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HomeMy WebLinkAbout1999-12-07 CC Packet / . REVISED AGENDA.... CITY OF STILLWATER CITY COUNCn. MEETING NO. 99-26 Council Chambers, 216 North Fourth Street December 7,1999 REGULAR MEETING RECESSED MEETING 4:30 P .::\01. 7:00 P.::\ol. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 1 F mance Director 2 Pohce Chief 3 PublIc Works Director 4 Commumty Dev Director 5 Parks & Recreation 6 City Engmeer 7 City Clerk 8 Fire Chief 9 BuIldmg Official 10 City Attorney 1 I City Coordmator OTHER BUSINESS 1 John Melville, St CrOl~ Valley Athletic Partnership - Sports Complex update and request for fundmg 2 GIS Workshop 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES November 16 1999, Regular Meetmg and Executive Session "nnONS. INDIVIDUALS. DELEGA nONS & COMMENDA nONS OPEN FORUM The Open Forum IS a portion of the CouncIl meetmg to address Counctl on subjects WhICh are not a part of the meetmg agenda The CouncIl may take actIon or reply at the time of the statement or may give dIrectIon to staffregardmg mvestlgatIon of the concerns expressed CONSENT AGENDA * 1 Resolution 99- 338: Dlrectmg Payment of BIlls 2 ResolutIOn Contract '''Ith Gilbert Jansen for weekend/hohday bOIler mamtenance 3 Approval of Central St CroiX Valley Jomt Cable CommUniCatIOns CommisSIon Operatmg and Capital ExpendIture Budget for Fiscal Year 2000 4 Resolution DesignatIOn of depositorIes for 2000 .- 5 Resolution: Settmg salary for admmlstratlve assistant 6 Resolution MembershIp 10 Capitol City RegIOnal Mutual Aid Assoc 7 Resolution Contract With Park ConstructIOn for storm sewer work on Mulberry Pomt 8 Purchase of survey eqUIpment - Engmeermg Dept 9 Resolution Estabhshmg salary retamer and hospital/medical Insurance contrIbution for City Attorne:-. effectIve Jan 1,2000 10 Resolution: 1999-2001 Labor Agreement With Law Enforcement Labor ServIces Employees' Umon. Local 257- Stll1water Pohce 11 Resolution: Valley Co-op Parkmg Agreement _ Res()!utioll: Agreements wlth CourIer News and StIllwater Evenmg Gazette for legal publzcatlOm for 2000 _ ll.e~O!lltlOn Renelwl of contract With Sand Creek Group, Ltd, for employee assistance servIces PuBLIC HEARINGS I This IS the day and time for the Truth In Taxation Pubhc Hearmg Notice of the hearmg \Vas placed 10 the Stillwater Gazette on November 29. 1999 ( City Councll Meetmg 99-26 December 7, 1999 2 TIllS 15 the day and brne for the pubhe heanng to eooslder a request from Tunber Lodge Steakhouse, Ine, for a new. on-sale and'sunday mtoxlcatmg hquor hcense, at 1820 Market Dnve Notice of the hearmg was pubhshed m the StIllwater Gazette on November 30, 1999 I 3 Case No SUP/99-47 This IS the day and time for the pubhc heanng to consider a request from Mamstream Partners, LLC, Tim Stefan, for a special use permit for use of the lower level at 219 North Mam Street for offices/storage/elevator With flood proofing m the CBD, Central Busmess and Flood Plam Overlay DistrIcts Notice of the heanng was publIshed m the StIllwater Gazette on November 26,1999, and notices maIled to affected property owners 4 Case No ZA T/99-7 This IS the day and time for the pubhc heanng to conSider a request from the City of StIllwater for a Zomng Text Amendment regulatmg auto repair uses m Residential Districts Notice of the hearmg was pubhshed m the StIllwater Gazette on November 26,1999, and notices maIled to affected property owners 5 This IS tile day and time for the pubhc heanng to conSider the proposed adoption of the City'S Busmess SubSidy PolIcy under, Mmnesota Statutes 116J 993 through 116J 995 Notice of the hearing was pubhshed m the StIllwater Gazette on November 24, 1999 UNFINISHED BUSINESS 1 Case FSUB/99-59 and FPUD/99-60 Fmal Plat and Fmal PUD approval for Phase I StIllwater Crossmgs (formerly Legends West), located on the northeast corner of County Road 15 and 62nd Street North Petptom, Developer, Ryland Homes, BuIlder (Resolution) NEW BUSINESS 1 Appeal of deCISion of BUlldmg OffiCial for demal of permit at 216 W W Ilkms 2 Request by Church of the Incarnation for lawful gambhng premises permit at Cat Ballou's, . 3 POSSible appomtment to Downtown Parkmg Commission (ResolutIOn) 4 Request by U S West for conveyance of easement over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placetp.ent and operation of telephone system apparatus 5 Appomtment to Middle St CrOIx Watershed Management Organization PETITIONS. 'INDIVIDUALS. DELEGATIONS & COMMENDATIONS (contmued) COMMUNICA TIONS/REOUESTS 1 Request fnom reSidents on Orwell Court N for mvestlgatlon of complIance With buIldmg and zonmg codes at 2248 Orwell Ct N COUNCIL REOUEST ITEMS STAFF REPo'RTS (contmued) It ADJOURNMENT POSSible adjournment to executive SessIOn to diSCUSS pOSSible acquIsition of land * All Items listed under the consent agenda are conSidered to be routme by the City CouncIl and Will be enacted by one motion . There wlll De no separate diSCUSSion on these Items unless a Councll Member or citizen so requests, m which event, the Items be removed' from the consent agenda and conSidered separately , ," ' ** Items m ItalIcs are additions to the agenda 2 .MEMO To: From: Subject: Date: Mayor and CIty CouncIl Klayton Eckles, CIty EngIneer 1999 Budget Carry Over Items December 2, 1999 1Lt:/ Discussion: Over the past several years, Engmeenng and PublIc Works has been In the process ofreorgamzIng our departments, updatIng our eqUIpment and lookIng at ways ofnnprovIng effiCIency One off-shoot oftlns process IS that as the year end approaches, we find that pOll1ons of our capItal outlay scheduled for the past year have not been expended TIns year It appears we WIll agam be plaYIng catch-up on our eqUIpment procurement The followmg IS a lIst of the Items that we WIsh to carry into the year 2000 budget Item Llft StatIon Upgrades Amount $20,000 . One-Ton Truck and Plow $35,000 Note In 1999 we entered mto contracts for the upgrades of the Everett Street, LIly Lake and Myrtle Street LIft StatIons and the A1p1e LIft StatIon usmg the carry over from 1998 m the 1999 budget There , will stIll be over $20,000 remammg We recently had problems WIth the Plzmger's 11ft statIon Therefore, staff recommends to carry over $20,000 of lift statIon Improvement capItal outlay to the 2000 budget TIns truck was Intended to help plow cuI de sacs However, gIven the need to add an addItIonal plow route WIth the expansIon area and potentIal to add addItIonal staff from the parks department to the plOWIng crews, staff IS exammmg our optIOns for plow eqUIpment Therefore, we WIsh to carry over tins Item. Sewer Safety EqUIpment $8,000 The 1999 CapItal Outlay Included $12,500 for sewer eqUIpment We delayed In makmg some of these purchases In order to coordInate WIth the fire department to make thIS eqUIpment avaIlable for rescue purposes as well as safety protectIon systems . Recommendation: Staff recommends that CounCIl modIfy the year 2000 budget to Increase the capItal outlay by the amounts lIsted above . . . MEMO To: From: Subject: Date: Mayor and City Councd J /' Klayton Eckles, City Engineer 4-l:r Update on Deerpath Traffic Volume Project December 2, 1999 Discussion The Councd Will recall that over the course of the summer the PublIc Works Installed a temporary turn lane and dlverter along With the necessary slgnage to restrIct left turns onto Deerpath from OlIve Street The County took traffic counts before and after tlus dIverter was Installed Later thiS Winter staff Will prepare a report on the results of these traffic counts as well as optIons for a permanent solutIon Staff has scheduled the removal of the temporary dIverter TIns temporary structure was Installed In such a way to mlmmlze total expenses It was not deSigned to Withstand normal City plOWing operatIons For CouncIl's informatIon, staffhas scheduled to remove thiS temporary dIverter on Wednesday, December 8, 1999 As CouncIl Will recall, members of the neighborhood were present when It was made clear that tlus was only a temporary solution for expenmental purposes If Councd receives any calls from the neighborhood, they can pass on that staff Intends to present the results of the study wltlun the next eight weeks and staff suggests that the neighborhood be notIfied of the diSCUSSion of these results Recommendation: Staffhas no recommendatIon at thiS tIme, thiS memo IS for InformatIon purposes only . " . . . Memo To Honorable Mayor and CouncIl Members KIm Kallestad, F:re ChIef K r: November 29, 1999 From Date Subject Use of FIre ChIefs car Recently I asked CIty Coordmator KrIesel for permIssIon to use the FIre Clnefs car for travel to and from home, to evemng and weekend meetIngs, and to after-hours calls to fires, etc He recommended I seek CouncIl approval The FIre ChIefs Job Includes evenIng and weekend meetIngs, dnlls, pubhc educatIon events, and responses to sIgmficant or major emergencies As an example, my schedule has Included SIxteen such evemng and weekend events SInce October 1, the latest being a house fire Sunday mormng, November 28th At the Metro FIre Clnefs meetmg today, I conducted a survey of all twenty-one fire departments represented 100% of those departments provide the fire chief a take-home vehIcle or a vehIcle allowance EIghteen provide take-home vehicles and three provide a vehIcle allowance Twelve of the departments surveyed provIde take-home velncles for two or more subordInate fire department officers m addItIOn to the chIef Many of the fire chIefs/officers hve outSIde theIr respective politIcal subdIVIsion and fire response dlstnct CIty of StIllwater Pohcy and Procedures Manual, SectIon 11-14 lists the FIre ChIef as one of the OffiCIalS authonzed to take home a CIty vehIcle Request IS hereby made for the FIre ChIef to use hIS CIty vehIcle as a take-home vehIcle . . . MEMORANDUM TO Mayor and CouncIl FR City Coordmator RE Fees for servIces DA December 3, 1999 DISCUSSIon I am provIding you With a lIst of the fees the CIty has establIshed for certam servIces and for lIcenses and permIts I am gIvmg thIS to you now for your reVIew, only I Will present the lIst of fees to you at the meetmg of December 21 5t for your possIble consIderation at that tIme (along With a recommendatIOn regardmg adjustments to the fees) RecommendatIOn None at thIS tIme ///~ . . . City of Still\vater Fees for Services/Publications PROCESSI~G PER'VIIT REVIE\VS A='D APPEALS. Fees set jl-lay 20,1997 b.v Res. 97-125 .-\oolIcat.on Fee Escrow Comprehens,\e Plan Amendment $500 1-.10 acres $1.000 .i 1-80 acres $1,500 over 80 acres $2.000 1-40 acres $1,000 .1.1-80 acres $1,500 over 80 acres $2,000 0-40 acres $2.000 A.1-80 acres $2.500 o\'er 80 acres $3,000 Zorung Amendment (text or map) $300 Planned Cmt Development (peD) Concept $500 Fmal $500 S ubdl" ISlon Resubdl\'lslonfLand Survey RevIew $100 Prehmmary Plat $100 + $50/10t F mal Plat $250 0-40 acres 41-80 acres over 80 acres $250 $2.000 $2.500 $3,000 CondmonallSFecml Cse PermIt ResldenIlal $50 Aunountdependenton Project locatIon. SIte condItIons and type of development Home OccupatIon C ommercml/Industnal C se Determmatlon $50 $200 $100 VarIance Resldennal $70 AJnountdependenton Project locatlon. site COndltlOnS and type of development Commerclal,Industnal $200 Amount dependent on Project locatIon. SIte condmons and tjpe of de'lelopmem Pag~ 1 of.1 Stllh"ater Cn) Fees 10112,99 C ertIt~c~tlOn of C omphance S100 Aunountdependenton Project locatIon. SHe condItIons and type of development . Des,gn PermIt S.., - -) Aunountdependenton Project locatIon. SIte condItIons and type of development Sign PermIt or., - ..)-) Aunountdependenton Project locatIOn. SHe condItIons and type of development ApI=eals Site AlteratIon Permit De:nolmon Permit Street VacatIon Gradmg PermIt Appeals Perrmt ModIficatIons $25 nla $25 nla $100 nla $100 nla UBC5 525 Same fee as ongmal penrut An escro\v shall be establIshed as mdIcated above to cover enlZ1neenmz and le!Z~1 fees I:!curred bv the CIty as part of the plan re'\lIeW - - - . . 1) The fee shall be doubled for after-the-fact permIt applIcatIons 2) The Umform Buildmg Code establishes a fee schedule for gradmg permIts PCBLI CA TIOi:'iS&II~UTES/AGENDAS: Fees set il-/ay 1, 1988 (exceptzons noted) City Code Book Zonmg Book DO\"TIto\vTI Plan DesIgn Manual Comprehensl've Plan Mar led mmutes - per yeJ.r :'vlaIled agendas - per :e~r CIty of Stllh\ater :'vIap Zonmg MJ.p Proposed Land use :\1ap $50 00 $25 00 $1 0 00 $500 $20 00 $60 00 $20 00 $100 $200 $100 $100 unbound/S 125 bound (set 1997) (set 1995) . PJ.ge 2 ot-+ S tll h~ :Her C It] F e:=s 10/12 99 . . . OTHER SERVICES: Assessment ServIces Dog LIcenses - per :-e::rr Park:ng PermIts - per month CopIes - per sheet LIQCOR & TOBACCO LICE:\fSES: Per: ear On-Sale On-Sale Club On-Sale Sunda~ Off-Sale On-Sale Wine On-Sale Wme \V/Strong Beer On-Sale 3 2 Malt LIquor Off-Sale 3 2% :VIalt LIquor Tobacco PermIt to consume local non-profits $10 00 $500 $10 00 25 $2300 $350 $200 $200 S200 $300 $100 $50 $250 $25 no fee USE OF CITY PARKS A:'iD PICNIC SHELTERS: PIoneer Park Shelter' Weekda: s W eekends/Hohda~ s DeposIt All Other Shelters. \V eekda~ s \Veekends/Hohda: s DeposIt Lo\,\ ell Park Fee Damage DeposIt ReSIdents no fee $25 $35 ReSIdents no fee $,,- -) 535 CommercIal Use $500 $250 pnor to 1990 pnor to 1990 set .Warch 7, 1995 by Res. 95-59 set 1998 St!t Nov. 7,1995, by Ordinance 795 Set January 1,1996 by Ordinance 811 (future changes to be b) resolutIon) Set January 5,1999 by Resolution 99-9 Set Jan. 16, 1996 by Resolution 96-20 N on-ResIdents 525 $75 $35 Non-ResIdents 5., - -) $35 $35 Page 3 0 t 4 1 Od 2,99 Stillwater CIt) Fees POLICE FEES Dog Impound $35 . Dog LIcense 55 Audio Tape Cop~ SIO \j Ideo Tape C op~ $30 State A.ccIdem Repons S5 PolIce Reports $ 5 (1st page 50 each addmonal page) Background check $ 4 per person In-house statIstIcal computer run S10 PARKING FIl\~S: Set by Resolutzon 95-59 on iJ;Iarclz i, 1995 $10 $10 $30 $" - -) any 'V Iolemon not preceded by another parkmg 'VIolatIon the pnor 90 da)is any vIOlatlon preceded by one parkIng vIolanon m pnor 90 da)i s any 'VIOlatlon preceded by two or more parkIng vIolatlons WIthIn pnor 90 day S added to fme m not pmd wIthm five days of issuance . PER'\-IIT PARKING FEES $ 1 0 permIt parkmg per month per vehIcle ($5 per month If after 15:h of month) . Page J. ot 4 ::'ullwater CIty Fees 10/12'99 . . . MEMORANDUM TO Mayor and CouncIl FR CIty Coordmator RE Fees for servIces DA December 3, 1999 DISCUSSIon I am provIdmg you WIth a lIst of the fees the CIty has establIshed for certam servIces and for lIcenses and permIts I am gIVIng thIS to you now for your reVIew, only I WIll present the lIst of fees to you at the meetmg of December 21 st for your possIble consIderatIOn at that tIme (along WIth a recommendatIon regardmg adjustments to the fees) RecommendatIOn None at thIS tIme ~//~ . City of Still\vater Fees for Services/Publications PROCESSI:\"G PER'VIIT REVIE\VS ASD APPEALS: Fees s~t .}lay 20, 199i by Res. 9i-125 .-\nnlIc::u.on Fee Esc:ow ComprehenSl\e Plan Amendment $500 I-d.O acres $1.000 .i 1-80 ac:es $1,500 over 80 acres $2.000 Zornng Amencment (text or map) $300 1-40 acres $1,000 .11-80 acres $1,500 over 80 acres $2.000 Planned ernt Development (peD) Concept $500 0-40 acres $2.000 Fmal $500 d 1-80 acres 52,500 o'Ver 80 acres $3,000 S ubdl\'lslon Resubdi'tIsIon/Land Suney Re'VIew $100 5250 . Preliminary Plat $100 + $SO/lot 0-.i0 acres 52.000 Fmal Plat $250 41-80 acres $2.500 over 80 acres $3,000 Condmonal/Speclal L"se PermIt ResIdential $50 Aunountdependenton Project locatlOn. site conditIons and type of cevelopment Home OccupatIon $50 C ommercml/Industnal $200 Use Determmation $100 VarIance ResIdentIal $70 Aunountdependenton Project locatlon. site COndItlOnS and type of development C ommercml/lndustnal $200 Amount dependent on . Project locatIon. SIte condmons and type of de',e!opment Page 1 at ..!. Stllh\uter eIt)' Fees 10t12/99 C ermlcatIon of ComplIance $100 .~ountdependenton Project loc:mon. sIte condItIons and type of cevelopment . Design PermH <1''') - "'-) Punountdependenton Project locatIOn. SIte condItIons and type of development Sign PermIt <1'/- "'-) Aunountdependenton Project locatIon. SIte condItIons and t:'pe of development Appeals Site AlteratIon Permit DemolItIon Permit S treet VacatIon Gradmg PermIt Appeals PermIt ~loclficat!ons $25 nla $25 nla $100 n/a $100 n'a UBC5 cr'r "'-) Same fee as ongmal permIt An escrow shall be establIshed as mdIcated above to cover emnneenne and leeal fees mcurred bv the Clt:' as pan of the plan reVIev. ~ ~ ~ . . 1) The fee shall be doubled for after-the-fact permIt applIcatIons 2) The Umform Buildmg Code establishes a fee schedule for gradmg permIts PUBLICA TI01'lS&II:'iUTES/AGENDAS. Fees sc!t ll-fay 1, 1988 (exceptIOns noted) City Code Book Zonmg Book DO\.vntown Plan DeSIgn Manual ComprehenSIve Plan Mmled mmutes - per year MaIled agendas - per: ear CltV of SuIl"\ater MaD . . Zonmg Map Proposed Land Use ~I::1p $~ $25 00 $10 00 $500 52000 560 00 $2000 $1 00 $200 $1 00 $100 unboundlS 125 bound (set 1997) (set 1995) . Page 2 of..j. Stllh\ater Cn: Fees 10,1299 . . . OTHER SERVICES. Assessment S~rvlces Dog LIcenses - per ye::rr Parkmg PermIts - per month CopIes - per shee: LIQCOR & TOBACCO LICE~SES. Per j ear On-Sale On-Sale Club On-Sale Sunday Off-Sale On-Sale Wme On-Sale Wme w/Strong Beer On-Sale 3 2 Malt LIquor Off-Sale 3 2% Malt LIquor Tobacco PermIt to consume local non-profits $10 00 $500 S 1 0 00 25 $:!300 $350 5200 5200 5200 S300 S100 550 S250 525 no fee USE OF CITY PARKS A~l) PICI\"1C SHELTERS: PIoneer Park Shelter \Veekdays WeekendslHohdajs DepOSIt All Other Shelters \Veekda)'s \Veekends/Hohda)' s DepOSIt Lo\\ell Park Fee Damage DepOSIt ReSIdents no fee 5? -.) $35 ReSIdents no fee $?- -.) 535 CommercIal Use $500 $250 pnor to 1990 pnor to 1990 sc!t lWarclz 7, 1995 by Res. 95-59 set 1998 Set Nov. 7, 1995, b} Ordinance 795 Set January 1,1996 by Ordinance 811 (future changes to be b) resolutIon) Set January 5,1999 by Resolution 99-9 Set Jan. 16,1996 by Resolution 96-20 Non-Residents S? - -.) $75 $35 Non-ReSIdents cr? - .,)-.) $35 $35 Page 3 of 4 10,1299 Stillwater CIt)' Fees POLICE FEES Dog Impound S35 . Dog LIcense S5 AudIO Tape Cop~ SlO VIdeo Tape Cop~ S30 State AccIdent Reports S5 PolIce Reports $ 5 (lst page 50 each additIonal page) Background check $ 4 per person In-house statIstIcal computer r.m $10 P ARKING FI~ES: Set by ResolutIon 95-59 on l}!arclz 7,1995 S 10 any v IOlatlOn not preceded by another parkIng violatIon the pnor 90 days S 1 0 any vIolatIon preceded by one parkIng violation In prior 90 day s 530 an) vIOlatIon preceded by two or more parking vIolatIons withm pnor 90 days S?_5 dd d f" - a e to fine In not paId WIthIn five days 0 Issuance . PERvIIT PARKING FEES $10 permit parkmg per month per vehIcle ($5 per month If after 15:h of month) . Page J. ot -+ ~tlllwater CIty Fees 10112'99 . . . MEMORANDUM TO Mayor and CouncIl FR CIty CoordInator RE New Ice ResurfacIng Maclnne DA December 6, 1999 DISCUSSIon I am requestIng that the CouncIl authonze the advertIsement of bids for a new Ice resurfacIng machIne (1 e, Zambom) The resurfacIng machIne that IS currently beIng used at LIly Lake needs a complete overhaul (we have expenenced some problems when the machine is down - as It was over tlns past weekend) We planned on purchasIng a new resurfacIng maclnne for the 2nd sheet of Ice, but not until next year However, because of the problems WIth the current maclnne I belIeve It would be prudent to purchase the maclnne at thIS tIme RecommendatIon CouncIl authonze advertISIng for bIds for new Ice resurfacIng maclnne -/ /.kU 12/0'?/99 14:07 MAGNUSON LAW F:RM ~ CITY HQLL ~o 920 [;ll21 MAGNuSONLAWFIRM l!o..~UD II'l M~'l.SOTA Al\D WISCONSIN . TRll OESGH O.PIC1> BUJfnlWCi Ul NWUH \t.\'N SrUll'l . 8"1"'1: 11202 · PO Box 438 · STIU.\VA'l'Erc MN S50~2 TllL6.HONI: ('51 J 43P-94t4 . T!.LSCOPIIiR (631) 43~-56,n DAVID T. MAGNUSON RlCJWU) D. ALLE.."" MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. MagnWlOD, Stillwater City Attorney December 7, 1999 DATE: HE: AnneXation of Lots 1 and 2, Block 3, Neal Meadows For your information I enclose a certified eopy of the Resolution enacted by 1he former . Municipal Board fOI the annexation of residential propertles near Neal Avenue. If you recall, this was requested by the McKenzies and the !brons and I am happy to Ieport that it is complete. I am also recording it 'with the Registrar of Deeds. Yours very truly, ~-- Attomey City of Stillwater DTMfnm Enclosures . 12/07/95 1':::07 MAG~SON Lq,J FIRM -+ CITY I-~LL NO 920 lil02 MINNESOtA .I.ANNING MUNICI~80UNCARYAOJUST~ENTS 14M , . CERTIFICATIQN I, Christine M Scot,IIo, executive Director of MUnicipal Boundary Adjustments, hereby certIfy that the attached copy of the Order IS a In.Je and correct copy of the onginal on file in the Office of Strategic and Long Range Planning, MunicIpal Boundary Adjustments Dated this 3011I day of November, 1999 0k~~ ~ ~til~ Christine M ScotUlo Executive Director MuniclpaJ Boundary Adjustments . 658 ((Gar Sf St 'aul, MN 55155 Teltphor.e 651-284-3383 F<<:5Imlle 651.284 JS45 ',- - - p - .. .. . -- TTY' 80c.m 3529 - ... . -.. IINNmnpla'l . SIOr.1mnUS lOC'l\ posr-a:nsume' ret"tcled ccntenl ...~..~ .- - """ -.. : ~ ... .,.','" :"." . ." .. - . ......' .",...... ..-.... . . . 12/07/95 M~GNUSON lqw FIRM ~ CITY hAll t-.O.920 D03 14 07 OA-43B-4 Stillwater Resolution No. 99-267 BEFORE THE OFFICE OF STRATEGIC AND LONG RANGE PLANNING OF THE STATE OF MINNESOTA ---~~---------~-~----------------------------- IN THE MATTER OF THE ORDERlY ANNEXATION ) AGREEMENT BETWEEN THE CITY OF STILLWATER ) AND THE TOWN OF STILLWATER PURSUANT TO } MINNESOTA STATUTES-414 - ) ORDER -~----~---~---------~-----------~--~---------~ WHEREAS, a jOint resolution for orderly annexation was adcpted by the City of Stillwater and the Town of Stillwater; and WHEREAS, a resolution was received from the City of Stillwater Indicating their desire that certain property be annexed to the CIty of Stillwater pursuant to M.S 4140325, Subd 1, and WHEREAS, M.S. 414.0325, M.S. 4'4,11, and M S 414.12 states that in certaIn circumstances the Director of the Office of Strategic and Long Range Planning may review and comment, but shall within 30 days order the annexation of land pursuant to satd subdiVIsion, and WHEREAS. on November 5, 1999, the Dlredor of the Office of Strategic and Long Range Planning has reVIeWed and accepted the resolution for orderly annexation' IT IS HEREBY ORDERED. That the follOWing descnbed property is hereby annexed to the City of Stillwater, Minnesota, the same as If It had cnglnally been ""ade a part thereof' Lots' and 2, Block 3, Neal Meadows, according to the plat thereof en file 12/1217/~ 1S99 14 07 MAG~SON L~ FiRM ~ CITY HALL 1--.0.92121 ~1214 -2- . and Of record In the office of the County Recorder of Washington CO..Jnty IT IS FURTHER ORDERED That the effedive date of this order is Novemoer 5, Dated this 17'" day of November, 1999 Office of StrategIc & Long Range Planning 658 Cedar Street St. Paul. MN 55155 Cht~lU. 1Lt.~11~ Ct1r1strne M. Scotlllo Executive Director Municipal Boundary Adjustments ". " . . " ... ~ . - ~ "," I~" ~~ i: _I.... " ."._ -:--: ... 'v.., & ='::= ~ ....... ... .....,,-;. - ....... .-:::: ..;..~~ -. .. .... S -. .-,,-- .. .....,,~ . ...... - ...- -", ........... ...: :.......- .;:..,,, ..~~...-.. . . "'- , - ,. "'- , ..... , . ..... , .. , . St. Croix Valley Athletic Partnership, Inc. (SCV AP) Southern Sports Fie!ds - Status and Facts November 6, 1999 The St CroIX VaHey Athletic PartnershIp (SCV AP) IS dedicated to proVIding safe, quality athletIc fields for the St. Croix Valley youth. SCV AP was formed by the St Croix Soccer Club (SeSC) and the St CrOIX Valley Athletic Association (V AA) Toger..her, SCSC and V AA provide organized sports pro~ams to more than 5500 valley youth and participation is grOWIng 6% each year A shonage of safe, quality playing fields for kids and families - soccer, baseball, softball and football _ exists today, and with the projected grOVtth, the problem will become much larger SCV AP has finished phase I of the southern sports fields, and wIth furJIer fundraIsin2. will fimsh phase II next year. These fields comprise 1/3 of what valley youth will need over the next 10 years SCV AP is committed to leading this effort in meeting the sporting needs of our valley youth. SCV AP, Inc, a 50lc3 corp, formed In Sept. 1997, with efforts as far back as March 1996 Started by coaches and parents wanting better fields for their children l\Iission is to develop safe, quality sports fields for the youth of the St. Croix Valley SCV..6J>,Inc has a seven member Board of Directors, and a full time ExecutIve Director ,. Address: P.O Box 203, StIllwater, Mn. 55082; >- Phone'Fa:x: (651)439-1028, ,. \Veb Site: \v"\V\l.J SC\aD or2 Ten year strategy: Develop 105 acres into sports fields at three separate sites in the valley The first sports fields being constructed are located in W lakeland Township and include >- Loc:1tion: 1-94 south frontage road, N Hudson Rd , between Stagecoach TraIl (Cty 21) and County Road 18 m lakeland ,. Leased 50 acres, with 12 sports fields (8 soccer, 4 combmatIon baseball, softball, football) , All fields irrigated, with lights planned for 7 fields ,. Two concessIon/administrative buildings planned for next year , Integrated with 90 acre nature & walking traIl area In coopermon with the Belwm FoundatIOn , Total cost estImated at $2.4 million, approxImately 50% funded , Pnvate de"eIopment WIth minimal impact on ta.:xes, and self sufficient operatIonal costs For more informatIon please contact John j\IelviIIe - SCV AP Executive Director (651)439-1028 Ei\tIAIL: mnelv10 ao! com < .. . . , , . ~ of .. Outline '~','Munj:cjpaJ..'I?r~sentatjon - - , I , ., .J I , . . .' r~".lfi) . Intro . ~.' I ;s I , I ,~ I , . , - I '" iN~ Status .' '~Ch~llenges' , 'm'Future .'.,:. . .' , , , r' . . . "",I .. J , , . I I . \ , , " , ,I. .~ Appeal :(or.:'Actiol1. "', . ":'" ' ~ I I I I" \.. I I I . . ~ I , . . . .. r, f . 1,\ I . , ' TII95 ety. 18 Fields Prairi Prairie Division St. C .oixvicll' Blvd. Stugcco:lch Tntil ~~~~ . .. . . " '. . . @~~ . . . . . Budget (l?cst. of 1/99) . EartllwOrl( --------------------------$ 779,000 Il1frastructure ----------------------- 450,000 Utilities ----------------------------- 300,000 Equipnlent-Amenities ------------ 345,000 Strllctures etc. ---------------------- 430,000 COlltil1gel1cy ---------------------- 136,000 Gralld Total ------------------------$2,440,000 @-~~~. Operating Costs vs. Revenue Projections Liglltillg ------ $10,000 Struct./Util.--- 7,500 Land Care --- 20,000 Insurance ---- 2,000 Fac. Mgr. --- 50,000 Support Staff - 12,000 Ml(tg./Office - 10,000 Res. for Cap. - 5,000 'rorr/\l.l ~---- $1 16,500 (Fest of 1/99) o Concessions $ 40,000 Toufl1alnellts 17,500 'Advertising 30,000 Excl. Rights 20,000 Constit. Rel1tals 5,000 FUl1draising 5,000 r['orrAl.l -----$lI7 ,500 . . . . . ,~~u ~~''\1:{'''t1'r 81. Croix Valley Athletic Partnership 8CVAP sese Allpointecs !<.eIll<.urttila - SCCl Ed SillloIlet - v. Prcs JaIl Reyers JOillt AIJpointee Alldy Rollwagell- TJcas Executive _Director JOll11 Melville V AA Allpoilltecs Dicl( Siver - PieS. Joe Garry Randy Kopesl(y T."ucl{load of V Oll!lltcers . . . '. . . SCV AP Southern Sports Complex Participant Demography . Slillwnter 1592 37.9(},,0 . 'v. Lnl\cland/LaIH'land an'n ~'25 I O.t ex) . Ln ({c I~hn 0 416 9.9 (Yo . Stilhvntc.o Twsp. 315 7.50/0 . G rUII tIll ugof\V i tll row 294 7.00/0 . AftulI 289 6.ge~t . OPI-I 231 5.50/0 . l\'luy Twsp. 176 4.2(~) . lVluri 11 c 151 3.G(~) . Unyport 139 3.3 (Yo . Uny(owlI Twsp. 126 300(~) . Other (outside Vnlley) 46 1.1 (~) - TOTAL 4200 loo.oe}'(. NoLe: 78(X> fn)nl actual address lookup in I-ludson Road f\t1as Organization Information - V AA/SCSC Participal1t I11fo. rrravelil1g sese - 500 V AA Soccer - 1,700 V AA Baseball - 1, 1 00 V AA Soft ball - 600 V AA l:;ootball - 300 V AA Ot1IeI' - 1,300 l'or!'AL - 5,500 . . . Strong $ COlTIlnitlnent $60,000. upfrol1t $480,000 over 10 yrs. F elnales ---- 40% ; \ Males ------- 60% Parel1t Participatiol1 Valley wide coverage 90% Elelnelltary . , '. . . St. Croix Valley Athletic Partnership, Inc. SCVAP ~JlISSJ[ON To promote and advance, youth athletics by providing sport facilities for the benefit of the youth of our valley. st. Croix Valley Athletic Partnership, Inc. . . . . . . Stillwater G.I.S. System A Custom Global Information System (G.I.S.) A company's greatest asset is its mformation, and good management of this information Will help to attain a competitive edge by improvmg product quality and decrease tune needed to offer services By usmg a G I.S. system, we can put all of our mformatIon nght at the fingertIps of the users Archived mformatIon forms a large proportIon of the documentation owned by any company and is both valuable and sometimes irreplaceable to the company that created It Each stage in a desIgn cycle uses substantIally more documentation than Its predecessor, so efficient informatIon access becomes an increasmgly critical Issue throughout any design cycle Current manual methods of handling, stonng and maintaining paper drawings are dIfficult, tune consurmng and costly. Unfortunately, paper stIll represents the maJonty of the drawings owned by most compames, and must be accessIble Through the Implementation of a managed engineenng G I.S arclnve, extended search tIme as well as re-engmeering tIme for draWIngs become issues of the past. We can achIeve thIS goal by creatmg custom G I.S mterfaces or apphcations to access and organize our InformatIon. We are currently domg thIS by' . Moving all our draWings to a common electromc database . Reduce retrieval and pnnt times as part of GJ S access system . Improve flow of mformatlon The presentatIon to follow Will highlIght the benefits of GIS and the electronic storage of our CIty'S InformatIon. ~~~lST · ~ · C~ '-<; ~ Q) T L&.I 11' :J: - .l"'" ~ ?(). :c ~ · Et8\ ~~ . - . 1 . . lilt,. Ie,.,., IiIW1 · Digitizing all As-Built plans and drawings · Creating customized access tools for data · Organizing our 3000+ paper As-Builts · Producing custom maps and displays How we get the maps mto the computer . 2 . City .alnflllned Utilities · 6000+ parcels and taxlots · 90 miles of roads · 45 miles of storm sewer pipe · 90 miles of sanitary sewer pipe · 80 miles of water main pipe · 13 lift stations · Thousands of manholeS(3ooo), hydrants(900), catch basins(I600), servicesl6000), flared ends(3oo) and water valves(2oo0) . All totals an estln.ates comp,letlfrom an Interpolatton of ttJtIsttttg "'/ptal uttltl} databases anti an subject to error .. . G./.S. Dl'!Jsnization City of Stillwater ~~ . 3 . eu""" Layers A"ilable · Water · Sanitary Sewer · Storm Sewer · 1997 Aerial Photo · Contour · Topography · Trails · Zoning · Parks · Police Zoning · T .I.F. District · Compo Plan · F .E.M.A. · Parking District · Addresses · And Many More... . eu"., Uses of Qu, G./.s. · Property Searches · Land Use · Utility Information · As-Built Lookups · Map Presentation . - - 4 . Future Uses of G./.S. · 3-D analysis · Surface modeling · Pipe flow calculations · Emergency response · Feasibility studies m . , . ;~~ . --L!!..- l3~r I , - 4, - - :. .. .1. .. . weST ~ - ~ ASPEN :I . I. I' t .--- - - ,,3 - ........... 2 , I STReeT I, l~ -- E' , I I - - I' ~'_-: ---::.-- ~ I' ... 5; -I . - · ~ I' _" .. I - = ,- . J.-.!..-.2--" . " II I _ ~ _1_ , -, L!!_~ ~M" . weST ELM - ~ -,,- -.-- . :.. 6' ~ , ~ ..-~ .. --.-- --.--- I I 'R- · - ,-~~<y f- " ~ 7 $. , ~ . ~~-- ~ -----~ .. ~. '_:" II I ':., 0' " r-- I~ ~, , l , _ I-l- - I .. 11111 .. III .. , , I STR EEl - I - ...- - . . - - -.- - --..- - ... ,:MM_ ~-- J :..' ': --, ~ . :.. :.. · t :I t: . -' -, x..,O. 01( . - . ,..__ I, '-121 ~.~. '-11 9<\,i;.. .~ . '- 10_~' ~ · .... ~ .-- ~ ~ I- I ~ ~ I_II ~ II 1', :..~ t:5-~ ~ '':'' ':', '..:" '_ :.. ::.., ':'1 ' II _",.. I :. " I -, ". ~-, I I, , II I III .. .. II .... ...... I II .. II _ .. i_" _" _" .. ~~ "'-",\ ,.....v A""'.... ......"*1"... #"1IF'" :$AIIIP' "" .. . \...~. ~~tllM .....d.....I~ft(~tl;'.......4L44~A,..._~...:...~....J l -WI . 5 . 51 2 - 4 -.. c ~ 51 3 5 I- 51 W c W ~ 6 c:: ...... ,I- ~ - '(JJ III 12 7 6 ~' - .. 'D 'D " ... .." -51 Ii! ,54 2 . . 6 . - ---- ~d I -~ : -. -, _ _ J ~ i ~ ! ~~ __I, .. -i~~ I -- . ------ ,. ~ . ,.. --1. I _A'~IN___.__::::- -=, :c;.- -'- ,,--~-----', ~ I . ..-~ 1..1 ::-i '--"'-6- :=-.Iii -.--.::,' === I . ~.. ~ -.. '_:~) ~[ ..~ "- ~I -t'" . ILM J .,. ,. :TII:S'.. ~ I - . . --..--- n' ~ '__ _ - I ~ ;' II -:::1: . _1 - :'<pI S ::...::.. .!. '"11 AX- .~ . ... -I, i!..-- ~- 2 ;--- -. ,.-.jf:)... ... -+- -~_..., -- .... . c=c .'" . . ~ !i!!Ii- L=::..PIIV -- I,.i., - ;;;;;:- ....~"'-.......~ ~~~....."""""'" "'V'~",-"--,~,,,~j, *""' ..:Ul~ . tJther "'ndard Features · Monthly Updates · Mailing Labels · Buffer Selection · Geocode Locating · Quick Map Production ~~1 . 7 . Engineering Department CIstoI Qick Access ,.. ....,. .., . All Features Except Query Are Custom For The City of Stillwater All customizing has been created and programmed by Stillwater Engineering Department. . &I 8 . Added CustoII Features Instant Access to: · Aerial Photography · 2 Foot Contours · Topography · Addresses · Street Names · SanItary Sewer " · Storm Sewer · Water System · As-Built Plans · Bench Marks · Subdivisions · Planning Layers ~I . '- -- , 0,,-'<, ""-7~""""-- ,,' ,..