and HACA help
13 address the free rider problem where nonpaying individuals consume services without
14 contributing to the local tax base.
15
16 Third, allowing local units of government in Minnesota to only levy the property tax has
17 created an over-reliance on the property tax. LGA and HACA can reduce the overall reliance
18 of local governments on the property tax.
19
20 Although historically the legislature has generally supported LGA and HACA programs,
21 the 1981 legislature reduced the number of LGA and HACA payments and the 1986
22 legislature delayed the payments. Under current law, the first payment ofLGA and HACA is
23 made in July-fully 7 months into each city's fiscal year. These changes have created cash
24 flow problems for some cities.
25
26 Response: LGA and HACA, or similar replacement revenues, must be continued
27 and additional state resources greater than the rate of inflation must be allocated to
28 prevent rapid future property tax increases. In addition, the HACA household growth
29 factor for cities should be reinstated.
30
31 The legislature should adjust the LGA and HACA payment schedule to provide cities
32 access to LGA and HACA earlier in their fiscal year.
33
34 FF -3. Taxation of Municipal Bond Interest
35
36 Issue: The state law that grants a tax exemption for municipal bond interest lowers
37 borrowing costs for cities and reduces property tax levies.
38
39 Response: The state should maintain the tax exemption for municipal bond interest
40 income.
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42 FF -4. City Fiscal Year
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44 Issue: The fiscal year for cities and counties currently corresponds to the propeny tax
45 cycle.
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Response: The state should maintain current Jaw and not change the city fiscal year
to coincide with the state fIScal year.
FF -5. Sales Tax on Local Government Purchases
Issue: In 1992 when the state was experiencing a budget shortfall, the Legislature
repealed the sales tax exemption for local government purchases. Local governments now
pay state sales tax on purchases like road maintenance supplies and equipment, wastewater
treatment facilities, and building materials for affordable housing. This action currently costs
local property taxpayers and ratepayers an estimated $90 million annually. Because no
additional state aids were added to offset the additional cost, this repeal has effectively
increased local property taxes to finance state operations.
Response: The state should reinstate the sales tax exemption for all local government
purchases. The exemption must not be coupled with cuts in LGA or HACA.
FF -6. Payments for Services to Tax-Exempt Property
Issue: Taxable property in many cities is being acquired by nonprofit and government
entities. Converting the property to tax-exempt status can lead to a serious tax base erosion
without any corresponding reduction in the service needs created by the property.
Response: Cities should be allowed to collect special assessments or other payments
in lieu of property taxes (or special assessments) from statutorily exempt property
owners to cover costs of service.
FF -7. Truth-in- Taxation Process
Issue: Cities must set a preliminary levy by September 15 which, by law, becomes the
maximum that cities can levy for the following year. In recent years, cities have not received
complete tax base and aid information in a timely manner. As a result, cities often either set a
preliminary levy that is artificially high or they are unable to budget for unforeseen needs that
arise after September 15.
Response: The League supports changes to the Truth-in-Taxation process to provide
more meaningful information to citizens. Cities should have the authority to increase
the final levy from the preliminary levy to meet unforeseen and uncontrollable needs.
FF -8. State Administrative Deductions from State Aid
Issue: State administrative costs are deducted from the LGA appropriation. This reduces
the property tax relief provided by LGA and creates hidden appropriations for state agencies.
Response: All appropriations from LGA resources that fund state operations
should be repealed.
5
1 FF -9. Reporting Requirements
2
3 Issue: Budget and financial reporting requirements imposed on cities by the state often
4 result in duplication and additional costs.
5
6 Response: Requirements for reporting and advertising financial and budget
7 information should be carefully weighed to balance the validity of the state's need for
8 additional information with the costs and burdens of compiling and submitting this
9 information. In addition, all state agencies should be aware of the information already
10 required by others to avoid duplication of reporting requirements.
11
12 FF-IO. Federal Budget Cutbacks
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14 Issue: Congressional actions to balance the federal budget or to cut taxes will reduce
15 federal assistance to the state and to local governments.
16
17 Response: The state should not reduce aids or increase fees to local goyernments as a
18 means for dealing with cutbacks in federal revenues. The state should take
19 responsibility for reductions in federal revenues rather than placing the burden on cities
20 and their property taxpayers.
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22 FF-l1. Price of Government
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24 Issue: The price of government legislation enacted in 1994 was intended to measure the
25 overall effect of state and local taxation over a long period of time. The targets measure
26 government revenues as a percent of personal income. Unfortunately, the targets have been
27 misinterpreted and used unfairly to criticize city tax and budget decisions.
28
29 Response: The price of government statutes as they apply to local governments
30 should be repealed. If the price of government law is to continue to be applied to local
31 governments, price of government calculations should be:
32
33 . based on the sum of levy and state aid, not just levy; and
34 . based on long-term trends, not single-year events.
35
36 FF-12. Capital Improvement Fees
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38 Issue: New development and the resulting growth create an increased demand for public
39 infrastructure and other public facilities. Severe constraints on local fiscal resources and
40 dramatic forecasts for population growth have prompted cities to critically reconsider ways to
41 pay for the inevitable costs associated with new development. Traditional financing methods
42 tend to subsidize new development at the expense of the existing community, discourage
43 sound land use planning, place inefficient pressures on public facilities, and allow
44 underutilization of existing infrastructure. Consequently, local communities are exploring
45 methods to ensure that new development pays its fair share of the true costs of growth. Given
46 the existing authorization to impose fees on new development for water, sanitary and storm
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sewer, and park purposes, it is reasonable to extend the concept to additional public
infrastructure and facilities improvement also necessitated by new development.
Response: The Legislature should authorize cities to impose capital improvement
fees so new development pays its fair share of the off-site, as well as the on-site, costs of
public infrastructure and other public facilities needed to adequately serve new
development.
FF -13. Deferred Assessments for Roads
Issue: Current law allows a city to recoup the costs for water, storm sewer, or sanitary
sewer improvements by levying additional assessments on the property benefiting from the
improvement, but not previously assessed. This authority for deferred assessment has not
been extended to other infrastrUcture, such as road improvements, even though properties are
benefiting from the improvements.
Response: Cities should be able to assess the cost of infrastructure improvements for
roads. Cities should be allowed to defer assessments against property located outside
the city for road improvements benefiting property abutting the improvement but not
previously assessed for the improvement. For example, if a city makes road
improvements to a road that benefits city residents and township residents, the city may
defer the assessments to the township property until the property is brought into the
city. Once the township property is brought into the city, the city may assess that newly
acquired property for road improvements previously done but not assessed at the time
of the improvements.
FF -14. Taxation of Electronic Commerce
Issue: Sales over the Internet and through other electronic means are projected to increase
exponentially over the next several years. Because of the difficulty of assigning a location to
electronic sales, because many Internet "goods" are not tangible property, and due to potential
federal intervention, electronic transactions pose significant tax policy challenges.
Response: Federal tax policy must not put main street businesses at a competitive
disadvantage to electronic retailers, must not jeopardize repayment of bonds backed by
state and local sales tax revenues, and should ensure stability in state and local revenues.
FF -15. Local Option Sales Taxes
Issue: Last year, the Legislature authorized local sales taxes to fund regional projects in
two greater Minnesota regional centers.
Most Minnesota cities would benefit from diversification of the revenue sources available
to them to relieve the local property tax burden.
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1 Response: The Legislature should generally authorize local sales taxes for cities upon
2 local approval.
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4 FF-16. Limited Market Value
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6 Issue: Rapidly rising property values in some parts of the state have fueled legislative
7 proposals to expand the current limited market value law. One proposal would establish the
8 consumer price index as the maximum annual market value increase and extend the limit to all
9 classes of property.
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11 Further restricting market value increases would have several negative consequences:
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13 . It would unfairly shift taxes from properties experiencing growth in value onto all other
14 properties.
15 . Over the long-term, similar properties would be taxed at widely different rates merely due
16 to when the properties were last sold.
17 . It could discourage the sale of property because sales would return the prop~rty to full
18 market value for tax purposes.
19 . It would discourage improvements to property, which would trigger a return to full market
20 value for tax purposes. This could lead to degradation of housing and other types of
21 property.
22 . It could adversely affect the ability of cities to bond for infrastructure improvements or for
23 tax increment finanCing since local tax bases would not reflect the growth in property
24 values.
25 . Once implemented, limited market value provisions are politically difficult to sunset due
26 to the potential for large one-year tax shifts onto properties whose values were artificially
27 capped by the program.
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29 Response: The League opposes any expansion of the limited market value law.
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31 FF-17. State Charges for Administrative Services
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33 Issue: Currently, some state agencies have wide discretion in setting the fees for special
34 services they provide to local governments. For example, the Minnesota Department of
35 Revenue recently increased the fee for administering local sales taxes by 80 percent in the
36 middle of a budget year with less than six weeks notice. The increase had no apparent
37 relationship to increased cost of providing the service.
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39 Response: State agencies should be required to demonstrate the need for increases in
40 service fees, and should give adequate notice of increases to allow local governments to
41 budget for the increases. State agencies should set administrative service fees as close as
42 possible to the marginal cost of providing the service. Local government should be given
43 the option to self-administer or contract with the private sector for the service if the state
44 cannot provide the service at a reasonable cost.
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Il\1PROVlNG LOCAL ECONOMIES
LE-1. Tax Increment Financing (TIF)
Issue: The state has effectively delegated the responsibility for economic development
and redevelopment to cities. Unfortunately. neighboring states have given their cities more
development tools and, therefore, cities in these states have a competitive advantage over
Minnesota cities. In Minnesota, tax increment financing is the most viable tool available to
all cities in their economic development and redevelopment efforts. Additionally, tax
increment allows cities to address the changing needs of their evolving communities. The
state, whether based on a lack of information or misinformation, has been critical of cities' use
of the tool and has implemented a series of restrictions over the past several years, rather than
partnering with cities and encouraging their endeavors to improve and enhance the economic
well-being of Minnesota and the growth and redevelopment of its cities. Critics often claim
that TIF is overused. Some of these critics have proposed TIF freezes or caps. This view fails
to recognize the benefits received by counties and school districts, as well as cities, upon
district expiration while only cities are required to assume the financial risks associated with
development decisions. Cities have used tax increment financing responsibly and examples of
these positive uses abound.
Response: To effectively compete with other states, Minnesota must provide its cities
greater flexibility in the use of tax increment financing and other economic development
programs. The oitate should partner with cities in economic development and
redevelopment activities, and encourage cities' use of tax increment in achieving the
laudable goals of long-term tax base stabilization and growth, job creation, development
of low-to-moderate income housing, remediation of pollution, elimination of blight,
recycling and redevelopment of the infrastructure, and redevelopment of its
communities. The League opposes proposals for TIF freezes or caps. Counties and
school districts are appropriately involved in cities' development decisions through
current "review and comment" requirements and should recognize the benefits they
receive, without assuming any of the risk, due to cities' prudent uses of TIF.