- t'~ ....~, ~ '" ~ "ftl.,...~ . t '" ~""..~~.a& !....~~'~L~ n...l~!'lI:l!..~ ...~.....A -...ft...~'h.'_6""." 'II."::' I . 9 . . . ~ (0 ('I) I~ 10 . -' . "...... ,"'. '''' ~, . .. " ~-_~t_ "V',.. -_Jl__~ ." .1.!...J~ - :;:....... ~--~:;.:~ .J!!.....,.,..~ .,. LA'r"S .......T_ ~ . -- . ..... . .... , - PC ZS.:I! ., ..~ J..!!!!!!S.J!!l . _of" . - .." , .... H. .._ .t .._ AMUNDS , -.......-..- . -- ~ -=-\ ... /' "".. -\..... ,~........... '>.... ...", ....-....:-........,: .:!'.ML. ~~- M_~U'.k.-~~:::l'lIiIIIII'~.J:&'.1t;~.... . . 11 . . . 1 . . What Does All This ", · Save Staff Time Locating Information · Improves Accuracy of Information · Supplies Citizens With Information Previously Not Easily Accessible · Saves Taxpayer Money! ! ! . 2 . With 6./.S.1 AI/ Win! Thank You for your time and attention. Rvan SmIth Engineer Techmclan - . . .1 . EXECUTIVE SESSION 1 DIScussIon of personnel matter CITY OF STILL WATER CITY COUNCIL MEETING NO. 99-25 November 16,1999 4:30 P.M. REGULAR lVIEETING 7:00 P.M. The meetmg was called to order by Mayor KImble Present Also present CouncIlmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble CIty Coordmator Knesel CIty Attorney Magnuson Fmance DIrector Deblon PolIce ChlefDauffenbach FIre ChlefKallestad Commumty Development DIrector Russell CIty Engmeer Eckles CIty Clerk Weldon Press JulIe KInk, Couner APPROVAL OF MINUTES . Motion by CouncIlmember Thole, seconded by CouncIlmember Cumnungs to approve the mmutes of the November 2, 1999, Regular and Recessed Meetmgs, and ExecutIve SeSSIOn All m favor PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1 Troy Pearson - StIllwater Area Hockey ASSOCIation CIty Coordmator Knesel presented a Memorandum of Understandmg relatmg to the dlstnbutIOn of Ice time for the Stillwater Area Hockey ASSOCIatIOn Troy Pearson, representmg the Hockey ASSOCIatIon, presented a check for $100,000 for theIr 1999 contnbutIon AddItional payments of$15,000 per year for the next 15 years, beglnnmg m the year 2000, wIll bnng the total contnbutIon to $325,000 Motion by CouncIlmember Thole, seconded by CouncIlmember Zoller to adopt Resolution 99-333 approvmg the Memorandum ofUnderstandmg WIth the Stillwater Area Hockey ASSOCiation relatmg to Ice dlstnbutIon time Ayes .Nays 2 Councl1members Bealka, Cummmgs, Thole, Zoller and Mayor KImble None Don Empson - Presentation of survey Don Empson presented CouncIl WIth copIes of the followmg histoncal surveys he has completed HIStOry of Ho1combe's Additions ReSidential Area, History of Dutchtown ReSidential Area, and the 1. CIty CouncIl MeetIng No 99-25 November 16, 1999 HIstOry of the Greeley ResIdentIal Area These surveys were funded by a matchIng grant to the CIty . from the MInnesota HIstoncal SOCIety 3 CIty of StIllwater Chamber of Commerce - request for CIty AssIstance for hangIng of holIday lIghts Leo Neuman, Treasurer, and Kara Johnson, PublIc RelatIons, requested CIty assIstance WIth the hangIng of the downtown holIday lIghts The brackets were removed when NSP pamted the poles dunng the downtown lIghtIng project The bIds for remstallmg the brackets are over $2000. The quotes for hangIng the lIghts Increased from $1250 In 1998 to a range of$2180 to $2650 MotIon by CouncIlmember Thole, seconded by CouncIlmember Bealka dIreCtIng the CIty EngIneer to work WIth the CIty of StIllwater Chamber of Commerce to coordInate the rental of eqUIpment and the use of CIty crews for hangmg lIghts, or If not feaSIble, for the CIty to contnbute the dIfference In cost, above the normal Chamber contnbutIon, for the hangIng of holIday lIghts All In favor 4 KeVIn Von RIedel, Bruggeman Homes - annexatIon of Schmoeckel property Mr Von RIedel presented a concept plan for development by Bruggeman Homes of the Schmoeckel property located on the northeast comer ofMannmg Avenue and 75th Street (Myrtle). He stated he met wIth StIllwater TownshIp and receIved favorable comments encouragmg lum to make applIcatIOn wIth the CIty to get mto the Jomt Planmng process Homer Bruggeman, PreSIdent of Bruggeman Homes, stated they d1d a good Job at Oak Glen and wIll do a good Job on tlus project They are not land speculators, they produce a full project and product . CouncIl stated they could not make comments on the concept plan for development at tIns tIme They recommended an applIcatIon be submItted and normal reVIew procedures wIll be followed 5 Ed Cam, LegIslatIve ASSOCIates - Levee Wall ProJect. Ed CaIn presented an update on the Stage Three Flood Control for the Levee Project The feaSIbIlIty study was conducted by the Corps of EngIneers St. LOUIS Office The result of the first draft dId not JustIfy the constructIon of the project by the Corps The St Paul Corps Office has the authonty to conduct an Internal reVIew He presented other optIons beIng explored He also noted that suffiCIent funds were receIved In thIS year's AppropnatIOn BIll to complete the extenSIon ofthe levee wall system by about 1,100 feet, more than doublIng the length of the protected water front ThIS work IS scheduled to be completed In the Fall of 2000 No CouncIl actIon was necessary STAFF REPORTS Commumty Development DIrector Russell reported a grant from the Margaret RIvers Fund mIght be avaIlable for the constructIon of a frIsbee dISC golf course The planmng process would be approxImately $5,000 .' MotIon by CouncIlmember Thole, seconded by CouncIlmember CummIngs dIrectIng Commumty Development DIrector Russell to prepare a concept plan for a frIsbee dISC golf course m the Browns 2 " t CIty CouncIl Meetmg No 99-25 November 16, 1999 .creek natural area and McKuSICk Lake park area and to proceed With the applIcatIOn for a grant from the Margaret Rivers Fund All m favor Commumty Development DIrector Russell also reported there WIll be a follow-up meetmg on the tree ordmance on Thursday, Nov 18th at 7 p m A draft ordmance WIll be brought to the Plannmg CommIssIon and Council m December CIty Engmeer Eckles reported two bIds were receIved for the stormwater pump for the Lily Lake Project ($9,957 75 and $6,49970) He recommended approval ofthe low bIdder, W W Geotsch ASSOCIates ActIon WIll be taken on the consent agenda CIty Engmeer Eckles also reported a letter has been receIved mVItmg CounCIl to attend a celebration of the new Browns Creek channel Trout UnlImIted and the DNR are holdmg the celebration at the Oak Glen Golf Club on November 30, 1999, from 630 p m to 8 p m. CONSENT AGENDA Motion by CouncIlmember Bealka, seconded by CouncIlmember Thole to approve the Consent Agenda All m favor 4-0-1 (Bealka absent) 1 .2 Resolution 99-328: Payment of bills ApplIcation and authonzatIOn for delayed payment oftax for specIal assessments on homestead property owned by person WIth permanent and total dIsabIlIty - Lot 027 Block 006, Churclnll Nelson & Slaughter 3 Resolution 99-329: Renewal of gamblmg premIses permIt, Amencan LegIon Post 48 4 Set December 7, 1999 as the date for the publIc heanng for the new On-sale lIquor lIcense -TImber Lodge Steakhouse 5 Purchase upgrades for pnnter - Fmance 6 Resolution 99-330 Increase m permIt and contractor lIcense fees, effective Ian 1, 2000 7 Resolution 99-331 approvmg compensation for CIty Coordmator 8 Resolution 99-332: Purchase of stormwater pump for Lily Lake Project Recessed at 8 05 P m and reconvened at 8 25 P m PUBLIC HEARINGS . 1 ThIS IS the day and time for the publIc heanng to conSIder the proposed modIfication ofthe ModIfied Tax Increment Fmancmg plans relatmg to Tax Increment Fmancmg DIstnct Nos 1 through 7 located therem, pursuant to and m accordance WIth MInnesota Statutes, SectIons 469 124 to 469 134 and 469 174 to 469 179, mclusIve, as amended, to reflect mcreased project costs, mcreased projected tax mcrements, mcreased amount of tax mcrements for repayment of bonds, both pnncIpal and mterest attnbutable to the construction of an addItion to the St CrOIX Valley Sports Complex that IS proposed for constructIOn WIth the aSSIstance of the CIty of MahtomedI, and to authonze the makmg of loans and the repayment of loans between the vanous tax mcrement financmg dIstncts and the vanous funds mamtamed by the CIty NotIce of the heanng was publIshed m the Stillwater Gazette on October 20, 1999 3 . CIty CouncIl Meetmg No 99-25 November 16, 1999 , Fmance DIrector Deblon reported these changes need to be made by the end of the year to be m complIance wIth state law . The Mayor opened the publIc heanng There were no requests to be heard The Mayor closed the publIc heanng MotIon by Councllmember Thole, seconded by CouncIlmember Zoller to adopt Resolution 99-334 approvmg the modIfication of the Tax Increment Fmancmg Plans relating to Tax Increment Fmancmg Dlstncts Nos 1 through 7, all located WIthm Development DIStrICt No 1 Ayes CouncIlmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble Nays None 2 ThIS IS the day and t1Ille for the publIc heanng to consIder a request for appeal of the Planmng ComrmssIOn's deCISIon from the CIty of StIllwater for a vanance for the construction of a second sheet of Ice WIth a 34 foot setback, 75 feet reqUIred at 1675 Market Dnve m the BP-I, Busmess Park IndustrIal DIstnct Case No V/99-49 Notice of the heanng was publIshed m the StIllwater Gazette on November 10, 1999 The Mayor opened the publIc heanng BIll Pauley, owner of a portIon of Outlot A, StIllwater Industnal Park, requested CouncIl gIve h1Ill equal conSIderatIOn for a vanance should It be requested at the time hIS property IS developed CouncIlmember Thole stated each vanance request IS studIed on Its own ment The same process IS . followed for every request, and each IS shown the same courtesy and consIderation The Mayor closed the publIc heanng Motion by CouncIlmember Cummmgs, seconded by CouncIlmember Thole approvmg the vanance for the construction of a second sheet of Ice WIth a 34 foot setback, 75 feet reqUIred at 1675 Market Dnve m the BP-I, Busmess Park Industnal DIstnct Case No V/99-49 All m favor UNFINISHED BUSINESS 1 DISCUSSIon of pop vendmg maclnne and newspaper stand Issues m downtown area. CIty Attorney Magnuson stated the subject ofregulatmg newspaper vendmg deVIces has been conSIdered several times by CouncIl He presented memos prepared m the past by hIS office Newspaper vendmg deVIces are a form of conduct for purposes of the FIrst Amendment nght to free speech Howard LIeberman, Hentage PreservatIon COnllTIlSSIOn ChaIr, explamed the CommIssIon and the CIty Planner have receIved numerous calls regardmg bnghtly lIghted soda vendmg machmes The appearance IS JarrIng m the hIstone dIStrIct In addItion, questions are raIsed about why these lIghted . SIgnS are not bemg conSIdered VIOlations of the SIgn ordmance Planner FItzgerald stated she has receIved numerous calls from busmess owners askmg Ifthe SIgn ordmance IS VIolated by the vendmg machmes The ordmance prohIbIts mtenor lIghtmg m SIgns 4 " CIty CouncIl Meeting No 99-25 November 16, 1999 . Busmess owners are also askIng what they can do to have the numerous newspaper vendmg devIces removed from m front of theIr busmesses PepsI and Coke have been contacted regardmg the posslbIhty of provldmg antique style maclnnes m the lnstonc area She has receIved no response at tlns time CouncIlmember Thole recommended not attemptmg to regulate newspaper vendmg machmes because of the FIrst Amendment Issues There have been numerous Supreme Court declSlons upholdmg the nghts of newspapers CouncIl determmed newspaper stand locations fall under FIrst Amendment RIghts They recommended CIty Planner FItzgerald hold a meetmg WIth busmess owners and the pubhc to dISCUSS the regulation of soda vendmg machInes and return wIth a report to CouncIl 2 Reports from Barr Engmeenng - Temtonal Pnson Wall and Storm Sewer RepaIrs CIty Engmeer Eckles presented a summary of the two reports The first dIscusses the proposed modIficatIOns to the City storm sewer system to deal WIth excess storm water and floodmg on and around the Temtonal Pnson property Two optIons for modIficatIons were presented Both recommended addItIOnal capacIty be added from Mam Street to the nver. . The second deals WIth an analysIS of the stabIhty of the wall and cost estimates for rehabIlItatIOn The report found the pnmary walls around the pnson grounds are generally m good condItion and are favorable to successful repaIrs to those areas that have faIled The report also dIscussed nonstructurallnstoncal reconstruction work that could be done No councIl action was necessary 3 PossIble second readmg ofordmance authonzmg the lease of CIty-owned property to Max Todo Manne ServIces, Inc CIty Attorney Magnuson noted the ordmance would not be m effect for 30 days after ItS adoption The effectIve date IS also contmgent upon approval of the Umted States Army Corps ofEngmeers and the MInnesota Department of Natural Resources Motion by CouncIlmember Thole, seconded by CouncIlmember Bealka to have a second readmg of Ordinance No. 884 authonzmg the lease of CIty-owned property to Max Todo Manne ServIces, Inc Ayes CouncIlmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble Nays None 4 Acceptmg bIds and awardmg the contract for the Myrtle and Greeley Street LIft Station Project #9920 . CIty Engmeer Eckles reported the followmg three bIds were receIved Barbarossa and Sons, Inc , at S 133,790, Jay Bros at S 172,221, and Gndor ConstructIon, Inc , at S 1 00,000 He recommended CouncIl award the contract to the low bIdder, Barbarossa and Sons 5 " City CouncIl MeetIng No 99-25 November 16, 1999 MotIon by CouncIlmember Thole, seconded by CouncIlmember Bealka to adopt Resolution 99-335 acceptmg the bId and awardmg the contract for the Myrtle and Greeley Streets LlftstatIOn Improvements, Project 9920, to low bIdder Barbarossa & Sons, Inc . Ayes CouncIlmembers Bealka, CumrnIngs, Thole, Zoller and Mayor KImble Nays None NE\V BUSINESS 1 PossIble amendment to solId waste contract CIty Coordmator Knesel reported the proposed amendment IS consIstent WIth preVIOUS CouncIl reVIew and conceptual approval Changes mclude the followmg 1) contractor IS responsIble for bIllmg resIdents dIrectly, 2) a lIst of unpaId bIlls WIll be provIded by the CIty and WIll be certIfied to Washmgton County for payment of property taxes, 3) a drop-off sIte for consumer electronIcs wIll be proVIded, 4) excess waste Will be pIcked up and an excess charge WIll be bIlled dIrectly to the resIdent, no speCIal CIty garbage bags are needed,S) free garbage servIce IS provIded to cIty-owned facIlItIes and the LumbefJack Days celebratIon, and 6) dumpsters WIll be avaIlable m the event of a natural dIsaster The new rate schedule and contract are effectIve January 1, 2000-December 31, 2002 One 3-year extenSIOn may be applIed for by the Contractor CIty Attorney Magnuson stated the Mmnesota Office of EnvIronmental ASSIstance (OES), upon the request of the WashIngton County Department of Health and EnVIronment, has reVIewed the eXlstmg agreement and stated a pOSItIon that the CIty IS m VIolatIon ofMmn Statutes SectIon 115 46, subd 5, . requmng CItIes to reqUITe theIr solId waste contractors to bnng the waste to the RDF plant m Newport, Mmnesota The CIty'S pOSItIOn IS that the proVISIon does not apply to the eXlstmg contract because the CIty agreement was sIgned pnor to the adoption of the County plan The addendum IS merely a modIfication to the eXlstmg agreement and not a renewal of the agreement. CIty Attorney Magnuson stated the Attorney General's Office IS reVIewmg the agreement HIS opmIOn IS that there IS no reason to hold up the approval of the agreement The contract could be amended at a later tIme If needed for complIance CouncIlmember Thole stated he WIll abstam from the vote m complIance WIth the conflIct ofmterest polIcy HIS employer, the Washmgton County Attorney's Office, IS mvolved m thIS Issue A representatIve of Waste Management stated the dIfference m cost, IfreqUlred to go the RDF plant m Newport, would be the tIppmg fees MotIon by CouncIlmember Zoller, seconded by CouncIlmember Cummmgs to adopt Resolution 99-336 rescmdmg Res 99-193 and approvmg the addendum to the contract WIth Waste Management, Inc Ayes Nays Abstam CouncIlmembers Bealka, Cummmgs, Zoller and Mayor KImble None CouncIlmember Thole . 6 . . CIty CouncIl MeetIng No 99-25 November 16, 1999 2 Settmg the publIc heanng for the Development Program for Development DIStnCt No 2 and the establIshment of Tax Increment Fmancmg DIStnCt No 8 and the adoption of the Tax Increment Fmancmg Plan, Tax Increment Fmancmg DIStnCt No 8 m Development Dlstnct No 2 CIty Attorney Magnuson stated thIS heanng IS necessary for the establIshment of a new housmg dlstnct whIch wIll mclude the Nolde project. Motion by Councllmember Thole, seconded by Councllmember Cumnungs to adopt Resolution 99-337 callIng for a publIc heanng on December 21, 1999, on the proposed creation by the CIty of Development Dlstnct No 2 and of the Development Program for Development DIStnCt No 2 and the proposed establIshment of Tax Increment Fmancmg DIStnct No 8 and the adoption of the Tax Increment Fmancmg Plan relatmg thereto, all located wlthm Development DIStnct No 2 Ayes CouncIlmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble Nays None COMlVlUNICATIONS/REOUESTS CommunIty Development DIrector Russell reported comments have been requested on the draft Lower St CrOIX Management Plan and EnvIronmental Impact Statement The CIty has two weeks to comment on the plan He noted several concerns WIth the plan, mcludmg the lack of specifics on cultural and hIstonc resource management and preservation, and also the separation of the CIty mto two nver management dIStnCtS Motion by CouncIlmember Thole, seconded by Councllmember Bealka authonzmg staff to prepare comments for the Mayor's SIgnature on the draft Lower St CroIx Management Plan and EnVironmental Impact Statement (EIS) All m favor CIty Coordmator Knesel stated a request had been made by a representative of the SunnYSIde Manna ASSOCIation related to the management plan They have requested the CIty jom them m askmg for a no wake zone from SunnYSIde to north of the StIllwater Yacht Club, shore to shore CounCIl took no action COUNCIL REOUEST ITEMS CouncIlmember Zoller requested the CIty Attorney research the pOSSIbIlIty of the CIty offenng mediatIOn servIces for neIghborhood dIsputes CIty Attorney Magnuson WIll report back to CounCIl ADJOURN'lVIENT Motion by CouncIlmember Cummmgs, seconded by CouncIlmember Thole to adjourn at 9 30 p m to executIve seSSIOn to dISCUSS pOSSIble acqUiSItion of land All m favor . Attest Mayor CIty Clerk 7 CIty CouncIl Meetmg No 99-25 November 16, 1999 Ordinance No. 884 authonzmg the lease of CIty-owned property to Max Todo Manne ServIces, Inc Resolution 99-328: Payment of bIlls Resolution 99-329: Renewal of gambhng premIses permIt, Amencan LegIon Post 48 Resolution 99-330 Increase m permIt and contractor lIcense fees, effectIve Jan 1, 2000 Resolution 99-331 approvmg compensatIon for CIty Coordmator Resolution 99-332: Purchase of stormwater pump for LIly Lake Project Resolution 99-333: approvmg memorandum ofunderstandmg WIth StIllwater Area Hockey AssocIatIon relatmg to Ice dIstnbutIon tlllle Resolution 99-334: approvmg modIficatIon of the Tax Increment Fmancmg Plans relatmg to Tax Increment Fmancmg DIstnCtS Nos 1 through 7, all located wlthm Development DIstnCt No 1 Resolution 99-335: acceptmg the bId and awardmg the contract for the Myrtle and Greeley Streets LlftstatIon Improvements, Project 9920, to low bIdder Barbarossa & Sons, Inc Resolution 99-336: rescmdmg Res. 99-193 and approvmg the addendum to the contract wIth Waste Management, Inc Resolution 99-337: callmg for a publIc heanng on December 21, 1999, on the proposed creatIon by the CIty of Development DIStnCt No 2 and of the Development Program for Development DIStnCt No 2 and the proposed establIshment of Tax Increment Fmancmg DIstnCt No.8 and the adoptIon of the Tax Increment Fmancmg Plan relatIng thereto, all located WIthIn Development DIstnCt No 2 8 . . . p . . . LIST OF BILLS EXHIBIT "A TO RESOLUTION 99-338 Action Rental Advanced Sportswear Amdahl, Chns American Inst of Certified Accountants Ankeny Kell Architects, PA Aspen Mills AT and T Avalon Homes Berwald, Kathy Bjorkman, Todd Board of Water Commissions Bonestroo, Rosene, Anderhk & Assc Inc Bryan Rock Products Camas Aggregate DIvIsion COW-Government Inc Cerven, Marge Chemsearch City of Stillwater Chamber of Commerce Coca-Cola Cole Papers Computer Maintenance Corp Construction Bulletin Courier News Cub Foods DAC Industnes Inc Deblon, Diane Dels Outdoor EqUipment Delta Dental Desch, Mark/Glona Earl F Anderson ECOLAB Edward Don Company EG Rud & Sons Elder Jones Elliot, C J Emergency Appartatus Fire-Guard Spnnkler Service Inc First Line Beverage Freds Tire Gannons Auto Body Gascoigne, Jo 0 Goodwill Easter Seals Grand PriX Vending Grundhofer Construction Hanson,Erlk Storage space rental Jerseys-Winter League Replace entry door lock 2000 GASB reporting manual Services-2nd Sheet Ice Uniforms Telephone Grading Escrow Refund Mileage Training expenses Water bill receipt Services-Long Lk/Llly LKlMulberrySt lime rock Road salt HP Scan Jet Reimburse plantlngs-Myrtle St Duo Power soap Membership dues ConcesSion supplies Janltonal supplies Memory card HP Design Jet Ad for bids Project 9920 CI proceedings/Employment ad Concession supplies Glass cleaners/reflections Mlleagelpolnsettas-office Coli for blower Cobra-Beberg Parking lease/malnt Street signs Pest control General supplies SurveYing Curve Crest Blvd Permit refund 1999 Annexation Property tax rebate Repairs Unit 6107 Annual Inspection Concession supplies Tire repairs Unit 6113 Dodge Van/Unit 212 repairs 1999 Annexation Property tax rebate Nov 99 ADC Expenses Concession supplies Grading Escrow Refund Beaver trapping-Long Lake 135 00 1,05630 259 40 127 00 22,780 86 17250 301 1,500 00 11 16 1816 1380 18,294 26 2,13707 660 72 84911 2602 16551 10000 463 21 9186 137 48 176 90 8255 4793 10322 3740 3512 4605 979 65 7540 226 85 323 92 51000 81 59 99 26 ~ 7314 295 00 469 05 5002 2,975 23 9926 343 00 173 00 1 ,500 00 125 00 LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-338 Hodges Badge Company Hof, George and Nancy Ice Skating Institute Ikon Office Solutions Interim Personnel Johnnys TV Kenna,John Kevin Snyder ConstructIon Inc Kriesel, NIle Krongard, Leslie Lake Country Chapter Lakes Gas League of Mn Cities Lind, Gladys LJ Schuster Co Magnuson Law Firm McCollister & Co McKenzie, Donald & Rosemary McLeod USA Magler, Jeff Media One Melsterhng, Robert and Janet Menards Metro East Development Partnership Mil Term Life Insurance MN Dept of Public Safety MN State Board of Accountancy MTI Distributing Muggs, The MUnicipal Code Corp NCITE On Site Sanitation pagenet Plant Health Price, MOnica Reichow, AI and Linda Reichow, David Remington Appraisals RItzer, Gary R & R Specialties Inc Ryland Homes St CroIx Caterers Inc St CroIx Courier Service Inc St CroIx Office Supplies St CroIx Tree Service St Josephs Equipment PAGE 2 Skating School ribbons 1999 Annexation Property tax rebate Skating School badges Office supplies Temporary services Sony camera Larson-Huntsman Condemnation Grading Escrow Refund LMC Conference-Jay KImble Refrigeration work Membership dues Propane-Zambonl IMC Conference Land purchase Office forms Legal services Oil-Police cars/trucks 1999 Annexation Property tax rebate Telephone Training expenses Cable service 1999 Annexation Property tax rebate Park lumber/supplies Membership dues Life Insurance Tralnlng-MaglerlBJorkman License renewal EqUipment repair/supplies Larson-Huntsman Condemnation Update magnetic media Workshop-Traffic Engineering Portable restrooms Pager service Tree protection services Mileage Grading Escrow Refund Waterproof radiO Larson-Huntsman CondemnatIon 1999 Annexation Property tax rebate Zambonl repair Grading Escrow Refunds October management Delivery service Office supplies Tree/stump removal Case loaderlblower purchaselrepalr ~ . 451 00 410 96 730 00 304 77 806 40 931 88 1,350 00 1,500 00 343 50 8075 7500 14910 4500 927 00 692 54 14,21758 207 30 275 38 632 09 1829 4929 341 55 292 98 500 00 1,47465 600 00 4500 434 24 771 08 1,59265 5000 5065 425 97 836 66 2697 1,500 00 4858 750 00 111 45 133 73 12,00000 22,939 93 3954 563 24 335 48 13,74716 . . , PAGE 3 . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 9!l-331l . . Sentry Systems Shorty Spangler, William and Rita Stillwater Equipment Co Stillwater Fire Relief Association Stillwater Gazette Stillwater Glass T A Schlfsky & Sons Inc Teltronlx Information Systems T & T Maintenance University of MN Vlcom Inc Viking Industrial Center Washington County Surveyor Watson, Dennis Weldon, Morll White Bear Glass Wind, Gregory & Linda Workwell Occupational Yocum 011 MANUAL CHECKS NOVEMBER 1999 All American OJ Appletree Institute ADDENDUM TO BILLS Air Touch Cellular Braun Pump/Controls DARE America OW Web Service Jansens Cleaning Service Kimble, Jay Klosowsky, Bruce Kriesel, Nile Legislative Associates Northern States Power Northern States Power Office Max Stillwater AmocolTexaco US West Secunty monitoring Laundry 1999 Annexation Property tax rebate Lock openers State Fire Aid Publications Tempered glass for boards Asphalt/tack 011 Technician services Repair/move hOist Annual Institute for BUilding OffiCials Matworx 32 CD/phone card/training Sure track repairs-lift stations Myrtlewood Computer forms Mileage/supplies Replace glassllnstall roundtop 1999 Annexation Property tax rebate PhYSical-Roettger/Flu shots Heating 011 Christmas Party entertainment Health Insurance retirees Telephone Repair Alple Station DARE supplies Update/malnt Web site Malnt-Clty HalVLlbrary/Old Pnson LMC Conference expenses Training expenses LMC Conference expenses LobbYist services Electricity/gas Contract-Install downtown lighting Office supplies Gasoline Telephone TOTAL 107 67 4127 148 78 3576 80,597 00 184 65 926 29 784 32 4700 507 98 360 00 2,14072 173 05 1065 173 00 32.87 287 98 8334 704 75 175 59 5000 8,096 43 167 27 5,401 70 106 92 325 00 1 ,270 00 862 97 1222 1 ,549 27 4,000 00 34,634 77 212,55700 221 35 4,004 55 1,701 88 504,22431 LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-338 Adopted by the City Council this 7th day of December, 1999 1 PAGE 4 . . . . Memo DATE: December 3, 1999 TO: Mayor and City Council ChantellKa~ Administrative AssistantIPersonnel Coordinator FROM: RE: WeekendIHoliday Boiler Maintenance Contract . Background MN State requires that boiler gauges and pressure be checked on a daily basis if they are in operation. Ron Erickson, Building Maintenance Worker II, checks the gauges and pressure on both the City Hall and Municipal Library when he is working, during the week. However, this leaves both boilers without maintenance over weekends, holidays, and when Ron is on vacation. Attached is a proposed contract with Gilbert Jansen to provide weekendlholiday/vacation service for both the City Hall and Municipal Library boilers at a flat rate of $25 per day. Recommendation It is recommended the City Council adopt a resolution approving the attached contract for weekendlholiday boiler maintenance with Gilbert Jansen . CONTRACT WEEKEND/HOLIDAY BOILER MAINTENANCE . TIllS AGREEMENT, made this _ day of 1999, between the CIty of Stillwater, a municipal corporation within the County ofWashmgton, State oflVlinnesota, maIlmg address of216 North Fourth Street, Stillwater, MN, 55082 ("City'') and Gilbert Jansen, 1009 South Third Street, Stillwater, MN, 55082 ("Consultant'') SECTION 1: SERVICES TO BE PROVIDED The consultant shall provide the City of StIllwater services COnsISting of boiler maintenance and inspection at the properties known as the Stillwater City Hall and the Municipal Library on Saturdays, Sundays, and designated CIty holidays. SECTION 2: PLACE OF WORK The services shall be rendered at the Stillwater City Hall and the Municipal Library. SECTION 3: TERM AND TERMINATION The term of this contract will commence on September 16, 1999 and will continue untIl terminated. Either party may terminate this contract at any time for any reason without any lIability to the other. SECTION 4: COMPENSATION . The City shall pay the Consultant a flat fee of$25 for each day (Saturday, Sunday, designated/observed holiday, etc.) that an inspection of both the City Hall and Municipal Library properties is conducted. The Consultant, with prior notice, shall also provide service on those days when regular City staff is not available. Designated holidays shall be: New Years Day January 1 Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day I st Monday in September Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day 4th Friday in November Christmas Day December 25 When a holiday falls on a Saturday, the CIty observes the holIday on the preceding Fnday When a holiday falls on a Sunday, the City observes the holiday on the following Monday. . Weekend Boder Mamtenance Contract Page I 00 . . . SECTION 5: QUALIFIED PERSONNEL The Consultant shall provide the services and before any other qualified persons may be assigned to perform the worlc, the City must give its consent in writing. SECTION 6: RELATIONSHIP BETWEEN PARTIES The Consultant is not an agent or employee of the City and is not entitled to any benefits provided by the City to its employees. SECTION 7: WORK STANDARDS The Consultant shall control the conduct and means of performing the work and shall perform all services required under this contract in a manner consistent with generally accepted procedures and will maintain all licenses required for the work under State law. SECTION 8: INDEMNITY The Consultant shall not be liable for any damages or charges incurred in connection with Consultant's services under this Contract. Consultant shall not be liable for failure to provide or delays in providing services. The City agrees that it will defend, indemnify and hold harmless the Consultant from any liability, loss, damages or costs that grow out of the services, it or its designated personnel provide under this Contract. SECTION 9: TERMS TO BE EXCLUSIVE The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. SECTION 10: WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. SECTION 11: NO ASSIGNMENT WITHOUT CONSENT The Consultant shall not assign tlus Contract, or any of the rights and duties hereunder, without the prior written consent of the CIty. SECTION 12: WRITTEN NOTICE All communications regarding tlus Agreement should be sent to the Consultant and the CIty at the addresses set forth above, unless notIfied to the contrary. Weekend Boder Mamtenancc Contract Page 2 of3 SECTION 13: GOVERNING LAW This Agreement is governed by the laws of the State of Minnesota. Dated By' By. Gilbert Jansen, Consultant Wee"end Boller Maintenance Contract Page 3 of3 CITY OF STILLWATER Jay 1. KImble, Mayor Morh Weldon, CIty Clerk . . . CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1911 South Greeley Street Shllwater, MN 55082-6012 Phone & Fax (651) 439-8803 November 19, 1999 \'0\,' 2 2 .QC-o I '''-'\.IIV ..~..... . ...- -- Mr Nile Kriesel City of Stillwater 216 N. 4th Street Stillwater. MN 55082 Dear Nile, Enclosed you will find two budgets which the Cable CommIssion approved at their November 17th meeting One is for the Cable Commission and the other is for the Access Center which the Cable Commission IS running now as of September 1 st. We ask that your City review them and consider their approval at your next City Council meeting. Thank you Sincerely. ~~ Kathy Cinnamon AdministratIve Secretary Representmg the Clhes of Shllwater, Oak Park HeIghts and Bayport and the TownshIps of Stillwater and Ba)'town . . . Central St. Croix Valley Joint Cable Communications Commission Operating & Capital Expenditure Budget Fiscal Year 2000 (February 1, 2000 - January 31, 2001) Revenue Interest Earmngs Franchise Fees Expense Reimbursements Total Revenue Exoenditures Salaries (includes employer's PERA & FICA) Administrative Secretary (part-time) Professional Services Legal Fees Accounting Audit 21,000 3,000 500 700 Other Exoenses Office Supplies Tapes & Misc Supplies Telephone Postage Bank Fees MalntenancelRepairs Mileage Conf /Meetings/Dues PnntlPubltsh Mlsc Expense Insurance/Bond Office Rent Photocopier Medical Insurance Access Center Support Faclhty Fund 500 400 800 500 100 500 300 1,500 300 3,000 4,000 8,280 1,000 2,400 53,900 8,820 Caoital Outlay Office Furmture/Equlpment Total Expenditures 1.000 $112.500 $ 1 ,500 00 110,000 00 1.00000 $11250000 Stillwater Public Access Center Operating & Capital Expenditure Budget Fiscal Year 2000 (February 1, 2000 - January 31, 2001) Revenue PEG Fees I nterest Earnings Cablecast Reimbursements Franchise Fees Total Revenue Expenditures Salaries (includes employer's PERA & FICA) Access Manager 37,200 Government Cablecaster 31,700 Additional Staffing 29,000 PT Administrative (Kathy) 7,600 Professional Services Accounting 500 Other Expenses Office Supplies Tapes & Misc. Supplies Telephone Postage MaintenancelRepairs Mileage Cont IMeetings/Dues PubliCity Mlsc Expense Insurance/Bond Office Rent Medical Insurance 500 400 800 200 1,500 300 700 1,000 2,000 2,000 11 ,700 4,800 Capital Outlay Office FurnlturelEqulpment Government Equipment 1,500 1.000 Total Expenditures $134.400 $ 78,000 1,500 1,000 53 900 $134.400 . . . e . . I I RESOLUTION No4- / / DESIGNATION OF D70RIES FOR 2000 BE IT RESOLVED by the CIty Council of Stillwater, Minnesota, that the following are hereby I designated as City depositones for the Year 2000: Central B~ Fmmf No/est Bank U j Bank / ..,., ells Fargo Bank / Adopted by CouncIl this 7th day of December, 1999 I ~~ '\ v'l \j( / / / / Jay Kimble, Mayor ATTEST / / / Modi Weldon, oity Clerk I ! e . . MEMORANDUM TO Mayor and CouncIl FR. CIty Coordmator RE. Year 2000 salary and benefits for Chantell Kadin DA. December 2, 1999 DISCUSSIon. Accompanying this memo is a resolution establisInng the salary and benefits for the Administrative Assistant for the year 2000. The salary and benefits are consistent with that wInch was received by other CIty employees. Recommendation: Council adopt resolution approving salary and benefits for AdministratIve Assistant for the year 2000 ~J-L RESOLUTION NO 99- APPROVING SALARY, LONGEVITY AND HOSPITAL/MEDICAL INSURA1'lCE CONTRIBUTION FOR ADMINISTRATIVE ASSISTANT FOR YEAR 2000 BE IT RESOL YED, by the City Council of the City of Stillwater, Minnesota, that the salary, longevity and hosPltaVmedical Insurance contrIbution for the Year 2000, as sho'Wn on the attached Exlnblt A. IS hereby approved Adopted by the Council thiS 7tl1 day of December, 1999 Jay L. KImble, Mayor Attest Morh Weldon, City Clerk e . . e . . EXHIBIT A SALARY, LONGEVITY AND HOSPITAL/NIEDICAL INSURANCE FOR CHANTELL KADIN - ADMINISTRATIVE ASSISTAJ."\TT FOR YEAR 2000 ANNUAL SALARY Effective Januarv 1. 2000. Entrv After one vear After four vears After two vears After three vears $47,382 $48.530 $51,152 $49,842 $52,464 MONTHL Y LONGEVITY Effective Januarv 1. 2000: After 5 vears After 10 years After 15 vears After 20 vears $74.16 $232.78 $154.50 $271 92 HOSPITAL MEDICAL INSURANCE Effective Januarv 1. 2000 The Employer w1l1 contnbute up to Four Hundred Ninety-one dollars ($491 00) per month for group health and long term dlsabihty Insurance, includmg dependent coverage. e . . Memo To Honorable Mayor and Council Members Kim A Kallestad, Fire Chief t:: R:' November 30, 1999 From Date Subject Resolution approving membership in Capitol City Mutual Aid Association I recommend the City of Stillwater rejoin the Capitol City Mutual Aid Association. Stillwater belonged to the organization years ago, but dropped out because of onerous joint-training requirements Training is now required only with close neighboring fire departments twice a year, which we should be practicing anyway The main benefit of membership is having many more fire departments and resources available for major incidents in Stillwater The obligations of membership include a minimal annual fee ($50), and making available our fire department resources to all other fire departments in the association Fire department mutual aid associations have been for decades, and continue to be, one of the finest examples of communities sharing resources, thereby promoting efficiency in government Attached are the Reciprocal Fire Service Agreement and Bylaws of the Association RESOLUTION NO APPROVING RECIPROCAL FIRE SERVICE AGREEMENT WITH THE CAPITOL CITY MUTUAL AID ASSOCIATION WHEREAS, It has been determmed it would be in the best interests of the CIty to be a member of the CapItol City Mutual Aid AssOcIatIOn, NOW THEREFORE BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves membershIp in the Capitol CIty Mutual Aid Association and authorIZes entering into a Reciprocal FIre Service Agreement, attached hereto as ExhibIt "A". Adopted by Council this 7th day of December, 1999 ATTEST. Jay KImble, Mayor Morli Weldon, CIty Clerk e . . e . . MAGNUSON LAw FIRM LICENSED IN MINNESOTA AL"lD WISCONSIN THE DESCH OFFICE BUILDING 333 NOR:rH MAIN STREET. SUITE #202 . PO Box 438. Sm.LWATER, MN 55082 TELEPHONE (651) 439-9464 . TELECOPIER (651) 439-5641 DAVID T. MACNUSOS RICHARD D. ALLEN MEM ORAND Ul\tI TO: Mayor and CIty Council David T. Magnuson ~ V December 1, 1999 FROM: DATE: RE: Capitol City Mutual Aid ASSOCiatIOn Reciprocal Fire ServIce Agreement FIre ClnefKallestad has asked that I reVIew the CapItol CIty Reciprocal FIre Agreement to determine whether from a legal point of view it IS In satisfactory order for approval and execution by the City. I fmd the proposed agreement and the bylaws of the Mutual Aid Association to be in proper form and in order for approval and executIon. /wv cc: Kim Kallestad, Fire ChIef CAPITOL CITY MUTUAL AID ASSOCIATION RECIPROCAL FIRE SERVICE ACREEMENT Subd. 1. neflnltlon of Terms Subd 2 SlIhd 3 SlIl1d 4 Subd. 5 2 A11tl}Q1" 1 tv Subd "Party" means a POhtIcal subdivIsIon, or, In the case of a prIvate non-profIt provIder of fIre protectIon, tile governIng body of such a provlller. "ReqUestIng OffICIal" means a party'S tIre cluer and/or that fIre chIef's delegates who Is/are empowered to request aSSIstance trom other partIes. "Responrhng OffICIal" means a party'S tIre chIef and/or that fIre chIef's delegates who lS/are empowered to determIne whether and to what extent aSSIstance can or should be proVIded. "ASSIstance" means fIre and/ol' emergenC'y medIcal Sel'VICes personnel and eqUIpment. provlllcd by n (.Ire department as detlned by ~l1nnesota Statutes Chaptel' 69. all, and Includes such personnel and eqUIpment as may be needed tOI' stand-by protectIon by a party to thIS agreement. "Emergency" means a sudden and unforseen SI tuatlon reqUIrIng Imlledlate actIon and aSSIstance e The partIes to thIS agreement acknOwledge their authorIty to enter Into thIS a~reement pursuant to prOVISIons of the JOInt ExerCIse ot Powers Act! MInnesota Statutes Chapter 411 et sen. to provide each other on a recIproca bas IS assistance In the event or emergencIes beyond the ablll ty of any SIngle party to control. 3. Can 1 to 1 CI tv ~futual AId AssociatIOI) Each party's fIre department shall, upon executIon of this agreement, become members ot the CapItol CIty Jfutual AId AssociatIon for the purpose of furtherIng the Intent of thIS agreement, and shall abIde by the by-laws of the CapItol CIty Mutual AId AsSOCIatIon. 4. IdentIfIcatIon of PartIes Subd. 1 The Secretary-Treasurer of the Capitol CI ty Mutual AId ASSOCIatIon shall maIntaIn a current hst of all partIes to tlus agreement and shall furnIsh salll lIst to each party to the agreement. Hhenever there IS a change In partIes to thIS agreement, saId Secretary-Treasurer shall furnIsh a revised hst of partIes InclUdIng such change. Bald hsts shall be furnlShed upon receIpt of a properly executed copy of thIS agreement by said Secretary- Treasurer. Subd. 1 5. State-WIde Fire ~futllal AlIf Channel Subd. 1 Partles to tIllS agreement hereby agree to fuml8h each of their engInes WI th a pumpIng capaCIty of one thousand gallons per IIlnute or more ana each or theu aerIal ladder trucks witb a mobIle Or portable radIO capable ot transmIttIng and recelvinll radIO lIessages on the frequency designated by the Tele-communlcatIons DiviSIon, MInnesota Department ot Transporfation as the "state WIde mutual aid channel" two years trom the date this agreement is executed. 6. fmr..erfu~ Subd. 1 Subd. 2 Subd. 3 Subrf. 4 7 Ln~!!rJ!n!:f SlIbd. 1 . I f one or more emergenCIes occur WIthIn the Jurlsdlction of any party to this agreement, that party's requestlng OffICIal IS authorized to request aSSIstance from one or more or other partIes to thiS agreement. Upon receIpt of a request for assistance a party's reSP9ndlnll' offiCial may authorIZe and duect such aSSIstance, PROVIDED that whether such assistance shall be prOVIded or to what extent such aSSl8tance shall be prOVIded shall be determIned solely by the respondIng ottlc1&11 and PURTIIER PROVIDED that the respondIng offICIal may at any tIme recall sucn asslstance if the respondIng offICIal l1eems such recall ,as necessary to prOVIde tor the safety and protectIon of the party under WhICh authorI ty the respondlng oftIcul IS acting. ASSIstance provlded under tblS agreement shall be under the command of the offlC'er In charge at the emergency tor WhICh the aSSistance was summoned llImedlate1y upon arrIval at the emergency. rlo cluuge WIll be JeVled by any party to thlS alrreellent for aSSistance rendered to another party under the terms ot thu agreement.. Each of the partIes Will maintain Insurance pohC'Ies (or proof of selC- Insured status) prOVIdIng coverage tor: (a) ACCIdental death of firefighters (covered by workmen compensatIon who are members of each party's fue department, the coverage of slud polIcy extendIng to nrotect sald fIrefIghters when engaged In the performance of dutIes under fIllS agreement, and (11) nal1age or in,Jury caused by negligent actsl lnc1udlng olleration of flre department apparatus, In the alllount of SIX hundrerf thousand dollars ($600 000.00) or whatever greater amount IS Imposed by the state Jegulablre liS a ~ap on munICipal t.ort. lIabIlity pursuant to MInnesota Statutes Chapter 466.01 subdIVIsIon 1. . e BY-LAWS OF THE Cap~tol CITY MUTUAL AID ASSOCIATION Adopted February 2, 1972 }...RTI CLE I SECTION I TITLE This orqan~zat~on shall ~e ~,own as the CAPITOL CITY MUTUAL AID ASSOCIATION. (Eereaf~er to be referred to as the Orqan~zat1on.) SECTION II PURPOSE "- The Organization shall be organized for the purpose of signing other member departments in times of an emergency as defined in Paragraph 1 of the capital City Reciprocal F~re Service Agreement. (Hereafter referred to as the Agreement. ) }...RTICLE II .. . SECTION I BUSINESS MEETINGS For the purpose of conducting business, the Organizat1on shall meet on;~he second Wednesday of March, July and November, or at the call - ot" the President. ~ECTION II ANNUAL MEETING The annual meeting of this Organization shall the year. At this meeting the officers whose or replaced. , be the-last business meeting of terms 'expire will be reelected SECTION III VOTING RIGHTS For the purpose of conducting business and electing officers each department shall have one (1) vote. SECTION IV DUES The dues of the organization shall be set by the Board of Trustees subject to review by the membership. ARTICLE III SECTION I OFFICERS There shall be elec~ed a President, v1ce-president, Secretary-Treasurer and four (4) trustees at the annual meeting. These off1cers and trustees shall be elected from the membership of the Organization. , . 1 SECTION II ADMISSION TO MEMBERSHIP _ Appl~cat~on for menbership shall be made in writing to the Board of Tr~e which shall report to the next regular meeting of the Organization as to th appl~cants eligibil~ty for membership. Departments applying for membersh~ ~n the Organization must meet the following requiremen~s: 1. Subm~t an ~nventory of equipment and personnel. 2. Provide s~gned statements from each of the four (4) closes~ member departments support~ng the department's application for membership. 3. Documented abil~ty to provide men and/or equipment for mutual aid that ~' comparable to that which could be provided to the applicant department b each of the four (4) closest departments. SECTION III RESPONSIBILITY OF MEMBERSHIP 1. In order to remain a member in good standing, a department must attenc 100% of the year's meetings. Failure to maintain 100% representation at al: three (3) Association meetings shall cause disciplinary ac~ion as stated iT ~-r~icle IV, Section IV to go into effect. 2. When a department is assigned as a host for a Mutual Aid Drill it shall bE mandatory for that department to hold said drill within the time framE assigned. Failure to comply shall cause disciplinary action as stated in Article IV, Section IV to go into effect. 3 . Departments will be the host depar~ment for regular meetings Ofe Association, these departments will be assigned the responsibili t . alphabetic order. Departments holding a meeting shall charge a nominal fee for registration at these meetings. SECTION IV FAILURE TO COMPLY WITH BYLAWS 1. A letter will be sent to the Chief of the department notifying him of his depar~ment's violation of the Bylaws. The Fire Chief or a representative w~11 be expected to reply in writing to the Secretary-Treasurer within 15 days of the letter with a Justif~able reason for the department's violation. The Secretary-Treasurer will forward this letter to the Board of Trustees for their action. 2. If no response is recei ved wi thin the 15-day period the Secretary-Treasurer will not~fy (in wr~ting) the proper governing body of the department. 3. At the next meeting the Board of Trustees will present a recommendation to the membership regarding whether or not to expel said department(s). This recommendation will then be put to a ballot vote of the member departments present. 3 . . . . RESOLUTION NO. A RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF STILL WATER AND PARK CONSTRUCTION FOR THE MULBERRY POINT STORM SEWER MODIFICATIONS TO THE STILLWATER BEACH EROSION CONTROL PROJECT ST. CROIX RIVER STAGE II WHEREAS, on the 29th day of September, 1998, the City and the Department of the Army reached an agreement callIng for construction of the Levee Wall system, St Croix RIver at Stillwater, Mmnesota (hereInafter the "ProJect"), as authonzed by Section 363 of the Water Resources Development Act of 1992, Public Law 102-580; and, WHEREAS, pursuant to the Project Cooperation Agreement the Department of the Army duly advertIsed for bids for the Project and pursuant to that advertisement and sohcltatIon awarded a contract to Park Construction executed by the Department of Army and Park Construction on June 30, 1999, and, WHEREAS, dunng the course of the ProJect, It was recogmzed by Boonestra, Roseen, Anderhck and Associates, engIneers for the City, that a storm sewer appurtenance drammg through Mulberry POInt would be disturbed and rebwld SInce the sewer would be effected by the Levee Wall and other appurtenances In the ProJect. The engineers also recogmzed that it would be unportant to estabhsh the Mulberry Point storm sewer in a size that would be sufficient to handle increased flows from the diversion structure construction on Browns Creek as part of the AUAR rmtIgation measures establIshed by the City for the Annexation Expansion area; and, WHEREAS, the engineers designed a structure that would handle the increased outflow and subsequently reached agreement WIth the Department of the Army and Park Construction that an Addendum would be made to the contract between Park Construction and the Department of the Army allowing for a modification of the Contract to provide for the additional work as necessary to accomplIsh the needed capacity in the storm sewer; and, WHEREAS, the Department of the Army and Park Construction agreed to allow tlus mochficatIon on the condition that the Department of the Army be allowed to supervise and adminIster the construction of the storm sewer system proVided that the costs associated with the work would be paid chrectly by the City, and, NOW, THEREFORE, BE IT RESOLVED as follows: I That the agreement between Park Construction and the City of Stillwater for payment of costs assOCiated with the Mulberry POInt storm sewer modifications be, and the same hereby IS, approved accordIng to the urnt pnces and estimates attached to thiS Resolution as Exhibit A. 2 That It IS necessary for tlus work to be done Immediately since the opportumty presents Itself for a Significant saVIngs SInce if the Levee Wall were constructed WIthout the proposed modificatIons, It would require the completed Levee Wall to be tom up and . reconstructed if the over-sIZing of the storm sewer were to be done at a later tune 3 It IS not practical or possible to advertIse for bIds since there is not sufficient time to allow formal plans and specifications to be prepared and advertised and further it would require the consent of Park Construction to allow an additIonal contractor to work in theIr Project 4 The cIrcumstances reqUIre that this agreement approved as negotIated 5 That the Mayor and Clerk are authonzed to SIgn the agreement on behalf of the CIty for dIrect payment of costs associated WIth the over-sizmg of a Mulberry Pornt storm sewer as part of the contract between the Department of the Army and Park ConstructIon all reached pursuant to Addendum Number 1 of the Project Cooperation Agreement between the Department of the Army and the City of Stillwater as Amended on the 29th of September, 1998. Enacted by the City Council of the City of StIllwater this 7th day of December, 1999 Jay Kimble, Mayor ATTEST. Modi Weldon, City Clerk 2 . . e . . MEMO To: From: Subject: Date: Mayor and City Council Klayton Eckles, City Engineer fLt:: l-- Approval of ConstructIon Agreement WIth Park Construction (project 9602 ) December 2, 1999 Discussion: In November the City CouncIl approved the concept of expendmg up to $75,000 to install additIonal storm sewer pipe as part of the levee project. Staffhas since completed discuSSIOns With Park Construction to finalize the design. Park ConstructIon will construct this additional pipe under the specIfications and contract documents of the Corp ofEngmeers. However, the City is settmg up a separate payment agreement WIth Park Construction in order to cover these additional costs The City Attorney will be supplying this agreement at tins City Council meetIng Recommendation: Staff recommends that CounCil pass a resolutIon approving the agreement with Park ConstructIon to install the additIonal storm water improvements in conjunction With the levee proJ eet. STAFF REQUEST ITEM DEPARTMENT. Englneenna DATE. December 2. 1999 DESCRIPTION OF REQUEST (Briefly outline what the request IS)' Survev eqUipment and survev software Sokla Geodometer Two Bids' Minnesota Blue Sokla 6F $6.462..42 Pacific Survey Sokla 6F $7.056.00 Software package. Minnesota Blue - $1.980.90 Pacific Survey Sokia - N/A Total Price from Minnesota Blue - $8.443 32 FINANCIAL IMPACT (Briefly outline the costs, If any, that are associated with this request and the proposed source of the funds needed to fund the request) Budget Item for a full format copier and software of $9.000 which is currently unspent ADDITIONAL INFORMATION ATTACHED YES X NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL ETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET /, ~ j_~ SUBMITTED BY ~ A~ /', DATE [2hL 3 i 7 I .... V -- I e . . e MEMORANDUM . . TO Mayor and Council FR City Coordinator RE: Retainer and hospital/med. msurance for City Attorney for year 2000 DA. December 3,1999 DIscussion: Accompanying this memo is a resolution establIshing the salary (retainer) and hospital medical msurance for the City attorney effective 1/1/00 The retainer was presented to the Council during discussion of the budget and is included in the proposed budget. The hospital medical insurance benefit is the same as for other employees RecommendatIon: Council adopt resolution approving retaIner and hospItal/medical msurance for CItytittorney effective January 1,2000. ~~ RESOLUTION NO 99- APPROVING SALARY RETAINER AND HOSPITAL/MEDICAL INSURANCE CONTRIBUTION FOR CITY ATTORNEY FOR YEAR 2000 BE IT RESOL VED, by the City CouncIl of the City of Stillwater, Minnesota, that the salary retainer and hospItal/medical insurance contribution for City Attorney David T Magnuson, for the Year 2000, as shown on the attached ExhibIt A, IS hereby approved Adopted by the CouncIl tIns 7th day of December, 1999 Jay L. Kimble, Mayor Attest. Modi Weldon, CIty Clerk e . . e . . EXHIBIT A SALARY RETAINER AND HOSPITAL&.-IEDICAL INSURANCE FOR DAVID T MAGNUSON - CITY ATTORNEY FOR YEAR 2000 ANNUAL SALARY RETAINER Effective Januarv 1.2000. $59,000.00 HOSPITAL MEDICAL INSURANCE EffectIve Januarv 1. 2000 The Employer will contnbute up to Four Hundred Ninety-one dollars ($491.00) per month for group health and long term disability insurance, including dependent coverage. e . . MEMORANDUM TO. Mayor and Council FR. CIty Coordinator RE: Police Contract-1999 thru 2001 DA. December 3,1999 DIscussion. Accompanying this memo is the labor agreement between the City of Stillwater and LELS Local 257 - Stillwater Police. The agreement contains the changes that were awarded via arbitration as follows: 1. Salaries 3% increase for 1999,2000, and 2001. 2. Longevity and educational incentive pay. 3% increase effective 1/1/00. 3 Differentials. A Juvenile Officer, Investigator and Narcotics Officer. $155 effective 1/1/99 and $165 effective 1/1/00. B Sergeant. $335 effective 1/1/99 and $350 effective 1/1/00. 4. HolIdays. Two additional holiday premium pay days (Martin Luther King Day and Veterans Day). Insurance was not an issue that was arbitrated. However, the changes to insurance are identical to the changes made for the other collective bargaining units Recommendation: Council adopt resolutIon approving labor agreement between the CIty of StIllwater and LELS Local 257 - PolIce. ~~ RESOLUTION NO 99- APPROVING 1999-20001 LABOR AGREEMENT BETWEEN THE CITY OF STll..L WATER AND LAW ENFORCE1\ffiNT LABOR SERVICES El\1PLOYEES' UNION LOCAL 257-STll..LWATER POLICE BE IT RESOLVED by the City Council of StIllwater, Minnesota, that the Labor Agreement between the CIty of StIllwater and Local 257, Law Enforcement Labor Services Employees' Umon, for the penod January 1, 1999, through December 31, 2001, attached hereto as ExhIbIt "A" is hereby approved. Adopted by Council this 7th day of December, 1999 Jay Kimble, Mayor ATTEST. Morh Weldon, City Clerk e . . e LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES EMPLOYEES' UNION, LOCAL NO. 257 - STILLWATER POLICE . . January 1,1999 through December 31,2001 TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT 1 e II RECOGNITION 1 III DEFINITIONS 1 IV EMPLOYER SECURITY 2 V EMPLOYER AUTHORITY 2 VI UNION SECURITY 2 VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 VIII SAVINGS CLAUSE 6 IX SENIORITY 6 X DISCIPLINE 6 XI CONSTITUTIONAL PROTECTION 7 XII OVERTIME 7 XIII COURT TIME 7 XIV CALL BACK TIME 8 XV WORKING OUT OF CLASSIFICATION 8 . XVI SICK LEAVE 8 XVII SEVERANCE PAY 11 XVIII HOLIDAYS 11 XIX VACATIONS 11 XX UNIFORMS 12 XXI INSURANCE 12 XXII LONGEVITY/EDUCA TIONAL INCENTIVE 12 XXIII UNION STEWARD 14 XXIV MILITARY LEAVE 14 XXV WAIVER 15 XXVI HOURS OF EMPLOYMENT 15 XXVII DURATION 15 APPENDIX A WAGE SCHEDULE 17 . . . . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES EMPLOYEES' UNION, LOCAL NO. 257 - STILLWATER POLICE ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT IS entered Into as of January 1,1999 between the City of Stillwater, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services Employees Union, Local No 257, hereinafter called the UNION 1 1 It IS the Intent and purpose of thIs AGREEMENT to Assure sound and mutually beneficial working and economic relationships between the parties hereto, Establish procedures for the resolution of disputes concerning this AGREEMENT'S Interpretation and/or application, and Place In wntten form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT 1 2 1 3 ARTICLE II 21 RECOGNITION The EMPLOYER recogmzes the UNION as the exclusive representative, under Minnesota Statutes, Section 179 71, SubdivIsion 3, for all police personnel In the following Job classifications POLICE OFFICER POLICE SERGEANT JUVENILE OFFICER INVESTIGATOR NARCOTICS OFFICER In the event the EMPLOYER and the UNION are unable to agree as to the IncluSion or exclusion of a new or modified Job class, the Issue shall be submitted to the Bureau of Mediation Services for determination 22 ARTICLE III 31 DEFINITIONS UNION The Law Enforcement Labor Services Employees Union, Local No 257 1 39 310 311 312 32 33 34 35 36 37 . 38 UNION MEMBER A member of the Law Enforcement Labor Services, Local No 257 EMPLOYEE A member of the exclusively recogmzed bargaining unit DEPARTMENT The City of Sbllwater Police Department EMPLOYER The City of Sbl/water CHIEF The Chief of the City of Sbllwater Police Department UNION OFFICER Officer elected or appointed by the Law Enforcement Labor Services Employees Union, Local No 257 OVERTIME Work performed at the express authorization of the EMPLOYER In excess of the employee's scheduled shift SCHEDULED SHIFT A consecutive work penod Including two rest breaks and a lunch break REST BREAKS A period dUring the scheduled shift dUring which the employee remains on continual duty and IS responsible for assigned duties LUNCH BREAKS A period dUring the scheduled shift dunng which the employee remains on continual duty and IS responsible for assigned duties PROBATIONARY PERIOD Newly hIred employees shall serve a probationary penod of one year (12 months from the date of hIre) Probationary employees may be terrmnated at the sole discretion of the EMPLOYER. ARTICLE IV EMPLOYER SECURITY The UNION agrees that dUring the life of thiS AGREEMENT It will not cause, encourage, participate In or support any strike, slow-down or other Interruption of or Interference with the normal functions of the EMPLOYER ARTICLE V 51 52 ARTICLE VI 61 . EMPLOYER AUTHORITY The EMPLOYER retains the full and unrestricted right to operate and manage al/ manpower, facIlities and eqUIpment, to establish functions and programs, to set and amend budgets, to determine the utilization of technology, to establish and modify the organizational structure, to select, direct and determine the number of personnel, to establish work schedules and to perform any Inherent managerial functIon not specifically limited to this AGREEMENT Any term and conditIon of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretIon of the EMPLOYER to modify, establish or elimInate UNION SECURITY The EMPLOYER shall deduct from the wages of employees who authorize such deduction In writing an amount necessary to cover monthly UNION dues or a "fair share" decuctlon as prOVided by Minnesota Statutes 179 65, SubdivIsion 2, If the employee elects not to become 2 . . . . 63 64 ARTICLE VII 71 72 73 74 62 a member of the UNION Such mOnies shall be remitted as directed by the UNION The UNION may designate employees from the bargaining Unit to act as a Steward and an alternate and shall Inform the EMPLOYER In writing of such choice and changes In the position of Steward and/or alternate The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements The UNION agrees to Indemnify and hold the EMPLOYER harmless against any and all claims, SUits, orders or Judgments brought or Issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the prOVIsions of this Article EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE DEFINITION OF A GRIEVANCE A gnevance IS defined as a dispute or disagreement as to the Interpretation or application of the specific terms and conditions of the AGREEMENT UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining Unit having the duties and responsibilities established by thiS Article The UNION shall notify the EMPLOYER In wntlng of the names of such UNION representatives and of their successors when so designated, as provided by Section 6 2 of thiS AGREEMENT PROCESSING OF A GRIEVANCE It IS recognized and accepted by the UNION and the EMPLOYER that the processing of gnevances as hereinafter provided IS limited by the Job duties and responsibilities of the employee and shall therefore be accomplished dUring normal working hours only when consistent With such employee duties and responsibilities The aggrieved employee and a UNION representatIVe shall be allowed a reasonable amount of time Without loss In pay when a grievance IS Investigated and presented to the EMPLOYER dUring normal working hours proVided the employee and the UNION representative have notified and received the approval of the deSignated supervisor who has determined that such absence IS reasonable and would not be detnmental to the work of the EMPLOYER PROCEDURE Grievances as defined In Section 7 1 shall be resolved In conformance With the following procedure Steo 1 An employee claiming a Violation concerning the Interpretation or application of thiS AGREEMENT shall, Within twenty-one calendar days after such alleged Violation has occurred, present such grievance to the employee's supervisor as deSignated by the 3 EMPLOYER The EMPLOYER - designated representative will discuss and give an answer to such Step 1 gnevance within ten (10) calendar days after receipt A gnevance not resolved In Step 1 and appealed In Step 2 shall be placed In wntmg setting forth the nature of the gnevance, the facts on which It IS based, the provIsion or provIsions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 wlthm ten (10) calendar days after the EMPLOYER- deSignated Representative's final answer In Step 1 Any gnevance not appealed In wntmg to Step 2 by the UNION within ten (10) calendar days shall be considered waived SteD 2 If appealed, the wntten gnevance shall be presented by the UNION and discussed with the EMPLOYER-deslgnated Step 2 Representative The EMPLOYER- deSignated Representative shall give the UNION the EMPLOYER's Step 2 answer In wntlng within ten (10) calendar days after receipt of such Step 2 gnevance A gnevance not resolved In Step 2 may be appealed to Step 3 within ten (10) calendar days follOWing the EMPLOYER-designated Representative's final Step 2 answer Any gnevance not appealed In wntlng to Step 3 by the UNION within ten (10) calendar days shall be considered waived SteD 3 If appealed, the wntten gnevance shall be presented by the UNION and discussed With the EMPLOYER-designated Step 3 Representative The EMPLOYER- deSignated Representabve shall give the UNION the EMPLOYER'S answer In wntlng Within ten (10) calendar days after receipt of such Step 3 gnevance A gnevance not resolved In Step 3 may be appealed to Step 4 within ten (10) calendar days follOWing the EMPLOYER-deslgnated Representative's final answer In Step 3 Any gnevance not appealed In wntlng to Step 4 by the UNION within ten (10) calendar days shall be considered waived SteD 4 A gnevance unresolved In Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provIsions of the Public Employment Labor Relations Act of 1971, as amended The selection of an arbitrator shall be made In accordance with the "Rules Governing the Arbitration of Gnevances," as established by the Public Employment Relations Board 7 5 ARBITRATOR'S AUTHORITY A The arbitrator shall not have the nght to amend, modify, nullify, Ignore, add to or subtract from the terms and conditions of thiS AGREEMENT The arbitrator shall conSider and decide only the speCific Issue(s) submitted In wntlng by the EMPLOYER and the UNION and shall have no authonty to make a deCISion on any other Issue not so submitted 4 . . . . . 77 . -..--------- --- B The arbitrator shall be without power to make decIsions contrary to or Inconsistent with or modifyIng or varyIng In any way the application of laws, rules or regulations haVing the force and effect of law The arbitrator's decIsIon shall be submitted In writing within thirty (30) days follOWing the close of the hearing or the transmIssion of briefs by the parties, whichever be later, unless the parties agree to an extension The decIsion shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbItrator's InterpretatIon or application of the express terms of the AGREEMENT and to the facts of the grievance presented The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsIble for compensating Its own representatives and witnesses If either party deSires a verbatim record or the proceedings It may cause such a record to be made, providIng It pays for the record If both parties deSire a verbatim record of the proceedIngs, the cost shall be shared equally C 76 WAIVER If a grievance IS not presented WithIn the time limIts set forth above, It shall be considered "waived". If a grievance IS not appealed to the next step WithIn the specified time limIt or any agreed extensIon thereof, it shall be considered settled on the baSIS of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof Within the specified time limits, the UNION may elect to treat the grievance as demed at that step and Immediately appeal the grievance to the next step The time limit In each step may be extended by mutual written agreement of the EMPLOYER and the UNION In each step CHOICE OF REMEDY If, as a result of the written EMPLOYER response to Step 3 the grievance remaIns unresolved, and If the grievance Involves the suspension, demotion or discharge of an employee who has completed the requIred probationary period, the grievance may be appealed either to Step 4 of ArtIcle VII or a procedure such as CIVil ServIce, Veteran's Preference or Fair Employment If appealed to any procedure other than Step 4 of Article VII, the grievance IS not subject to the arbItration procedure as provIded In Step 4 of Article VII The aggrieved employee shall Indicate In writing whIch procedure IS to be utIlized, Step 4 of ArtIcle VII or another appeal procedure and shall sIgn a statement to the effect that the chOIce of any other hearing precludes the aggrieved employee from makIng a subsequent appeal through Step 4 of Article VII 5 ARTICLE VIII SAVINGS CLAUSE . This AGREEMENT IS subject to the laws of the United States, the State of Minnesota and the City of Stillwater In the event any provISion of thiS AGREEMENT shall be held to be contrary to law by a court of competent junsdlctlon from whose final judgment or decree no appeal has been taken Within the time prOVIded, Such proVISion shall be VOId All other provIsions of this AGREEMENT shall continue In full force and effect The VOided provIsion may be renegotiated at the wntten request of eIther party ARTICLE IX 91 92 93 94 95 ARTICLE X 10 1 102 103 SENIORITY Senlonty shall be determined by the employee's length of contInuous employment With the Police Department and posted In an appropriate location Senlonty rosters may be maintaIned by the ChIef on the baSIS of time In grade and tIme Within specific claSSifications DUring the probatIonary penod a newly hIred or rehired employee may be discharged at the sole discretion of the EMPLOYER Dunng the probationary penod a promoted or reaSSigned employee may be replaced In their prevIous pOSitIon at the sole discretion of the EMPLOYER A reduction of the work force will be accomplished on the baSIS of senlonty Employees shall be recalled from layoff on the baSIS of senlonty An employee on layoff shall have an opportUnity to return to work within two (2) years of the time of their layoff before any new employee IS hired Senior employees will be given preference With regard to transfer, job claSSification assignments and promotions when the job relevant qualifications of employees are equal Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-tIme employment DISCIPLINE The EMPLOYER will diSCipline employees for just cause only DISCipline will be In one or more of the followIng forms a) oral repnmand, b) wntten repnmand, c) suspension, d) demotion, or e) discharge Suspensions, demotions and discharges will be In wntten form Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the 6 . . . . . 