LE-2. TIF Reform
Issue: It is likely that proposals to reform the tax increment financing laws will continue
to be identified and debated during upcoming legislative sessions.
Response: As part of any TIF reform debates, the Legislature should consider:
. Authorizing any tax increment districts approved after April 1, 1990, to pool
increments in the same manner as districts certified prior to April 1, 1990;
. In light of levy limits, eliminating the LGAlHACA penalty currently imposed on
districts or allow an exception from levy limits. If the penalty is not eliminated, the
restrictions on the source of payment should be removed;
. Expanding the use of tax increment financing to assist in the development of
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1 technological infrastructure, workforce readiness, transit-oriented development, the
2 restoration of historic structures, and for nonretail commercial projects (e.g.,
3 software companies, banks, and insurance companies);
4 . Exempting redevelopment districts from the "five year rule";
5 . lVIodifying the housing district income qualification level requirements to allow the
6 levels to vary according to those specific to individual communities;
7 . Authorizing the use of federal grants and other funds for local contributions;
8 . Removing the LGAlHACA penalty imposed on housing districts established between
9 the penalty years of 1990 and 1993;
10 . Making any necessary statutory changes to allow the Office of the State Auditor to
11 simplify its TIF reporting forms in consultation with those required to complete the
12 forms; and
13 . Authorizing TIF financial information to be published in a more simplified format so
14. it provides the average taxpayer with useful information.
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16 LE-3. Impact of Property Tax Reform on Existing TIF Districts
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18 Issue: The 1997, 1998, and 1999 Legislatures have compressed property tax class rates
19 which, in turn, has jeopardized the repayment of outstanding debt or other obligations in
20 existing TIP districts. Given the long-term nature of property tax reform, cities could not
21 have anticipated the impact of these class rate changes, nor can cities project the impact of
22 future changes. The Legislature has recognized their responsibility for the impacts of their
23 actions by creating a TIP grant program to address situations where the class rate changes
24 cause TIP district deficits. The TIP grant program, currently funded at $6 million and
25 scheduled to expire in 2002, is likely to be insufficient to cover every deficit. Some of the
26 worst deficit situations may not surface for a number of years. Additional pooling and special
27 taxing district authority might be useful in certain cities but are only partial solutions.
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29 Response: The Legislature should provide additional state resources to the TIF
30 grant program and extend the program indefinitely so that TIF obligations can be met
31 and third party bondholders are protected if the TIF grant program is insufficient to
32 cover deficits caused by the 1997 through 1999 class rate changes. The Legislature
33 should also explore additional options to address deficits such as district duration
34 extensions and eliminating or adjusting the original tax capacity rates.
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36 LE-4. Business Subsidies
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38 Issue: Cities support the concepts of public notice, participation, and accountability in the
39 use of public funds contained in the business subsidies legislation enacted in 1999. However,
40 some areas of the new law need clarification and modification.
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42 Response: The Legislature should clarify and modify the business subsidies law so
43 that effective implementation is achieved. For example, cities that do not '~ward any
44 business subsidies in a given year should not be required to submit reports.
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LE-5. Economic Development Programs
Issue: The Minnesota Investment Fund is not adequately funded. Local governments do
not have an adequate slate of tools to assist job creation, redevelop blight and decay, and
provide adequate housing choices. Consequently, cities are not well equipped to compete
nationally and internationally for business development.
Response:
. lVlore state resources should continue to be contributed to the Minnesota Investment
Fund.
. Congress should remove the caps that have been placed on Industrial Development
Bonds and acknowledge that the extensive eligibility requirements now adequately
limit their use.
LE-6. Redevelopment Programs
Issue: Communities across Minnesota are faced with the unique circumstances of
deteriorating, obsolete, and vacant strUctures in neighborhoods and downtowns and a lack of
land for development. Redevelopment activities usually require large, up-front funds to
address multi-phase projects of extensive duration where site assemblage, demolition,
relocation, or pollution clean up must occur before private-sector interest can be generated.
Additionally, deterioration threatens historic strUctures in cities across the state. While the
redevelopment account administered by the Department of Trade and Economic Development
is a critical component in establishing a coherent statewide policy for redevelopment, cities do
not have sufficient tools to utilize in local historic preservation efforts.
Response: In recognition of the unique needs of redevelopment projects, the state
should continue its commitment to reinvest in its communities by increasing and
committing to permanent base budget funding for the redevelopment account
administered by the Department of Trade and Economic Development._ Additionally, as
part of a comprehensive approach to redevelopment needs, the_Legislature should
consider the state income ta.'"' credit legislation pursued by the Preservation Alliance of
l\linnesota, TIF subdistricts, and other tax incentives for local historic preservation
efforts.
LE-7. Property Tax Abatement Authority
Issue: In an effort to increase the number of development tools available, the 1997
Legislature authorized local units of government to grant property tax abatements. Although
TIF continues to be the primary financing mechanism for local development projects, tax
abatements provid~ a good addition to a needed list of economic development tools. In order
to provide maximum benefits, tax abatements should be less restrictive in terms of funding
caps and financing terms. Property tax abatements should not be considered a replacement for
tax increment financing.
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1 Response: TIF is still the primary viable development tool available for cities.
2 Abatement authority should continue to be available, but not offered as a rationale to
3 eliminate TIF.
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5 LE-8. Brownfields
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7 Issue: Brownfields are lands unsuitable for development due to the presence of chemical
8 or other contaminants. Brownfields are a major cause of blight within communities across the
9 state through loss of local tax base, jobs, housing quality, public safety, and community
10 confidence. Revitalizing this land is costly and requires the cooperation of city, county,
II school, regional, state, and federal governments and the assistance of local economic
12 development organizations and citizens. As we move into an era where the mass creation of
13 jobs is ~ necessity and where increased tax base is a requirement for local governments to
14 adequately face growing financial pressures, efforts to revitalize brownfields must not only
15 continue but be accelerated in the upcoming years. Currently, $7 million exists in the
16 Department of Trade and Economic Development's (DTED) base for the contaminated site
17 clean-up fund. Additionally, $6.2 million is appropriated annually from the Petrofund to
18 DTED to clean up sites which contain at least some petroleum-related contamination.
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20 Response: A comprehensive set of economic development programs must be
21 maintained for cities and other development agencies. The Legislature should:
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23 · Increase funding for the Department of Trade and Economic Development's
24 contaminated site clean-up fund and redevelopment account;
25 · Strengthen enforcement and collection of revenues for the state contamination tax;
26 · Continue support for and funding of local and regional programs to assist in the
27 efforts to remediate brownfields;
28 · Establish a fully-funded program to allow cities and other development authorities
29 to gain control of and reclaim and revitalize brownfields;
30 · Protect existing tax increment financing provisions that provide for the remediation
31 of brownfields, and modify restrictions to allow the pooling of district revenues to
32 assist in the financing of remediation of brownfields;
33 · Establish an indemnification fund to provide financial security for institutions and
34 individuals as they invest in efforts to recycle brownfields in order to leverage
35 private investment in cities' efforts to increase their ta~ base and create jobs; and
36 · Continue financing mechanisms for cleaning contaminated sites.
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38 LE-9 OSA Response Timelines
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40 Issue: The Office of the State Auditor (OS A) is responsible for TIP oversight. As
41 part of their review of TIP districts, they identify alleged violations of the TIP laws and issue
42 non-compliance notices to TIP authorities. After responding to these non-compliance notices
43 within the required 60-day period, authorities often do not receive timely responses on the
44 matter from the OSA. Additionally, TIP authorities are often unclear about the final
45 disposition of the matter upon receipt of a final non-compliance notice.
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Response: In the event that the OSA determines to issue a final non-compliance
notice to a TIF authority, the Legislature should require the OSA to issue the notice
within 60 days of receiving the authority's response. Any fmal non-compliance notice
should contain the OSA's final position on the matter, the date upon which they forward
the matter to the county attorney, and the ne.n steps that are required to be taken
according to state law. Upon expiration of the 60-day period, the authority should be
deemed to be in compliance with the TIF laws if no final non-compliance notice is
received.
LE-10 OSA Time Limitations
Issue: The Office of the State Auditor (OSA) has the authority to issue non-
compliance notices for every existing TIP district in the state for alleged violations of the TIP
laws going all the way back to the inception of the district. Accordingly, TIP authorities can
receive non-compliance notices for alleged violations that occurred twenty or more years ago.
Often, staff and record-keeping procedures have changed and TIP authorities find it
exceedingly difficult to reconstruct the past in order to identify and remedy these situations.
Similarly, the OSA claims the authority, based on the state's records retention schedule, to
audit TIP districts for up to ten years after decertification which requires cities to expend staff
resources to maintain files and a working knowledge of old districts for an unreasonable
period of time.
Response: A reasonable timeframe within which alleged violations are identified
should be established. The Legislature should restrict the OSA's ability to issue non-
compliance notices to the six-year period prior to the notice's issuance date. The
Legislature should also require the OSA to conduct any audits on decertified districts
within one year of decertification.
LE-l1. Growth Management and Annexation
Issue: Unplanned and uncontrolled urban growth has a negative environmental, fiscal,
and governmental impact for cities, counties, and state governments because it increases the
cost of providing government services, and results in the loss of natural resource areas and
prime agricultural land.
Response: The League believes the existing framework for guiding growth and
development primarily through local plans and controls adopted by local governments
should form the basis of a statewide planning policy, and that the state should not adopt
a mandatory comprehensive statewide planning process. Rather, the state should:
. Provide additional financial and technical assistance to local governments for
cooperative planning and growth management issues, particularly where new
comprehensive plans have been mandated by the Legislature;
. Clearly establish the public purposes served by existing statewide controls such as
shoreland zoning and wetlands conservation; clarify, simplify, and streamline these
controls; eliminate duplication in their administration; and, fully defend and hold
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1 harmless any local government sued for a "taking" as a result of executing state
2 land use policies;
3 . Give cities broader authority to e.nend their zoning, subdivision, and other land use
4 controls up to two miles outside the city's boundaries, regardless of the e.nstence of
5 county or township controls, to ensure conformance with city facilities and services;
6 . Clearly define and differentiate between urban and rural development and restrict
7 urban growth outside city boundaries;
8 . Require the Metropolitan Council to seek cooperation from the state of Wisconsin
9 and counties (both l\'finnesota and Wisconsin) surrounding the metropolitan area to
10 ensure responsible and controlled development; study expansion of Metropolitan
II Council authority in surrounding counties; and, e.~amine the positive and negative
12 impacts of mandatory regional or local land use controls and state-imposed
13 development standards;
14 . Facilitate the annexation of urban land to cities by amending state statutes that
15 regulate annexation to make it easier for cities to annex developed or developing land
16 within unincorporated areas;
17 . Oppose legislation that would reinstate the election requirement in contested
18 annexations; and
19 . Encourage ideas consistent with the long-term goal of allowing urban development
20 only in urban areas. Density incentives such as sprawl reduction aid programs are
21 more straightforward methods of rewarding and encouraging compact urban
22 development than using LGA or HACA for another new purpose.