104 105 106 107 employee Employees and the UNION will receive a copy of such repnmands and/or notices Employees may examine their own Individual personnel files at reasonable times under direct supervision of the EMPLOYER Discharges Will be preceded by a five (5) day suspension without pay Employees Will not be questioned concerning an Investigation of disciplinary action unless the employee has been given an opportUnity to have a UNION representative present at such questlomng Grievances relating to thiS Article shall be Initiated by the UNION In Step 3 of the Grievance Procedure under Article VII ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all cItizens by the Umted States and Minnesota State Constitutions ARTICLE XII 121 122 123 124 125 126 OVERTIME Employees Will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked In excess of the employee's regularly scheduled shift. Changes In shifts do not qualify an employee for overtime under thiS Article Overtime will be distributed as equally as practicable Overtime refused by employees will, for record keeping purposes under Article 12.2, be considered as unpaid overtime worked For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked Overtime Will be calculated to the nearest fifteen minutes Employees requesting In writing to the EMPLOYER to receive compensatory time off In lieu of paid overtime as established by Section 12.1 of thiS Article shall be allowed such compensatory time at a time mutually agreeable between the employee and the Police Chief Carry over of compensatory time off shall be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carned over by December 31 st of each calendar year shall be paid off on that date ARTICLE XIII COURT TIME An employee who IS required to appear In court on their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2) times the employee's base pay rate An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the two (2) hour minimum 7 ARTICLE XIV CALL BACK TIME An employee who IS called to duty dunng their scheduled off-duty time shall receive a mlmmum of two (2) hours pay at one and one-half (1-1/2) times the employee's base pay rate An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authonty of a higher Job classification for one work penod or more shall receive the salary schedule of the higher class lficatlon ARTICLE XVI SICK LEAVE 16 1 EMPLOYEES HIRED PRIOR TO APRIL 24, 1989 a All full-trme employees shall, after a term of employment of SIX (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness For the purpose of thiS contract sickness shall Include Injury other than aCCident or Injury arising out of and In the course of employment by the City Sickness disability benefits shall be as follows 1. If term of employment has been SIX (6) months, but less than two (2) years, one (1) week at full pay 2 If term of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for mne (9) weeks 3 If term of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks 4 If term of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thlrty-mne (39) weeks 5 If term of employment has been 15 to 20 years, full pay for twenty SIX (26) weeks, half pay for twenty-sIx (26) weeks 6 If term of employment has been 20 to 25 years, full pay for thlrty-mne (39) weeks, half pay for thirteen (13) weeks 7 If term of employment has been 25 years or more, full pay for fifty-two (52) weeks No disability benefits shall be paid for absence In excess of three (3) consecutive days Without a doctor's certification as to Sickness Successive penods of Sickness disabilIty shall be counted together as one penod In computrng the penod dunng which the employee shall be entitled to benefits, except that any Sickness occurnng after an employee has been continually engaged In the b c 8 . . . . d performance of duty for one year shall be considered as a new sickness and not part of any disability which preceded such penod of one year. Any employee who IS receiving Worker's Compensation benefits because of Job connected Injury or sickness shall, If the employee assigns their check to the City of Stillwater, receive full wages for that penod Of, If the employee IS receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's CompensatIon allowance and their regular weekly pay Sick leave shall then be figured on a prorated baSIS with no deduction of leave being made for that portIon of the employee's absence which IS covered by Worker's Compensation For the purpose of thiS ArtIcle, sick leave shall accrue In accordance With the schedule In SectIon 16 1 on the January 1 st Immediately preceding the anmversary date of employment e . 16 2 Sick leave Will be suspended after benefits have been exhausted However, an employee who has fulfilled all of the reqUirements for vacation whIch has not been taken may request vacation pay dunng disability After an sick leave benefits have been exhausted any disabled employee may apply, In wntlng, for an authonzed leave of absence which when added to the penod for which benefits have been paid shall not exceed one year Such application shall be accompamed by a physIcian's certificate to the effect that such disabled employee has not been able to return to work Upon return to employment, the employee shall retain all accumulated service credit of time worked pnor to the employee's disability but shall receive no service credit for the penod of absence 16 3 EMPLOYEES HIRED AFTER APRIL 24, 1989 1 All full-time employees hired after Apnl 24, 1989 shall, after a term of employment of one year, be qualified to receive payments on account of phYSical dlsablltty to work by reason of Sickness For the purpose of thiS Contract, Sickness shall Include injury other than aCCidental InJury anslng out of and In the course of employment by the City Sickness benefits shall be as follows a If term of employment has been one year but less than two years, one week of full pay b If term of employment has been 2 to 5 years - full pay 4 weeks, half pay 9 weeks c If term of employment has been 5 to 10 years - full pay 13 weeks, half pay 13 weeks If term of employment has been 10 to 15 years - full pay 13 weeks, half pay 9 . d 2 39 weel<s e If term of employment has been 15 to 20 years - full pay 26 weeks, half pay 26 weel<s f If term of employment has been 20 - 25 years - full pay 39 weeks, half pay 13 weeks g If term of employment has been 25 years or more - full pay 52 weeks No disability benefits shall be paid for absences In excess of three consecutive days wIthout a doctor's certificate as to sickness disability Sickness disability benefits usage shall be subject to the following conditions a An employee may use the full entitlement only once annually b Any days used by an employee must be replaced at the following earning rate employee shall earn sickness disability leave at the rate of two shifts for each month worked c Sickness disability leave time cannot be earned dunng the time an employee IS on sIck leave d Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit Any employee receiving Worker's Compensation benefits because of Job connected Injury or sickness shall, rf he assIgns his check to the City, receive full wages for that penod Or, rf the employee IS receIVing Worker's Compensation and does not assign their check, the employee Will be paId for the difference between the Worker's Compensation allowance and their regular weekly pay Sick leave shall than be figured on a prorated basIs With no deduction of leave being made for that portion of the employee's absence which IS covered by Worker's Compensation Insurance S,ck leave shall not be granted If the absence IS due to an Injury resulting from Intoxication or from fighting SIck leave will be suspended after benefits have been exhausted, however, an employee who has fulfilled all of the reqUirements for a vacation which has not been taken may request vacation pay dunng disability After all Sick leave benefits have been exhausted, any disabled employee may apply In writing for an authOrized leave of absence Without pay, prOVIded that the penod of such leave when added to the penod dUring which benefits have been paid shall not exceed one (1) year Such application shall be accompanied by a physIcIan's certificate stating that such dIsabled employee had not been able to return to work Upon return to active employment, the employee shall retaIn all accumulated service credit for time worked prior to hIS disability, but shall receive no such credit for the penod of absence . 3 4 . 5 6 . 10 . . . ARTICLE XVII SEVERANCE PAY One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City In the event of death while stili employed, the survIVIng spouse, If any, or rf no survIving spouse, minor children, If any, shall be entitled to such severance pay In the same amount as though such employee had retired due to age or physical disability, as provided above, but In no event shall such death benefit exceed SIXty (60) days of full pay ARTICLE XVIII HOLIDAYS 18 1 Employee shall be entitled to eleven (11) paid holidays per year 18 2 Holiday pay shall be made the first pay day In the month of December of each year 18 3 The hourly rate for holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month 18 4 Any employee required to work on any of the follOWing holidays shall be granted an additional one-half (112) times the employee's base pay rate In addition to regular pay and holiday pay for the entIre shift In recognition of said holiday New Year's Day Martin Luther King Day Memorial Day Labor Day ThanksgiVIng Day Christmas Day 18 5 Immediately preceding the 1 st anmversary date of employment the employee shall be entitled to one addItional floating holiday WIthOUt holiday pay July 4th Veterans Day ARTICLE XIX VACATION 19 1 Permanent employees shall be entitled to the follOWIng schedule From 0 thru 12 months employment 5/6 day per month From 1 year thru 4 years employment 10 days per year After 4 years thru 10 years employment 15 days per year After 10 years thru 15 years employment 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maxImum of 25 days 19 2 Vacation shall accrue on the January 1 st Immediately preceding the anniversary date of employment and must be taken Within one (1) year except that after five (5) years employment, two (2) weeks of vacation may be carned over Into the next year There shall be a maximum of SIX (6) weeks vacation dUring anyone (1) calendar year 11 193 One continuous vacatIon period shall be selected on the baSIS of seniority until March 1 st of . each calendar year ARTICLE XX UNIFORMS The EMPLOYER shall provide required uniform articles and equipment, including Juvenile Officer clothing ARTICLE XXI INSURANCE 21 1 A Effective January 1, 1999, the EMPLOYER will contribute up to Four Hundred and Eighteen Dollars ($418.00) per month, per employee toward group health and long-term disability Insurance including dependent coverage 8 EffectNe January 1, 2000, the Employer will Increase ItS contribution by Twenty-five dollars ($2500) or Fifty Percent (50%) of the Increase In premiums, whichever IS greater, based on the higher cost hospital/medical plan C Effective January 1, 2001, the Employer will Increase the contribution by Twenty-five ($2500) or Fifty Percent (50%) of the Increase In premiums, whichever IS greater based on the higher cost hospital/medical plan. purpose of negotiating the Employers contribution toward group health Insurance premIums 21 2 Ten dollars ($10) of the maximum stated In 21 1 may be utilized to prOVide an employee dental Insurance program for all Unit employees If the UNION notIfies the EMPLOYER that the Unit employees desire such coverage 21 3 The EMPLOYER will provide a $20,000 term life Insurance policy for each employee. . ARTICLE XXII LONGEVITY/EDUCATIONAL INCENTIVE 22 1 All full-time employees hired pnor to April 24, 1989 shall be eligible to receive longevity/educational Incentive pay according to the following schedules A LONGEVITY PAY 1) Employees shall choose to be paid supplementary pay based on educatIon credits as outlined In Section 22 18 of thiS Article or monthly longeVity pay as follows Narcotics Off/ Juvenile Off/ Investloator Patrol Officer Seroeant Effective Januarv 1. 1999 After 4 years of continuous employment After 8 years of continuous employment After 12 years of $ 82 00 $13700 $ 85 00 $14200 $ 88 00 $14700 . 12 . contmuous employment After 16 years of continuous employment Effective Januarv 1. 2000 After 4 years of continuous employment After 8 years of continuous employment After 12 years of continuous employment After 16 years of contmuous employment ---- - --- --- $191 00 $246 00 $198 00 $255 00 $206 00 $265 00 $8450 $ 88 00 $ 91 00 $141 00 $19700 $253 50 $146 00 $204 00 $263 00 $151 50 $212 00 $273 00 2) These dollar amounts will be paid for longevity until such time as the dollar amount generated by the longeVity pay program for other City employees equals or exceeds these amounts At that time, the longevity pay program In effect for other City employees will be adopted for all employees. . EDUCATIONAL INCENTIVE PAY 1) After twelve (12) months of continuous employment, each employee shall be eligible to receIVe pay as follows 8 Education Credits stated In terms of College Pay Increments Quarter Credits Years of Service One Two Three Effective January 1. 1999 45 - 89 credits $ 65 60 $ 73 80 $ 82 00 90 - 134 credits $10960 $12330 513700 135 - 179 credits $15310 $172 20 $191 00 180 or more credits $19680 $221 40 $246 00 Effective Januarv 1. 2000 45 - 89 credits $6757 $ 76 02 S 84 46 90 - 134 credIts $112 89 $127 00 $141 11 . 135 - 179 credits $157 69 $177 37 $196 73 180 or more credits $202 70 $22804 $253 38 13 Not all courses are to be eligible for credit Courses receIVIng qualifying credits must be lob related (Thus, a 4 year degree IS not automatIcally 180 credits - or a 2 year certificate IS not automatically 90 credits) Job related courses plus those formally required to enter such courses shall be counted If Pnnclples of Psychology (8 credits) IS required before taking Psychology of Police Work (3 credits), completion of these courses would Yield a total of 11 qualifying credits C E U 's (ContinUing Education Units) In Job related seminars, short courses, Institutes, etc, shall also be counted The EMPLOYER shall determine which courses are Job related Disputes are gnevable based on the criteria outlined In the award of Minnesota Bureau of Mediation Services Case NO 78-PN-370-A C Employees may choose supplementary pay eIther for length of service or for educatIonal credits no more often than once every twelve (12) months 22 2 For all employees hired after Apnl 24, 1989, monthly longeVity pay shall be established as follows, based on top patrol Effective Januarv 1 1999 a $74 00 per month after 5 years through 10 years b $148 00 per month after 10 years through 15 years c $222 00 per month after 15 years through twenty years d $266 00 per month after twenty years and thereafter Effective Januarv 1 2000 a $76 00 per month after 5 years through 10 years b $15300 per month after 10 years through 15 years c $229 00 per month after 15 years through twenty years d $274 00 per month after twenty years and thereafter ARTICLE XXIII UNION STEWARD The EMPLOYER agrees that the employee deSignate Steward under Article 6 2 of thiS AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION matters as deSignated by the UNION In addition to the other Steward activities as prOVided for In thiS AGREEMENT ARTICLE XXIV MILITARY LEAVE The EMPLOYER agrees to allow military leave as prOVided by Minnesota Statutes 14 . . . . '. . ARTICLE XXV WAIVER 25 1 Any and all pnor agreements, resolutions, practIces, pOliCies, rules and regulaTIons regarding terms and conditions of employment, to the extent Inconsistent With the provIsions of thiS AGREEMENT, are hereby superseded 25 2 The parties mutually acknowledge that dunng the negotiations which resulted in thiS AGREEMENT, each had the unlimited nght and opportumty to make demands and proposals With respect to any term or condition of employment not removed by law from bargaining All agreements and understandings amved at by the parties are set forth In writIng In this AGREEMENT for the stipulated duration of this AGREEMENT The EMPLOYER and the UNION each voluntanly and unqualifiedly waives the nght to meet and negotiate regarding any and all terms and conditions of employment referred to or covered In thiS AGREEMENT or With respect to any term or conditIon of employment not speCifically referred to or covered by thiS AGREEMENT, even though such terms or conditIons may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXVI HOURS OF EMPLOYMENT The work week Will consist of an average forty (40) hours per week. ARTICLE XXVII DURATION The AGREEMENT shall remain In full force and effect for a penod commencing January 1, 1999 through December 31, 2001. In the event a new AGREEMENT IS not In effect January 1, 2002, all compensatIon, working conditIons and benefits shall remain In effect as set forth In thiS AGREEMENT untIl a successor AGREEMENT IS effected 15 1~ii~~e:.=-i - "~~.,:-"'" "'- IN WITNESS WHEREOF, the parties hereto have executed thiS AGREEMENT on this _ day of , 1999. FOR THE CITY OF STILLWATER: FOR LELS, LOCAL NO. 257: 16 . . -' . . . . APPENDIX A MONTHLY WAGE SCHEDULE The following wage schedule shall be In effect Effective Januarv 1. 1999 Start After 6 months After 12 months After 24 months After 36 months (Top Patrol) 70% of Top Patrol 75% of Top Patrol 80% of Top Patrol 90% of Top Patrol $3,865.00 DIFFERENTIAL PAY Police Seraeant Effectrve Januarv 1. 1999 $335.00 per month over the Top Patrol (36 month) rate Effective Januarv 1. 2000 $350 00 per month over the Top Patrol (36 month) rate Juvenile Officer/lnvestloator/Narcotlcs Officer Effective Januarv 1. 1999 $155 00 per month over the Top Patrol (36 month) rate Effective January 1. 2000 $16500 per month over the Top Patrol (36 month) rate 17 Effective Januarv 1 2000 70% of Top Patrol 75% of Top Patrol 80% of Top Patrol 90% of Top Patrol $3,981.00 =--- - ..-:;~ -:;:-- - ... Effectrve Januarv 1. 2001 70% of Top Patrol 75% of Top Patrol 80% of Top patrol 90% of Top Patrol $4100 00 .- , ,'. _ - _.'~ >..:~ 1~c}3'~ . . . - "":-- ......... ~ ..._ .,.1 _ ... > ..- ~ .:.~~:::";~~ ~:~~~:; . 'v .- . MAGNUSONLAWFiRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NOIml MAIN STREET. Sum; #202. PO. Box 438. STn.LWATER, MN 55082 TELEPHONE: (651) 439-9464 . TELEcoPIER" (651) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEt'"'l MEMORANDUM TO: City Council and Staff V David T. MagnusOn~ December 1, 1999 FROM: DATE: RE: Valley Co-op Parking Agreement Enclosed is the final draft of the Agreement with Valley Co-op for grocery store parking 4t . the Water Street Lot. This final draft bas been approved by lawyers for the Co-op and also approved ' . . .~ , . )..... ...- ,. by our City Staff. We respectfully recommend Council approval. . - - /nm " RESOLUTION NO I. APPROVAL OF PARKING AGREEMENT BETWEEN THE CITY OF STllLWATER AND VALLEY CO-OP BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Valley Co-op for grocery store parking in the Water Street lot, for an initial term of twenty years, subject to extensions or termination in accordance with the Agreement, attached hereto as Exlul>it "A", is hereby approved. Adopted by Council this 7th day of December, 1999. , .. ...,: - . Mayor ATTEST: City Clerk ... : c . . . " . . . . " - ... .. ----.. PARKING LEASE AGREEMENT TInS AGREEMENT is made tins day of , 1999, by and between the CITY OF STILLWATER, a Minnesota corporatIon under the laws of Minnesota ("City''), and VALLEY CO-OP, INC., a Minnesota corporation C'Valley Co-op"). RECITALS A. City is the owner ofland located in the City of StIllwater, County of Washington, State of Minnesota, legally descn'bed as set forth on Exhibit "A" attached hereto (the "Property''). B. Valley Co-op desires to lease from City, and City desires to lease to Valley Co-op, a surface parking lot on that part of the Property described in Exln'bit "B" attached hereto (the "Parking Area'') and to create the necessary leasehold rights for joint use of the Parking Area by Valley Co-op and the City. - - NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed that: . 1. Exclusive CitY Possession of Parkine: Area. City shan have exclusive use- of the Parking Area between the hours of 10:00 p.m. and 8:00 a.m. on each day, and OIi each day, if any, that the grocery store operat~ by Valley Co-op on the site they are leasing from ~e M~eam Development Partneiship; directly across Water Street from the Parking Area (the "Grocery Store''), is closed (collectively,'c'PublicUsePenod''). ,.' - . .;,-' '-'.' :..- - ~ ....... ..." :. .... .-.. f ., ...'If'... \ _".... ~. ,. - _... ... f "... ...~ ",...1' ..I~ ,,>4"'_- ... t' ,.:..... ... t~ J' ~"'f I ... r I .......... { .."'...... 1 ~.. j . ... "::"JIi$; >-. .;-:,. ~ ,...., ~- t ~ ..., ...,....~~"j..."'..l,-...J ;..<.. "jJ..t!l ~~"'f' ",-J ( .. ., .lot C. t.,.... "~c,.t.. ~ J# ~ f~.I...... 2. - Exclusive Lease ofParkine: Area. CitY hereby leases to Valley Co:pp, and ~a11ey ,j -"'~ -, ~, - Co-op hereby leases from City; exclusive use of the Parking Area between "the hams 'of 8":00 ~m~ :. and 10:00 p.m. Monday through Sunday, except for any days in which the Grocery Store elects"not to conduct business (collectively, ''Valley Co-op Use Period''). ~ . 3. Rent. Valley Co-op shall pay to CIty rent in the sum of$l.OO per year. 4. Use. Valley Co-op is permitted to use the Parking Area at all times during the Valley Co-op Use Period for Grocery Store parking pmposes, for customers only and not for employees of Valley Co-op; provided, however, if reasonably convenient and sufficient employee permit parking spaces are not available to employees in the neighborhood of the Parking Area, such employees may also use the Parking Area. Any use of the Parking Area for retail or tent sales is prohibited unless prior written permission is obtained by Valley Co-op from City. S. Construction. City shall, at its sole expense and before the Grocery Store opens for business, design and construct a surface parking lot ("Parking Lot'') on the Parking Area in the following manner: ' (a) The Parking Lot shall have bitwninous surface. N \PL\GCE\65734091 wpd 1 '. (c) (d) (e) (f) (g) J" .,..... (b) The portion of the Parking Lot subject to this lease will consist of no less than fifty (50) grocery store sized parking spaces, and one additional space for use as a non-motorized park area in which Valley Co-op will install bike racks at their own expense. . There will be reasonably adequate vehicular access to and from the Parking \ Lot to Water Street. The City will stripe the Parking Area to identify the Parking Area and stripe, sign and mark pedestrian crossing areas on Water Street for use by Grocery Store customers. ~e City will landscape the Parking Area. . . The City will install appropriate lighting in the Parkfug Area. ~ l ~ # .. -t _ '"'........ ..,:-~:: J.~..... .. l.. ,.. ~ 'r ~:... 1 ~.. _"":1 'I. '"'"' ......, _ ~ The design ~d specifications for all construction and~provements will be comparable to the standards for the ,North Main Street parking l~t that was built durlDg the Downtown Revit8Iiziltion projeCt, completed in i992. ~ " "...' , ...' ".. ...,..... ...... 6. Use Control. Yalley Co-op will, be resp~!l5~1?le ~or m_~8!ng arid controlling ~e of the Parking Area during the Valley Co-op'Use Period and dmmg such penOd the . City will hot be . .. t ...... "<' ,..... 1; -.. I ....... ........ .., ..;lrrt'} ~ ,... - ~i'i ~ responsIble for policing the area. Any needed cart cori'als or bike'rackS muSt be proVideCl by Vatley - Co-op, and all grocery carts mUst be stored within 'the cirOc~ Stoie':d~hoUrs- iD..l.which the ~- . ~ocery Sto.re is not o~en. forbus~ess: Valley Co:op_~~a~~~!~:ttf~~~~~1&fW!~9~, . sIgnage or Slgnage restricting p~g t,? ~~mers ,o~the.~~e.!>: ~!~~ ~~~~'::!l!~Y.t~P_~ -. _ Use Period, to tow, ve~cl~..~ art\?o~g :Xa1!~~~~-gp;~ '!,i~~.~lJ.~e:r:an~~:t...~i~ ~ :. temporary barricades as needed to restrict aCcess to the Parkirig Area frOm the remainder of the ' - , - e......... ,"" ... h.. f. ~....... .._ Property. . 'I -,' _' . .~- .,. .'" ., " ;:.... , 7. Maintenance and Operating E~enses. (a) Snow Removal. Valley Co-op will contract for snow plowing of the entire parking lot in which the Parking Area is located at its own expense. City, however, will be responsible for snow removal and hauling for the entire parking lot, including the Parking Area, according to the schedule developed by City for the removal and disposal in other City parking lots in downtown Stillwater. (b) Trash PIckun. Valley Co-op, at its expense, will provide a trash receptacle for use in the Parking Area. However, City, at its expense, will provide for removal and disposal of the trash in a timely manner on the schedule developed by City for trash removal from other parking lots in downtown Stillwater. N \PL\GCE\65734091 wpd . 2 '. . . . (c) Sweeping. City shall, at its expense, periodically sweep the surface of the Parking Area on the schedule developed by City for the sWeeping of other parking lots in downtown Stillwater. (d) Seal Coating. City, at its expense, will be responsible for seal coating the Parking Area on a schedule developed by City for the seal coating of other parking lots in downtown Stillwater and City will periodically install bituminous overlayments of the Parking Area when reasonably necessary. Anyre-striping needed after the seal or overlayment will be the responsibility of City. (e) Reconstruction. It is anticipated that the Parking Area may need to be reconstructed and rebuilt everi20 to 30 years. - In the event the Parldng Area is reconstructed or rebuilt during the term of this Agreement, and City spre~ all or part of the costs of reconstruction as an ass~sment ~gainst . benefitting property, Valley Co-op will, to the extent required pUrsuant to its lease of the Grocery Store,' contribute to the payment of an assessment against the property in which the Grocery Store is situated, which assessment shall be levied on the same basis and at the same rate as otherpropc#f:y.Within the assessment district. n: however, the owner of the Grocery Store space leased by Valley Co-op will not - consent to this - assessment laiid the assessment is not levied against the property in which the Grocery "Store is situated, Valley Co-op will, from time to time, pay to the CitY, as additional rent, an amount equal to the amount that Valley Co-op woUld have contributed, pursUant to the terms of its lease of the Grocery -Store, to _ ... ".... R J._ ..-\.. ...... payment of the annual installments of any such assessment when 'the same ~_- woUld have been due if said usessment had been leVied'ag~inst iiieprl)pirtY-;- . upon which the Grocery Store is situated in accordance with 'the foregoirig - provisions of this Paragraph. . ;',' : ~ ~ .;.:. . ~ 8. Insurance. Valley Co-op will purchase and maintain, throughout the term of the Lease, commercial general liability insurance insuring Valley Co-op against liability for bodily injury and property damage arising out of the operation, use or occupancy of the Parking Area in an amount of at least $1,000,000 per occurrence.' Such policy shall name City as an additional insured. A certificate evidencing the existence and amount of any such policy shall be delivered to City before the date that Valley Co-op is first given the right of possession of the Premises, and thereafter at least thirty (30) days prior to the expiration of such policy. 9. Reservation of Air Rights. City reserves the right, during the term of this Agreement, to construct a multi-level parking facility over the surface of the Parking Area, and for that purpose reserves all air rights over the surface of the Parking Area; provided, however, any such construction shall be conducted in a manner that, to the extent reasonably practicable, preserves Valley Co-op's rights of vehicular access to, and use of, the Parking Area throughout the course of any such construction. N \PL\GCE\6S734091 wpd 3 " -- -- ';: : .~ ...-...... - - ~J~ ....;.,.c...-;:;j.:-:,.. '(:..::\.-... ,- -.,. ;-_::~ --- ; ...rt>#uw~}t~_... -"':-:::-:-:-.. #' ~~ ~.," ,... .. .- ,. ;: ~ .......;.,:... ~::~~~.. ~ ~ -.. .. Yo, ..~.... ~.~""'..- -,# ,.. -=----" !f::~i~~~'~ : .. ..." '?~.I.'.. r ~~......... - -.. - - -.. ...... ... ..~ :.:"O:~:;:- ~~:;~, -a- 10. Telm. This Agreement and the riihts and covenants contained herein shall have an initial term of twenty (20) years ("Term") subject to extensions or termination in accordance with the provisions hereof. Notwithstanding the foregoing, the Term shall automatically be extended for three (3) additional ten (10) year periods unless, -at least six (6) months prior to the commencement of any such extension term, Valley Co-op delivers notice to City ofV alley Co-op's election to waive any such extension-term (a '~aiver Notice'). :In the event of the delivery by Valley Co-op of a Waiver Notice, this Lease shall be deemed expired and of no further force and effect as of the last day of the Term in which the Waiver Notice is delivered and, upon City's request, Valley Co-op will execute and deliver an instrument that is reasonable in form and that memorializes the occurrence and effect of any such termination. . F:.1J!ther, n~~~tanding any provisionS of this Parking Lease to the contrary, this ~arking Lease will t~te thirty (30) dayS after the'adjaCent site is no longer used as a Groc~ Store; pro~ded, however;tlrls provision shall notbe' aPPlicable With respect to any cessation of uSe caused by.r~~~e~g~~ty,~d~~ge or o,~~.e.t~~;~f.!~ice~majeUf!3 &!1~ p~yid~ ~~'. th!s _, prOVISIon shall not be ,construed to pemnt a teilnination of the Lease dunng any penod m which a r~ '" .. Jo ~,._~ .. ..""'........." ~ ... mortgagee 'or :a:s~gn~' of Valley Co-op's rightS'hereunder has a'right to cure pursuant.to the . . "'''''1: ~~ ~JO. .. - - i"J<,.1~ proVIsIo~ .of ~ ...,agreement between City aild. any, such mortgagee or assignee in the form contempl~ted in'P~h 18 hereof. :'.::';t.:.~~ ,-: . - : -. - ),;.;-';~~ ~.. .. I 4 .. ; :;p"~:"~ \ .. f....~ ~"It ..._' ......,. t ... I" . -"., 11. ,. Additional Spaces. IfV8ney ~o.:c)p iirfo~ City that the Parking Area is iDadequa~e to service the Ci!~ceIy ~tore, City agrees to meet and comer with Valley Co-op to consider providing additioJ!al parking spaces to the Parking Area. _: '- . " , - ,. - "::"'j..t:~:.:.:;(~]..: ~ . t't";~w"'~/ .... -: ...toO ~ . \' ~.. ,12.. -,;D~fauii Intheeventeitherp~Ii~ofm1stotakemyactionortopayanyainount payablerby a'p~Jlereunder (''Event ofDefaUli'D,fthen''the hondefaUithlg party (''NondefaUlting . Partl1liiayJb~~[fbave'no 'obligation'to~WVide (\tli{ defilUituriP:rtyl','DefaUliirig~P~~~With - , ~. '...., _...,' ~.... " . .. ... ~~~,. ~ - .,. _ . .. ...} t ....~ l ".......... ~ ~ wntten notice _speCIfyirig the Event ofDefault.5\lfthe Defaulting Party fads to cure the-Event o( Default within fuirtY'(30) days of receipt of the lfo'ticC: or such- furthei time as reasonabiy neCessary to complete a cure, then the Nondefaulting PartY may, declare this Parking Lease terminated and of no further force and effect. . I"" _ , ~ ... -..~ ... ': . t 13. Notices. All notices provided herein must be in writing and will be deemed delivered when personally served, when sent prepaid by nationaIlyrecognized overnight courier, or when sent by first class certifiC:d mail, return receipt requested, served or addressed as follows: ... \~ .. Ifto City: City .of Stillwater 216 North Fourth Street Stillw~er, Minnesota 55082 Attn: Mr. Steve Russell If to Valley Co-op: , , Re~ Cardinal Farm, Inc. 9694-7 5th Street North Stillwater, Minnesota 55082 Attn: Mr. David Washburn . N \PL\GCE\6S734091 wpd 4 -. '. . . ~,~ .... : ~(... \:: ~ ... - - ... __ _..._ ~_~ .,.'E __or __.... ...