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24 LE -12. State and/or County Licensed Residential Facilities (group homes)
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26 Issue: As the need for more residential-based care facilities increases, sufficient funding
27 is also needed to ensure residents living in group homes and licensed facilities have
28 appropriate care and supervision. In view of cities' responsibilities to accommodate group
29 homes and residential-based facilities, it is important that state and county government work
30 with local officials to address residential care and public safety issues. Cities have reasonable
31 concerns for special care necessary for group home residents, particularly in case of public
32 safety emergencies. Since operators of certain residential facilities and services are not
33 required to notify cities when they intend to purchase housing for group homes, cities do not
34 have opportunity to raise concerns and requirements regarding the special care and public
35 safety measures these residences may expect.
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37 Response: The Legislature should provide sufficient funding for such residential-
38 based services and require state and county agencies that manage those facilities or
39 companies licensed to operate group homes to notify cities in a timely manner when
40 licensed facility operators request to operate such facilities or to renew their license and
41 allow cities to require such agencies and licensed operators to identify and take
42 appropriate measures to respond to the special care residents need in case of
43 emergencies. Legislation should also require establishment of nonconcentration
44 standards for state or county-issued requests for proposals (RFPs) and direction to
45 avoid clustering residential facilities. Licensing authorities must also be responsible for
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removing any residents incapable of living in such an environment, particularly if they
become a danger to themselves or others.
LE -13. Housing and Economic Vitality
Issue: City officials increasingly recognize that housing shortages threaten strong
neighborhoods. healthy communities, and local economic vitality. Decreased federal housing
assistance and insufficient state resources for housing production place statewide economic
expansion at risk. Changes in social services and family support, along with welfare-to-work
requirements, make it paramount for the Legislature to re-allocate state resources to
strengthen family stability, improve workforce availability, and improve children's school
performance.
Response: The Legislature must maintain state investment in housing production, at
least doubling the current biennial housing budget, to help leverage private and local
resources as well as federal funds. The Legislature should continue to make additional
investment outside the metropolitan area for production of single-family housing
affordable to working families, along with affordable rental units. In the metropolitan
area, investing over the next biennium to carry out the goals of the Livable Communities
Act will help meet the needs of many househoJds in which working adults must now
travel long distances to get to work.
LE-14. Housing Preservation
Issue: Loss of federally-assisted housing in communities throughout the state remains a
serious threat to the well being of older city residents as well as other vulnerable populations.
Few cities have sufficient local resources to purchase or provide equity take-out loans to
owners of subsidized rental units who are considering mortgage prepayment and conversion
to market-rate rentals for properties originally built to provide housing for low-income
residents.
Cities and neighborhood organization community development projects sometimes require
demolition of substandard housing, which can compound housing shortages and displace
occupants.
Response: The Legislature must continue to appropriate for preservation of
federally-subsidized housing throughout the state to provide additional resources for the
l\Iinnesota Housing Finance Agency and community-based nonprofit housing
organizations to buy units or make equity take-out loans to property owners in return
for maintaining rents affordable to low-income residents and agreeing to maintain the
federally subsidizec mortoaoe to term.
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The Legislature should also continue to provide incentives to lower housing
construction costs and selling prices to encourage local government, builders,
developers, housing agencies, and organizations to address housing design and
constru:ction costs, land use regulation, and other factors that could reduce housing
development costs.
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1 LE-15. City Role in Telecommunications
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3 Issue: As cities seek the benefits of information technology, they face a number of
4 critical issues, particularly availability and competition for providing advanced community-
5 based telecommunications services. Cities recognize the importance of providing these
6 services for education, health care, business, and residents in their homes and work places.
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8 Cities also play an integral role in the emergence of local competition, the zoning of
9 wireless communications facilities, and preserving cable operator support for public,
10 education, and government (pEG) access and institutional networks (I-Nets), and upholding
11 federal requirements to treat all providers in a neutral and nondiscriminatory manner.
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13 Response: State and federal government should encourage cities and
14 telecommunications service providers to collaborate to take advantage of planning
15 opportunities for the development of telecommunications infrastructure and services to
16 strengthen local and regional economies. Federal and state government must also
17 strengthen city authority to:
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19 . Provide telecommunications services either in partnership with other public entities,
20 the private sector, or as a sole provider;
21 . Grant additional cable TV franchises to provide the benefits of competition to
22 subscribers;
23 . Require all multichannel providers of video programming services that use public
24 rights of way to comply with local PEG access and I-Net requirements;
25 . Exercise effective local zoning controls over the siting of wireless communications
26 facilities; and
27 · Reserve spectrum for cities to make increased use of wireless communications.
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29 LE-16. Adequate Funding for Transportation
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31 Issue: Current funding for roads and transit systems across all government levels in the
32 state is not adequate. The League acknowledges that all Minnesota communities benefit from
33 a sound and adequately funded transportation system.
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35 Response: l\lore resources must be dedicated to the state's transportation system.
36 The League supports constitutionally dedicating a portion of the sales tax on motor
37 vehicles (also referred to as MVET) or other new revenue sources to a transportation
38 fund, which would fund both highway and transit projects. The League also supports
39 an increase in the gas tax that would be dedicated under the e.'"Cisting highway user trust
40 fund formula. Vehicle registration taxes (known as tab fees) should not be reduced
41 unless replacement revenues are constitutionally dedicated to the highway user trust
42 fund. If funding does not come from the state, cities should have funding options
43 available to them to raise the necessary dollars to adequately fund roads and transit.
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All non transportation programs should be funded from sources other than the
highway user distribution fund or other funds dedicated to transportation.
LE-17. State Aid for Urban Road Systems
Issue: Current rules governing municipal state aid expenditures are restricting the
efficient use of these funds, and do not adequately acknowledge the constraints of road
systems in urban city environments.
Response: Rules affecting the municipal state aid system need to be changed to
acknowledge the technical and practical restrictions on construction and reconstruction
of urban road systems. New municipal state aid design standards should not apply to
reconstruction of existing state aid streets originally constructed under different
standards. Future changes to state aid rules should ensure the involvement of elected
officials and engineering professionals in the decision-making process.
LE-18. Turnbacks of County and State Roads
Issue: As road funding becomes increasingly inadequate, more roads are being "turned
back" to cities from counties and the state.
Response: Turnbacks should not occur without direct funding or transfer of a
funding source. A process of negotiation and mediation should govern the timi.:lg,
funding, and condition of turned-back roads. City taxpayers should receive the same
treatment as township taxpayers. The requirement for a public bearing, standards
about the conditions of turnbacks, and temporary maintenance funding should also
apply to county turnbacks to cities. At a minimum, roads proposed to be turned back to
a lowt'r government level should be brought up to the standards of the receiving
government or should be compensated with a direct payment. Direct funding should be
provided for smaller cities that are not provided with turnback financing through the
municipal state aid system.
LE-19. Road Funding for Cities Under 5,000
Issue: Cities under 5,000 population do not receive any nonproperty tax funds for their
collector and arterial streets.
Response: Cities under 5,000 population that are not eligible for Municipal State Aid
C\'I.S.A.) should be able to use county municipal accounts and the 5 percent account of
the highway user distribution fund.
Vses of county municipal accounts should be statutorily modified so counties can
dedicate these funds for local arterials and colledor streets within cities under 5,000
population. In addition, the 5 percent set-aside account in the highway user distribution
fund should be used to meet this funding gap.
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1 LE-20. Railroad-Related Projects
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3 Issue: Cities are being presented with far-reaching and long-term effects when railroad
4 expansion and related projects enter their communities. Along with the concerns related to
5 safety, environmental effects, and noise impacts on the communities, several issues have
6 greater reaching effects. They are:
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8 . The cost-share ratio related to roadway crossing improvements will be borne by the public
9 sector to a substantial degree, some estimates are 80 percent public to 20 percent private
10 funding;
11 . The financial burden faced by the public sector to deal with mitigation improvements, a
12 cost that the Surface Transportation Board (STB) is not requiring the private sector to pay;
13 . The issues associated with the length of trains moving through communities;
14 . Liability associated with whistIeblowing ordinances; and
15 . Pre-emption oflocal authority to regulate railroad activities.
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17 Response: The private sector must be required to pay a greater share of the
18 improvements that benefit their industry. The public sector should not be expected to
19 underwrite the costs of improvements sought by the private sector. The state and
20 federal government must participate in adequately funding the mitigation of the
21 negative impact of railroads on 10caJ government and its citizens. The federal
22 government must exercise greater oversight of the STB to ensure that fair and equitable
23 solutions are reached when dealing with cities in Minnesota.
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2S LE-21. Access Management & Plat Approval
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27 Issue: Increasingly, the state and some counties express a desire to exercise more control
28 over state and county roads that lie within city boundaries. Some counties have introduced
29 legislative proposals requiring county plat approval before projects may move forward. The
30 Department of Transportation has studied the issue of access management, and is developing
31 a guidance document to establish minimum standards before new access points onto roads
32 will be allowed. The League has published educational articles designed to highlight the
33 importance of county and state involvement when cities are involved in planning decisions
34 that will allow new development to access roadways.
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36 Response: Cities support maintaining plat approval authority with each
37 municipality for all plats located within cities. Cities do not support extending county or
38 state authority over plat approval. However, significant advantages can be gained by
39 using a coordinated review process, already existing in state law, between cities and
40 other affected units of government. Such advantages include better overall land use
41 planning, site designs, and traffic management. In addition, cities support the concept
42 of statewide access management guidelines that can be used in a coordinated review
43 process.
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LE-22. Right of Way Management
Issue: Cities have fundamental responsibility for managing the safe and convenient use of
public rights of way. Cities hold local rights of way in trust for the public as a limited and
valuable asset. As demand for right of way use increases, cities must continue to have clear
authority to allocate and coordinate that resource among competing uses. Local management
responsibilities vary and are site specific, underscoring the importance of upholding local
authority to establish fees and standards and to obtain fair and reasonable compensation by
telecommunications right of way users.
Response: State government must:
. Uphold local authority to manage and p-:-otect public rights of way, including
reasonable zoning and subdivision regulation and the exercise of local police powers;
. Recognize that municipal engineering has a paramount role in development and
implementation of construction and safety standards;
. Support local authority to require full recovery of actual costs of managing use of
public rights-of-way;
. Continue existing local authority to collect franchise fees and capital support for
public, education and government (pEG) access and programming and to require
provis~on of institutional networks (I-Nets) from providers of multi-channel video
progranrnmdng;and
. Maintain the courts as the primary forum for resolving allegations by
telecommunications service providers of arbitrary or capricious city management
policies and practices.
LE-23. Effective Telecommunications Competition
Issue: Consumers need protection in the transition to a competitive marketplace for
telecommunications services. Local economies can be strengthened by competitive provision
of services to enhance business participation in the global economy.
Response: Federal, state, and local government should coordinate policies to protect
consumers and encourage emergence of local competition.
LE-24. Local Zoning of Telecommunications Facilities
Issue: Federal intervention and restrictions on city zoning authority over the
use of property by telecommunications service providers threaten to pre-empt basic local
land-use regulation.
Response: Federal and state government must uphold the fundamental right of local
government to adopt and enforce zoning regulations reaffirmed in the federal
Telecommunications Act of 1996.
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1 LE-25. Workforce Readiness
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3 Issue: State and federal welfare reform efforts have focused on the importance of the
4 welfare-to-work transition, and have recognized the challenge of ensuring individuals are
5 qualified to work. Cities have an interest in the availability of qualified workers as part of
6 their economic development efforts, and can serve as a catalyst with other public entities and
7 the private sector to address workforce readiness issues.
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9 Response: The Legislature should continue to fully fund the job skiIJs partnership
10 and pathways programs administered by the Department of Trade and Economic
11 Development. Flexibility should be provided to accommodate small companies' needs
12 and provide alternatives to the public training systems.
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15 LE-26. Platting Law Recodification
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17 Issue: The Minnesota Association of County Surveyors (MACS) is seeking to recodify
18 Minnesota Statutes Chapter 505. Two issues raised by MACS that will likely impact cities
19 are the subdivision plat requirements, and the creation and amendment of road right of way
20 acquisition maps.
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22 Response: The Legislature should preserve local authority over plat approval and
23 include language in the recodification legislation that will allow for pedestrian easements
24 or thoroughfares to be dedicated by plat (for sidewalks, public trails, etc.).
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26 LE-27. Economic Development Authorities
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23 Issue: The state's policy regarding economic development authorities (EDAs) has been to
29 limit the specific authority and powers of EDAs to city governments. The state has already
30 determined that city government most efficiently provides governmental services in areas
31 intensively developed for residential, industrial, and governmental purposes. However, in
32 certain areas of the state, cities within a county may wish to participate in the formation of a
33 county EDA
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35 Response: The state should continue to recognize the importance of using and
36 preserving the existing infrastructure in cities, and should continue to find that urban
37 development, and aU related authority, remain within cities and managed by city
38 government. The Legislature should continue its decision to limit EDA authority to
39 cities as the primary local government responsible for the organizational and financial
40 coordination of development and redevelopment unless the cities wishing to participate
41 in a county EDA jointly determine and individually approve the county's provision of
42 economic development services and cities not wishing to participate in the county EDA
43 are not subject to the county EDA's tax levy.
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LE-28. Infrastructure Funding Options
Issue: Current infrastructure funding options available to cities are inadequate. Existing
special assessment law, Chapter 429, does not meet cities financing needs because of the
benefit requirement. The law requires a minimum of 20 percent of such a project to be
specially assessed against affected properties. In practice, however, proof of increased
property value to this degree of benefit can rarely be proven from regular repair or
replacement of existing infrastructure, such as streets or sidewalks. Alternatives to the
Chapter 429 methods for financing infrastructure improvements are nearly nonexistent.
The Legislature has given cities the authority to operate systems for waterworks, sanitary
sewers, and storm sewers. The storm sewer authority, established in 1983, set the precedent
for a workable process of charging a use fe~ on a utility bill for a city service infrastructure
that is of value to all those in a city. Similar to the storm sewer authority, a transportation or
sidewalk system would use technical, well-founded measurements, and would equitably
distribute the costs of local infrastructure services.
Response: The Legislature shouJd authorize cities to create, as a local option,
additional systems such as a transportation or sidewalk system. Such authority would
acknowledge: the effects of repeated levy limits and the general funding shift from the
state to local governments for building and maintaining necessary infrastructure; the
benefits to all taxpayers of a properly maintained public infrastructure; and the
limitations of existing speciaJ assessment authority.
IMPROVING SERVICE DELIVERY
SD-1. Redesigning and Reinventing Government
Issue: Every level of government is reevaluating, reprioritizing, redesigning, and
renewing its organizational structure and programs in response to financial realities and
citizens' needs and problems. Reforms, however, must be more than change for the sake of
change, or a reshuffling of existing programs to appease the electorate. To be meaningful,
reorganization and reassignments of governmental entities and services should save money
where feasible, deliver improved services, serve essential needs, and be equitably structured.
Cities have and will continue to pursue the use of cooperative agreements, the reevaluation of
city programs and services, and changes to organizational structures.
Response: The federal, state, and county governments should:
. Ensure that in redesigning, reinventing, or reassigning government services and
programs that the appropriate level of service to citizens is evaluated, and citizen
demands and expectations are adequately addressed;
. Promote local efforts through incentives, rather than mandates;
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1 . Communicate and establish a process of negotiation before shifting responsibility for
2 delivering services from one level of government to another, or seeking to reduce
3 service duplication;
4 . Transfer authority for use of revenues dedicated to such programs, or provide
5 appropriate and adequate alternatives;
6 . Identify and repeal programs or discontinue services that are no longer necessary, or
7 which can readily and fairly be provided by the private sector; and
8 . Employ existing government entities in redesign efforts rather than create new
9 agencies or units.
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11 SD-2. Unfunded Mandates
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13 Issue: The cost of federal and state mandated programs substitute the judgment of
14 Congress, the President, the Legislature, and the governor for local budget priorities. These
15 mandates force cities to reduce funding for other basic services or to increase taxes and
16 service charges. The passage by the Legislature of reporting requirements for new state
17 mandates, and the passage by Congress of legislation restraining new federal mandates,
18 should help address the problem, but other steps are necessary.
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22 . Existing unfunded mandates should be reviewed and modified or repealed where
23 possible.
24 . No additional statewide mandates should be enacted, unless full funding for the
25 mandate is provided by the level of government imposing it or a permanent stable
26 revenue source is established.
27 . Cities should not be forced to comply with unfunded mandates.
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29 . Cities should be given the greatest flexibility possible in implementing mandates to
30 ensure their cost is minimized.
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32 SD-3. Civil Liability of Local Governments
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34 Issue: One of the barriers to the delivery of governmental services and programs is the
35 exposure of local governments and their officials to civil damage claims. The state has acted
36 to protect itself and its local governments by enacting exceptions and limitations to liability
37 suits, and authorizing self-insurance and other mechanisms to deal with claims allowed by
38 law. Additionally, the current law, which requires district court approval of settlements of
39 claims against municipalities that exceed $10,000, has become burdensome for cities.
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41 Response: The League supports:
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43 · Creating an exception to municipal tort indemnification law (~IN Stat. Sec. 466.0i)
44 where an employee is defended and indemnified for claims under a contract of
45 insurance carried by the employee.
46 . Extending the protection of the state and municipal tort claims act to quasi-
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governmental entities when performing public services such as firefighting;
. Existing constitutional safeguards for protecting public and private property
interests without any statutory e.~ansion of property rights;
. Eliminating the district court approval of settlements requirement or, in the
alternative, increasing the threshold amount for district court approval of
settlements to $100,000; and
. Clarifying and maintaining the applicability of municipal immunity in various areas
including, but not limited to, park and recreational immunity, including the
e.'"{tension to entities providing a public service that have not traditionally been
included within the immunity (e.g. state trails over municipal utility easements) and
vicarious official immunity, and seeking immunity from claims related to providing
and distributing information from geographic information systems (GIS) pursuant
to the Minnesota Data Practices Act.
SD-4. Environmental Protection
Issue: State and federal environmental programs are improperly designed to meet their
stated goals, and impose an undue burden on local governments because of a lack of federal or
state financial assistance. The refusal to finance these programs by the governments that pass
them has eliminated an essential restraining feature in program design and implementation. In
addition, cities face emerging issues in the areas of drainage, bio-solids, wellhead protection,
and feedlots.
Specific problems include:
. New programs or standards are continually adopted without regard to the existence,
attainability, or cost of existing programs and standards.
. The failure of regulatory bodies to consistently use good science and the most current and
accurate data when establishing water quality standards.
. Fragmented program adoption and implementation does not ensure prioritization of
environmental matters or the establishment of comprehensive environmental protection
strategies.
. "One size fits all" implementation of programs force remedial efforts by local
governments for nonexistent environmental problems.
. Permit fees and other cost transfer elements of federal and state programs do not provide
an incentive for environmental agency efficiency, policy prioritization, or risk assessment.
Response:
. State agencies must be required to provide local governments with more flexibility in
achieving environmental goals, such as endorsing performance based outcomes and
best-management practices, and these agencies must provide faster approval of
waivers in order to allow municipalities to benefit from greater flexibility.
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1 · Alternative wastewater treatment and cooperative service systems should be
2 prohibited from operating in areas that can reasonably and effectively be served by
3 existing municipal systems unless:
4 . The municipal system is proven to be:
5 · substantially less cost-effective and
6 · substantially less beneficial to the environment; and
7 · The operation of these systems will not create a stranded public investment in the
8 existing system.
9 · A comprehensive effort to consolidate, re1lrganize, and manage state and federal
10 environmental agencies and programs should be undertaken, and a partial or full
11 moratorium on new programs or requirements should be considered.
12 · Permit fees should be limited to 50 percent of the agency's direct operating costs in
13 order to promote efficient agency operation and sufficient legislative oversight.
14 · Sufficient state and federal financial assistance should be provided to comply with
15 state and federal infrastructure requirements, particularly with regard to
16 wastewater, stormwater, and drinking water facilities.
17 · l\1Iinnesota Statutes ~ 11SA.32-39 should be amended to reinstate the administrative
18 procedure used for the resolution of bio-solids disputes, a procedure whose function
19 was inadvertently deleted during a re-codification of the statutes. In addition, local
20 governments in Greater Minnesota should be allowed to dispose of bio-solids in
21 manners consistent with the MPCA's permits and rules and be prohibited from
22 imposing blanket moratoriums on land application of bio-solids. This authority
23 would be similar to the statutory protection enjoyed by metropolitan area
24 communities (l\'1N Stat. 9 473.516).