~ ... .., - ...r..i ~~~ ......... _ t-. ...' ....,.. J .. _ - or to such other addresses that either party designates by notice given pursuant to this Section 13. 14. Successors and Assigns. This Agreement and the rights and covenants contained herein are not assignable and may not be transferred or assigned to any other party, except to the extent contemplated in Paragraph 18 hereof and except that Valley Co-op shall have the right to assign its right, title and interest hereunder to any successor operator of the Grocery Store. 15. Warranties of Title and Quiet Possession. City covenants that City is seized of the Parking Area in fee simple and has full right to make this Agreement subject to the terms hereof, and Valley Co-op will, subject to its performance ofits obligations hereunder, have quiet and peaceable possession of the Parking Area during the term hereof as against the acts of all parties claiming title to or a right to the possession of the Parking Area, and further warrants that the proposed use of the Parking Area by Valley Co-op is perinitted under all applicable zoning ordinances and land use regulations. ,- - - .. ... ) \"... .. _ r .J..- 16. Estoppel Certificate. In addition to any other information which may reasonably be requested, either party must without charge; at "any time and from time to time hereafter;within ten (10) days after written request, certify by written instrument executed and acknowledged to any person, firm, or corporation specified in the request: (a) Whether this Agreem~i ~ been supplemented or amended, and if so, the substance and manner of such supplement or amendment. (b) The validity and force and effect of this Agreement, in accordance with its tenor as then constituted. ' - (c) (d) . . - ... - l S >I- The existence of ~~ d~~ati1t thereunder. , The existence-of any offsets, counterclaims or defenses thereto on the part of the other party. (e) The commencement and expiration dates of the term of this Agreement. Any certificate may be relied on by the party who requested it and any other person, firm or corporation to whom it may be exhibited or delivered, and the contents of the certificate will be bindmg on the party executing it. 17. Short-form Recordable Lease. The parties will at any time, at the request of either one, promptly execute duphcate originals of an instrument, in recordable form, which will constitute a short form of this Agreement, setting forth a description of the Parking Area, the term of this Agreement, and option to renew, and any other pOrtIOns hereof, excepting the rental provisions, as either party may request. 18. Consent to Collateral Assignment to Mort~agee. It is acknowledged that Valley Co-op may, from time to time, procure financing for all, or portions of, the inventory, fixtures or equipment utIlized in the operatIon of the Grocery Store and it IS anticipated that any such mortgagee N \PL\GCE\65734091 wpd 5 - ..... ... '!l'+..... ". : ~ ~ ...' €=_.-.... '. - " .. ~ ...... ~.. .....( I ~. . -, ~ .. may request a collateral assignment of Valley Co-op's rights hereunder as part of its security in connection with such loan. To facilitate such financing, City shall, upon request and from time to time, execute such documents as any such mortgagee may reasonably request to confirm City's consent to any such collateral assignment, to confirm that no amendments to this Agreement will be binding on such mortgagees without their written consent, to confirm a requirement that City provide notice to such~mortgagee of any Event oIDefault by Valley Co-op hereunder and to provide such mortgagee a periOd oftinici to cure any such default which, in such mortgagee's reasonable discretion, is necessary to permit the mortgagee to acquire possession of, and re-open, the Grocery Store, and to confirm the City's agreement to recognize such mortgagee as "Lessee" hereunder in the event of such mortgagee's delivery of notice to that effect to City; provided, any such agreement shall be in a commercially reasonable fonn. 19. Smrender. Subject to the terms of this Agreement, on the last day of the Term or any renewal thereof, or on the sOOner termmation of this ~greement, or rights ofpossessioI!,under,this Agreement, Valley Co-op shall peaceably and quietly surrender the Parking Area, and shall remove its trade fixtures and PelsOn8I property ("PerSotiaI Property'') from the Property. Personal Property not so removed shall be Cleemed abandoned by and shall become the property of the owner of City. , - ~ , -- 20. Gcivernin~ Law. This Agreement shall be governed by MiIIDesota law. - . IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER : Jay L. Kimble, Its Mayor Modi Weldon, Its City Clerk VALLEY CO-OP By: Its: N \PL\GCE\65734091 wpd 6 . . . ... e . . N \PL\GCE\65734091 wpd .......--. !,:....-;j- "..."!;..."i!i~~ .. _~.;IIo '~.f:...- - :;-=-~.;r- -. -- ----- Exhibit "A" Le~a1 Description ofPropertv [To Be Supplied] 7 ~l ~1:ry.;~3t,'..:: ...ct;....:~ ..:",,--:"'- ~- -\ .~~. .' , N \PL\OCE\6S734091 wpd ~... ~~: . ,. -~~.tiy.~ pS;-2-::~~~~)" ~,..l........:.--; ;r;::'-;'-""?7.~', -. ;..<t.7~."}_ "iJ~.~?~ : ~...........a.. ~..L'""" ..- , 'I . <C.Jv"'''' ..~~ _"'-3"_ I" - .. .... ... .. ~':.~I.~i .t~1'J.. ~'''~:~: tv-~:' ~ _ :~"':..~,\, ;. ~::~"S ;:;::: l:~.-~ ..-:-:- ~~~~ {i:' :, \',",,-.u c.r.1ia>o~''';-..1'' "'?,'\,. t 9'.. -.. ~_..~1t~ _1 ,. -,. .. ~ ....::,;.- . .- Exhibit "B" . Depiction ofParkiml Area [To Be Sqp.pliedl . . 8 . . . MEMORANDUM TO Mayor and CouncIl FR CIty CoordInator RE Legal publIcatIOns for 2000 DA December 6, 1999 DIScUSSIon. The CIty has receIved the attached proposals from the StIllwater Evemng Gazette and the Couner News to contInue provIdIng legal publIcatIon servIces for the CIty of StIllwater on a shared basIS The CIty has maIntaIned a shanng relatIOnslnp WIth the Gazette and Couner for about 6 years now The Gazette publIshes the CIty'S legal notIces and the Couner publIshes the mmutes of the meetIngs The Couner IS requestIng a 3% to 5% Increase and the Gazette IS propOSIng a 3% Increase I would recommend a 3% Increase for both newspapers Tlns would create a charge of $3 91 per column Inch for IrntIal publIcatIOns and $3 10 per column Inch for repeat publIcatIOns RecommendatIOn CouncIl approve publIcatIOn shanng between Gazette and Couner at $3 91 per column Inch for IrntIal publIcatIOn and $3 10 per column Inch for repeat publIcatIOns - ~~ $>tiIltuater <ebening @a?ette 102 S 2'10 SI PO Box 58 -Stillwater, MN 55082 - Phcne 6511~9;'3130 -l=A-< 551/.439/4713 Nov. 30, 1999 ~ Ir. Nile Kriesel City of Stillwater 216 North 4th Street Stillwater, lVIN 55082 Dear !vIr. Kriesel: Re: Legal PublicatIons, 2000 Thank you very much for your telephone call. Please be informed of a rate of $3.91 per column inch for publicatIon of legals for the City of Stillwater for the year 2000. (I believe the increase amounts to 3% above the current rate. The quote for second publication would be S3.10 per column inch. If you have any questions or concerns about this information, I would appreciate an immediate phone call (439-3130). Thank you very much for your consideration in this matter. Sincerely yours, I '7 Il /::7 I - V2J,.f~{LJt:(.Up lVIike Nlahonev 1 J Pu blisher . . . The Courier News We Mean Business For YOU' Dec. 3, 1999 Mayor Jay Kimble and City Council Members City of Stillwater 21 6 N. Fourth St. Stillwater, Minn. 55082 Dear Mayor Kimble and Council Members: The Courier News IS interested in serving as the city's legal publication for 2000. Should the City Council elect to continue the compromise arrangement with the Gazette publishing the legal notices and the Courier News the meeting minutes, we would be willing participants. . We would ask that the Council consider a three to five percent increase in the per column inch cost of publication to offset our production cost increases. Thank you for your conSideration. We look forward to working with the City again in the coming year. Sincerely, R(;:::: ~ Publisher . 126 South Second Street. Stillwater. Minnesota 55082 6+2-430-3037 FAX 6+2-430-3873 ~$J ~I RESOLUTION NO AUTHORIZING EXECUTION OF CONTRACTS FOR 2000 LEGAL NEWSPAPERS BE IT RESOLVED, by the CIty CouncIl of the CIty of StIllwater, MInnesota that the Mayor and CIty Clerk are hereby authorIzed and directed to enter mto a contract wIth the CourIer News for the publIcatIon of Proceedmgs m Summary Form for 2000, attached hereto as ExhibIt "A", and the Stillwater Gazette for the publIcatIOn of Legal NotIces for 2000, attached hereto as ExhIbIt "B" Adopted by the CIty CouncIl tlus 7th day of December, 1999 Mayor Attest CIty Clerk . . . . . . EXlDBIT "A" AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILL WATER OFFICIAL PROCEEDINGS IN SUMMARY FORM FOR THE YEAR 2000 THIS AGREEMENT, made and entered mto thIs 7th day of December, 1999, by and between THE COURIER NEWS, heremafter called the "Contractor", and the CITY OF STILLWATER, a mumclpal corporanon ofWashmgton County, Mmnesota, heremafter called the "CIty" WITNESSETH, that the Contractor and the CIty, for the conslderatlOn hereInafter speCIfied, agree as follows 1 The Contractor agrees that The Couner News IS, and for the term of thIs contract shall contmue to be, a Quahfied Newspaper m accordance WIth the laws of the State of MInnesota, 331A 01, having general crrculatlOn In the CIty of Snllwater 2 That for and durmg the calendar year endmg December 31, 2000, the Contractor WIll pubhsh all OfficIal Proceedmgs m Summary Form of the CIty In The Couner News 3 The pubhcanons to be in accordance WIth mstrucnons prOVIded by the CIty Clerk as to date and frequency 4 That all of the pubhcanons shall generally conform WIth estabhshed standards of quahty prevIously prOVIded the City 5 In accordance WIth the Speclficanons for CIty of StJ.1lwater pubhcatlons for 2000 Legal AdvertIsing on me WIth the Office of the CIty Clerk and using 7 pomt - 8 leadmg - HelvetIca type and a standard advertlsmg urnt WIdth, the cost per column mch for official CIty pubhcatlOns shall be FIrst InsertIon Second, and Each Subsequent InsertIon $3 91 per Column Inch $3 10 per Column Inch IN WITNESS WHEREOF, the partIes hereto have executed thIS Agreement as of the day and year fIrst above wntten In presence of COURIER NEWS In presence of CITY OF STILLWATER City Clerk Mayor EXHIBIT "B" AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILL WATER LEGAL NOTICES FOR THE YEAR 2000 . THIS AGREEMENT, made and entered mto tlns 7th day of December, 1999, by and between THE STILLWATER EVENING GAZETTE, heremafter called the "Contractor", and the CITY OF STILLWATER, a murncIpal corporatIon ofWashmgton County, Mmnesota, heremafter called the "CIty" WITNESSETH, that the Contractor and the CIty, for the consIderatIon hereInafter specIfied, agree as follows 1 The Contractor agrees that The StIllwater Evernng Gazette IS, and for the term of tlns contract shall contmue to be, a QualIfied Newspaper m accordance WIth the laws of the State of Mmnesota, 331A 01, havmg general cIrCUlatIOn m the CIty of StIllwater 2 That for and durmg the calendar year endmg December 31, 2000, the Contractor will publIsh all offiCIal notIces of the CIty m The StIllwater Evernng Gazette 3 The publIcations to be m accordance WIth InstruCtIOns provIded by the City Clerk as to date and frequency 4 That all of the publIcatIons shall generally conform WIth establIshed standards of qualIty preVIously proVIded the CIty . 5 In accordance WIth the SpecIficatIOns for CIty of StIllwater publIcatIons for 2000 Legal AdvertIsmg on file WIth the Office of the CIty Clerk and usmg 7 point - 8 leadmg - HelvetIca type and a standard advertIsmg urnt width, the cost per column mch for offiCIal CIty publIcatIOns shall be FIrst InsertIOn Second, and Each Subsequent InsertIOn $3 91 per Column Inch $3 10 per Column Inch IN WITNESS WHEREOF, the partIes hereto have executed tlns Agreement as of the day and year first above wntten In presence of STILLWATER EVENING GAZETTE In presence of CITY OF STILLWATER . CIty Clerk Mayor . . . MEMORANDUM DATE: December 7, 1999 TO: Mayor and City CouncIl ~/!.// "- Chantell Ka~ AdmlIllstratIve Asslstant/Personnel Coorchnator FROM: RE: Sand Creek Contract Renewal for 2000 Back2round As you know, the City contracts Employee ASSIstance services through the Sand Creek Group, Ltd Attached IS the proposed contract for the term January 1 - December 31, 2000. The total contract pnce for 2000 IS $1,575 00 TIns IS a $0 mcrease from the 1999 contract. The contract cost per employee IS $22 50 for 70 elIgIble employees Recommendation Staff recommends the City CouncIl approve the contract renewal WIth the Sand Creek Group, Ltd. CONTRACTS\SAND CREEK CC 00 RESOLUTION NO APPRO V AL OF RENEWAL OF AGREEMENT BETWEEN THE CITY OF STILLWATER AND SAND CREEK GROUP, LTD FOR EMPLOYEE ASSISTANCE SERVICES BE IT RESOLVED by the CIty CounCIl of StIllwater, Mmnesota, that the Agreement between the City of StIllwater and Sand Creek Group, Ltd , for Employee ASSIstance ServIces for the term January 1 through December 31, 2000, at a cost of $1,575, IS hereby approved Adopted by CounCIl thIS 7th day of December, 1999 Mayor ATTEST CIty Clerk . . . 333 :\"orth Mam Street SUlte 203 Stillwater M:'IJ' ;;082 (6; 1) 430-3383 L\"SOvAIORS L\ BEH4HORAL HE.4LTH CARE Employee Asszstance Agreement between Tile Sand Creek Group, Ltd. and Tlte City of Stzllwater I Services Provided: . The program contract mcludes the following services 1 Full service coverage for The Czty ofStzllwater employees and thezr household members 2. Employee Asszstance personnel polzey development and consultatlOn 3 Supervisory traming of management personnel m the use of the program -I Employee orzentatzon semznars to familzarzze your employees wIth the servzces available to them 5 Promotzonal materjals including brochures, posters, newsletter artzcles and camera ready copzes variety of home mazlmgs to keep your Employee Assistance Program vzszble to your employees, a their families 6 Ongozng consultatIOns with managers and supervzsors to asszst them zn utzlzzing the EAP wzthzn y organzzatzon 7 Confidentzal assessment, reftrral and brzef counselmg to be provzded to all employees, and thezr famzly members Up to four sesszons of counselmg based on the clmzcal recommendatIOn of EAP counselor. Each sesszon bemg comprzsed of one clznzcal hour All of the employees of The Czty 0 Stzllwater and their famzly members may contact The Sand Creek Group for assessment, brzef cou and, when necessary, reftrralfree-ofcharge to them No lzmzt zs placed on the number of assessments and reftrrals made annually All contact zs strIctly confidential 8 2-1 hour telephone crzszs interventIOn 9 Workszte vzsztsfrom an EAP representatzve to contmually evaluate the status of the program and your satzsfactzon . II Coordination of Services: The Czty of Stzllwater agrees to work wzth the EAP representatzve m mformzng zts employees of thzs agreement and the servzces whzch are avazlable to them \\ /'a/I.!l c!r I ('II Ul/l do or ,/J c!ll/J/ lUll ulIl lJC!g,lJ/ 1/ Eo/diU!" blh p,c!llIlI\ pOll t'1 alld lIIa~IL 111 1/ uOc.'the IV Use of Name: . The Cuy of Stillwater agrees to allow The Sand Creek Group, Ltd to lzst the Clly as a customer 0 promotIOnal materzals V Elif!ibilitv: All employees of The Czty of Stillwater and members of their household who are experzenczng personal, emotIOnal, famzly or soczal problems which have direct, indirect or potential effects on tl-orkperformance or personal well bemg, are elzglblefor the services of the Employee Assistance Program vI EmDlovee ParticiDation: A workzng polzcy of the EAP IS ihat Employee partiCipation m the EAP Will affect nezther future employment or advancement nor protect employeefrom dlsclplmary actzonfor contznued substandarrl performance VII ReDortinf!: The Sand Creek Group, Ltd Will provide quarterly reports on program utllz=atzon - \ j'io InformatIOn on mdlvldual employees wzll be released outside of The Sand Creek Group Without the written consent of the employee VIIL Retainer Cost: . The annual retamer charged by The Sand Creek Group, Ltd for the employee services IS as follows Number of employees 70 Cost per employee $2250 Annual EAP Contract Cost S1 57500 Term of Contract Januarv 1 2000 to December 31 2000 Contract Payments to be made to The Sand Creek Group, Ltd 333 N lv/am Street, #203 Stzllwater, lvIN 55028 OptIOnal Services Organz=atzon Development SerVices Trauma Team Servzces $15000 per hour $125 DO/1st /1.l0 hours $85 00 per hour over /1.1-0 hours S150 00 per hour ofpresentatzon/faczlztatzon . Bag Lunch Semmars LY Fee for Omloinf! COllnseliml: Payment for any ongomg cOllnselmg services beyond the mztzal dzagnomc screenzag wzll be the responslbzlzty of the employee/famzly member The Sand Creek Group, Lrd ~DG . . . X It-fodification or Termination of Contract: ThlS contract may be modified m wrItmg at any tlme by the mutual consent of the partles Elther The Cay ofStlllwater or The Sand Creek Group, Ltd may cancel thls agreement at any tlme upon 90 day notlce, m wrltmg. to' the other party The Sand Creek Group, Ltd Q~!h~ / ~esident & Chlef Executzve Officer The Sand Creek Group, Ltd G.\1S Jes The Clty of Stlllwater ' /~J<i Date Date The Sand Creek Group, Lcd SOG ~ 333 Xorth ~Ialll Street Suite 21t Stillwater ~I:X 550 (651) 430-33 L\XOl:ATORS L\ BEHAHORAL HE-liTH C-lRE INVOICE InVOIce # 86627 Date. 12/01/99 Nile Kriesel City Coordinator CIty of StIllwater 216 N. 4lh Street Stillwater, MN 55082 lIP Employee Assistance Program For Services Rendered to The City of StIllwater The Sand Creek Group, Ltd. Tax IdentificatIon #41-1776423 . Term of Contract: 01101/2000 through 12/31/2000 70 Employees x $22.50 = $1.575 00 Please RemIt Payment To The Sand Creek Group, Ltd. 333 North Main Street, #203 StIllwater, MN 55082 . \\ hClIl!l ('I I fJd (all du 01 drC!alll I oil (all bt''.JlI1 II BO/LIIJ(!.,~ ha, gel/Ill' PUll ('I (1I1l/ /I1cl,'.!./( III 11 (;f)l!II>e CITY OF STILLWATER 2000 Truth-in- Taxation Budget Hearing 1 '-: .;> - '~ _ ~, .. -1 .. ~. ~ .' Diane Deb/on Finance Director . _t~ Finance Departme~ 2000 Budget . The City of Stillwater provides a wide range of services including: · Police & Fire protection · Inspection, Planning · Street Maintenance, Engineering · Signs & Lighting · Administration, Elections · Finance · St. Croix Valley Arena and Fieldhouse & Lily Lake Arena · Library · Parks · Sanitary Sewer, Storm Sewer, Solid Waste .~ l~: ..... ;,;~ ~ltt 'ij ~"' .... ~ ' ~~ats:.. Finance Departmen~ 2 . " . . . ~ -~ .; . , ~: :'" ~~ .;-.- . ;~ ..... - -' , '1 1 , I . -~~ Finance Departme~ 2000 Budget The majority of the revenue to support these programs comes from: · Property Taxes · Intergovernmental Revenue (State Aid) · User Fees for services 3 2000 Proposed Operating Revenue Intergovernmental Service Fees Licenses/Permits Interest Fines & Forfeits Property Taxes ".. ..; Revenue TYR! Amount - Fines & Forfeits $ 186,500 .~ ..... -~ ... ,......, Interest 35,000 :cr~: rift: 1:.i Intergovernmental 2,578,394 i~ ~ ~ Licenses/Permits 350,245 ... ... .. 'l , 'J -j Miscellaneous 168,250 ;. ~ Property Taxes 2,801,920 ~~ ~ - , Service Fees 1,274,825 . = Total: $ 7,395,134 e _at~ Fmance Departme~ * Includes General Fund and budgeted Special Revenue Funds, excluding Capital Outlay and Interfund Transfers 4 Budget Process ~ j:&. - :,.,~ ~:~:iJ , . ~, ..~,,'" . . ~,l , J ~ " ~ - -- In June, each Department head is responsible for submitting a budget request for their department for the following year. 1 The Finance Department compiles the . departments submitted budgets and makes ~~~}~~~ revenue projections for next year. ~ J'......~~ ..-- --3 :.-;.-~~. Salary and benefit projections are calculated by the Finance Department and are based on the various union contracts. 2000 budgeted wage increase is 3%. . All submitted budgets are then reviewed by the City Council. . The initial expenditure requests for 2000 were reduced by $2,625,912 for the proposed 2000 budget. "I . ~~ Finance Departme~ 5 2000 Budget Expenditure Recap (Including Capital Outlay) Governmental Funds (Budgeted) Requested Recommended $ Change General $ 9,115,735 $ 7,466,304 $ (1,649,431) Special Events 22,766 22,766 St Croix Valley Recreation Center 471,624 530,074 58,450 DARE 3,500 3,500 Middle River Watershed Library 830,306 778,942 (51,364) Parks 1,347,412 655,455 (691,957) Dutch Elm 3,000 2,700 (300) Washington County Recycling 65,700 65,700 Subtotal $ 11,860,043 $ 9,525,441 $ (2,334,602) Enterprise Funds (Budgeted) Sanitary Sewer Storm Sewer Solid Waste Parking Subtotal $ 2,073,163 $ 1,781,853 $ (291,310) 116,353 116,353 57,900 57,900 65,605 65,605 $ 2,313,021 $ 2,021,711 $ (291,310) $ 14,173,064 $ 11,547,152 ,..!,,<2,625,912) Total Budgeted Funds ~~ J ---~ .' ~ ,,1 " : ~ . ~t~.... Fmance Departme~ 6 '. :,1 . .. ,; ~ .. , .1 . , 1 . .at~ Fmance Departme~ Property Tax System (Cycle) ASSESSMENT & CLASSIFICATION · Estimation of "market value" by assessor (Le. City of Stillwater contracts with Washington County to perform this service). - Assessor determines approximate selling price of each parcel based on current market conditions - A "property class" is assigned to each parcel based on the use of the property (Le. property that is owner-occupied as a personal residence is classified as residential homestead). - The property classification system defines the "tax capacity" of each parcel as a percentage of each parcel's market value. 7 4 ~ ,~' t.-....;: - _ _ ~::a ~J. .:1 ~.j :!!l .......;.AII ..;' ::, ~ . ~ ~ ~ -. ~, Fanance Departmen~ Property Class Rates As determined by the MN Legislature Property Class Market Value Residential Homestead First $75,000 $75,000 - $76,000 Over $76,000 Residential Non-homestead Single Unit First $75,000 $75,000 - $76,000 Over 76,000 2 to 3 units Market-rate Apartments Regular Commercial Industrial First $150,000 Over $150,000 Payable Payable % 1999 2000 Change 1.00% 1.00% 0.00% 1.70% 1.00% -41.18% 1.70% 1.65% -2.94% 1.25% 1.70% 1.70% 1.20% 1.20% 1.65% -4.00% -29.41 % -2.94% 2.50% 2.40% -4.000/0 2.45% 3.50% 2.40% 3.40% -2.04% -2.86% EXAMPLE: To calculate the tax capacity of a residential homestead property with a market value of $125,000. Market Class Tax Value Times Rate Equals Capacity $76,000 x 1.00% = $760.00 $49,000 x 165% = $808.50 $125,000 $1,568.50 = Tax Capacity 8 Property Tax System (Cycle) - Continued LOCAL TAX RATES · Determination of a "property tax levy" for each local unit of government - Tax levy is set as part of the budget process - Formula: City Budget - All Non-Property Tax Revenues = Tax Levy ~ . - General tax levy subject to State Limit :-7~1 - Debt Service Tax Levy (to pay for I bond issue payments) . .~ Finance Departmen~ 9 Proposed 2000 Tax Levy ~- '" ,); f~ ~ ;J ,'j - ~ ~ I - . ~ . y . .tu~ Fmance Departmen~ General Tax Levy {at State Mandated Levy Limit $ 2,794,420 Debt Service Tax Levy 1,520,689 Total Tax Levy* $ 4,315,109 *Levy amount is a $77,724 increase over 1999 For comparison purposes, the 1999 tax levy is shown below: 1999 General Tax Levy 1999 Debt Service Tax Levy 1999 Total Tax Levy $ 2,737,793 1,499,592 $ 4,237,385 10 - , 4.... I'J ~"a ~'~ " . .a~ Fmance Departme~ Property Tax System (Cycle) - Continued LOCAL TAX RATES (Continued) · Computation of "City tax rate" by the County - "Total tax capacity" is computed by adding the tax capacities from all parcels within the City. - Subtracting adjustments for Fiscal Disparities and Tax Increment from total tax capacity to result in "taxable tax capacity" - Taxable tax capacity is used to determine the City tax rate - Formula: City Levy + Taxable Tax Capacity = City Tax Rate 11 " .<.. =-~ .~ :-<t.,lt .~ ,.- '4 ~ ~ 1 1 .. ~""'1 '<;! , ; 1 . .~ Finance Departmen~ Proposed Tax Levy PAYABLE 2000 Debt 1,520,689 $ 12 '. , t :1 ~ s < , . ~t~~ Finance Departme~ Proposed 2000 City Tax Rates RATE IS DEPENDENT ON WHERE PARCEL IS LOCATED General Tax Rate Debt Tax Rate Total Tax Rate Citv of Stillwater City Urban Rural #1 @ 80% Rural #2 @ 60% Urban Phased @ 70% 23.119% 18.495% 13.872% 16.184% 12.581% 10.065% 7.549% 8.807% 35.700% 28.560% 21.421 % 24.991% Rural #2 and Urban Phased are recent annexation areas 13 Property Tax System (Cycle) - Continued INDIVIDUAL PARCEL lAX CAlCUlA liONS · Property tax bill is calculated for each parcel by the County · Formula: Parcel Tax Capacity x City Tax Rate = Property Tax Bill (1/2 due in May and 1/2 due in 1- , October) ~-'j :;;? ~1 ':'1 ii, .. :J - i ~ , -. .t~ Finance Departmen~ 14 Payable 2000 Property Tax General Tax Le Debt Service Total Tax Le Payable 1999 $2,737,793 1,499,592 $4,237,385 INDIVIDUAL PARCEL CALCULATION: Payable 2000 $2,794,420 1,520,689 $4,315,109 Pa able 2000 $ Chan e $ 56,627 21,097 $ 77,724 Tax Proposed Ca acit Tax $750.00 $267.75 $1,146.00 $409.12 $1,569.00 $560.13 $1,981.00 $707.22 $2,806.00 $1,001.74 EXAMPLE of property tax calculation for $125,000 residential homestead. Pa able 1999 Taxable Market Value $75,000 $100,000 $125,000 $150,000 $200,000 Taxable Market Value $75,000 $100,000 $125,000 $150,000 $200,000 Tax Actual Ca aci Tax $750 $289.16 $1,175 $453.02 $1,600 $616.88 $2,025 $780.74 $2,875 $1,108.46 Parcel City Property Tax Tax Tax 1~ Capclty Times Rate Equals 8111 !.: .~ .. ",1 $1,569 x 35.700% = $560 13 i\l ., ~ . 1999 City Tax Rate was 38 555% ,- - ~!' Finance Departmen~ 15 $ Chan e -$21.41 -$43.90 -$56.75 -$73.52 -$106.72 J -':~ :.~~ r":4 :..~ ;;~1 ~~ . . . . Property Tax System (Cycle) - Continued OTHER FACTORS AFFECTING THE NET TAX BILL - Usually State changes ~.,..{iJ in the property tax system :~~~:.J~ (cycle) , · Property tax rebates ': · Circuit breaker tax refund program · Classification changes · Valuation changes · Class rate changes . ~UhYf.t~r... Finance Departme~ 16 .. ...._~. ;' - .,1-' . &,. ~ tR;: ~J -)>.,....;. ~ 't ,.'\1 ~ ~i -, .. - J , . .a~ Finance Departmen~ Proposed Payable 2000 Tax* All Taxing Jurisdictions Based on Residential Homestead with $125,000 Market Value Other Taxing Districts City of Stillwater Total Proposed Pavable 2000 Tax* City of Stillwater County School District Other Taxing Districts $560.13 $418.86 $950.68 $95.67 Total: $2,025.34 * Proposed tax rates provided by Washington County 17 How will your Tax Bill be spent? 2000 Proposed Tax Levy Debt Service tt }..;J .... ~'j -s", ";~1 :f1 ~- I . !i ~~ Dollars Sent for: o erations Debt Total Taxable Market Value of Residential Homestead $75,000 $100,000 $125,000 $150,000 $200,000 $173.39 $264.94 $362.73 $457.99 $648.72 $94.36 $144.18 $197.40 $249.23 $353.02 $267.75 $409.12 $560.13 $707.22 $1,001.74 . ~~, Finance Departme~ 18 2000 Proposed Operating Expenditures * Culture & Recreation U nallocated ..::.....:- ~:~ . ~~r"i",~ _A-'O.-' ;:;~::Jrr""'_~'" ~~_~:;~rv~~;~ _ ~ ~~. ;~ r :~~-~ ....... ... Streets & Engineermg ...;J;~ '..,.~ .....~ J. _..~.... ~ .... .. -; "",... -.. If >- - -;..: J t.. ..'1 Mayor & CIty Council Elections Finance AdministratIon Law/City Attorney PlanUClty Hall General Government ",:, f11 ;. ~i' , - k . A Ii -d "1 . .~ " Police Fire I nspectJon Civil Defense Planmng DARE Public Safety .j. -=! . $ 157,511 14,092 373,077 460,632 210,417 133,604 $1,349,333 $1,662,917 735,477 248,326 3,000 209,003 3,500 $2,862,223 Public Safety Engineering Streets Shop Signs & LightlllJ Dutch Elm Streets & Engineenng Unallocated Wash Co Recycling Grant Unallocated Special Events St Croix Valley Rec Center Library Parks Culture & RecreatIon GRAND TOTAL $ 267,819 603,564 125,935 174,000 2,700 $1,174,018 $ 135,153 15,700 $ 150,853 $ 22,766 518,074 712,572 511,155 $1,764,567 $7,300,994 * General, Library, Parks & 8t Croix Valley Rec Center funds, excluding Capital Outlay and Interfund Transfers ~a~ Fanance Departme~ 19 Payable 2000 Debt Service Tax Levies ~ -:~~{ - :f . -...1 --.1 1 ~ -1 - " , . _t~ Finance Departme~ TVDe of Bond Certified Levv G. O. Capital Outlay 1993C $ 131,915 G. O. Capital Outlay 19940 26,439 G. O. Capital Outlay 1996A 534,070 G. O. Capital Outlay 1997A 124,769 G. O. Capital Outlay 19988 259,361 G. O. Sports Center 1998A 194,135 Subtotal $ 1,270,689 G. O. Capital Outlay 2000 250,000 GRAND TOTAL $ 1,520,689 20 2000 Capital Outlay DEPARTMENT Finance Computer Table CAFR on micro AS400 upgrades Total Finance RECOMMENDED $ 1,100 3,500 8,500 13,100 1,100 3,500 8,500 $ 13,100 Administration Imaging system Total Administration $ 20,500 20,500 $ 20,500 20,500 ~ Plant/City Hall (4) Computers Upgrade phone system Parking Lot Total Plant/City Hall $ 8,000 8,000 55,000 71,000 $ 8,000 8,000 16,000 - '~j J ~ Police (2) Squads w/changeovers (4) Radar Units Copy Machine Office Furniture 4WD Truck (animal control) Vests Total Police $ 84,000 12,500 13,500 15,000 28,500 4,500 158,000 $ 56,000 12,500 13,500 7,300 22,000 4,500 115,800 Fire (21) Self-contained breathing apparatus Fire station Ladder truck Total Fire $ 63,950 740,000 630,000 1,433,950 $ 63,950 63,950 . Building Inspection Truck Workstation & chair ~i Ilwater Computer upgrades ~ ~~ Total BUilding Inspection Fmance Department 20,000 5,000 $ 25,000 $ 2,000 2,000 22 2000 Capital Outlay (Continued) DEPARTMENT RECOMMENDED Civil Defense Siren 19,000 19,000 Total CIvil Defense $ 19,000 $ 19,000 Public Works Furniture 2,500 2,500 Computer DIsc Storage 2,500 2,500 Software 2,500 2,500 Total Public Works $ 7,500 $ 7,500 Street Roller 15,000 15,000 Sweeper 130,000 130,000 Plow Truck, 2 1/2 Ton 85,000 Land for Public Work FaCIlity 300,000 300,000 (2) Sanders for Trucks 2,000 2,000 Total Street $ 532,000 $ 447,000 .. . Shop ~ ;. Telephone System 2,400 2,400 -"-il ~] Welder 5,000 ,-. 5,000 ~, 1<_.. ~.. Pickup Truck 18,000 18,000 ~_'- !J .~i HOist 2,000 2,000 ': ~ , . Total Shop $ 27,400 $ 27,400 . j Signs & Lighting Entry Signs 8,000 Total Signs & Lighting $ $ 8,000 TOTAL GENERAL FUND: $ 2,307,450 $ 740,250 . 23 2000 Capital Outlay (Continued) DEPARTMENT Sports Complex Recreation Center Wall acoustics & skating harness 12,000 TOTAL SPORTS COMPLEX FUND: $ $ 12,000 Library Operations Audio visual book drop 1,520 1,520 (2) Public access computers 4,850 4,850 Periodic shelves 2,000 2,000 Ceiling display hardware 1,000 Shelves (young adult) 2,000 2,000 Computer cabling protection 2,000 2,000 Self check-out 28,000 28,000 Office furniture 2,000 2,000 Total library-Operations $ 43,370 $ 42,370 Plant , Roof repair 5,000 5,000 . Slgnage 2,000 Carpeting 20,000 -, Planters 5,000 5,000 .g" "l ~.1 Interior wall repair 7,000 7,000 _tr I , i Landscaping 5,000 5,000 1 j . Lighting 2,000 2,000 Total Library-Plant $ 46,000 $ 24,000 TOTAL LIBRARY FUND: $ 89,370 $ 66,370 . ~ilbfcl~ Finance Departme~ 24 2000 Capital Outlay (Continued) DEPARTMENT Park Land 600,000 PICniC shelter at Washington Park 8,000 8,000 Boardwalk at Lily Lake 34,000 Park benches & tables 20,000 10,000 Gardens 8,000 Frisbee golf 45,000 Meadowlark Park Improvement 25,000 25,000 Iron fence at Pioneer Park 16,000 - Playground equip at Staples 8,000 8,000 .' Rock rake & back blade 3,200 3,200 < Snow plow 2,100 2,100 Brown's Creek Nature Trail 60,000 Lawn mower & cab 28,000 28,000 TOTAL PARK FUND: $ 797,300 $ 144,300 Sewer Nelson Lift Station 60,000 60,000 Televising Crawler 8,000 8,000 ~ .... Vent 1,500 1,500 ~ J s Root Cutter 1 ,500 1,500 ".l 4 Sewer Sealing 60,000 60,000 TOTAL SEWER FUND: $ 131,000 $ 131,000 GRAND TOTAL - CAPITAL OUTLAY 2000: $ 3,325,120 $ 1,093,920 . .e(1 Finance Departme~ 25 , ..- ,:;: <. ior~ ,:" _.