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26 SD-5. Election Issues
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28 Issue: Delays and lack of funding at the state level have prolonged the wait for cities to
29 have direct access to the statewide voter registration system. Lack of access increases the
30 time and cost to process new voter registrations, update voter files and verify voter
31 information in a timely manner.
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33 RespolZse: The Legislature should provide funding to allow more cities direct access
34 to the statewide voter registration system.
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36 SD-6. Local Election Authority
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38 Issue: Previous legislatures restricted city authority to schedule city elections and
39 establish terms of office for local elected officials thereby diminishing regard for the role of
40 local self-government, particularly when state policy preempts home rule authority governing
41 city elections.
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44 length of terms city elected officials may serve, particularly when those terms haye been
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established by voters in home rule charter cities. State policy on uniform elections
should continue to recognize and uphold local authority to schedule city elections in
November of either even- or odd-numbered years.
SD-7. City Costs for Enforcing State and Local Laws
Issue: Cities experience substantial costs enforcing state and local laws, particularly those
related to traffic, controlled substances, and incarceration of prisoners. The current method in
our criminal justice system of recovering costs for law enforcement and prosecution through
fines is insufficient to meet the costs incurred by local governments.
Response: The Legislature should review this issue and adopt measures that provide
for complete reimbursement of the costs incurred by local governments in enforcing
state and local laws. Solutions that should be considered include the following:
· Increasing fine amounts;
· Removing or modifying county and state surcharges that conflict with cost recovery
principles; and
· Requiring the defendant to pay the full costs of enforcement and prosecution as part
of any sentence.
SD-8. Access to Information Technology and Services
Issue: Cities recognize the importance of achieving world class standards and universal
service in order to provide quality education and opportunities for local businesses and
industry to engage successfully in global competition.
Response: The Legislature should:
· Expand and ensure the public's access to government meetings and information
through electronic means; and
· Provide technical and financial assistance to make advanced technologies available
and encourage collaboration among cities, schools, and libraries, health care,
nonprofit organizations and businesses in its effective use.
SD-9. Design-build
Issue: The standard bid procedure cities are required to use in selecting contractors for
municipal buildings can be quite costly. Private sector development uses a process known as
"design-build" in which various firms submit project proposals that include both a design and
the construction costs for that design. The selection is then based on the total package. By
granting specific statutory authority to use the design-build alternative to the Metropolitan
Sports Facilities Commission and state agencies, including the Department of Revenue, the
Legislature has recognized the financial savings it can provide. In documented instances,
cities have saved taxpayers up to 10 percent of the total project cost by using the design-build
alternative.
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I The design-build process also permits improved project management and oversight.
2 However, absent statutory authorization to use this alternative, cities are vulnerable to
3 lawsuits from unsuccessful bidders. In addition, the design-build process for playground
4 equipment can encourage greater creativity while maintaining cost controls. Special
5 legislation was enacted for the city of Chanhassen in 1995 to experiment using this process
6 for purchasing playground equipment.
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8 Response: The Legislature should authorize an extension of the design-build
9 procedure to cities as a less expensive alternative to the standard bid procedure.
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11 SD-IO. Providing Information to Citizens
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13 Issue: To keep the public updated and informed, state law requires local units of
14 government to publish various notification documents in newspapers, and often dictates which
15 newspapers receive cities publication business. The number and variety of d~cuments
16 required to be published and the costs of publication are burdensome. Technological
17 advancements have expanded the ways government can provide information to citizens. In
18 many cases, these new technologies are more efficient and cost effective.
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20 Response: Cities should be authorized to take advantage of new technologies to
21 increase the dissemination of information to citizens and potentially lower the associated
22 costs. Specifically, the Legislature should authorize local units of government to
23 designate aD appropriate daily/weekly publication, elect alternative means of
24 communication such as city newsletters, cable television, and the Internet, and expand
25 the use of summaries where information is technical or lengthy. Additionally, the
26 Legislature should eliminate outdated or unnecessary publication requirements.
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28 SD-l1. Creating a Minnesota GIS Program
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30 Issue: Local governments are finding geographic information systems (GIS) an essential
31 tool for comprehensive land use, real estate, environmental, and other land management
32 information. In many counties, maintenance of official land records has not been automated,
33 creating a barrier to GIS development. In addition, the start-up costs of GIS implementation
34 can be prohibitive.
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36 Respollse: The Legislature should encourage local government implementation of
37 GIS through grants and/or the dedication of a revenue source such as real estate
38 transaction fees. In addition, cities should be involved in the development of county
39 land records modernization plans.
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41 SD-12. State Regulation of Massage Therapists
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43 Issue: The state does not currently regulate massage therapy, an emerging and rapidly
44 growing profession. In order to control prostitution and to provide for health and sanitation
45 standards, several cities have entered the traditional state domain of health-care licensure by
46 enacting ordinances that require all massage therapists to obtain a local professional license.
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These ordinances allow local law enforcement officers to differentiate between legitimate
massage therapists, who have a city license, and prostitution businesses fronting as massage
therapy establishments.
The lack of statewide regulation of massage therapists has hampered law enforcement
techniques, and has caused problems for cities attempting to regulate an entire health-care
profession without any statewide standards. Currently, 25 states regulate massage therapists
on a statewide level. Statewide regulation of massage therapists would provide a clear set of
educational standards that massage therapists must meet, and would provide local law
enforcement agencies with an easy tool to distinguish between prostitution and legitimate
massage therapy. Statewide regulation would not disturb traditional powers over land use and
business licensure.
Response: The League supports the statewide regulation of massage therapists in
order to aid local law enforcement efforts at controlling prostitution and other criminal
activity.
SD-13. Private Property Rights and Takings
Issue: The Legislature has been introducing an increasing number of bills designed to
diminish or control local governments' ability to exercise traditional planning and zoning
authority. Legislation to control cities' abilities to perform regulatory acts such as shooting
range zoning and amortization received strong support from legislators. In addition, bills
have been introduced to codify the property rights section of Minnesota's Constitution.
The Federal Swamp Buster/Sod Buster programs, the Army Corps of Engineers' dredge
and fill programs, and the State's Wetlands Conservation Act and Community Based Planning
Act, appear to be the nexus for much of the property rights and takings legislation proponents.
The League supports local governments' ability to balance the rights of private landowners
with the interest of the public. However, the League is concerned various legislative
initiatives will adversely impact cities in two ways. First, such legislative initiatives
undermine the fundamental authority of cities to protect the public health, safety, and welfare
of its citizens. Second, if the Legislature acts to codify part of the Minnesota Constitution, an
argument may be made that the Legislature intended to create new causes of action against
cities. This would encourage more lawsuits and expose cities to the expense of defending
those cases.
Respol1se: The League encourages the state and federal governments to improve
their regulatory programs by eliminating property rights issues that were caused by the
adoption of such laws as the Wetlands Conservation Act or Swamp Buster/Sod Buster.
The League opposes legislation that diminishes the ability of cities to act in the best
interests of the health, safety, and welfare of its citizens or that creates the possibility of
additional lawsuits against cities.
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1 SD-14. Construction Codes
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3 Issue: Each year the Legislature addresses construction codes issues that have some
4 impact on local governments. The Legislature mandated bleacher safety legislation and is
5 exploring the idea of having both the fire and building officials approve building permits.
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7 In addition, the Construction Codes Advisory Council has indicated it may be
8 recommending legislation to institute an appeals process for disagreements over the
9 application or interpretation of various construction codes and to establish a statewide
10 building code. The International Organization for Standardization (ISO) has been_evaluating
11 Minnesota's building codes and enforcement. There is some expectation on the part of
12 council members that ISO will act as the catalyst for a statewide building code.
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14 While all cities must enforce certain codes, such as the accessibility code. the electrical
15 code and the bleacher safety code, the state's building code remains a local option for cities
16 outside the metropolitan area. Many Greater Minnesota cities have adopted the state building
17 code and all cities within the seven-county metropolitan area are required to adhere to the
18 state building code.
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20 Response: A building code provides many benefits including uniformity of
21 construction standards in the building industry, consistency in code interpretation and
22 enforcement, and life safety guidance.
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24 A statewide-enforced building code may have benefits, but requiring it would result
25 in an unfunded mandate. The enforcement of a building code can be cost prohibitive for
26 many cities due to the expenses and overhead related to staffing vs. the limited building
27 activity occurring in some communities.
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30 mandatory enforcement at the local level. The adoption of an enforced state building
31 code should remain a local option for municipalities outside the seven-county
32 metropolitan area, unless the state fully funds the costs of enforcement and inspection
33 services necessary to enforce a statewide building code. In the event the Legislature
34 requires an enforced statewide building code, local governments must have the option to
35 hire or select a building official of their choice and setting the appropriate level of
36 service, even if the state fully funds code enforcement activities.
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38 An appeals process would provide an excellent forum to resolve code disputes.
39 To the extent the insurance industry is concerned about insuring structures not built
40 to code, the industry should drive code compliance by issuing policies or setting rates
41 based on whether the structure meets various code requirements.
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43 SD-15. Fees for Service
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45 Issue: Interest is increasing at the Legislature and among interest groups to mandate to
46 local governments specific fee limitations for various municipal services. Examples of
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legislation include building pemrit fee legislation and coin operated amusement machine
license fee legislation, both designed to rigorously control local fee setting authority. This
stems, in part, from a belief of some that plan check fees, license fees, and other municipal
fees for service do not reflect the actual benefits received.
Additionally, other groups have begun discussing the value of fees for providing services.
Recently, the Citizens Jury explored the value of fees for service and gave limited
acknowledgment of the value fees may have in providing core municipal services. The media
has entered the discussion, as well, urging the public and policy makers to monitor fee-setting
processes.
Response:
While the state has a role in providing a general statewide funding policy, the state
should not interfere in the simple budgetary decision-making functions performed by
cities.
The League supports the Legislature endorsing local government authority to charge
fees that are reasonably related to the cost of providing the service, permit, or license
and acknowledging there are other associated costs inherent in the provision of those
services, permits, or licenses.
However, cities oppose any move to legislate specific methods to pay for municipal
services or place caps on license fees or other fees. General services such as permitting,
inspections, or enforcement are best funded out of a city's general fund. Cities are
better prepared than the state to make local budgetary decisions when providing local
services.
SD-16. Board of Firefighter Training
Issue: The quality, availability, and affordability of firefighter training varies greatly
across the state. After several years of discussion, the fire service has endorsed a proposal to
create a state board of firefighter training to ensure the quality of training and oversee state
reimbursement of a portion of training costs. The board would not be given authority to
mandate specific training requirements or to certify firefighters.