~ -"",;}:a ~~ < , -; ~ , . . ,I . ~ , - 'I . ~tst. Fmance Departme~ 2000 Capital Outlay (Continued) Bonded Capital Outlay General Fund 2,307.450 740,250 Sports Complex Fund 12,000 Library Fund 89,370 66,370 Park Fund 797,300 144,300 TOTAL Bonded Capital Outlay $ 3,194,120 $ 962,920 Non-Bonded Capital Outlay Sewer Fund 131,000 131,000 TOTAL Non-Bonded Capital Outlay $ 131,000 $ 131,000 26 . . . I I CITY O~ STILLWATER Memorandum : To: Mayor and CouncIl From: Morh Weldon, CIty Clerk Date: September 3, 1999 Subject: I New On-sale and Sunday IntoxIcatmg LIquor LIcense TImber Lodge Steakhouse, Inb \ ! I I I An apphcatIon for a new on-sale and Sunday intoxIcating hquor hcense has been receIved from Tunber Lodge Steakhouse, Inc, to be locatbd at 1820 Market Dnve BuIlding constructIOn IS antIcIpated to commence In March of 2000 I Approval should be contmgent upon fulf1ll~g all requrrements to hold an on-sale intoxIcatmg hcense and final mspectIOns and approval by the StIllwater Frre and InspectIon Departments I I Action required: i I I If approved, CouncIl should adopt the follovrIng resolutIon I Approvmg new on-sale and Sunday intoxIcating hquor hcense for TImber Lodge Steakhouse, Inc ,1820 Market Dnve, for the year 2000 RESOLUTION NO. 99- APPROVING NEW ON SALE AND SUNDAY INTOXICATING LIQUOR LICENSE TIMBER LODGE STEAKHOUSE, INC. WHEREAS, a request has been received from Timber Lodge Steakhouse, Inc, for an On- Sale and Sunday IntOXicatIng Liquor License at 1820 Market DrIve, and WHEREAS, constructIon of the bwldmg IS to commence m March of 2000, and WHEREAS, approval is contingent upon fulf1llmg all requirements to hold an on-sale and Sunday intoxicatIng liquor license and fInal inspection and approval by the Stillwater Fire and Inspection Departments; NOW THEREFORE, BE IT RESOLVED that the City CouncIl of Stillwater, Mmnesota, hereby approves an On-Sale and Sunday Intoxicating Liquor License for Timber Lodge Steakhouse, Inc., at 1820 Market Drive, for the Year 2000. Adopted by CouncIl tIns 7th day of December, 1999 Jay Kimble, Mayor Attest. Morh Weldon, City Clerk ~ . . . ... .. . . . MEMO Mayor and CIty ~ouncIl I I I A~ Steve Russell, Commumty Development Drrector ~ I I SpecIal Use Penmt for Use of Maple Island Bwldmg Below the Regulatory Flood ElevatIon (Case fO. SUP/99-47): Date: December 3, 1999 I The Flood PIam ReguIatIonl reqwre the Cl~ Councd hold a public hearmg and revtew spectal I use permIts m the Flood PI81n DIStrICt. The: Planmng COmmISSIOn reVIewed the request at theIr meetIng of November 8, 19,9 and recommids approval. to the CIty CouncIl The approval. IS an after the fact approval. ~d wIll requrre constructIon to meet the Bwldmg Code reqwrements for flood protectIon constructIbn I I Recommendation: Approv31 (resolutIon) I I I I I I I I To: From: Subject: . " ,.. . MEMO . Date: Planmng COmmISSIOn Steve Russell, Commumty Development DIrector SpecIal Use Pemnt for ConstructIon of Basement Area for Office/Storage/Elevator m Old Maple Island Bwldmg Below Regulatory Flood ElevatIon (Case No SUP/99- 47) November 10, 1999 To: From: Subject: The proposal IS to reconstruct and use a basement area under parcel 5 for an office/stucho and storage area The floor elevation of the basement IS below the flood level. The regulatIon Flood ElevatIon IS 6935 feet For the basement to be used It must be constructed accorchng to Federal Emergency Management Agency, FEMA, and State BuIlchng Code Standards for Structural Dry Proofing ConstructIon plans wdl have to be prepared by a qualIfied professIOnal engmeer or archItect and approved by the CIty'S buddmg department as conSIstent With FP-l or FP-2 Standards (see conchtIons of approval) Accordmg to the regulatIons, tlns should have occurred before a bwldmg peront was Issued for that portIon of the bwlchng The constructIon plans must meet flood proofing requrrements or can not be used . Recommendahon Approval CondItIons of Approval. 1 Flood Proofing plan shall be certified by a regIstered profeSSIOnal engmeer or arclntect that the flood proofmg measures are adequately desIgned to wIthstand regIOnal flood conchhons and be subrmtted to the CIty for approval 2 The basement shall be dry flood proofed accordmg to the State Bwldmg Code FP-l or FP-2 (TIns standard makes the structure water tIght With walls substantIally Im.permeable to the passage of water and structure components housmg the capabIlIty of resIstIng hydrostahc and hydrodynamIC load~ and the effort of buoyancy.) " 3 All electncal heating ventIlatIon, plumbmg and 8.1r conchhomng equipment and other servIce facIlItIes must be at or above the regulatIOns flood protectIon elevahon CPC Action on 11-8-99: +8-0 approval. . " . I MAINSTREAM DEVELOPMENT PARTNERSHIP I 212 1/2 NORlH MAIN S~ STnLW AlER MINNESOTA 55082 , Planning Commission Members CltyHall 216 North Fourth Street Stillwater MN 55082 20 October 1999 Dear Planning CommiSSIon Members, We are requesting a conditional use permit fori the basement parcel 5 of the Maple Island prOJect. The basement 1S 10 the St. crOlxlfnnge flood Plain.1 The proposed uses are studi(), office, conference, elevator and storage ApplIcation will be made to the I I City and FEMA to exclude the bulldlng from the flood pla10 Basement renovation includes new poured I concrete flood proofed exterior walls, elevating handlIng equipment above the flood plain and repairs to I , the concrete floor slab All improvements require C1ty reVIew and approval. I . ;:s~ I Tim Stefan I I Ma10stream Development Parmersb1p 430.0056 enc : Al,2,3 . " . " . PLANNING ADMINISTRAtiON FORM ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 -X- Condition~ or Special Use Permit $50/200 _ Design Review $25 _ Planned Unit Development. $500 Variance $70/200 _ Comprehensive Plan Amendment. $500 _ Zoning Amendment. $300 Subdivision. $100+$50not _ Resubdivision $100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i.e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater PROPERTY IDENTIFICATION . Address of Project ~14l\ lJ W1mtJ c;,-r: Assessor-s Parcel No. ~ f ~;2.0 It{ OOi/~ Zoning Distriqt c.~ 0 Description of Project \J Se of 1fnAft,f, lwtl fe...v ()~'cts I~tnl/~~ /-llM/~+OV' 1M tfA- fllJlJd DUu~ L' I "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used. " l.t.c Property Owner ~kWs~ Pfifl. f'MJ: Mailing Address ~o1 ~ 4~ ft City - State - Zip fti'hv~-kv ~l\l mfl'l t Telephone No. ~"l 4-;0 "'ODS1P -k~ SITE AND PROJECT DESCRIPTION Representatlve_Ti 1M. Mailing Address City - State - Zip Telephone No. r:h~ " I, " Signature Signature Lot Size (dimensions) ~ x I DO Land Area 1,1M t"F= Heig Buildings: Stories Feet nn I ~ 1-~ ccessory Total building floor Area f 0 I "0 D sq. ft.. Existing \0 I c;n sq. ft. Proposed 10, m sq. ft. Paved Impervious Area () sq. ft Number of off street parking spaces provided Set. '1\ff ~~ wi e-t"-h,. ~k.. t<\~ ReVISed. September 16,1998 .- I ~ ~ ~dr pJI3) 10114 \ 'D2N 'DIN T2!IN 'DIN TZ7N mw RZIW R20W \/Ianty Map I .-,- o 138 Scale In Feet :=~... ~..=::. uu:.. =~-:::;;%"...~ ~ --........ ........ 6r.., ....... =,,~......_... .....____3Q,I... ~ , - . .. i. and punishable under subsection (17) of this subdivision. A copy of all decisions granting conditional use permits must be forwarded by mail to the commissioner of natural re- sources within ten days of the ac- tion. City council procedures. Procedures to be followed by the city council in passing on conditional use permit applications within all floodplain dis- tricts are as follows: 1. The applicant must furnish the following information: i. Plans in triplicate drawn to scale showing the na- ture, location, dimensions and elevation of the lot, existing or proposed struc- tures, fill, storage of ma- terials, floodproofing mea- sures and the relationship of the above to the loca- tion of the floodway or floodplain. ii. Specifications for building construction and materi- ~, floodproofing,fillim& dredging, grading, chan- nel improvement, storage of materials, water supply and sanitary facilities. ill. Additional information that is requested by the community development director. 2. One copy of the information described in subsection (13)i.l.i of tips subdivision must be sent . to1l. 'tiesignated engineer or other expert person or agency for tech- nical assistance in evaluating the proposed project in relation to flood heights and velocities, the seriousness offlood damage to the use, the adequacy of the plans for protection and other technical matters. CD31:35 . . ZONING F!}//)1j./!J7 ~ , 181-1 3. Based upon the 1ecImIca1_ uation of the designated engi- neer or expert, the city council must determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood haz- ard. The following are factors upon which the decision of the city council must be based. In passing upon condi- tional use applications, the city coun- cil must consider all relevant factors specified in other SectiODS of this subdivision and: 1. The danger to life and property due to increased flood heights or velocities caused byencroach- ments. 2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bri_ culverts or other hydraulic s tures. 3. The proposed water supply and sanitation systems and the abil- ity of these systems to prevent disease, contamination and un- sanitary conditions. 4. The susceptibility of the pro- posed facility and its contents to flood damage and the effect of such damage Qn the individ- ual owner. 5. The importance of the services provided by the proposed facil- ity to the community. 6. The requirements of the facil- ity for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the pro- posed use with existing devel- opment and development. ipated in the foreseeable fu 'f~ .f f 81-1 . . e ./ STILLWATER CODE t - 9. The relationship of the pro- posed use to the Comprehensive plan and flood~lain manage- ment program fdr the area. 10. The safety of acJss to the prop- erty in times oflflood for ordi- nary emergency ~ehicles. 11. The expected heights, velocity, duration, rate ot rise and sedi- ment transport 6f the floodwa- ters expected at Ithe site. 12. Such other factors which are relevant to the plurposes of this - subdivision. I It. 7ime for acting on application. The ~ty ~ouncil must act Ion an applica- tion In the manner described above within 60 days froml reeeiving the application, except th1at where addi- tional information isl required the . I' Clty council must render a written decision within 60 days from the I receipt of the additional informa- tion. Condit&ons attacMd to conditional use permits. Upon consideration of the factors listed abate and the pur- .pose of this subdivisioh, the city coun- cil may attach conditidns to the grant- ing of conditional ~se permits if I necessary to fulfill the purposes of this subdivision. The bonditions may include, but are not llimited to the following: ' 1. Limitations on I period of use, occupancy and operation. 2. Imposition of o~ational con- trols, sureties and deed restric- tions. ~:., 3. Requirements Cor construction I of channel modifications com- I ' pensatozy storage, dikes, levees and other proteftive measures. 4. Floodproofing measures in ac- I ' cordance with the state build- ing code and this subdivision. The applicant bust submit a 1. CD31:36 plan or document certified by a registered professional engi- neer or architect that the flood proofing measures are con- sistent with the regulatory flood protection elevation and associ- ated flood factors for the partic- ular area. (14) Administrative usepermit.ln thetloodplain overlay district administrative use per- mits shall be issued according to the Col- lowing provisions: a. Required. An administrative use per- mit issued by the community devel- opment director in conformity with the provisions ofthis subdivision must be secured prior to the erection, ad- dition or alteration of any building, structure or land prior to the change or extension of a nonconforming use, and prior to the placement of fill or excavation of materials or the stor- age of materials or equipment within the floodplain. b. ApplICation. Application for an ad- ministrative use permit must be made in duplicate to the community devel- opment director and shall include the following, where applicable: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the lot; existing or pro- posed structures, fill or storage of materials; and the location of the foregoing in relation to the tloodway or floodplain. c State and feiUral permits. Prior to granting an administrative use per- mit or processing an application for sn administrative use permit orvarl- snee, the community development director must determine that the ap- plicant has obtained all necessary state and Cederal permits. d. Certificate of zoning compliance for new co1&8truction, substantial im- provements or nonconforming use. It is unlawful to use, occupy or permit t t t '1~ . . \, . November 6, 1997 Tim Stefan StefanlLarson 807 North Fourth Street Stillwater MN 55082 RE: REVIEW OF PROPOSED BUll..DING ELEVATION FOR 219-223 & 212-214 IN FLOOD PLAIN DISTRICT Dear Tim' The Maple Island buIlding site IS located m the FEMA designated flood plain dlstnct as shown on the FIRM (Flood Insurance Rate Map) dated 2-1-84 (map attached). The regulatory food protection elevatIon (RFPE) for the site IS 693.5 feet. The work bemg proposed for the site is subStantIal improvement and WIll need to be in full complIance WIth the floodplain ordmance. In response to the letter and site survey prepared by Barrett Stack dated 12-9-96, It inchcates the site is located m the flood frInge area of the flood plain. The regulatIons reqUIre that the lowest floor elevatIon of the new buildmg be above the RFPE (693 5). The structure design and as-bUilt conditIon must be certIfied by a registered engineer or architect as meetIng the elevation and..flood proofmg standards of the regulatIons. The basement of the grocery store WIll have to be filled or dry flood proofed to FP-l or FP-2 flood proofmg standard of the state bulldmg code (structure water tIght WIth walls substantIally Impermeable to the passage of water and the structure components able to WIthstand hydrostatIC and hydrodynamIC loads of effect of buoyancy) . Once we have receIved the constructIon plans and flood proofmg plans, they can be reVIewed by the City and DNR through a conditIonal use permit. After construction IS finished and the Improvement is certified, you can apply to FEMA for a flood plam map amendment I have requested a map amendment form and will forward It to you when received. If you have additional questIons regardmg the regulatIons and applIcatIon of your project, contact me. ~. teve Russell Commumty Development DIrector r' II" cc: Molley Shodeen, DNR . Enclosures: FIRM Map and Floodplain Ordmance. CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 612-439-6121 ~ I I . . t I . . 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TOR!IIAN NEW COIISlRUCI1OII -- -- ONE HCl.R PMlIfOll - fOUR IICIIl PM1IlIOII ~ , !I " :1 " 37'-10" ? I I I I , --- "r~' ~"'IX!, .. I'. . ,'. II: I . @. L-~.~@ i ----t~-_t---- "I!m<B> t ,I 135O::sF I , 10-0" I lib S'~ lfT.-=-_ - II'" -=-- - ~~ J ~ ~ II-' , I~~ ~ ~, I- ~ I ::0: r "UIII:.1' t "'a .. 1-;' ... 11" $ o MEZZI'lINE PLAN - lA 1/4" '" 1'-0" ~... I .. IISSDRV 1 ... IS5El11LT --mv-- -- - I \ mJP RIl. _...m__ _-;. __ _ ~... ,:,..... _ L____ - +------ , ........ I.DlIllY a2] o ELEVATOR LOBBY 1/4" '" 1'-0' KEY NOTES (!) ....1/llE UGHI'IIIEI:HI' la'PIC _ N.l. _ -.am. 1 II%' IN IIEPILo HPTH VIRc. (i) IIE'f lLUIIKM _ _ NIlIN5WI. S1m. U\m. SEE S1RIICI ID 10 AWIlIUI_II_ CUI. DOOI_ <i> IIE'f lUlIItUI ~ _ NIlIIISPU SIIII. umJ. (i) 10 .o&JllINM ~ . _ _I:. 0'" AlllllUlIIIOS. . __ <S> IIIl'I /IJJMlNIIII ENIIIl' STIE. 'N _ _ (jj)~~,,:.!STO IE'JIIIIEIt. _lIIIlIl!YlIlPlIO.r_NfJ_ 0-_111_ <l>--- (!) IIUllW _ DIllII NIl __ ID NE'lINIIRAIEl _ IIIlIlII (!) IIlJ.GW .... NfJ _ GOIlll (!) IIIl'I _ ClPDIIC, _lIE NIl 1151II.I. srm. LN1D. @_MD....Fla:KKlIIIMItIIEIGSr IDllEl\lRolIlNI' CIWl NIl_ADDOR_r.-l1lDl (i)CJlIIllIIC......N__ , , I- ::EZa.. <cW:E W::ECI) a:D-a: I-OW Cf.)--1Z ZWI- ->a: <cW< ::EOn. xiII c (. 1&.&" 11I,1 ... .. elU . I 11d trOt Ii! ,hll) {P. nlU J I . III "I =., I;~!'! ... r- ~ ... I I f~ 1! .... W ~z a:::e <co: ~~ ~ a~ z :s~ f/Jz -~ ~~ 0.0 z l<Ccn l~N 5 a.. 0:: o ~ ti ~~ . ~ (W') !< " ,. . :~1 . , , , , r , . ---------------- "'" ; )----- --- ------ ~~----~B.- ---- o ----, - J. II III I r- -----------------__LO~IL..E6RK.... , f7r - - -r:;:-. - - - .0 - - _ '::' _ _ _ _0 _ ---0-----0------7;'--1>:' - ~ ,~j~).~ ---~J-- _L~___ l') ~ I I I I I f I I I I I I I I I I I I I ([] IIIIII1 , IIIIII1111 ~ I I ~I :f) 0 I I I I I I \ ~ 8 !---- ~ - - . >- 0:: !---- E5 a:l !---- ...J ;:) :::r '--- r--- f--- f-- - - o } to] \..- "7 . ~ IIIIIII I ~. ~ '.DI ~. tH '.D IIIIII II LIlTS Cf' STAGING PII'lKING lOT NIC IIIII! 111111 I~[_ C:J ' Co) I ~ r (':") ( , r ~ I ~\ '~" !J~II~~J _1~l:J_ll J ~, POIIlL s II IWICI. . __ ...3..__ \' ClJI:1 WATER STREET W-2' 1>AIlCB.+ 173'-0' 11'0I ----1 1,- I IWlllWARE ~ ----. 1--- I r- I --.J ~: I M"!'"'Pn ....-. 1/--- IV~~- ~ r.CUI1IlINC .~ ...- /- ~ I \:,0 IIEIDo! .ftII..t ...... ~- .UU' F-..- \j>""t:s, 101;: ~ I l'-{J' .1 4"<ISPIIOLTP_ .ucu .. ~--ti-. S(lO- - p ''-.) lllI>\lIlll1ST~ ilii SIPICE i..J I , .. -IQI \ - - Fllll-"; sa tel _ dnn7I ""lU IOU ...... :\J.. ~ .... f( _ UlIOIII .. ..... ... v ....7 .1 nASI! ~~- U ~ - I 1J1 I ";lIPJ' 0": I ... '1 s a UlOIlOl; II"\. .IU~'t ~ I______~ .1157' " ~: .l8n . Inn ~ II - -- . . ill ."$1 . . . .. II 'FE. lOll-I' ."$1 . II II . II II iL ~~ "It' - " '-I IOl.S II . ..... . . : r-t. ~ ri:.~ ;;; ~ .H., ,I. } .11I40 ,I 1" I-' !--. ...31 <(- /[' -. . I ( W:;...J ~~9 ... ft UGtlPlUlD _/ I _ J .......r...=urcAS 'I:llUIIEII I ~mJ . ~~ WSTO _Jj / ~ L II . _ L l.\.I...W -...- NORTH NAlri STREET ~ 10. Ie Fb~ s::ALE r <2) SITE PlAN ( N 1'.20 ~K[Y -- _II_ =1EI_(\IIII5SlIllIDl U1fTS OF STAGING CONTRACT UIofT UNE i - .. BUILDING DATA. OCCUPAllCY - B/lI OFFlCE,/l'EI'AII. PARCEl. 4 AREA - BASEIIE'lI' 8,253 SF - GROUND LR 8,5S0 SF - SECONO RR 8,I;C SF PA<Ca. 4 TOTAL AREA - 241lJ SF PARCEl. a AREA - BASEME'II" 375) SF - GROUND 'LR 3,400 SF - SECOND FLR 3 SOC SF - IIEZZ FL~ 1,~ SF PII~Ca. 5 TOTAl. AREA - ",73J SF PARCa. 5 AREA - GROUNt RR 20:10 SF PA~a. 6 11lN. AREA - 2,00:1 SF F\OOO P\AIIl AECWJKlNS IS MJI( CORPS OF ENG REGS - FLOOO PlAIN ElE\ 6925 - GROIN) FUlOR ELEV 69U - IlASEIIEIII' ELEV 687 'i - IlASEIIEIlr ClCCUPMICY FP I W-2 E:55ENM.Ll DRY' - 1'tPE B WAliRPP.))FING PARCElS 4,5 6 TOTAL AR:J. - 38.100 SF CONSTRUCTIOII TYPE H ONE ItJUR AlLOWAB.E AREA - 18 DOO SF (UNSPRtIlXLfO)/FLR - 18000 SF X 3 '" '54000 S=/FlR (THIS PRO..ECr WIlL B: COUPLEJaY SPP ~Kl!D) PLUMBING F1XlURES ace LO'D STOllIa (IIASElIEllT FLR) U - 5,DO:JSF / PER::ON . 1 REO OCt l.O'O RETAIL (GROND F1P) 662 - 20DSF I PERSON . 2 PER s:x RED ace lO'O OfFICE lSECOllD F Jl) 198 - 200 SF I PERSllI\ . 2 P:P SEX lEI. EXIT WlllJo 28 5' PE'l STAIR 2 STAIRS (44" M1N) DOORS 84. EXJlING REO (1:8' SHOWN) DRAWING INDEX: SURVEY DENOU11ON .& 01 DEhlO SITE PLAN ~ D2 DEMO B,\'jElfENT 'PLAN D3 DEhlO GROUND FlOOR 04 DEhlO SECOND FLOOR D5 DEhlO ROOF fIL6.N D6 DEIIIO EXT ELEVAlIONS _111&1' \JDfl'.1IOlE AlIlIllLO".A1IOII _ IICr III[ TO ll'm au STRUCTUIW. 51 FOOTING/FOUNDATION 52 FIRST FlR FRAMING 53 SECOND FLR. FRAN1NG 54 ROOF FRANING 55 DETAILS I'IIlES1Ilr.N __IIIC KEY NOTES ARCHITECTUR1l A1 SITE PlAN A2 BASEMENT PLI\N 1J GROUND FlOOR A4 SECOND FlOOR Ili EXJERlDR ELEVATIONS Ni BUILDING SECTIONS A7 WAIl. SEcnONS N3 DETAILS A9 ROOF PLAN A10 SCHEDULE/DRS/WDWS @_E____ML__ I l/r_1lD'IIIlIEPIH-. ID 10....- _ _... II5DU sr::II.llIII&. lEE S1IIIICT ID ... AJIIIllAl 51ae"'IION7 II DII1Nl 0./1 DCIOII_ @ ... AJIIfI\.II _ _E 110 _1"&1. lIIIU (i)IOAJIIfI\.IIOOCP .__ ([) 10 AJlMllIIlIS. II _ _ (i) IEW A..-.u _ SYIDlII IIISlIG OPER (jj)MLD_WIlI!lIllEl\IIlI!III__'" Clf'IIO..IlOPEI:.oDSMIlEO IIEIlII'AlIl'WG' 0ElOS11>O_TOIDM ID-- @__llOO~oIIIll-' ID NlllIISI,urm __ DCIOII ID__NI1l1ClOODCIOII r ~ SITE LOCATION 219 NllR1H MAIN STREEJ' S11I.LWAlEP IlN 55082 HWY 96 ~ !t, Ei S1lU.WAlEP U ;0 IE C1Y A) 12 WI IlWY 31 I- :EZQ: <W:I: W::eCl) a:n..a: I-OW CI)....JZ ZWI- ->a: <W<c :EOn.. zlll -c I' u..! ! WId t-1r CD d I. I~ I,.J' . It!t II i I ~ If' ~~ ~ ~ ~ ~" m ~ ~IC I!!! ~ W ~z a::::r c(ffi ~~ ~ Cti Z :5 In cnz -~ ~~ 0..0 z }~~ ~ D.. ~ iicn :1! T- 1<( I ~ . . . MEMO To: From: Subject: Date: Mayor and CIty Counctl Steve Russell, Commumty Development Drrector l.-- Zomng Ordmance Amendment RegulatIng AutomotIve Sales, ServIces and Storage Uses (ZAT/99-7) December 3, 1999 Thts Item ongInated at the Counctl meetIng of May 4, 1999 SInce that tune the Planmng ComrmsslOn has consIdered the ordInance at several meetIngs At therr meetIng of November 8, 1999 they recommended the ordInance for adoptIon Staff reports and mmutes for the Planning Comrmsslon meetIng are attached The ordmance would reqwre that the street setback area be clear of stored vehIcles Screemng would be requIred for outsIde storage Recommendation: AdoptIon Attachments . " " MEMORANDUM TO: Planmng ComnnssIOn FROM: Steve Russell, Commumty Development DIrector DATE: November 4, 1999 SUBJECT: ConSIderatIon of Zonmg Ordmance Amendment Regulatmg AutomotIve Sales, ServIce and Storage Uses Tins Item was heard as a publIc heanng at your meetIng of October 11, 1999 The publIc heanng was closed and Item contInued for dIscussIOn to your meetmg of November 8, 1999 The commISSIon requested clanficatIon or defimtIon ofterms used m the ordmance to make sure the ordmance IS easIly understood and enforceable Changes have been made to the ordmance to clanfy that only customer parkIng IS allowed m the front set back area of the lot In the case of tlus SIte It would be a 30 foot stnp along the streets. The Planmng ComnnssIon can conSIder an allowance In the set back area for the sale of velncles lIrmted to number of velncles or amount of space RECOMMENDATION Recommend approval of ordInance to CIty CouncIl for PublIc Heanng Attachment Draft OrdInance Staff rcwort 10-11-99 . . . . . . Zomng Ordmance Amendment AddIng Chapter 31-1 16(3c) Development Regulations for AutomotIve Sales, Service and Storage Uses ExcludIng GasolIne FIllIng Stations (c) All automotIve uses descnbed In SubdIVISIon 16.(1)k. adjacent to a reSIdentIal zone must malntaIn the reqmred front yard setback area In a clear condItIon WIthout permanently parked or stored automobIles, traders, vehtcles or other stored Items or materials use for or accessory to the automotive use Short term dally customer parkIng IS allowed In the setback area so long as the area IS clear when the busmess IS closed. All stored autos, auto parts, trallers or bUSIness related Items shall be enclosed In a buddIng, or stored behtnd a secure sohd masonry wall or SIghtly fence not less than SIX (6) feet In heIght All automobile reparr uses as specrfied above must obtaln a speCIal use penmt and comply WIth the reqUlrement WIthIn SIX (6) months form the effective date of thts ordInance Enacted by the CIty Councd thts _ day of , 1999. Jay Knnble, Mayor Attest. . Morh Weldon, CIty Clerk . " Planning Commission October 11, 1999 Mr. Ranum suggested addIng language to the motion referencmg the permit is for six guest rooms as allowed m pemuts granted earher, SUP/98-12 and SUP 97-5. Mr. Fontaine and Mr. Hultman accepted that amendment to theIr motIon; amended motion passed unanimously. Case No ZAT/99-7 A Zonmg Text Amendment regulatIng auto reparr uses m Residential Distncts. CIty of StIllwater, apphcant Mr Russell bnefly reViewed the Issue He SaId he had met WIth Mr. Gannon and reviewed the sIte and talked about cleamng up, especially m back of the shop. The proposed ordinance would requIre all permanently stored autos/equIpment to be fenced and screened from View. There is a six-month prOViSIon for the owner to clean up and be m comphance. John Baird, 800 Towne CIrcle, called attention to a memo to the City Council dated April 30, 1999, wluch stated the temporary storage structure on the site is not up to code. He asked why that Issue has not been addressed Mr Russell responded that enforcing the buildmg code is not the responsibilIty of the Planmng ConunIssion, It IS the responsIbIlIty of the buildmg official. . Ray DaVIS, 912 W. Laurel St, stated no one wants to put a burden on anyone else. He suggested that Mr Gannon do some "recyclIng" and plan for some reasonable movement of all the cars and have fewer stored m front. Mr. DaVIS later SaId a fence Isn't necessarily the solutIon; see if . voluntary promIses can be met, he suggested. Mr. Gannon agreed that he doesn't sell a lot of cars, but has had a dealer's hcense for 25 years He saId he It would be nearly ImpOSSIble to fence the front of the buIldtng If he were required to do that iB order to store addItIonal vehIcles as the neighbor to the west doesn't want fencing; the neighbor would rather have trees planted Also, he said requinng fencing along the east property hne would block off access to the SIgn shop business. He said he would go along with "policing" the front of his buildmg and haVIng the better cars up front, and he agreed to work WIth Mr. Russell in addressmg concerns Rich Cummings, Ward 3 CIty Council representative, noted tlns Issue is not specific.~to Mr. Gannon's business. There are other potential problems the ordmance is mtended to prevent. Other than unSIghtly cars stored on Mr Gannon's property, Mr. Cummings said there is a safety issue WIth the trash receptacle and Junk stored in the back. He said he thought the proposed ordmance was a farr onee Nancy Brown, formerly of 518 W. Owens St., called Mr Gannon's property an eyesore that needs to be cleaned up. She also stated there is a parking issue, WIth some of Mr. Gannon's customers/vehicles parking m the CIty park area.­ In the Plannmg Commission diSCUSSIon, there was some question as to the definition of permanently stored autos. Mr. Wald raIsed the question of whether putting a price on vehicles . 2 ~ , . . . Planning Comnnssion October 11, 1999 would change the definitIOn of a storage area to a used car lot. Mr. Ranum suggested looking at how other municIpalities address the issue. Mr. Zoller said he conceptually agreed with the ordmance. He suggested the matter be referred to the City Council, noting the Council must have two reading of an ordInance before it goes mto effect, and directIng staff to better define "permanently stored autos" for inclUSIOn in the final ordinance language. Mr. Roetman s8.1d he would prefer that the revised language be returned to the Planning CommIssion before being forwarded to the City Council. Mr. Zoller made a motion to send the proposed ordmance to the City CouncIl and dIrect staff to address the Planning Commission's concern regardIng the definition. Mrs. Bealka seconded the motion; motion failed 2-4, with Mr Ranum abstaining Mr. Fontame, seconded by Mr. Wald, moved to table the matter, directIng staff to add language clanfymg the definitIon of stored autos; motion passed unanimously. Other items. · Mr. Zoller SaId he had attended Met Council's workshop regarding growth design and found It to be very Informative. · There was dIscussion as to the need for a workshop session to dIscuss priorities, goals and role of the Planmng CommIssion. Mr. Russell suggestIng establIshing an agenda for such a session Mr. Fontaine and Mr Roetman agreed to work with Mr. Russell to frame an agenda for a future workshop session. Mr Wald, seconded by Mr Ranum, moved to adjOurn at 8:30 pm, all in favor. Respectfully submItted, Sharon Baker Recordmg Secretary -.. j 3 MEMO To: From: Subject: Date: Planmng ConumssIOn Steve Russell, Commumty Development DIrector 12--- RegulatIon of Appearance of Auto Related Uses next to ResIdentIal Zone DIStrIctS October 7, 1999 TIns Item was first brought to the CouncIl's attention last Apnl (see attached memo). Dunng the summer, the Planmng Conumsslon reviewed the sItuatIon and pOSSIble ordInance amendments. Staff met with Mr. Gannon dunng that time and requested the owner to clean up the sIte. TIns has not occurred. The proposed ordmance would gIve the owner SIX (6) months after Its adoptIon to meet the reqUIrements RecommendatIon. Approval Attachment: Draft OrdInance . " ~ , . . . Il2ZW II21W ll20W V1a11l1V Map .+. o 72 Scale In Feet ...............-..:"........... ..._"---::..... r...:...-:..~.;t...""r" , -...--..... ......... .....,......... =:::::0=.--- ".................."" - " . '( ~ ::: Hf\L0 Y(MJ~ ") ") . <7(k e~"" · - .- put tv 5~ ~ y-~-V-+ Y y r Y )t , )~ p~ {'Ii I'v" · (U. ~1,A" ,,1- ~ lo/ ~ >?- .- ;7 - / - ~ r 0.., ,..1<.. ~ a/Z- t:VlA' ~ ) (\/ - jVJC/~/i4c- Lt /YJ; f 11 tf?;l') (/./U- t 6t14 L tt Jh (/I'v! 1\./ r rvtUrv, IJ /V/'1 '^ \' ~ ~ ~ . . . . Planmng CommIssion June 14, 1999 Mr. Rheinberger, seconded by Mrs Bealka, moved approval as condItIoned, retaining condition No.2 regardIng the trail, but elIminating condition No.6 that parking be setback a minimum of 10 feet from the property lme. MotIon passed unanimously. Case No. V/99-26 A variance determmation for rear yard setback (25 feet required, 15 feet requested) for an adchtion and remodelmg of an existing residence at 502 N. Everett St. in the RB, Two Family Residential DIStriCt. TImothy Old, applicant Mr Old explamed that the lot IS unusual, and he was unclear as to how the setback requirements applIed. Mr. FontaIne noted the address IS Everett Street, but cold be considered to be Park Place, in whIch case a variance wouldn't be needed Mr. Old, an arcIutect, prOVided photos and explained his plans, plans wmch, he SaId, are intended to maintain the eXIsting house and construct the addItion such that it maintains a "kinship" With the existing structure A questIon was raIsed about drainage, and Mr. Old responded that he Intended to maintaIn draInage on SIte Gary Gehrman, 512 Park Place, SaId he was concerned about the aesthetics of the ravine, but felt Mr. Old's deSIgn would not create a problem. Mr. RheInberger, seconded by Mr Wald, moved approval as conchtIoned, based on the address as 502 N. Everett St. Motion passed unanimously. Other items: Regulating reoaIr garages in reSIdentIal districts: Mr. Russell explaIned that the CIty Council has receIved numerous complaInts regardmg the busmess at the comer of Owens and McKusick Road He SaId the mtent IS not to remove the business, but improve the appearance as viewed from the street BuIldmg owner JIm Gannon was present; he pointed out there are three separate businesses housed In the buildIng, and In adchtion to Ius repair busmess, he has a car dealers lIcense. There was considerable chscussion about ways to limit the number of cars parked there, and the possibility of requiring a portion of the property to be fenced and cars stored behmd the fencing. Mr. Hultman suggested the area to the west of the building where partially junked out cars are stored IS most offensiv~ Mr. Gannon agreed to get parts stored away. After consIderable discussIon, Mr. Russell asked for chrection as to whether to require that parked cars be screened If that is not required, he said there are minimal things than can be done to improve the appearance of the property. It was suggested that even parking cars in a more orderly fasmon would be an improvement. Mr. Gannon agreed to direct the other tenants to do that, and agreed to store the parts out of view. Mr. Russell was directed to develop a fence plan if necessary. 3 MEMO .. To: From: Subject: Date: Planmng ComnnssIon tf ./ Steve Russell, Commumty Development DIrector ,- RegulatIon of Auto Reparr Busmess m ResIdentIal Areas June 11, 1999 . Background The CIty CouncIl dIrected staff and the Planning ComnnssIOn to study and develop regulatIons to better control the VIsual appearance of eXIstIng reparr busmesses m resIdentIal dIStnctS Over the years, the CIty has receIved numerous complaints about the appearance of the eXIstIng auto body shop on the comer ofMcKusIck and Owen Street (see attached memo). The approach to developmg regulatIons IS for the Planmng ComnnssIon to mdependently dIscuss the SItuatIon at your June meetmg. From that consIderatIon and dIscussion, staff wIll draft regulatIons to address concerns for the appearance of the use After a draft ordInance has been prepared, a public heanng can be held where neIghbors and busmess owners wIll be notIfied The Planmng CommIssIon can then receIve comments makIng changes m the ordinance as appropnate and recommend the ordmance to the CouncIl for adoptIon The CouncIl would then go through the publIc heanng process agam and adopt the regulatIons The Problem The problem IS the appearance ofthe busmesses use of the SIte As many as 30 cars are stored on the busmess property The stored cars, car parts and other related matenal are seen from McKuSICk Road and Owens Street . Possible Regulations Methods of ehmmatmg the appearance IS to requIre that the stored velncles be enclosed by a fence. The fence should be located belnnd the street setback (30 feet along McKuSICk and Owen) The fence setback could be on the property lme or set 5 feet back to allow landscapmg between the fence and the property lme The appearance of the fence from the street could be softened by landscapmg the area between the fence and the street that IS not needed for customer parkIng or site cIrculatIon Other regulatIons could hmIt the amount of outside storage ofvelncles to number ofvelncles or reqUIre all outsIde stored ~elncles to be enclosed m a buIldIng meetIng resIdentIal bwldIng setbacks. Planning Commission Consideration Planmng ComnnssIOn members should dnve by the sIte and reVIew the possIble regulations for meetmg dIScussIon. From the CommIssIon dISCUSSIOn, staff wIll draft regulatIons. . . MEMO . . To: From: Subject: Date: Mayor and CIty CouncIl Steve Russell, Commumty Development DIrector V DIscussIOn of Code VlolatJ.ons and Zomng Concerns at Gannon's Auto Body Apn130, 1999 The condItJ.on of Gannon's Auto Body Shop sIte has been a concern to the CIty of StIllwater and surroundmg neIghborhoods for several years McKuSICk Road IS an entryway to StJ.llwater from the west and the appearance of the sIte gIves the CIty a bad rmage A recent mspectIon of the sIte showed over 30 cars parked at vanous locatJ.ons around the auto rep31r shop. A reVIew of the sIte WIth the Bwldmg Inspector mdIcated the temporazy storage structure attached to the west SIde of the repaIr shop IS not to code and Illegal Cars are parked m the reqwred setback areas and parts of cars are stored m vanous locatJ.ons for long penods of trme To deal With tlus SItuatIon, staffmet to develop a strategy Staffmcluded the CIty Attorney, Code Officer, BwldIng Inspector, CIty CoordInator and CIty Planner. The strategy IS two fold (1) to bnng the eXlstmg use up to current reqwrements by reqwnng the removal of the temporazy structure, and (2) developmg an ordInance reqwnng screemng of autos stored ou~slde Tins ordmance would be prepared by StaffWlth Planmng ComnussIOn mput The ordmance would reqwre autos to be screened by a sohd fence and located belnnd the reqwred setback Recommendation: ImtIate Zonmg OrdInance amendment requmng screemng of autos stored outSIde . ., ~ e . . MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BuILDING 333 NORTH MAIN STREET. SUITE #202 . PO Box 438. STILLWATER, MN 55082 TELEPHONE (651) 439-9464 . TELECOPIER (651) 439-5641 DAVID T. l.\-lAGNUSON RICHARD D. ALLEN MEMORANDUM TO Mayor, CIty CouncIl and Staff FROM. DaVId T. Magnuson DATE December 2, 1999 RE Business Subsidies, MInn Stat. ~~116J.993-116J.995 The new MInnesota BusIness SubsIdIes Act took effect for agreements entered Into on or after August 1, 1999 The new law (a copy IS enclosed) defines a subsIdy to Include tax mcrement financing, tax abatements, preferentIal utilIty rates and specIal assessments under certam CIrcumstances. It pertains to SubsIdIes in excess of $25,000, but not to subsidIes for housmg projects and certaIn types of renovation and some forms of redevelopment The first step IS to have a busmess subsidy policy in place and to do that the CIty CouncIl IS obligated to hold a publIc heanng to adopt cntena for awardmg subsIdies. These cntena "must mclude a polIcy regarding the wages to be prod for the Jobs created" DIane and I created a form of polIcy and enclose It for the CouncIl's consIderatIOn and reVIew Also enclosed IS a copy of the law We are prepared to help the Council With questIons before or at Tuesday's hearmg Respectfully submItted, ~ David T. Magnuson StIllwater CIty Attorney DTM/nm Enclosures SCI :J CHA.PTE::;t No 24,3 H F No 2420 1 Sec. 1.2. [~~;:opp:~:l':='o~ 1 2 $18,131,000 15 a~c:~c:~ated for :~seal ea: 2001 frc~ ~~@ J ee~eral fund to the dlst:1C: cou:ts for pu:eoses of fu~d~~a ~h~ 4 c~$~r~c~ co~:t expenses u~de: t"~S a::~cle. 5 Sec. 13. [~rF~CT!vt OA~ES. CONTINGENCY.) 6 fa\ Se=~~c~s 2 and 6 ate e!fec~.ve fo: 21ds oavab:~ ~~ 7 2000. The o~her prov~s~o~~ of t~_s art~cle e:oV1Q~~O for t~e a t:ans!e: of tees a~d f~~e$ to t~e state are eEfect~v~ 3an~a:v 1, 9 2QOO, ~~th re$o~ct to cou~~les ~n the e~ahth lUClc1a1 dlstrlct, 10 and 3u1v 1. 2000, wlth :es~ec~ to coun~~es ~~ t~e fifth, 11 seve~~h, anc r~~th j~d~Clal dlstriets. ~2 iE) Notwlthstanc~no ca:aora~h (a), t~~S artlcle does not 13 ta~e effect u~lesS the state as5u~eS the dlstrlct cour~ costs 14 u~de: 1999 S.F. ~o. 2221, are~cle 7. 15 r..PTICLE 12 16 BOSIN~SS S03SIO!ES Sectlon l. (1l6J. 993) (DEPINITIONS.) 17 18 SubdlV~s~on l. (SCOPE.) For the ourposes of see:.ons 116~.993 to 116J.995, tre te:~S deflned 10 thlS sectlcn have the 19 20 21 ~ea~lnqS Qlven th~~. Subd. 2. [BE~U:=X'!' DATE) "Beneht date" tl'eans tk'e date 22 that t~e recle~e~~ recelves t~e hUS1~ess subs~cv. If the 23 bUSlness s~c$ldy lnvolve$ t~e ourehase, lease, or donati=n of 24 ehvs~ca1 e~ulpnent, then t~e benef~t date beQins w~e~ the 25 reC~Olent cuts the eau~~ment lnto serVlce. If the bUsl~ess 26 SUbS1CY is for lmcrovements to property, then the beneflt date 27 refers to the earllest date of e~ther: 28 (1) w~en the lmorove~e~ts are flr~sned for t~e e~tlre 29 proJect:; or 30 (2) ~hen a b~Slness oce~Ple~ th~ Drooer~v. If a buslness 31 oceue~es the ~ropertf and the SUbS1QV Qrantor e~~ec~S that other 32 bus~nesses will also OCCUO the same oro ertv, the Q~a~tor ma. 33 a55iq~ a se~arate beneflt date for each bus~ness when ~t fi~st 34 occupies the 9roeerty. 35 Subd. 3. [BUSINESS SOBSIDY.] "BUSiness gUbSlaV" or 36 "SUbS1dv" means a state 0: local ove:nment a encv ~:ant. ;"rtlcle 12 Section 1 225 t.~ IT -:'~" t.: I .o~ j l;tl?(~'~,~:ll;'j (E' J t It.~ :C'll .~': ~J~I I ~8 <1("",,' I II.IJ It't 'rJ~' t e . . e . t . . . 90 d - i; I' "~.t"'al crt ~P'I'ER No 243 H F No 242.0 1 con:r~~utlo~ of personal preo~rtv, real ~=o~ertv, 2 ~nfras~ructure, ~h~ prt~C~ a' a~ount o! a loan at ra~es below 3 t~ose co~~e:Clall~ ava~lable to the rec~~~e~t, arv recuction 0: " 4 deferral of a~v tax or a~V fe~, anv uara~tee 0: anv pav~ent 5 _~ce~ any loa~, lease, or other oblleatlor, or a~ p~eferential 6 use of ~over~~ent faCllltleS C1Ven t~ a buslneS$ 7 ~~e fo:low~nc for~$ o~ fl"anClal assista~Ce are no~ ~ , . S b~$i~ess s~bSldv. JJ 9 (1) a bUslress SUbSldv of less than 525,000: ': 10 ~) a$SlS~&rce that lS aenerallv a~allable to all 11 bUSlnesses or to a aeneral class oE similar bUSlnesses, suc~ as 12 a line of bUS1~ess, Slze, locatlon, or Slmllar eneral cr~terla: 13 {3) puol1C ~m~rove~ents to bUlldinas or lands owned bY the , . l' state or lccal qovernMe~t that serve a ~ub1ic ~roose and do nQt 15 pr~~c~~allY be~eflt a sLnole bus~neSs 0: def~ned Qrouo o~ 16 buSlnesSes at the tl~e tre l~O:OYements are ~ade~ . . 17 (4) ~ecevelo~wen~ ~rooerty pollutea bv co~t8~1nants as la def~~ed l~ sect10n 116J.5S2, subdlY1Sion 3; I .. 19 5 aSS1$ta~Ce o=ovlded for the sole ~~oose of renovati~ 20 old or deca 10 bUlldln~ stock or brinQin to code, 21 ~rovided that the assistarce lS eaual to Q: less tha~ SO ~ercen~ 22 of the total cost: , , .' . 23 6 aS51stanee o:ovlded to oroanlzatlons whose rimarv 24 ~lSs~on is to provlde job !eacinesS a~d trainino servlces If the 25 501e purpQse of the assls~ance is to orovlde those se:vicesr .. '. 26 27 28 (7) assistance for bOUsln~ (8) asslstance for oollu:lon control or abatement: (9) asslstanee for e~erqy conservatlO~ 10 tax ~eductlOns resultlna from conform~~ wlth federal 29 30 tax law; 31 (11 workers' comoersatlon a%'d unemolo ..ent compensatlon: 32 112) beneflts oer~ved from reQu1atlO~. 33 ~3) ~ndirect beneflts derived from assistance to 34 educational instltutions: :3S 36 (14 funds from bo~ds allocated under cha ~er 474~~ (15) aSslstance fo: a collaboratlon hetween a Mlnnesota Arti.cle 12 Sect1.0~ 1 226 6~ tt St'j9~r.:C1S'j -<,ej t ll:i~dOW j:~~II ~8 66. t";: t,OI j ":1) d CHAPrER. No 243 H. F No 2~'20 1 hlqhe~ ed~ca:~O~ t~st~tut~o~ and a busIness; 2 (16) ass~s:a~ce :or a ~a~ ~~e~e~~~~ :~~a~Cln sOlls ~ cond~t~on d~5tr~c: as defIred ~~de~ sectlon 469.174, subd1Vls~on 4 ;!L (li) redeyeloo~ent whe~ t~e rec~o~ent's ~~vest~e~t ~n the s 6 curc~ase 0: the Slte a~d in Slte ere aratlon lS 70 cerce-t 0: 7 note of t~e assessor's c~~re~t year's est~~ated ~a:ket value' 8 ill ~ (lS) cene~al cha~ces i~ ~a~ lncre~ent flnancl~O la~ and 10 ether ~eneral tax law chanaes of a p~lneIoal1v technlcal natur&. 11 Su'od 4 {GRA:~roR.l "G=al"tor" means any state 0= local l2 Qover~~@~t a enCv wlth t~e autrorlt' to ran: a bUsl0ess SUbSldv. 13 Suod. 5. {LaC,\!. GOV:;~UW.EN'l' AGENCY.] "toeal covernmen t 14 a-encv" lncluees a statutor or home rule lS and redeveleo~ent a~thorlt , town, cou~t , oort authot~tv, 16 ecO~~m~c develc~~ert au~hO:lt . co~~unlt develoome~t aaencv. 17 ~onorof~t e~t~t created h a 18 other ent~tv c:eated by Ot authot~zea bv a local covet~~ent wtth 19 authorltv to otovlde business SUbSld~es. 20 Subd. 6. [RECIPltN':.1 "Pec1D.:.ent" mear'S any for-profit or 21 nonoroflt buslness @ntItv that recelves a bUslness subs~d . 22 O~lv nonproflt entlties Ylth at least 100 full-t~~e eaulvalent 23 Ooslt~ons a~d with a rattO of h~ah@st to lo~est Da~d emolo ee, 24 that exc@ecs ten to o~e, determlned on t~e baS1S of full-tlme 25 eaulvalel"t Dosltions, are included In t~lS d~~lnlt~on. 26 Subd. 1. (STATE GovrRNMENT AG~NCY 1 ~State Qovern~ent 27 a ene' P means an state aae~c that haS th@ author~t to award 28 bUsl~e5$ su~sld~es 29 Sec. 2. (116J.994) (R~GULAT!~G LOCAL ~D STATE aUSINESS 30 SOBSID!~S. ) 3). SubdlvlS10n 1. [Poa~:c PURPOSE.] A buSlneS$ $UbSldv mus~ 32 ~eet a DubllO uroose other t~a~ lnereaslna tne tax base. Job 33 retert~on may only be used as a cubllC pureose In cases where 34 ~b loss is imminent ana de~onst:able. 3S Subd. 2. [DEVELOPING A SE~ OF CRITERIA. 1 A Dusiness 36 subs~QY nav not be c:a~ted ~ntll t~e Qranto~ has ado~ted Art:l.c!.e 12 SectlO'\ 2 227 elf' T T t,t,. t.::- :,011 .;t'j9~:,=T';'j A e.:l ~ JI:!~I ~[IH.~ : ~J~I I ,~H ~; ~..~ ' ~ I' II ........l' H , , .' I , ,11', . ' I " I" I .' i , ~ I ," < , , . < < \, .' , .' . . . . 20 d "' ' " , . " , . I ~. CHAP'TER No 243 H F No 2~20 , . 'e ... ~ c:.~er~~ af~cr a g~b1ic he3t~nQ far awardlnQ bus~neSs S~bsld~e~ 2 ~hat co~~ly ~lth this sectl0n. ~he er~tetla must 1ncl~de a J OOllCV recard1n the W8QeS ~o be ~a1d for t~e obs orea:ea. ~~e 4 co~n~S$10ne= o! tra~e a~o econo~~c develo~men~ na ass~s: local 5 cove~~,e~t aQenol~S 1" dev~lo~l"q crlter~a. 6 suba. 3 (SUBSIDY AG~~~~~~.l ~al A rec~Ole~t ~~~e enter 'I c.,. 1 7 l~tO a s~~s~oY aoreeme~t w~th t~e rantor of the subS1dv that ,I ,It r I" ,i. ..I 8 lncludes. 9 (1) a oescr1ot10" of the subSldv, includ~nQ the a~ount a~a 10 tv~e of SUbSldY, and ty~e of a1S::1ct i~ the $~b~~QY 1~ t2~ II i~cre~e~t f1narc1nq; .... , . .: f... 12 (2 a statement of the QubllC uur oses for the 5ubsld 13 (3) coals for the subsidYL 14 (4) a descr1Dtlon of t~e flnanclal obllqatl0n of the 15 :ec~~lent lf the coals a~e not ~@t; . . 16 (S) a ~~atement o~ U~y the SUbS1Qv lS needed: 17 (6) a cO~~ltment to c~nt~rue o~erat1o~S at tre slte w~e~e 18 the subsidY 1S used for at least flve years afte~ the ceneflt 19 ~ 20 11) the na~e and address of the carent corcoratlQ~ of the 21 reClg~ent, If any: and ", ..,' ~ , . 22 (8 a llst of all flnanclal assistaree ball Qrartors for 23 tt'e pro1ect. 24 (bl BUslness SUbSldles In the form of qrants must be 25 structured as for lvable loans. If a business subsid is not 26 structured a~ a for ~vable loan. ~he acreement must state the 27 fa.r market value of the subs~d to the recl~len~, lncluClnQ the 28 value of convev~n~ prooertv at leSS than a fa.: market Drlce, or 29 othe~ In-k1nd benef~ts to the reclOlent. 30 c If a bUSlness $UbS1d benefits ~o:e than one teC~ ~ent, 31 the Qra~tor must assL n a nrooortlOn of the bUS1~es5 subs~c eo J2 eac~ reel Lent t~at Sl ns a subSidY a reement. The ~ro~ortio~ 33 assessea to each teC~Olent must reflect a reasonable est~mate of 34 the rec~Olent's share of the total benefits of the pro eot. 35 (d The state or local oovern~ent aQencV and the recioient 36 ~~st both 51 n t~e subS1dv a reement and, If the Q~antor is a 017 11 Artlcle 12 66. tG . ,all SectlOn 2 228 St'j9~~.~1';'j t;-e.:l ~llj~::IOW'2~ ~~II::I8 ')1) d CHAP'I'ER. No 243 H F No 2420 ~ ,. ,- I t rI. '''I: l' 4 I " h , 1 local q~v~r~~~n: age~cv. the aQ:ee~ent must ~e ao~~oved ~y the 2 local elected Qo~er~lnc bodY, ec~e~t 'or t~e 5t ~~ul Po~t . 3 A~t~or~cv and a seaway port a~t~or~tv 4 S...'od. 4 rnAG~ ANO JOi C~A~S.) The 5ubsldv a~ree~e~~, In . , oals for t.~e 5 addlt~o~ to anY other ~oals, m~s: ~~clude: (1 6 n~~oer of o~s crea~e~. W~lC~ ~av lnclude seDarate oals for t~e 7 n...mber c: Qart-tl~e or full-t1me o~s. or, ~n cases w~ere 00' 8 los$ ~s l~~l~ent and d~~onstrah~e, ~oals for tre r.u~ber of obs 9 retai~ed; ard (2) waqe Qoals for t~e 1ob$ created or retained. ~o I~ addltlon to o:her SDee1f~c coal tl~e fra~es. t~e ~aa@ 11 and )C~ coals rust conta1r soeclf~c qoals to De attal~ed wlthln 12 t~O years o! ~he beneflt date. 13 s".bd. S. (?UBLIC NOTICE AN~ HEAR!~G.l (a) Before craptlna 14 a bus~~eS$ subs~dv that exceeds $$00,000 fot a state cover~~ent 15 gra~tor apc $100,000 for a local oovernmen~ Qraneor, the ~~an~O: 16 ~~st Drov~de publ~c rotlce anc a hearlna on t"e subsidY. A 17 ~~hl~c h@ar~"C ar1 notlCe uncer th~s SUOd1Vls~on is rot r@a~lred 18 lf a hearl~O ard notlce on the $UbSld 1$ otherwise rec~~red b e: 19 ~ 20 (b) PUOllC rotice of a propos~d bus~ness 5ubs1dv unde~ thlS 21 subd~vls~on b overnment crantor must be ublished 1n 22 the State Reglster. PubllC notlCe oe a ~~ocosed business 23 SUbS1Q under t~lS suhdlV1Slon bv a local over~ment Q:an~or " 24 must be ~ubl1shed 10 a local newspaper of qereral clrculat1on. 25 The cubllC not1ce must ldentlfv the locatlon at WhlCh 26 lnformatlon about the bUSlness SUbSld , 1ncludln a CO~V of the 27 SUbSldv aQreement, lS ava1laole. pub1isned notlce snoc~d be 26 5ufflClentlv conSP1CUOUS 10 Sl:e and placement to dist~nou15h 29 the ~OtlCe fro~ the surrou~dlnQ te~t. The qrantor must make the 30 lnfor~ation ava~lable 1n prlnted caper OOCles and, if posslble, 31 o~ the In~ernet. The overnne~t aQ@~C nuS~ proy~de at least a 32 te~-day notice for the ~uOllC hear~na. 33 Ie) T~e publiC notlce must ~nelude the date. ti~e, and 34 ~lace of the hear~na. . 35 la) The oubl1C hea:lna bv a state ~ove:nrnent qran:or must 36 be ~eld in St. paul. t\rt~cle 12 Section 2 229 It IT 66, 17,: ,.,o~ j ';t'j'j'~,::-,: I ;'~. ~ e.: t lt~ ~Oll... : ~I~II :18 . . . 01 d . . I .. )".''1'\11 - . , " . " . . Ct1APTER No 243 l-i F No 2420 1 S~bd. 6. (~rtIL~~E ~O X~~~ GOALs.l The subsiav acr~e~ent '. . , 2 must soec1f ~he :eci ~enc's Qb1iQ~~~o~ ~f ehe ree~ ~e~~ ~oes '''. 3 nO: Eulflll the acree~ent. At a "~n~m~~, the 2areement must , :ea~~re a :ec1~1ent fa11_~Q to ~ee~ sucs1d aQreement coals to 5 =ay ~ack toe ass~stance gl~s i~t~rest to the c~antor ~rov1ded 6 that ~enavnent ma b~ ~ro=ated to tefleet oart1al fulE111ment of 7 Q~als. The lnterest ra~e ~U5t O@ set at the ln~11eit o:lca " I 8 deflator caf1ned unoe: sectlon 275.70, subdivlS101 2. The 9 Q~a~tor, aEte: a pub11c hearlrQ, ~av e~tene for uo to one vear 10 the cerlod for neetln the Qoals o:ovldea ~n a SUbS1QV a reement. II A rec~oie~t t~at fa11s to ~ee: the te:~S of a sucsia 12 aQree~ent ~av rot reoelve a bUSlnesS SUbS1dv from an ara~tor l~ for a ~erlod of f~va yea~s fr~m t~~ cat~ of fa~lure O~ unt~l a 14 r~cl~ient satls:.es lts regay~e~t obllaa~lo~ under this 15 subd~V1S~O~, wh~ehever occurs fi~s:. l6 Be:ore a a:antoc s~o~s a business subs~dv aO~ee~ent, the , ~ , 17 cra~to= nust c~eck wlth the comQllat~on and su~arv ~eport 18 reauired by th1S sect~on to dete:nlre ~f the rec~ ie~t lS 19 el1~ible to rece~Ve a ~uslness SUbSldv. .. . 20 Subd. i. (~~PORtS BY RECI?lEN~S ~ G~~TORS 1 ~ _.1 If I . , 21 QUSlness subsio ararto: must rnon~tor the pro resS bv the 22 reC1Q~ent 1~ ae~leVlnQ aaree~ent qaals. 23 (b) A rec~Olent must prov1ae 1nfor~at~on reQard~nQ ooals 24 ana results fa~ two ~ears afte: tre ben~f1t cate o~ ~ntil the 2S Qoals are met, Whlchever 15 later. !f the ~oals ate not met, 26 the :eclOlent must contlnue to ~:ovlde 1nformatlOn o~ the 27 subsidy untll the subS1dv 15 :eoalo. The lnfor"atlon must be 28 fl1ed on forms oevelooed bY the CO~~1$S10ner 1n coo~eration wlth 29 teoresentatives of local ove~~~ent. Co ies of the com leted 30 forns ~ust be sent to the commissioner and the local overnmene 31 aqencv that provided the business subsidy. The ~e~ort ~~st 32 include: 33 ell the type, publ~c puroose, and a~ount of subsidl~S and 34 t e of d~strict, If the SUbSldv lS tax increment flnancin 3S (2) the hourlY wage of each Job created w~th senarate bands 36 of \laqes: ~:ticl'! 12 sectlon 2 230 1t' n 66, 17':: I ,O~l St99~,~.~T';'~ ,Ie.:! t JI::l~1 ~m J~~:: a:1~1 I ~8 n :J CHAP'I'ER No 243 H F No 2420 1 ill t~~ s~~ Qf the ~ou~~y ~aaes a~d ~os~ of health 2 ~nsurance :o~lded bl t~e em~loyer ~lt~ se~ar~te bands of ~a~es: 3 (4) the cate t~e 10b a~d waoe Qoals w~ll be rea~~ed~ ~} a ~~a:emen~ of ~oals ~dent~fled ~n t~e subSl~ 5 aaree~ent a.d an u date on aC~1eve-ent oE ~~oS~ oals: .:, 6 10) the locatlo~ oE t~e re~l~~ent or.or to recelv1~Q t~e 7 cus.ness ~~bSldv, a the re~.o~e~~ d~d no~ co~~lete the ero ect ou~:ined 9 .~ the sUbsiCV a ree~ent at thelr revlO~$ locatl0n, 1f t~e 10 recloient ~as revlo~slV 10cate4 at a~ocner Slte 10 Mlnnesota: 11 fS the r.a~e and adcress oE the ~arent cor~oratiOn of t~e 12 reclo~ent, If an~ 13 (9) a 115t of all flr2~clal asslsta~ce bv all Qra~tors fer 14 th@ pr01ect. a~d lS (10 other lnformatlc~ the CO~~lSS10ner ~a reauest. 16 A reoort ~ust be f11ed nO late: than ~areh 1 of ~ach ear for 17 the rev~ous year a~d w~th1~ 30 da s after t~e deadllne for 16 neetlnQ the ,oh and waqe coals. 19 Ie) Flnanc~al aSS1$tance that 1$ excluded fro~ the 20 defJ.nl.tlon of "hUS1I"US subsidv" 'by sectio'\ 116J.993, 21 subdlV1Slon 3. clauses (4 eel: to the 22 re~ortln reQ~J.re~e~ts of thJ.$ subd1V.sion, exce~t that the 23 :eoort of the reelo~ent must lnclude 24 ubll.C ouroose. and amount of the finanClal 25 assistance. and t ~e of dl.strlct If the subSl.C lS tax inereme~t 26 fJ.naf'\.cina~ 27 (2) proqtess towards meetlnq coals stated J.~ the SUbSldy 26 aareement and the public pur~ose of the aSslstance: 29 (3 the hourlY waae of each ob created with se arate bands 30 o~ ~aQes: 3l (4) the sum of the hourly waaes and cost of health 32 .nsural"ce orovl.ded bv the emolo er wlth se~arate bands of ~aces~ 33 (S the locatlon of the reclcient rior to receiVln the 34 assl.stance; and 3S (6) other lnfor~atlon the grantor reauests. 36 (d) If the reC1Qlent does not submit lts :e~Ott, the local Tt? Tl Atttcle l2 6t".. Ii,: (,O~ I Section 2 231 ';t'j'j~,~,~T';'j yeJ t jfj9::liJ\ r~:. 9~' I ~S "r1......~I.."1 '" . , , " ". . , 'I " . , " . . . . . '-:1 :-l ,. '........1 . ~ . ~I J, :I..,.. CHAPTER No 243 H f' No 2420 , . ~ co~err.T.ene a~e~cv m~$t na~l the reC10le~~ a ~arninQ w~th1n o~e 2 wee~ of t~e reculred filln~ date. If, aeter 14 da S o! the 3 ccstna:kec date of tre ~arnlnc, ~he reCl le~t falls to croV1C@ A .. " 4 =@~o:~, ~he :eC~~le~t r.us~ oav to the a:antOr a Qe~altv o~ 5100 S fo= each s~b~ea~e~t da u~tll the reoort ~S !~led. ~he maximum 6 ~e~alty 5~all rot exceed 51,000. 7 Su.bd. a. [REPOP.~S B~ GRAN~oRS.l (a) Local ~overr7e~t: 8 aQe~CLes of a local Gove:n~e~t ~lth a co~ulatl0n of ~o:e tha~ 9 2,$00 and state QOvernme~t a ereleS, re ardless of whe~~e: or . .h I 10 rot t~ev have awarded any bUS1~eSS 5~bsldles, must flle a recort 11 bv AQrl~ 1 o! each year ~lth the cOMmlSSloner. Local covernment 12 aaenCles of a local overnment wl~h a 00 ulatlOr of 2,500 0: 13 less are exemct frcm flll~O t~lS re~o:t ~f they have ~ot avarded 14 a bUS1~e$$ subs~dy ~n tn@ past f~ve Years. The local Qover~~ent :5 a e~cV must ~~clude a l~st of rec~ lents that d~d not comolete 16 t~e re~ort a~c of rec~p~ents that have not ~et the~r ~ob and 17 waae oals w~th~n t~O ears a~d t~e s~eps be~r taken to br~nQ -' , 16 t~e~ l~to cO~Ollance or to reco~ the su~sld . " 19 If the co~~~S51oner ~as not recelved the teoort b Aorl~ 1 20 f~om an entltV reoulred to recort, the commiSSloner shall issue 21 a wa:n~nQ to the government agency. If t~e eo~~isSlon@t has 22 stlll not recelved the report cv ~~ne 1 of that same year from 23 an entlt reau~red to re~ort, then that Qovernment a 2~ not a~ara an bUSlness SUbSld~es untl1 the re ort has been flled. 2S Ib) The eO~~lSsloner of trade and eooromlC develooment must 26 orovlce In!ormat~on on reaUlre~ents to state and l~cal 27 qovern~ent agencles. 28 Subd. 9. (COMPIL~TION AND SU~~~ p~~o~T.l T~e denartnent 29 of trade and econom~c develooment must ubl~5h a eom~11atLon and 30 $u~mar of the results of the reoorts for t~e reVlOUS calendar 31 Xear bv July 1 of each year. The reports oE the Qovernment 32 a enc~es to the de artment and the com ~lation ana summa~ 33 re~ort of the depa~tQent ~ust be ~ade aval1able to the oubl~c. 34 The co~~issioner ~ust coord~nate the n~cauctlon of reports JS so that useful comnarlsons acroSS time nerlods and across 36 orantors can be ~ade. The co~~~ss~oner ma add other A'Ctlcle 12 sectlon 2 232 117 n hh, 1:"1 l.ON SI799~':cTS'j <€j t lfj~.I:::lOV1~'S~I~)I:::l8 ~T d --."...................:.. , ,M Cl-IAP'l'ER No ~H3 H F No 2~20 . 1 1~fc~~atlon to the re~ort as t~e cc~~~ss~o~et cee~s necessa:v to 2 e~al~a~e b~Sl~ess SUOs~Q~es. ~-O~Q the lnfor~at10n in the 3 s~~~a:v and cO~~lla:icn reoo::. ~~e COr.~lSSlor.e: r.ust lnc1uee' 4 {!) total a~o~~t 0: S~~S~Cl@S a~arded ~r eac~ de~elo~~e~~ " ~l 5 reo~cn 0= t~e $~a~e: e"e (21 d~5t:l~utlon 0: bus_~ess s~~sldv a~cu~ts by Sl~e 0: 6 7 b~51ne$S SUOS1CV: 1 ~ ,"1 8 (3) dlstr~=~tlon of bUSlreS$ SJosldy a~o.~ts bv tl~e 9 cateQorv. such 25 ~o~thlv 0: c~a:tetlv. 10 (4) dlstrl~~elon of sJ~sid~es bv tv~e ard bv ~ubl1C 11 ~)U',:)Qse; t . . I " 12 ~) ee:cer~ of all bUSiness 5U~Sl~les that reached the~r 13 Qoals. . ( , . 14 (6) percent of bUS1reS$ S~bSldl~S that diC not teach ~hei: 15 coals ~v two years fro~ the be"eflt cate: 16 (7) total dollar a~ou~t o~ bUSinesS SUOSla~es that Old not ~i me~t th@~~ ~oa:s afte~ two vea~s from the bene=lt date~ . t6 (8\ ~erc@~t of SUbsldles tnat did not meet thelr Qoa:$ ana 19 t~at dld not rece~ve repaymert; 20 i!) list of reC~Clerts t~at ~ave failed to neet t~e te.ms 2: of a subSidv 8Qreement 1n t~e past f1ve years and ~ave noe 22 5at~5fied thelr re~avnent ob1l~atlons; 23 (10) nurrber of wart-t~~e and fu:l-t.me 1005 wlth~n se~arat@ 24 bares of ~aQes; and 25 (11) be~eflts oa.d wlthln separate bands of waaes. 26 See. 3. {116J.99SJ (!~OSOM!C GRAN~S.] 27 hn aoprcprlatlon rlde~ ir an approorlatlon to t~e 28 ceoattment of trade a~d eCO~OM1C de~elooment that soeclfles ~hat 29 the aop:QPrlatlQn be Qranted to a partic~lar bUSloess 0: class 30 of bUSlnesses ~ust C~"taln a state~ent of the excected be"efits 31 assoclated w~tn the Q:ant. At a m~nl~um. the statenert must 32 lnclude oals for the ru~ber of 'ODS creat~d. waa~s a~d, and 33 the tax reve"ue Lncreases cu~ to the orant. . 34 3S 35 See. 4. t R~~ ':::ALER. 1 MLnnesota Statutes 1998, sect~on 1l6J.991. LS rep~aled. Sec. S. (t~rEC~I~E DATi.) A::t~ele 12 Section 5 233 ::~ T T .;t',~(,-:.,-:-.-:- T ';? 'e.:l t Jfj~I.:B l' ~: ':,1':, I :\8: tt.. t;',: "Ot j . . . t1d '....'1 I, )..' t. . 'I CHAPTE:R Ko 2'3 J-{ F No 242:> 1 SectlOns : to 4 are ef!ectlve for b~s~ne$$ SUbS1Q.es Z e~~e:e~ ~n~O or s~ate AgcrOO~~~~~onS au~hor~2~d on or aE~~~ : r-r ) I,l ,'I' . fl'l~ ~ f, '.' , . I ~I I, \ " 3 A~Qust 1. 1999. 4 p.'p'l'!C:"E 13 5 6 ~n~ FoarZ!~~! A~D D!L!NO~~NCY PROC~~URES SeC~~Q~ l. M~nnesota Statutes 1998, sectlo~ 92.S~, ~s 7 a~e~ded eo read. ,I 1-1., I. "'~ , '. S 92.51 {~~A~ION: RED!~?T!ON; SPECIAL C~R=!?ICAT~.l "I 1 ,I'll' I ,~:' , 9 State lands sold by the d~!ector becone taxahle. A ~o eescr.pe1on of t~e tract sole, wlth the nare of t~e purc~aser. 11 r~5t be :ra~$~itteg to t~e pro?er cou~ty a~ditor. The a~dltO= 12 must extend the land for taxat.o~ l~ke other lane. only t~e 13 ln~e=es~ l~ the land vested by the land sale cerc.ficaee in its " , , I, 1t~ I , .. , '/ ~ I . I l' ~olde~ ~ay b~ sold for dellnque~t ta~es. g~e~-p~oc~e~~o~-~c-th= lS cO~~~1_~~ce~~~er-o~-~"e-ta~-cer~~~~ca~e-~~Yen-~~o~-te~-e::c,-~- ,,, , ' 16 eaee_t~e_:a~c:-~aYe-~Qe-bee~-~edeeMed7-~~e-~bx-p~re~~eer-~~~-~~e' 17 ~~q~~_~Q_pa!_t~e-~~~~c:p~~-e~=-~~~ere~t-e~e~-~~-ce=:~:~-~po"-~fte 'I 18 :a~d_~aie_ee~e~E:eaee-::-~~:-=:~%~nee7--:e-re~eeM-fre--e-~=~ 19 ~:~e7_~~e_~efeo~-~edee-=-9-~tt:t-pe1-the-eeanty-t~ee=~~e~~-fo~ 20 ~~C_~O;Qer_e~d_owne~-eE-t~e-~a~-:~=e-cer~:E~e3~e7-~r-eee%~~Qn-te 21 ===_:~M:_re~~~~ed_tc-be-p==d-%--ot~e~-ee:e=7-e~:-e~o~~t:-pe%c-by 22 ~~e_~o:cer_=~d-ow.er-fo~-%rte~e:e-=nc-~r=-~~pc%-ttPO~-the-=end " 23 :~!e_ee~t~::eeeei_w=~~-=~te~e:t-ct-:2-perec~e-pct-1e=r~--r~e~ 24 tre_a=teetor_~eeeiYe=-~.e-~=x-eer~:E~eeee-w=~~-~re-eoc-~~ 25 c=c%~erL:_e~r~=E~ee~e-of-t~e-ex?ira~:Qn-~~-ehe-~;~e-=e~ 26 re~eMPt:or7-~~d-~he-~O=~~1-~ree~=~er~~-~eee~p~-:o~-e~: 27 de::~q=ent_:n~e~est-~nd-~ene=ty-o~-ere-ia~~-3eie-ee~t=E:ee~e7 28 e~e_d%rceeo~_~~e::_:s:ce-~~e-ho:ee~-enc-ow-er-o~-t~e-t=x 29 eer~:~~c=~~_~_~pe~%~~-cere%~%ce~e-w=~~-~~e-Sb~e-ee~~s-e~d-e~e 30 ea_e_efEee~-a~-the-or%9:ne=-~c~d-sc=e-cer~:~i~ete~ 31 See. 2. Mlnnesota Statutes 1998, sect~o~ 279.37. 32 subd~v~sion 1. ~s amended to read: 33 Subdiv1S:l.on 1 tCO~OSIT!ON INTO ON2 IT~~.l Oelinquent 34 taxes upon any parcel of teal estate may be com~os2d ~~tc one 35 ~te~ or a~ount by confess~on of JUQgment ac any t~~e pr:l.or to 36 t~e forfe1ture of the parcel of la,c to the state for taxes, for Art:.cle 13 sect:.on 2 234 ~t It St799~,:-(:1';9 . I?j t ~t~kjOl--l'-: ~ ~19 I 'jEJ: t.t.. 172: {,Otl CITY OF STILLWATER . Business Subsidy Policy Definitions "Business subsidy" or "subsIdy" means a state or local government agency grant. contnbutIOn of personal property, real property, Infrastructure, the princIpal amount of a loan at rates below those commercIally aVaIlable to the busmess, any reductIon or deferral of any tax of any fee, any guarantee of any payment under any loan, lease or other oblIgatIon, or any preferentIal use of government facIlItIes gIven to a busmess These cntena only apply to SubsIdIes when the cumulatIve assIstance package IS over $100,000 (See ExclusIOns below) A "living wage" wIll be defined as 150% of the federal poverty level for a famIly of four Busmesses that provide employer-paId comprehensIve health msurance may pay a lIvmg wage defined as 130% of the federal poverty level for a fannly of four The federal poverty level for a famIly of four IS $8 02 per hour for 1999 or $16,000 per year "Comprehensive health insurance" IS defined as (1) Employer 100% premIum payment for mdIvldual coverage or 80% premIum payment for famIly coverage, (2) Employer rmmmum payment of 80% for office VIsits, emergency care. surgery and prescnptIOns, (3) A maxImum yearly deductIon of$I,OOO, and (4) MaternIty coverage . Stillwater's Priorities StIllwater wIll focus ItS Job creatIOn and retentIon assistance at busmesses that demonstrate a clear and ongomg commItment to the commumty by provIdmg hvmg wage Jobs to theIr employees and to resIdents where applIcable by gIVing pnonty to these busmesses over busmesses that have not traditIOnally paId hvmg wages, however, (1) Each project shall be evaluated on a case by case basIS, recogmzmg Its Importance and benefit to the communIty from all perspectIves, mcludmg created or retaIned employment pOSItIOns (2) If a partIcular project does not mvolve the creatIOn of Jobs, but IS nonetheless found to be worthy of support and subSIdy, It may be approved WIthOUt any specIfic Job or wage goals, as may be permItted by applIcable law (3) In cases where the objectIve IS the retentIon ofexlstmgJobs, the reCIpIent of the subSIdy shall be reqUIred to provIde reasonably demonstrable eVIdence that the loss of those Jobs IS Immment (4) The settmg of wage and Job goals must be senSItIve to prevaIlmg wage rates, local economIC condItIOns, external economIc forces over whIch neIther the grantor not the . . . . reCIpIent of the subsidy has control, the Inchvidual financIal resources of the recIpIent and the competItIve enVIronment In which the recIpIent's busIness eXIsts (5) Because It IS not possible to antIcipate every type of project winch may In ItS context and tIme present desirable commumty bwldIng or preservatIon goals and obJectIves, the govermng body must retain the nght In ItS dIscretIon to approve projects and SubSIdIes which may vary from the pnncIples and cnteria of thIS PolIcy Procedure StIllwater WIll hold a publIc heanng about all proposed SubSIdIes over $100,000 Wntten comments submItted before the heanng WIll become part of the OffiCIal consIderatIOns There WIll be a two-week penod pnor to the publIc heanng for existIng bUSIness owners, managers and employees to comment on the nnpact the CIty SUbSIdIZIng the bUSIness IS expected to have on them. If the subsIchzed bUSIness IS expected to result In Job loss In eXIstIng bUSInesses, the CIty must compare the numbers of and salanes of the Jobs that WIll be created to the ones that are expected to be lost. Reauirements (1) A bUSIness subsidy must have a defined publIc purpose. IncreasIng the tax base may not be used as a publIc purpose, nor can Job retentIon be used as publIc purpose unless Job loss is Imminent and demonstrable (2) Loan guarantees must have partICIpatIon by a private lender to assume at least 50% of the nsk (3) BUSIness SubSIdIes In the form of grants must be structured as forgIvable loans For other types of subsiches, the agreement must state the faIr market value of the subsidy to the business, including the value of conveying property at less than a faIr market price, or other In-kInd benefits the bUSIness (4) A bUSIness must set goals to be aclneved WItlnn two years for the number of Jobs that they WIll create (or retaIn when Job loss IS ImmInent and demonstrable) and the wages that these Jobs will pay (5) A bUSIness must have a goal for the percentage of new Jobs that WIll be held by CIty reSIdents (6) The business must dIsclose If the subSIdy IS expected to result In Job loss (WIthIn the business) elsewhere and/or how thIS WIll impact job levels of the bUSIness In Minnesota (7) The bUSIness must dIsclose any potentIal adverse Impact on the enVIronment that could result from thIS project Subsidy Aareement BUSInesses must be WIllIng to enter into a subSIdy agreement that Includes (1) A statement of why the SUbSIdy IS needed, 2 (2) A statement of the publIc purpose for the subsIdy, . (3) A lIst of all financial assIstance by all grantors for the proJect, (4) The name and address of the parent corporation of the busmess, If any, (5) A descnptIon of the subsidy, mcludmg the amount and type of subsIdy, and type of dIStnCt If the subsidy IS tax increment financmg, (6) A statement of the job and wage goals for the proJect, (7) A descnptIon of the financIal obligatIon of the busmess if the goals are not met, (8) A commitment to continue operatIons at the sIte where the subsidy IS used for at least five years after the benefit date, (9) A statement that the business does not have an ongoing unresolved adverse actIon on theIr record WIth the Occupational Safety and Health AdmunstratIon (OSHA), the Environmental Protection Agency (EP A), or the NatIonal Labor RelatIons Board (NLRB), (10) A statement that the busmess has a business-WIde affirmatIve actIon polIcy, and (11) A reqwrement that the busmess offer employees the opportunIty to partIcIpate in a health care program whIch includes an employer contribution Preferences All other things being equal and to the extent legally possible, preference WIll be gIven to applIcants meetIng the follOWIng cntena, . (1) Busmesses that contnbute to employee chIldcare and retirement accounts. (2) Busmesses that are locally owned, (3) Busmesses that have a goal that 60% or more of the new jobs WIll be held by CIty residents; and (4) Busmesses that have trachtiona1ly paid hvmg wages. Exclusions The following forms of financIal assistance are not a busmess subsidy (1) A busmess subSIdy ofless that $100,000, (2) Assistance that IS generally available to all busmesses or to a general class of SImIlar businesses, such as a lme of business, SIze, locatIon, or sunIlar general cnteria, (3) Public unprovements to buIldmgs or lands owned by the state or local government that serve a publIc purpose and do not pnncIpally benefit a smgle busmess or defined group of businesses at the tIme the Improvements are made, (4) Redevelopment property polluted by contaminants as defined m Mmn Stat ~ 116J 662, subd 3; . 3 . (5) (6) (7) (8) (9) (10) (11) (12) (13) Assistance provided for the sole purpose of renovatIng old or decaymg bwlding stock or bnngmg It up to code, provided that the assistance IS equal to or less than 50% of the total cost, Assistance provided to organIzatIons whose pnmary nusslOn is to proVIde job readmess and traming servIce If the sole purpose of the assistance IS to provide those services, Assistance for housmg; Assistance for pollutIon control or abatement, Assistance for energy conservation, Tax reductIons resulting form confomnty With federal tax law, Workers' compensatIon and unemployment compensatIon, Benefits derived from regulatIon; Indirect benefits denved from assistance to education instItutIons. Adopted by the City of StIllwater . Date of adoptIon. December _, 1999 Date of publIc hearing: December ---:> 1999 . 4 - . . RYLAND HOMES 7900 West 78th Street SUite 100 Edina, MN 55439 December 2, 1999 (612) 944-7701 Tel (612) 944 7709 Fax Steve Russell, CommunIty Development DIrector CIty of StIllwater 216 North Fourth Street Stillwater, MN 55082 Dear Steve. In response to the final conditions of approval for Stillwater CroSSings PUD, find the enclosed specIfic infOrmatIon addreSSing the condItIOns lIsted from the prelIminary PUD approval. The presented final buIlding elevations and landscape plans Incorporate the constructive comments and Ideas stated at our meetings An overvIew of the Just completed process IS as follows The mass of the bUIldings, and managing the draInage around the bUIldings, were predominantly the major concerns WIth thIS development To accommodate these concerns, the mass of the building IS now broken up by two front to back steps These steps range from 15ft to 4 ft depending on the grade change To Improve the drainage around the buIldings, vertIcal steps WIthin the bUIlding were added The location of the vertIcal steps were determined by the sites grading plan To Improve the overall aesthetics of the buIldings, a varIety of colors, materIals, and other bUIlding elements were added to all four SIdes of the bUIlding SpeCIfically, large gables were added to the rear roofs, smaller gables and shed roofs were added over patio doors, and WIndow treatments such as shutters, mantles, and trIm boards were used though out the bUIlding to add vanety The placement of addItIonal brIcks and shakes, especIally on the front elevatIOns, now create interesting random facades All these UnIt elevatIons are Included WIth thIS applIcatIOn To add addItional varIety WIthin the development, three sets of exterIor selectIons wIll be used Each set Incorporates a SIding color, a shutter color, a brIck selection, and a roof color A master plan has been created to predetermine each buIlding's exterIor selection Samples of these selectIons WIll be dropped off at your office WIth tIns applIcatIOn Contractor's License #20035443 - . . ~ The extensIve penmeter landscape plan created by the Pemtom Land Company, wIll contInue into the landscapmg around the bwldings. Natlve Stlllwater plants Will be used to enhance the bwlding's elevatlons, whIle other natlve plants Will create serm private courtyards between bwldings. A number of courtyards wIll have an adchtlonal pnvate space for smaller reSIdential gathenngs. These courtyards Will have pIcrnc tables and/or benches Pnvacy Will be created by the placement of plant matenal and trees The walkways and patlos around the bwldings Will be constructed usmg a vanety of matenals and methods. The matenals and methods mclude; aCId wash concrete, decoratlvely trawled concrete, broomed concrete and crushed stone paths A bwlding landscape plan IS mcluded With tins applicatlon I trust the mformatlon contained WItlnn tins applIcation meets your needs In the event you need additlonal informatlon or clanficatIOn, please don't heSItate to contact me Ryland Homes IS excIted about ItS opportunIty to be involved With "Stlllwater Crossmg" We thank you for your gwdance dunng the deSIgn stage of the SIte and our bwldmgs Respectfully Yours, 4# Mark Sonstegard Land Resources Coordinator Ryland Homes, TWIn Citles Attch. Urnt Elevations Exterior Selections Building Landscape Plan RYLAND HOMES e . 