Response: The League supports the fire service proposal as long as local
governments are fairly represented on the board; the powers and duties of the board are
not expanded in a way that would undermine local management authority; and the
appropriation comes from the state general fund.
SD-17. Witness Fees
Issue: Court administrators are proposing that the Legislature shift the costs attributable
to calling witnesses from counties to cities. The rationale behind this proposal is that city
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2 testify. Most counties currently receive one-third of the fines collected at the city level.
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4 Response: Cities oppose the shifting of costs attributable to calling witnesses from
5 counties to cities. City prosecutors responsibly call only those witnesses they expect to
6 testify. Under certain circumstances, witnesses may not ultimately provide testimony for
7 a variety of reasons. The fine revenue counties receive adequately funds the costs
8 attributable to calling witnesses.
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10 SD-18. State Appropriation for Government Training Service (GTS)
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12 Issue: In 1977, the Government Training Service was created in order to provide a
13 coordinated response to the training needs of state and local governments. GTS was charged
14 with coordinating the needs of the state, cities, counties, townships, and school districts, with
15 the delivery capability of the state's institutions of higher learning and other continuing
16 education service providers.
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18 State financial support of GTS is important. Many cities and other local governments find
19 it difficult to adequately fund official and staff training. GTS provides a cost -effecti ve
20 mechanism for taking advantage of the efficiencies of cooperation.
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Response: The League supports the state general fund appropriation for the
Government Training Service.
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25 SD-19 . Year 2000 Issues
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27 Issue: Despite cities' best efforts to take reasonable actions to address threats to vital
28 services, local officials need to be able to rely on the readiness of state government to respond
29 with additional resources and financial assistance, if necessary, to limit threats to local public
30 health and safety or to local economies where unexpected Y2k-related problems cause serious
31 disruptions. Cities have worked to resolve complex Y2k problems over the last year, but
32 some cities have found it necessary to expend substantial additional resources to convert or
33 modify critical service delivery systems to overcome potential Y2k-related emergencies.
34 Cities that have borrowed extensively or issued debt to meet those needs may find that such
35 obligations place significant fiscal strains on local tax resources.
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37 Response: State agencies and the legislature should be prepared to grant cities
38 additional emergency financial assistance and other resources during the coming year to
39 help local officials restore vital public services or to assist the community in overcoming
40 the loss of critically needed business, he:Jlth care, educational or other functions.
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41 SD-20. New Public Safety Spectrum Needs
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.1.1 Issue: Cities have benefited from successful efforts at the federal level to gain access to
.<15 exclusive radio and wireless communications capacity for state and local public safety
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space set aside by the Federal Communications Commission (FCC) at the upper end of the
UHF television band for public safety. For future interoperability, cities will need additional
spectrum to ensure public safety agencies can communicate with each other and with
surrounding jurisdictions.
The U.S. Department of Commerce and the FCC Public Safety Wireless Advisory
Committee have recommended reallocation of 3 MHz of radio spectrum in the range of 138-
144 MHz radio band be made available exclusively for state and local public safety
interoperability. This spectrum is currently assigned for military use and is not currently in
use. Unless secured for public safety purposes, it is likely to be auctioned off to the highest
bidder for private use. The radio band available is adjacent to the current MHz band used for
fire, police, and other public safety communications and would provide particularly good
frequencies for mobile/portable radio system communications.
New spectrum in the 800 MHz range requires many more sites to cover the same
geographic range and uses more expensive radio equipment. Although many public safety
agencies are moving to new 800 MHz systems, others will need to remain in lower frequency
bands. Equipment in 800 MHz range will not communicate with many of the existing public
safety systems that operate at lower frequencies.
Response: The federal government must make additional spectrum available to
allow public safety agencies that require multi-agency communications to respond to
accidents, disasters, and criminal activity that cross jurisdictional boundaries. So that it
will not be auctioned, the 3 MHz available for reallocation for public safety should be
reserved to relieve congestion on nearby public safety frequencies.
Immediate action must be taken to secure this additional radio spectrum to advance
the interoperability of public safety communications systems.
SD-21. Joint & Several Liability Reform
Issue: Under joint and several liability, a party named in a lawsuit can be held liable
for an entire damage award even if they are not found to be substantially at fault.
Accordingly, cities as "deep pockets" often are brought into lawsuits where it is likely that
other named defendants are uninsured or otherwise unable to pay. Cities will often settle
these cases due to the high degree of exposure and, at minimum, are almost always
responsible for their defense dttorney's fees. Joint and several liability results in cities paying
for others' negligence.
Response: The Legislature should eliminate or severely restrict the application of
joint and several liability to situations where private and public entities are substantially
at fault for the damages incurred.
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1 SD-22. Official Newspaper Designation
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3 Issue: State statutes currently provide a hierarchy that governs which newspaper a
4 city annually may designate as its official newspaper for legal publication. After designation,
5 the city has no ability to change its designation to a newspaper lower in that hierarchy if the
6 selected newspaper makes errors. Errors in publication can adversely affect the city's
7 compliance with the law. For example, if ordinances are not published according to law, they
8 are likely invalid.
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10 Response: The Legislature should authorize cities to designate an alternative official
11 newspaper if their current official newspaper makes significant errors in publication.
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13 SD-23. Competitive Bid Threshold Increase
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15 Issue: Under the uniform municipal contracting law, a city must bid out all purchases
16 of supplies, materials, equipment, rental of equipment, as well as construction, alteration,
17 repair or maintenance of real of personal property when the estimated amount of the contract
18 exceeds $25,000. The law also requires that purchases between $10,000 and $25,000 be let
19 with either sealed bids or through direct negotiation by obtaining two or more quotations.
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21 This law has not been adjusted since 1992 when tlie competitive bid threshold was
22 raised from $15,000. In 1999, the House and the Senate approved and sent to the governor a
23 bill that would have increased the competitive bid threshold to $50,000. However, the bill was
24 vetoed by the governor based on concerns that the threshold increase could increase the risk of
25 unethical conduct and favoritism.
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27 Response: Raising the threshold will not increase unethical conduct and
28 favoritism. Raising the threshold will result in better use of tax dollars by allowing more
29 negotiation in the purchasing process. Therefore, to provide greater flexibility and to
30 streamline the purchasing process, the Legislature should increase the competitive bid
31 threshold.
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33 SD-24. l\tIembership in Watershed Management Organizations
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35 Issue: In 1999, the Legislature enacted a restriction that will prevent city employees
36 from serving on watershed management organization boards. The restriction will prevent city
37 staff, who may have an interest and expertise in watershed management issues from serving
38 on a watershed management board.
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40 Response: Elected city councils have ultimate oversight of the functions of watershed
41 management organizations. The state should repeal the membership restrictions for
42 watershed management organization boards. In addition, the state should provide an
43 exception to the watershed district law to allow cities to recommend individuals who do
4~ not live in the watershed to serve on the watershed district boards when a portion of the
45 watershed is located in the city but no one lives in that area.
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SD-25. Legalization of Fireworks
Issue: Fireworks products can cause serious injuries and fire loss. Fireworks have
been illegal in Minnesota since 1941, and legalizing them would undermine fire prevention
efforts. Legalizing fireworks would increase public safety enforcement, emergency response,
and fire-suppression costs.
Response: The League opposes the legalization of fireworks.
SD-26. Election Judge Appointment
Issue: It is increasingly difficult for local election officials to comply with statutory
requirements that election judges serving at precinct polling places be persons identified as
members of major political parties. The requirement presents a growing concern in obtaining
qualified election judges and a serious obstacle to efficient election administration at the local
level.
Response: The legislature should eliminate election judge appointment criteria
requiring persons seeking appointment as local election judges to designate a political
party.
SD-27. Election Judge Compensation
Issue: People willing to serve as election judges are often discouraged from doing so
because the city is not authorized to accept their service as a volunteer or to contribute their
compensation to local charities or community non-profit organizations.
Response: The legislature should authorize cities to allow election judges to
direct that their pay be donated to a local charity or community non-profit organization
of their choice.
SD-28. Counting Write-In Votes
Issue: Requirements for recording and reporting votes cast for fictitious and
undeclared write-in candidates are unproductive, time-consuming and do not serve to increase
voter confidence in the outcome of the election.
Response: There should be no requirement to tabulate or report write-in votes
cast for fictional or celebrity write-in candidates who have not officially declared their
interest in seeking office. Election judges should be required only to list the name of
each undeclared write-in candidate unless votes cast in that precinct for that candidate
total more than 5 percent of votes cast in the precinct for that office.
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SD-29. Telecommunications Restructuring
Issue: Cities have a unique perspective and role in shaping the delivery of
telecommunications services. While city officials recognize the significance of convergence
in the provision of these services, proposals currently under consideration at the state level to
restructure telecommunications regulation overlook critical functions that cities can more
effectively perform. Cities have a fundamental role in guaranteeing public access to
communications media, fostering a sense of community through the use of
telecommunications, and protecting consumer interests.
In an era of convergence, it is also essential that cities, along with local consumers,
educational and health care institutions, non-profit organizations and businesses be assured
that all telecommunications service providers are held accountable for agreements to provide
those services, uphold service quality and respond to community needs wherever they do
business.
Response: In redesigning state telecommunications policy to address the
convergence in delivery of telecommunications services, state agencies and lawmakers
should uphold local authority in the following areas:
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Cable Issues
. Control over cable franchise provisions such as the collection, retention and use of
cable franchise'fee revenue; public, educational and government (pEG) access and
institutional network (I-Net) commitments and capital funding to support those
activities;
. Carry out responsibilities and provide for resources to handle customer complaints
in a timely manner;
. Agreements with local cable operators to make services available responsive to local
policies and subject to local oversight and governance, including municipal
programming and access to analog and digital channel capacity;
· Direct unfettered access to video channels and bandwidth free of charge to offer
public, educational and community-based information, programming and service
delivery; and
· In the absence of federal regulations that override local decision-making authority,
recognition that cities retain control over whether to require local cable operators to
provide nondiscriminatory access to unaffiliated Internet service providers (ISPs)
when offering telephony, cable modem or information services, including Internet
access.
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General Telecommunications Issues
State policy should assure that telecommunications service providers operating in
:Minnesota are required to meet service quality and performance standards that treat all
areas of the state equitably in the delivery and quality of services. That policy should
include:
· Encouraging competition and broad deployment of high-speed broadband, cable tv,
wireless, and Internet services;
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. Authorizing cities to provide a full range of telecommunications services either in
public-private partnerships, through joint powers agreements or as sole providers;
. Addressing the particular importance of telecommunications service delivery issues
in rural areas such as the provision of extended local call service areas, consolidated
school district communications needs, and strengthening the network of health care
delivery service providers including local clinics, pharmacies and hospitals;
. Directly involving local government in determining strategies for and any
reallocation of resources; and
. Bringing together state and local government officials on a regular basis to
recommend changes and improvements to regulation to respond to changes in
competition, technology and delivery of telecommunications services.
SD-30. 911 Funding
Issue: As cities struggle to afford to maintain and improve the hardware, software,
and training to provide 911 services, costs continue to rise and many cities are forced to
choose between bearing all costs or making incremental improvements to their systems.
Response: The League supports an adequate state funding source for the
upgrades and modifications of 911 and related systems that will allow cities to provide
effective, reliable emergency communications services.
Personnel, Pensions, Labor Relations & Data Practices
Personnel, Pensions & Labor Relations
Issue: Many state laws increase the cost of providing city services to residents by
requiring city governments to provide certain levels of compensation or benefits to public
employees, by specifying certain working conditions, or by limiting city governments' ability
to effectively manage their personnel resources. For instance, existing state laws limit
governments' ability to effectively address incompetence or misconduct of city employees
specifying certain procedures to be followed or standards of conduct.
Response: The state government should refrain from passing laws that regulate
the public sector workplace, and should repeal or modify problematic existing laws and
regulations to encourage full local accountability.
The League of Minnesota Cities proposes the following initiatives and reforms:
PP-l. Veterans' Preference
. The Legislature should conduct a study of Minnesota's veterans' preference law to
determine its effectiveness and efficiency in light of today's employment laws,
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1 statutes, and regulations. Minnesota's veterans' preference protections were created
2 at the turn of the 1911I Century. These protections were designed to assist veteran
3 employees at a time when Minnesota's and the federal government's labor and
4 personnel laws were in their infancy. It is likely the Legislature will find parts of the
5 law will need modernization.
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7 PP-2. Discipline and Discharge
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9 · Veterans' Preference. The state should modify veterans' preference and civil service
10 laws that restrict the ability of local governments to effectively discipline public
11 employees. The Legislature should amend the law to:
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13 . remove the right to multiple, duplicative disciplinary proceedings;
14 · limit any back-pay claims to a maximum of $100,000;
15 · limit the period in which to request a hearing to 14 days (from the current 60
16 days);
17 · exclude probationary period employees from veterans preference termination
18 law protections;
19 · require parties to select their hearing panel representative within 10 days after
20 notice has been given to the employer ~at the veteran employee is seeking a
21 veterans' preference hearing; and
22 · require the panel to hear the petition within 30 days after the third panel
23 representative is selected and issue a decision within 30 days following the
24 hearing.
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26 PP-3. Compensation limits
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28 · The state should acknowledge that all local governments, not just schools districts,
29 must be competitive in recruiting and retaining upper level management employees.
30 Therefore, the state should repeal laws limiting the compensation of a person
31 employed by a statutory or home rule charter city to the governor's salary. If repeal
32 is not possible, the limit should be amended to be based upon the governor's total
33 compensation level.
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· The state should modify the definition of public employee under PELRA by
removing the existing 14-hour I 67 day requirement and replace it with a definition
in which employees must work more than an annual average of 20 hours per week.
Temporary or seasonal employees should not be included in this definition.
· The state should change public sector bargaining laws to require arbitrators to
adhere to the pay equity law with regard to consideration of internal class
comparisons.
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PP-5. Essential Employees
. Cities must balance the health, welfare, and safety of the public with the costs to
taxpayers. Therefore, the Legislature should carefully e.",amine requests from
interest groups seeking essential employee status under MN Stat. fi179A (PELRA).
The League opposes legislation that mandates arbitration that increases costs and
removes local decision-making authority.
PP-6. Pensions
. The state should revise public employee pension laws to facilitate consolidation of
local pension plans.
. The state should study initiatives to reform and make uniform pension plans for
local government employees without increasing public employer contribution levels
or causing the public employer contribution level to exceed the contribution level
required from employees.
. The state should adjust the eligibility thresholds for public pensions to reflect
inflation, adopt a process for automatic future adjustments, and limit eligibility for
defined benefit plans to employees working an average of at least 20 hours per week.
Current members of defined benefit plans who do not meet the new eligibility
threshold should be allowed to continue participation in the plan until they have a
break in service and full-time elected officials should remain eligible for defined
benefit plans.
. The League opposes special legislation for individual employee pension benefit
increases unless they are initiated and approved by the city council of the impacted
city.
. The state should carefully scrutinize the proposal to increase maximum benefits for
volunteer firefighter pension plans to ensure that the higher benefits appropriately
compare to the benefits of full-time city employees and are necessary to attract and
retain qualified firefighters.
PP-7. Age Certificates I 1-9 Forms
. The federal 1-9 form requires employers and employees to report the same
information required by Minnesota's age certificate. The state should repeal ~IN
Stat. ~181A.06 and endorse the federal 1-9 form to verify age information, and
eliminate redundancy for employers and employees when reporting information.
PP-8. Employer Reference Immunity
. The Legislature should enact legislation that provides limited immunity to cities
when giving accurate written disclosure of information regarding employment
related references. This legislation should not undermine the immunity found in the
Data Practices Act.
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1 PP-9. State Paid Police and Fire lVledical Insurance
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3 · The state should fully fund programs that pay for health insurance for police and
4 fire employees required under MN Stat. ~299A.465, as amended in 1997, for police
5 and fire employees hurt or killed in the line of duty.
6 · The Legislature should clarify whether MN Stat. ~299A.465 applies to injuries
7 incurred prior to June 1, 1997 (the effective date of the law).
8 · The Legislature should clarify the amount of an employer's contribution under l\'1N
9 Stat. ~299A.465 and whether it changes over time.
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11 PP-IO. Breathalyzers
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13 · l\-IN Stat. U81.950-.957 should be amended to permit the use of breathalyzers as an
14 acceptable technology for determining alcohol use. Currently, breathalyzer use is
15 permitted under federal and state commercial drivers' laws. -
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17 PP-l1. Preservation of Local Decision-Making Authority on Employment
18 Related Issues
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20 · The League supports local decision-making authority, and opposes legislation
21 intended to interfere in local decisions.
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23 PP-12. Drug and Alcohol Rehabilitation
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25 Issue: Under MN Stat. ~ 181.953, subd. 1O(b), an employer cannot terminate an
26 employee for a positive controlled substance test without first providing the employee a
27 chance for rehabilitation and treatment. Recently, some cities have been advised that this law
28 applies to "probationary" employees as well as permanent employees.
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30 Respollse: The League supports a legislative change to clarify that the state law on
31 drug and alcohol rehabilitation and treatment does not apply to probationary
32 employees.
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34 Data Practices
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36 DP-l. Public Access to Information
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38 Issue: As a result of 1999 legislation, cities (and other state and local units of
39 government) are required to establish policies and make clear to the public procedures for
40 obtaining access to data classified as government public data.
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42 Respollse: These requirements must accord local officials flexibility to establish policies and
43 procedures that reflect the availability of resources and existing formalS in which inform:uion is m:lint:::.ined and
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DP-2. State Model Policies and Training
Issue: The 1999 Legislature provided funding and directed the Department of
Administration to provide model policies and training assistance to cities in complying with
the Government Data Practices Act (GDP A).
Response: The Legislature must continue to fully fund the on-going costs of
GPDA compliance training and education because there are limited resources at the
local level. The Legislature should also require that local officials be directly involved
in the development and implementation of training activities.
DP-3. Tennessen Warning
Issue: The 1998 Information Policy Task Force recommended changes to existing
statutory requirements regarding local government responsibility to give employees notice of
circumstances in which they may be required to provide information that may be pertinent to
subsequent disciplinary or management decisions that affect them. Changes enacted in '99
addressed only a portion of the issues facing local government employers.
Response: The Legislature should limit compliance with notice requirement to
initial hiring procedures. The initial hiring notice will cover subsequent disciplinary or
other personnel-related actions that are likely to adversely affect the individual's
employment status.
DP-4. Government Data Practices Act Recodification and Conformance
Issue: The 1998 Information Policy Task Force recommended that the Legislature
Eliminate statutes inconsistent with the nomenclature and philosophy of the Government Data
Practices Act (GDP A); however, the '99 Legislature did not act on those recommendations.
Response: The Legislature should examine statutes inconsistent with the
Government Data Practices Act and require the input of local government before
eliminating or modifying provisions to conform to state information policy.
DP-5. Alternative Dispute Resolution for Violations of Government Data
Practices Act
Issue: In some circumstances, local government compliance with the Government
Data Practices Act is hampered by fears of punitive legal action against public employees
responsible for responding to requests for information while also protecting data classified as
private or non-public.
Response: The Legislature should limit current damage award requirements for
willful violations of the GDPA. Public employees and employers should be encouraged
but not limited to using alternative dispute resolution in resolving such disputes.
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1 DP-6. GDP A Compliance in Contracting
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3 Issue: The '99 Legislature imposed requirements on the private sector to comply with
4 the Government Data Practices Act when under contract. Despite assurances to the contrary,
5 testimony in support of these new requirements generally supported imposing these
6 obligations whenever government contracts with the private sector to provide public services.
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8 Response: The Legislature should clarify that the '99 changes in GDP A
9 requirements for access to public government data pertain solely to the contract product
10 delivered by the private sector.
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12 DP-7. Acquisition of Electronic Surveillance Devices
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14 Issue: The '98 Information Policy Task Force recommended that cities Omd other
15 local units of government) be required to report to the State when acquiring e.1ectronic devices
16 that improve the capacity to conduct surveillance - other than for compelling public safety
17 reasons.
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19 Response: The Legislature should require the involvement oflocal units of
20 government in the development of recommendations for modifying current state policy.
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23 IN ADDITION TO THESE STATE REFORMS AND INITIATIVES,
24 THE LEAGUE SUPPORTS THE FOLLOWING POLICIES REGARDING
~ FEDERAL EMPLOYMENT LAW:
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27 FED-I. FLSAlOvertime Compensation
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29 · The Fair Labor Standards Act (FLSA) was designed for private employer - employee
30 relations. Government employees were exempt for over 100 years. Through a series
31 of court decisions, this statute is now applied to local governments. The exception
32 for state and local government employees should be reinstated by statute.
33 FED-2. Peace Officer Bill of Rights
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35 · Congress should oppose a federal peace officer bill of rights because it will only
36 compound the difficulties with internal investigations, local enforcement and
37 diminish local accountability.
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39 FED-3. Portability of Deferred Compensation
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41 · Public sector employees are increasingly changing jobs between the public and
42 private sectors. Congress should enact legislation that would permit tax deferred
43 rollovers between public and/or private deferred compensation plans to improve the
44 portability of funds.
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Electric Deregulation
Introduction: Cities have a strong interest in the public policy debate about electric
restructuring or deregulation. Minnesota already enjoys some of the lowest average electric
rates in the nation. The case has yet to be made that deregulation will result in either lower
rates or improved service for consumers.
Issue: For many decades, electric service to Minnesota citizens has been delivered
through a combination of investor-owned utilities (IOUs), municipal utilities, and rural
electric cooperatives. This system has served Minnesota well, delivering reliable, universal
service at rates among the lowest in the country.
In recent years, many have begun to promote "deregulation" or "restructuring" of the
industry, meaning that electric service would no longer be a franchised monopoly. A number
of states, primarily those with high electric rates, have taken steps to move toward such
restructuring. In most of these cases, transmission and distribution remain regulated, with
retail competition allowed for generation source.
Advocates of restructuring argue that such competition will lead to lower rates.
However, estimates by the federal Energy Information Agency* are that while the upper
Midwest, including Minnesota, will experience slightly lower rates in the short-term, longer-
term rates may actually be higher under deregulation. Concerns have also been expressed as
to whether residential customers, and those in rural and other harder-to-serve areas will
actually experience decreased reliability and increased rates.
Local elected officials have the primary responsibility to the citizens of their cities to
make certain restructuring that allows retail competition is as beneficial to the citizens as
it is to the industry. Beneficial to the citizen means that all Minnesotans experience the same
reliable, high-quality, universal, and low-cost service they experience under the current system
of electric power delivery.
City residents have a strong interest in the outcome of this important public policy
debate. Cities are substantial consumers of electric power. Over 180 cities have 10 percent or
more of their property tax base in electric industry property, while others collect franchise fees
and/or sales taxes on electric purchases within their boundaries. Citizens in 126 Minnesota
communities currently receive economical electric service from municipal utilities, which
make payments-in-lieu of taxes to help support city services. Significant increases in the cost
of electric power for city operations or losses of these traditional sources of revenue will result
in property ta,,< increases.
Response: The federal government should not mandate restructuring; the
decision should be left to the states.
* EIA is the nonpartisan research arm of the U.S. Department of Energy
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I The Legislature should follow a slow, deliberative approach, taking time to
2 consider how alternative models for delivering electric power will affect the state's
3 traditional benefits of reliable, universal, high-quality and low-cost service. The public
4 policy discussion should be focused on actual benefits to citizens, rather than on
5 ideological arguments, stakeholder interests, and over-reliance on simplistic objectives
6 like "consumer choice." Those advocating a change should bear the burden of proof to
7 demonstrate that restructuring and deregulation will, at a minimum, maintain
8 l\tfinnesota's high-quality, low-cost, and reliable service. Only when that burden of
9 proof has been met should restructuring occur.
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11 The following public policy goals should be incorporated into any legislation
12 restructuring the electric industry:
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14 Adequate Supply and Demand
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16 The states's current generation and transmission capacity is inadequate to meet
17 projected future needs. No new significant capacity has been built since the 1980's
18 (Sherco 3). Current regulatory and other governmental policies serve as a disincentive
19 to meet customer demand. The state should review and amend these policies as
20 necessary to encourage development of adequate capacity and reliability.
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22 Consumer Protection
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24 Consumer interests must continue to be protected, especially for the most
25 vulnerable populations. Reliable service must be universally available and programs
26 such as cold-weather shut-off rules sf! _ .dd be continued either as requirements for all
27 market participants or as separate st..te programs.
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29 Environmental Concerns
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31 The environment must be adequately protected, with conservation and renewable
32 energy efforts maintained. The federal government must review the appropriateness of
33 current environmental regulations and their effect in a deregulated market; for
34 example, exemptions from the Clean Air Act for some generation facilities.
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36 Fair l\tIarket Competition
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38 To ensure fair market competition, the federal and state governments must have
39 the authority to review mergers to prevent abuse of market power.
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41 Cities must remain viable competitors in the electric market. Municipal utilities
42 must be granted exemptions from rules like the open meeting law and data practices
43 requirements where they hamper the ability to effectively compete with private
44 companies. To ensure adequate service to every citizen, cities and other local
45 goyernments must maintain their ability to issue tax-exempt bonds for construction of
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electric infrastructure, and be given explicit authority to aggregate or municipalize
provision of electricity.
Local Authority
Cities must maintain their traditional authority over land use, zoning, rights of
way management and cost recovery, as well as the ability to franchise providers and to
receive payments-in-lieu of taxes from municipal utilities. Cities' authority to negotiate
siting fees and agreements for proposed generating facilities should be enhanced.
To avoid unnecessary demand for the limited space in public rights of way, open
access to transmission and distribution facilities should be maintained through
regulation.
As the electric market is opened to interstate competition, the federal government
must preserve the application of Minnesota's state and local sales taxes to the sale of
electricity, regardless of the place of origin.
Stranded Cost Recovery
Issue: Regulated utilities have traditionally made operating decisions based on needs
of consumers within their service territories. Many decisions, therefore, have been based
more on need than on economics. In the transition from a regulated to a restructured
competitive environment, electric generators' investments in fixed assets and other obligations
mayor may not remain as economically viable. Estimates of these "stranded costs" vary
greatly, with some indicating no stranded costs or possibly even negative stranded costs
resulting from increased prices after deregulation :n Minnesota.
Response: If regulatory actions have contributed to investment by existing
regulated utilities that are not economically viable in a competitive market, and if
restructuring occurs, the League supports transition mechanisms that will allow utilities
to collect revenues for those particular stranded costs. However, these charges must be
carefully monitored to ensure that only eligible and verifiable costs are covered and that
over-collections do not occur. Taxpayers and ratepayers should not be expected to cover
the cost of investments that were made for business reasons, apart from the requirement
to serve under the regulated system.
If negative stranded costs for the regulated utility as a whole can be established,
and are solely the result of transition to a restructured environment, these regulated
utilities should be required to contribute some limited percentage of established amounts
to offset tax breaks given to these utilities as a result of restructuring.
Property Tax
Issue: Part of the discussion regarding possible deregulation of the electric power
industry has centered on electric utility taxation. Proponents of deregulation assert that if
effective free market competition is to replace governmental regulation, state tax policy must
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1 be changed. The main focus of the Investor Owned Utilities (IOUs) so far has been removal
2 of the attached machinery or personal property tax. Utilities subject to the tax argue it places
3 them at a competitive disadvantage to Don-Minnesota companies, rural electric cooperatives
4 (co-ops), and municipals. However, accQrate comparisons of tax burden are difficult, as other
5 states use completely different taxing systems. Additionally, co-ops and municipals do pay
6 direct taxes on some of their property and indirectly when they purchase wholesale power
7 from sources that are taxed, such as IOUs. Municipals make substantial payments-in-lieu of
8 taxes.
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10 Utility personal property can be a significant portion of the local tax base in all cities.
11 Most obviously affected are cities that have power plants; however, transmission and
12 distribution equipment account for over half of the personal property taxes paid by the IOUs
13 and exist in nearly every city. Replacing the revenue that would be lost to cities, counties,
14 school districts, and other local taxing jurisdictions is a stated goal of the IOUs; however, the
15 mechanics and funding sources of such a replacement revenue would be difficult to develop
16 and administer, and could be subject to reductions or elimination over time. Furthermore,
17 replacement revenues or aids may not fully address the problems created by a large tax base
18 reduction.
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20 Response: Cities oppose proposals for exempting the IOUs from the personal
21 property tax, apart from the decision to restructure the electric industry in Minnesota.
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23 If and when deregulation occurs, a truly independent review of the overall tax
24 burden should be conducted to determine whether Minnesota utilities are at a
25 competitive disadvantage. If an overall tax disadvantage is identified, the state should
26 correct it. Under no circumstances shCluld local units of government or their citizens be
27 required to shoulder the burden of t "' relief for IOUs.
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FYI
October 28, 1999
STILLWATER TOWN BOARD MEETING
Town Hall
7:00 P.M.
PRESENT: Chairperson Louise Bergeron, Supervisors David Johnson,
Sheila-Marie Untiedt, Jerry Hicks and Ken LaBoda. Also,
Treasurer Warren Erickson, Attorney Tom Scott, Planner
Meg McMonigal and Peace Officer Steve Nelson.
1. AGENDA - M/S/P Hicks/LaBoda moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Untiedt/LaBoda moved to approve the 10/14/99
Stillwater Town Board Meeting minutes as written. (5 ayes)
3.
TREASURER -
1. The 2000, 2001 proposed budgets and levies were presented.
2. September balances were discussed.
3. Checks #13976 thru #13987 and claims #424 thru #441 were approved
for payment.
4.
ATTORNEY -
1. M/S/P Untiedt/Hicks move to authorize that Chair Bergeron and
Clerk Bantli sign the 1999 MN. Releaf Community Forest Health
Grant. (5 ayes)
5. PLANNER-
1. It was decided to approve the comprehensive plan and Zoning
Ordinance at the next meeting.
2. The proposed park plan will be discussed at the December 10,1999
town board meeting.
6. TOWN HALL INFORMATIONAL MEETING - Louise will open the meeting with a
welcome and some background information.
Don Baker will explain the two plans that the board has been considering
regarding the town hall. Copies of the plans will be available for
attendees.
Sheila-Marie Untiedt suggested another plan that could be considered. It
would be to gussy up the town hall for meetings and build an annex next
door for storage, etc.
Residents will be able to ask questions and give input.
7 .
PEACE OFFICER REPORTED RE: -
1. Impounding dogs.
2. Speeding on Stonebridge Trail.
3. Gohlike situation.
8 .
ANNEXATION AREA AFTER BERGMANN DECISION -
s
~
Stillwater Town Board Meeting - 10/28/99
1.
2 .
Attempt will be made to keep up to date on activity so
planning commission can review pertinent items.
Also, the township will be more alert to situations that come up
that may be of concern and discuss them with the City of Stillwater
promptly.
Page Two
the townshe
9. ADJOURNMENT - Meeting adjourned at 9:05 p.m.
Clerk
Chairperson
Approved
.
.
,~
.,
Veterans' Day
Service
An ecumenical service to honor all
of the men and women who have served
and are currently serving in the
United States Armed Forces.
Sunday, November 14, 1999
7 p.m.
Trinity Lutheran Church
115 N. Fourth Street
Stillwater, Minnesota
Guest Speakers:
Chaplain, Major General
Stuart F. Barstad, USAF (Ret.)
Colonel Dean Johnson, Chief
Chaplain for the Minnesota
National Guard and State Senator
For more information call Pastor Norris Erdal,
(651) 439-7400.