1 .. J .. . I II . I . ! t . J I I e i I I, ~ I ~ !!;t z I . ~ ~ .:'!:!Jcn- 111I : : IQ :! Ii: :~ en is a : 0 ~ ~ a: ~ t= o t- < :t > a: ~ ~ W t! w ... ~ cO .c w -, I := ...J ~> ...B :r I=W ... j~ lid i S ...I - I- II ! en ef! i . ......w---, ~ '", 8- I ! I ~~ ~- --=- --- ~-1-. 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The rol dlmen. on5 l3"'d areas 01"1 "UI pia... are a~"Q.wn=:n. ~.f.. '0 U". F.nCl "lot ere suoc:ort roc; csc : for ,..:c Ie. QI'T\ens.on. and cree. ~DATIo. Site Arec PYD IC ;t 0 'fW OedlCO ec tC S A. I't ,~ anCl 62."'14) .... 0.....00001. .'.0 To\OI Uftlls :..,.."Iv l ~\ "tenor PubliC ROM ::or'll: Oed cation (' 1I0ls #. at: B ~ & ...,...09' ."'0 D" ...."1' ."o..."'~. Sc"rtoc. ~I~'j ~ l' '0 s ~ :; ,. z. ~=-.;; --. L8GB:<D r~ Ii!f:i J 1Q (Ie J ac cc. 2" 91:1 OC 142 ",n,ts ~ 0- ...t'l1 . 'eu: . ~ JC oc. . JO a< (U'/.) C 12 CC lunlt e 92 ac: (J''t) '" "'t.- (Iz::) -' ~-, t.::ql 0' WOOQS ~ ~'.nc C.:r 'OUl"t E:qe 0' ",~t era t ...,.,.oe' 0' ..... \S PI Do..., QI"'lCi ~~ ~.c c:l'1i . loe .. Cl ~ >- .. Cl C ~ "i .. ::.. c . C "i as j e :; "CQ.E 1-1= Q) ~ ~.. ~ II ! i ... ! j :; I t i . a. ; ~ e 'tl o. 01 31 -il! II) III ;iI!! Ih k ~ i j ~c ~ . i ",- e" ..t !~ .. - r- . -- ,- -- - '" . . I f · , II'~ ~ ~I ,,~ -~---r- -..:;:>c"....t I '--y~,L.(o ~ . ft' . ---. ~ I. I -,... I . -~ . . 6. EMS .-- - ['.--- , . ' ~ ~-aA$ \.. ~ .r-:'- ." - .........~-.: 10- \...f'= 4t \ !\ ~ '-.. 1.,-' / - : ".I ..)1(,/.." , , L I I ! I - j'€7A ,,~- AWe, ;/ 1-,1<\&1-1 , 5' "fA ~ : ., . /'" I - fA, N= / / .-' / \-- TUFA /' '\ - V'1<l- ?; - s,c...:; -..... ......... II-~'" - , "r--'-. . I -.1 . ~ / I . . . . I I I ~ L~- i ./ .. ~_... ---..... I . -":! . .".: ~. ~ . ... .. ~ i.. ,- . - -- 1"" L..r~ I - "\ tpfA.. __ o -tt/J~ .. Jr... A\""~ I / \.. -reA / 11--7 - / I I I . ~- ...., ,.: I I 1 - ! ~;_ -! It --- 1-. -. I t== . J - .. ~.; "-I-~- 1- :t:fto \ '--I ' fUA J _ \_ :~l, ~~ I \ I .., ~ . . \.- ...' \ I ~...!-" ) ~ .,.JJ '-" .... - , .... -- ~. , \ "" , "" "- '4 J j -' t. -- - r- .- r-__[' oJ . ~ , J h ~.., . C'o", I , , -, -,"-"", J I' " ^~ ( ~ ( \ ~ \ i)) ~ BUILDING LANDSCAPE PLAN ~ A' ~r- UM~.A--1E t"i~:j (y~~~ II\II~ ptl~~) {, - ~A '" ----- rJ - ~r!'- ~i\G. (,..: ~. tv\ 'Ft::N '-fi - ~ Ilr ft"f..t~ av~fC.- (~ ~'f~... j '. . ~'. 12/B1/1999 16:18 43B881B CITY OF STILLWATER PAGE B4 ... RESOLUTION NO. 99-286 APPROVAL OF PLANNED USE DEVELOPMENT PEMTOM LAND COMPANY, PUDI99-8 NOW THEREFORE, BE IT RESOLVED by the City Council of .stillwater, Minnesota, that the Planned Unit Development for the construction ofa 142 unit cluster development and a 4.8 acre park, located on 28 acres at 5770 Manning Avenue, as shown on the attached exhibit, is hereby approved, with the following conditions of approval: 1. Detailed courtyard design including lighting fixtures. paving, material and detail and landscaping shall be presented befme final PUD approval. 2. Details of the maDlschool bus stop area shaI1 be presented before fmal PUD approval. 3. BuDding units shall have a variety of building colors, materials, building elements and detai1iDg as approved before final PUD approval. 4. The floor plate of the units shall be stepped with the COntOUr of the site to fit the buildings on the site, break up the mass of building and accommodate site drainage. S. Private common area design details including surfacing, landscaping and yard structures shall be reviewed bcfoIe final approval. 6. A SO foot setback sball be ,"AinmillCd around all wetlands and 2S foot buffer 7. The fina11AntI~.pc plan for the grcenway shall be approved by the Community Development Director before building permits are issued for the project. Adopted by Council this Sill day of October, 1999. lay ATTEST: . " (!J,..L~ Morli eldon, City Clerk MEMO To: From: Subject: Mayor and CIty CouncIl !l- Steve Russell, Commumty Development DIrector ../ Fmal PUD Approval for Phase I StIllwater Crossings Development(prevlously Legends West). Case No. FPUD/99-60 December 3, 1999 Date: The concept PUD was approved October 5,1999 Seven condItions of approval were approved Wlth concept approval (see attached Resoluhon No. 99-286). More det81led design changes have been made to address the concept approval conc:htlOn. See attached letter and plans. Recommendation: Approval Conditions: 1 The development agreement shall be approved before bwldmg permits are Issued. 2 The final plat for Phase I shall be approved before bwldmg penmts are Issued ~ttachment:Plans . ~ J.~ . e. '. . . . 11/23 /~ MAGNUSON Lqw FiPM ~ 4308909 1-.0.850 [;102 16 34 l.\IlAGNUSONLAwFIRM LICEPiSED JJf KlP'I"NISOTA A.~ WISCONSIN THi OF-ilCK Onle': l1\1tl.PllIC 333 'lOl'rH MAN SnElIT · SUI'I'E 1tZlr.t . P.O. SO>. 43~ . Sru.:"wo\Tl!'l, MN 5S012 TIl1.l!~lo(ONt: (65 J) 439-9464 . T!L!COl'lU (651) "3S.S~' D~"lD 1: MACN1:SQJlI RICJWtD D. ALLEN November 23. 1999 Ms, Marcia Kilbourne 216 W cst Willans Street Stillwater, MN 55082 Re 216 West Wilkins Street Dear Ms. Kilbourne' Nde Kriesel, the CIty Coordinator, has asked that 1 wnte and explaIn to you the status of your residence at 216 West Wllkms Street Th1s structure is located in an RB-Two Family zor.ing district, which means that smgle far:\ily and d\.lplcx umts are permitted within tl1c wstnet without the need for special permits. The City belIeves. however, that you currently use the: strueture and 216 West Wilkins as a three plex thereby operating the structure in violation of the zoning ordinance. When you recently uked for a bwlding pemut to construct a garage on the property, you were told tb:.t a building permit would not be issued to expand the use since it is nonconfomung and maintamed In violation oftbe zoning ordInance. You essentiall) have two choices. You could ask for a vanallce to have a three family stt'Jcture on the Site. If thiS vanance were granted, your use would be lawful clDQ )oa no doubt would be entltled to construct a garage on the SIte as well The other option 1S to eliminate the tbU'd unit from your basement as you promIsed you woulc when you were allowed to remodel your house In 1998. Once the City is satisfied tiat you indeed have a two family dwelbng on the site. a bulldmg permit for a garage could be conSIdered 11...23...3= 16 34 D1M1wv cc: N:h~ Knesel Steve Russell Allen Zcpper Kevm Shoeberg r-:AG~.J.:SON L::;W F - RM ? 431388129 ""0 8::& Respectfully submmed. ~~JV"~ Dav'd T ~agn~so;l Stlllwater Clty ~mey li03 .' . . . . . . NO'\ember 8. 1999 ------- --- ---- - ... Nov 2 a .CC'~ ~I,,- :J CIty CounCIL ~ K 7lt M) bwldmg permIt has been WIthheld by AI Zepper, head of the bwlding < dept The reason he gave IS I have 3 families mng In my duplex. He S31d I agreed to only mo fanulies Therefore he says I can not add on to a bwldmg that has non- conformmg use My sIde of the stoty 15 I agreed to two leases A duplex. wIth one SIde haVIng a mother-tn-laws appt , as It has turned out, that goes WIth It m the lease. I dId not tntend on hvmg tn tlus space mysel( but rnther to bwld a home to replace the home I sold tIns spring. Ho~ever, I sold the property on wlnch tlus new home "as to be bwlt to the CIty of Stillwater, after the coUIlCll approved the purchase Consequently, I must find new property before I can build. I !me been very ill, but hope that I can bwld tlns new house m spnng. The mother-tn-bms apt will be taken over by the rental umt that aJoms It when I move out, as already agreed. WInle It "ould be mteresting, even finanCIally benefiCIal in the long term., to change the property tnto a tn-plex for seperate rents and leases to three people as AI Zepper has suggested, It ~ould also be veIy confusIng as it IS plumbed, WIred. heated.. etc as a duplex. Changmg It to a/toplex may prove complicatmg, and expensIve The other SIde of the duplex has' no mother-m-Iaw apt. and It is on this SIde that I propose to put a hvmg room, bedrdam(s), maybe a bath (s) to make It I more comfortable and for "Inch I have Deen demed the pemut. These are all the thmgs that haPbemi, the best that I can remember them I am stIlI deCIdtng how bIg to de the addItJon but am CODSJdering makmg It the SIZe It ongmally \lould have been h1d I of not run mto the CIty pipe m the back yard whIch caused me to make smaller me back omt m the first place TIns CIty , sC\"er pIpe was so close to the foottng of the new basement as to comproID.1se the pipe, as It was made of old clay Tallong kth the CIty I found the old pIpe would be abandoned.. ~hen the new seller plpelwas Installed and I could fimsh butldmg the foundatIon I had set out to So rather iban waste all these dug out basement trenches. ~e filled them all WIth storm sdwer rock and added rock down to the stonn sewer opening so that if another bad ram bme then the storm sewer could back up tnto thesc under ground rock ftlled trench~s. protecttng the houses So. then, ~ hen I could not bwld tm the trenches I ~orked the buddIng I and resubnutted the nell plan to the bulldmg dept makmg sure to get It SIgned as appro~ed , on July 1-1-. 1998 SometJme after July 14~ the buddtng dept told me they would not appro' e of a 3rd UIllt bemg added to the butlding I assured hIm no 3rd umt ,,,ould be added But I also Informed thexb I had penmsslon from zomng to put the stove and SInk. bathroom and bedrooms back down m thb basement, at the evnense of m" Insumace I 't". co (They "ere there pnor to the flood waters dIstuctJon) AI Zcpper, dept head, sent me alletter of hIs dIsapproval on Aug 16th(?), but I dId not get the letter because It was certIfied and they would not put It In my mati box We ,,,ere ~eI) busy WIth ~'e project at the ume because my Insurance compan} saId 1f we were not done by the first week of September they \\-ere no longer ~ltgated to pay However I thought the ISSUC "as settled and I assume now, th~ thought theu letter would re:tffinn th.1t it \\asn't I rccencd the lcttcr somelme In late August to mIddle of September ,,,hen It n.as hand delnered by a Stillwater polIce officer I responded to tins letter mth a certrfied letter of my own Tlus year 'WIth the new stonn sewer pIpe put In, I proceeded to plan to dIg back up the basement trenches. usmg the east and ,,,est as planned and expandIng on the north trench to make the addItIon larger,onI} to find I \\-as deDled a pennlt Not onI) for the addItIon but for any \\-ork to be done mcludmg decks \\-wch must be added for safety and code adherence I have been through garbage (Deerpath Lot) and sewage back up (WIlklO House) On Deexpath I chose to make lemonade from lemons and buIld a house there (untIl the CIty offered me almost what I owned the property for, a faIr deCISIon and so I accepted.) The WIlkms house flooded 10 the basement level WIth sewage and the CIl) agreed and I agreed to let It be replace It as It was (A fatr dectsIon by zonmg-wlnch I tape recorded-and once agam I accepted. as It was to cost the CIty and I nothIng. as the msurance co was to pay all restoratIon) Now I am belOg deDled a building permIt, based on tins CIty decIsIon statIng that I should get a trIplex speCIal use permIt Why make the buildmg mto a trIplex now? Agam. I have never sued the CIty of StIllwater, the CIty has always done what IS nght Tlus SItuatIon 15 more unportant to me than the sewage. or garbage because It IS denYlOg me my basic nghts Forcmg me to change an agreed upon CIty plan and keepmg me from even puttIng up safety decks outsIde doorways that are 8 feet above the ground I appeal thIs deCISIon to the CIty counCIl, hopmg the CIty WIll 1O"estIgate tlus matter S1Ocerely, MarCIa KIlbourne 216 W WIlkm StIllwater. l'v!n , ,... 1- . 23 ::-- ( 4tJ:!., . . . . . March 9, 1998 the eXIstmg property lme, subject to a five-foot easement. Mr. Rhemberger accepted the amendment to lus motion Mr Weidner seconded the mobon, motion passed unanimously. Case No V/98-10 A vanance for relocabon and expansIon of a second resIdential unit on an 8,302 square foot lot (10,000 square feet required) m the RB Duplex Residenbal dJ.stnct at 216 W WIlkms St MarCIa Kdbourne, apphcant Ms Kdbourne was present. She objected to the condIbons of approval relatmg to gradmg/dramage She saId she was not doing any excavation of the lot. Mr Russell said that such a condIbon IS standard procedure If the apphcant is puttmg sod agamst the wall as shown m submItted plans. Mr. Russell suggested removmg condition of approval No.3, since It IS repetitIve, and addmg language "If gradmg IS proposed" to comhbon of approval No.5 Ms. KIlbourne explamed that due to water problems, the duplex urnt was moved from the basement, and a new urnt constructed behind the garage The basement wdl now be used as a famdy room. Mr Zoller asked why a vanance is reqmred. Mr Russell SaId a variance is needed since the request mvolves enlargmg/intensIfymg a non-confomung use, speCIfically mcreasing the duplex urnt from one to three bedrooms The main pomt of discussion centered on the fact that buddmg permits have been issued for the project Ms. KIlbourne stated that she had the permIts and was not told that a vanance was needed. Mr WelCmer said the only Issue for the Planmng CommISSIon to conSIder IS whether to allow expanSIon of a nonconfomung use. The Issue of the apphcant bemg granted bUIldmg permIts and not advised that a variance was reqwred IS an issue for the CIty Councd to deal WIth, he saId Mr Wald SaId the problem is not the apphcant's fault - she IS caught m the lll1ddle Mr. Zoller moved to approve case No V/98-10, ehmmatmg condItIOn of approval No 3 and addmg language "If grading IS proposed" to condition of approval No 5 (No 4); Mr Zoller said he was makmg lus motIon of approval based on the hardship created by the water problem and the fact that a duplex eXIsted before. Mr. Rhemberger seconded the motion MotIon passed 4-2, With Mr Weumer and ~. Fontaine voting no Case No V/98-11 A vanance request for reducbon of a dra1nage/utIhty easement to accommodate construcbon of a swunmmg pool in the rear yard of a smgle-family residence at 263 Pmendge Lane m the RA Smgle Famdy Residenbal DIStnCt. Todd and Knstine Wilson, apphcants. PLANNING APPLICATION REVIEW FORM CASE NO. V/98-10 . Planning Commission Date: March 4, 1998 Project Location: 216 \-Vest WIlkms Street Comprehensive Plan District: Two Fmmly ReSIdentIal Zoning District: RB Applicant's Name: MarcIa KIlbourne Type of Application: Vanance Project Description: The relocation and enlargement ofa second legal nonconformmg reSIdentIal umt to an area above the basement on the first and second level of the house Discussion: The eXIstmg sItuatIon is a nonconformmg condItIon and the new UnIt arrangement would remaIn nonconformmg The floor area for the UnIt wIll mcrease form 800 square feet to 920 square feet and from one bedroom to three bedrooms The total area of the eXIstIng structure WIll not change from what IS currently there The property has expenenced floodmg and SanItary sewer servIce problems m the past have been added to address those Issues CondItIons of approval . The parkmg A four-car parkmg area IS shown behInd the resIdence Four spaces would need to be provIded area should be Improved before the second UnIt IS occupied ~ Recommendation: Approval Conditions of Approval: 1 The dnveway and parkIng area shall be Improved WIth four mches of gravel before occupancy of the second UnIt 2 Before occupancy of the second umt, the resIdence shall be connected to the CIty sanItary sewer system as approved by the CIty engmeer. 3 The structural mtegrity of the basement wall shall be evaluated and approved by the BUIldIng OfficIal to accommodate and support any fill around the rear basement level f 4 BuIldmg permits shall not be Issued untIl a gradmg/drainage/ erOSIOn control plan IS approved by the CIty engmeer If gradmg IS proposed by the applIcant Attachment: Plans CPC Action on 3-9-98 +4-2 approval . .:)-~.../ / t:.U+ . ~ase No V qg -/6 Date Flied .,,;2 -/,;?-; Fee PaId ~ 7f) I CO Receipt No ~;:n-f. PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 _ Conditional or Special Use Permit $50/200 _ Design Review $25 _ Planned Unit Development* $500 ~ Vanance $70/200 _ Comprehensive Plan Amendment* $500 _ ZOning Amendment* $300 Subdlvision* $100+S50/Iot Resubdlvlslon $100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) . The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. PROPERTY IDENTIFICATION _ress of proJe~/? ?<J. tV /uu;..lS' . Assessor's Parcel Nopt/ 0 30.;2l? 3 ~/1f ~ ~,"g Dls!n,,! Descng,lIon of ProJ~ ;PI-IV) // L / A.C: /?:Ji;r r (' E //''-, HOV Ev 10 /(17]/:. /r I/O:J's E g/l.IE~/P.// "I//-f:ZJE //f/7ZJ ~b'. Tlt!J/f/AL L/(/ /P6- SPr;{!{( /=2)~ /RtJ/I/r "/ hereby state the foregoing statements and all data, information and eVidence submitted herewith In all respects, to the best of my know/edge and belIef, true and correct / further certIfy / will comply wIth the permit jf It is granted and used. " Property Owner ;t)/LU/!/l-j \.1 /ll("/lI/{?.IIAc;~epresentabve ;:::0. A, ~#/~/A- /1.. ~L/ftJt/./I/v Mailing Addres~h !;-o/l,-:- ,A/ErAt:J/f, Mailing Addressd6 ~j UJ/t.k~A/{.- Telephone No 7o?-: ~~/-I/h Telephone No ~50 2tPb(/yt;}.J Signature ",' / p/",;' --'.~.... Signature ~fi'/ /r/6c;'l~ ~ ! -.- 50z. 'T') ,. ~w T~ 0 9r'l SITE AND PROJECT DESCRI Lot Size (dimenSIons) Land Area _t of BUildings Inclpal ccessory x Stones Feet Total bUilding floor Area sq ft EXisting sq ft Proposed sq ft Paved ImpeIVlous Area sq ft Number of off street parking spaces provIded RevIsed 5/22/97 , 7 18 19~V2r_22 Z3 24 25 2!i 'ZT 28 29 30 150 - ~ IS (Qlio) 6 lS ~ (CC07) i (CC07) - - AVENUE 8 RJI\\ R:!O\\ RI9W 1:2.' ~ 14 13 12 11 10 9 8 7 8 5 4 3 2 (tIQ7~ (<1113) I'dhJ (lIllIq E (OIrS) : ~ ~ 17 18 Z3 24 25 2!i 'ZT 28 29 3D (Qfl&) ~ m.... R21W R2m' i (IlIlto1 i (0017) l!! 6 ttd<J 8 lCl (d;j (0120) " " lOo'I!.} " 7 8 2 1 · ~ ViClmty MaD 14 13 12 11 9 8 10"13) 101B) 4, 1Of.l" (dll i I e. e. 1040J Z 4 60 150 . 18 19 20 21 22 Z3 4 25 29 3D V\EST 'MLKlNS SlREF .I (<Ilia) 1O>'hJ 1O~11 '" lOao) Ill"" '" - ... ____-4"-__. '-::-:.1 150 1 21 :;; STREET Ii! 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Hun'll IClty of Sl11hoint~r Plannl'l5 CommlSIOrJCllY CouncIl S:llIwJter, Mn 55082 \: I am changmg the fXlstmg lower duple"( unIt from Its postlon :1' the lo\\oer to ll,e rear part oi t"e house I neeJ a var'ance becau..e the rear umt 'l\ze 1'1 larger I have \hown the old umt In chagram #1 and th... new um! In dlagt'dm #~ At the s'lme tIme I wanl te mc.orpomle the lower space mto !Ic1dltonal IIvmg space for the upper umt 10 c!logram #3 It IS attached to the upper umt by stal~ ]t WIll be updated and brought to code, and the plan reven.ed so the t:-edroom and rot the 11\'.ng area 1'1 at the walkout The ba'!ement IS made of limestone and Ihe house wal> budt In 1878 The cltllS domg research on the ..tOrM llewer capacIty whIch tendll to be o\'ernowmg In the area Should the plan be Jpproved, 1 propo\e , at my 0\\11 e'lpen'le, to enclose the no..... present "NalkC'ut .vtth l\ COlltly \\all, In nn ellort 10 mamtnm It from the present danger of stenn sewer noodmg In n:> way doe'! the proposed plan effect the landscapmg New landscapmg plans WIll probably be forthcommg aiter the clt} completes the current stu~ of the area toemg done by engmeenng The cmclosmg of the CUITe'll walkout Improves the CItIes chances of contatmng Its stonn ,ewer while lowenng Its repair costs accordmg to Klllyton Bldell, cIty engmeer. Smcerely, MarCIa Kllboume 216W Wllkm Stillwater. Mn 550S::! !"go I 0" W.dn....., tab..>> I' ./-J 1~ AlA ~ , ~ ~ , I : I I , ~, I I I I I e I - I I I . i _______ .. " ~ <> ~~ .. " I , I I ~I .. ~ I ~' :;;, r I 'dl.- , ::._.;' 'H '" . '- / oZ, , J ~ ! I I _ . L ~::._ L~:'''. , I I I\: I~I ~-- t--- II' .~ I ~~I --~-~-~ - - Ito- M''',>r1/1tl( II' 9".---- /Z' /" __ ZJo' (,: _ ______" /.N"h . I I t. , I , n/- 1/ / /" " / I - 'i I ". ---- --- - -;f - - - ;..-' , I /' ;- .~ ",...- ';,ltL- ~ '\ I " - - : I : I I ciS _ . I I I D7 - I. ; ;;,r,r; 7,- '_ I --- -~--- -1 , ~ I ~ '0 N ~ '::J... 1 , , I 1i~-'> ",..r.:J 'r~... ~'\:t: V) ~....~ I f ~ iP- :2:0 C.""N T -1 2.... ..1 $. -"':1 .~ -:s>c--; ~~ l?- --( -- 6':r I __""'zt: ~ d ~ ~ ~ '1 b '<< I 0. L li. , (j\ · l-ttfl " 0 ~- 'l I~~x CQ- % ~ , ~ 6" -t:.. .... .c iii" . iJ 1- , ~ IJJI .. I ~ I, -+~-- I "II , ~. J r. I c bi , ...... 0, l' r ~ x ~ . , ~ .() I .:t~ ~ I' " I Tl'd /s"",,, _ SWII;>Y NV7- -~. 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'----- C-- l-tl~~~-?~E'-:~=:=d~_;" I, 1- ~--==== _-ILL RO::))"15 Fl NISflE.D IN PL(\SIE.f- N.JO U\ HI . lJ u A l- i< o v r ~- . . -j' ~ etJ'tJ. ;;~ (0 ,.0' 4-'0'/ \ 4 25 Dtl~E!ll"'1I' p,..<4E:P (0141) ~ 83' ,2.' 41 41 I II loca tion Mlp l_ A to"''!' I J I . 0r- a .......... --..... '. LO ~ 29 3 ~ (0144 ; 2 28 10143) ; \ I , 1~ II' ( / <0 1'1 '2- ~; -;~ ., ':;. '-~ta 26\ ~.. .... ~... 10' \l1!7{ pi~ , ,,~ ~J ; ~ , , / / 1 II I I" 41 "" ~ ~ ~ ~ ~ F~orJr ~ ~ UN.r < ... e"St...l:/'J r oi Z FLOOR!. + e I\S....~..T L ~ !SIcOtJlltl(. ~L1 41 1 k'-ZIc;;, W,WILKlf'I (01(,," WILKIN ~1R.l:-Z=T CNE~I TO 30D W, WILKIN) 41 o ("') e R2IW R22W R2IW R20W Vicinlt Ma lli !.!J ~ 1" .::::r- o ..-- 2lI --Scar8InFoel ~ - ThIS draWUlglS Ihc lesult or a compilatIOn and I1lproducllon orland lecon:ls as dlCY appear Ul vanws WashUllllon County olTlCc, 111C dlaWU1g shouU be used lOr n:fi:n:nce PUlpOScs only Washllgton County IS not lesponsible fur any IllaCCU/aCICS Soun:e Washllglon Counl)' Sum:yor's Ollie Phone (612) 430-6875 Pan:eldalacufICntlluough January31,I99 I . c/iurc/i of tfie Int:.amatwn 3817 pfe.asant 5(venue Sout/i Mmneapo(is, Mmnesota 55409 822-2101 . DECEMBER 2, 1999 CITY COUNCIL CITY OF STILLWATER 216 N 4TH ST STILLWATER, MN 55082 TO WHOM IT MAY CONCERN. THIS LETTER OF INTENT IS TO NOTIFY THE CITY COUNCIL OF STILLWATER OF OUR WISHES TO OPEN A CHARITABLE GAMBLING SITE IN YOUR Crr'f. VVE WISH TO OPEN A SITE AT THE CAT BALLOU'S LOCATED AT 112 N. MAIN ST STILLWATER LAW REQUIRES THAT ANY OPERATION THAT HAS CHARITABLE GAMING IN STILLWATER DONATE A PORTION OF ITS NET PROCEEDS TO A CHARITY IN THE VALL~ VVE HAVE CHOSEN THE YOUTH SERVICE BUREAU LOCATED AT 101 W PINE ST IN STILLWATER VVE WILL DONATE 10% OF OUR NET PROCEEDS WITH THE REMAINING PROCEEDS FROM INCARNATION'S CHARITABLE GAMING, THOSE FUNDS GO TO HELP THE POOR IE. FOODSHELF, CLOTHING, ADOPT A FAMILY FOR CHRISTMAS, LOAVES AND FISHES, ST. VIN- CENT DEPAUL SOCIET'f, AND CHURCH MAINTENANCE IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL THANK YOU. SINCERELY; j ~ frMTIB~ GAMBLING MANAGER . \ Minnesota Lawful Gambling remises Permit Application - LG214 8ase # PP# Fee FOR BOARD USE ONLY Check # lnatlals Date Class of Permit Check one o Class A - $400 Pull-tabs, tJpboards, paddlewheels, raffles, bmgo g1 Class 8 - $250 Pull-tabs, tlpboards, paddlewheels, raffles o Class C - $200 81ngo only OR bmgo and pull-tabs when total gross receipts do not exceed $50,000 per year o Class 0 - $150 Raffles only Page 1 of 3 1/99 Organization Information Organization name (as It appears on documentation filed with Minnesota Secretary of State or Internal Revenue Service) , Base license number he. A - CJtJ /;, 37 Daytime phone number <6/& ) gdd-d/~I Gambling Premises Information Name of establishment where gambling will be conducted (! f} r /J 1-1-0 S / / d. If! /lJ/i 'Ill City & county where gambling premises IS located-OR- Township & county where gambling premises IS located If outside aty limits . ~ LL- 1 /6 )/J~II/IlkM. Is the premises located within City hmrts?Yes~ No 0 Street address (do not use a P O. box number) If No, IS township o Organized o Unorganized o Unincorporated Does your organization own the bUilding where the gambling will be conducted? DYes 181 No If no, attach (1) the appropriate lawful gambling lease form, and (2) the sketch of all leased areas With dimenSions and square footage clearly defined A lease and sketch are not required for class D applications Name of legal owner of premises Address City StatelZlp ~ 1/LL. p,/FJrE~ Address(es) of Storage Space of Gambling Equipment List all locations where used and unused gambling product IS stored Do not use-a PObox number. (Attach an additional sheet .f necessary ) Address Cdx StatelZlD .5. /}. SS'f~ .Questlons? Call the LicenSing Section of the Gambling Control Board at 651-639-4000 If you use a TTY, you can call the Board by usang the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639-4000 ThiS form Will be made available In alternative format (I e large pnnt, Braille) upon request Premises Permit Application - LG214 I Page 2 of 3 1/99 Bingo Occasions - for Class A or C Permits . If applYing for a class A or C permit. enter days and beginning/ending hours of bingo occasions (indicate A M or PM) No more than ten bingo occasions may be conducted per week An occasion must be at least one and one-half hours, not to exceed four hours ~ Beginning/Ending Hours ~ BeglnnlnglEndlng Hours ~ BeglnnlnglEndlng Hours to to to to Gambling Bank Account Information Bank name os8 Bank address to to to to to to Bank account number. / City .s · New organizations The account number may be obtained an ten days after you receIVe your premises permit ii~~~~~~ndP tJ~~ of ~e';;b~~-~~~~~d ~;i~~~~h;~~.f!O~ th~~~;lI!bli!19.~CC;u~~ -:~h;- ~.? ..orgaQlzatlon's' treasurer may not handle gambling funds. ~ _ _. - - -..:; =---;. - _i. - . - --- -.--.-.- -A<id~;.- -- - - : TIlIe- - . - -~......:. . Acknowledgment Gambling site authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commiSSioner of revenue or public safety or agents of the commissioners, may enter the premises to enforce the law Bank records Information The board IS authonzed to Inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law Organization license authorization I hereby authonze the Gambling Control Board to modify the class of organization license to be consistent With the class of permit being applied for f"(2~~ Signature of chief executive officer (De Ignee may not sign) Oath I declare that 1 I have read thiS application and all information submitted to the board IS true, accurate, and complete, 2 all other required information has been fully disclosed. 3 I am the chief executive officer of the organization, 4 I assume full responsibility for the fair and lawful operation of all actiVities to be conducted, 5 I Will famlllanze myself With the laws of Minnesota govemlng wful gambling and rules of the board and agree, If licensed, to abide by those laws and rules, Including amendments to them; 6. any changes In application Information Will be submitted to the board and local Unit of government Within ten days of the change, and 7. J understand that failure to proVide reqUired Information or proViding false or misleading Information may result In the denial or revocation of the license . J.1. I ~ / 99- . Date , Premises Permit Application - LG214 Page 3 of 3 1/99 Local Unit of Government Acknowledgment and Approval ~f~e ga!n~Ii~g premises is within city limits, the city "must sign this application and provide a resolution. On behalf of the City, I hereby acknowledge thiS application for lawful gambling activity at the premises located within the City'S Junsdlctlon, and that a Pnnt name of City resolutIon specifically approving or denYing the application will be forwarded to the applYing organIZation Signature of City personnel receiving application Title Date I I If the gambling premises is located In a township, both the cou~ and township must sign this application. T!1e.~~~ty mus~ provide a -:esolution. - ~. _'':'._ . _ "_ _ _ - ~ _" I";'" .__ For the townshlO On behalf of the township, I acknowledge that the organization IS applYing to conduct lawful gambling activity within the township Pnnt name of township limits A township has no statutory authonty to approve or deny an application (Mlnn Stat sec 349213, subd 2) Signature of township official acknowledging application . For the county On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's Junsdlctlon, and that a resolution specifically approving or denYing the application will be forwarded to the applYing organization The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be Involved In lawful gambling activities In Minnesota, and to assist the Board In conducting a background Investigation of you You have the I"ght to refuse to supply the information requested, however, If you refuse to supply this Information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to Issue you a premises permit If you supply the information requested, the Board Will be able to process your application This form may reqUire the disclosure of your Social Secunty number If so, your Social Secunty number Will be used to determine your compliance With the tax laws of Minnesota AuthOrization for requiring your Social Security number IS found at 42 U S C 405 (C}(I) Your name and address Will be public information when .recelved by the Board All the other information that you proVide Will be pnvate data about you until the Board Issues your premises permit When the Board Issues your Title Date I I Pnnt name of county Signature of county personnel receiving application Title Date I I premises permit, all of the information that you have proVided to the Board In the process of applYing for your premises permit Will become publiC except for your Social Secunty number, which remains pnvate Ifthe Board does not Issue you a premises permit, all the information you have provided In the process of applYing for a premises permit remains pnvate, With the exception of your name and address which Will remain public Pnvate data about you are available only to the follOWing Board members, staff of the Board whose work assignment reqUires that they have access to the Information, the Minnesota Department of Public Safety, the Minnesota Attorney General, the Minnesota Commissioners of Administration, Finance, and Revenue, the Minnesota Legislative Auditor, national and international gambltng regulatory agencies, anyone pursuant to court order; other individuals and agencies that are specifically authonzed by state or federal law to have access to the Information, IndiViduals and agencies for which law or legal order authonzes a new use or shanng of Information after thiS Notice was given; and anyone With your consent , I Premises Permit Application - LG214, Instructions 1 1/99 . Attachments 2 Lease and sketch. If the gambling premises IS leased, attach a copy of - the appropnate lawful gambling lease form, and · the sketch of all leased areas with dimensions and square footage clearly defined Lease forms LG221 - Lease for pull-tab, paddlewheels, tlpboard, and/or raffle activity LG222 - Lease for bIngo activity LG223 - Lease for pull-tab dispensing device actIvity Permit Fee. For each premises permit applicatIon, attach a separate check, payable to the State of Minnesota, for the appropriate permIt fee Class A - $400 Class B - $250 Class C - $200 Class 0 - $150 Resolution of Approval. . The premIses permit application must be approved by the local Unit of government (CIty or county) Attach a copy of the resolution which shows approval of your application - If the local unrt of government denies your applicatIon, do not submIt the application to the Gambling Control Board 3 . Where to mail your application Mall your completed application with the attachments to Gambling Control Board SUite 300 South 1711 West County Road B Rosevllle, MN 55113 Processing Allow ten weeks for processing the application Your organization's chIef executive officer will be contacted In wntlng regardIng any mIssing Information Term of permit The expIration date of a premises permIt IS the same as the expiration date of your organrzatIon's license. Local ordinances Check With the local Unit of government (City or county) regarding local ordinances, if any, that apply to lawful gambling Local ordinances may be more restnctlVe than statute or rule . Minnesota Lawful Gambling Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal Owner of Prermses Street Address City ZIp Daytime Phone ~AJ /IJ,m~w ~71uaJ..9-JEt .s~tJJ',d< Sl ) ~~ Name of Lessor Street Address City ZIp Daytime Phone (If same as legal owner, wnte In "SAMEj ~~rnE Name of Leased Premises ~19- , ( ) Daytime Phone , ..s Name of Lessee (name of organization Ieasang the premises) III Street Address Rent Information - Total rent cannot exceed $1,000 per month for all non-bingo activity for thiS premises · For bingo activity, use lease form LG222 · For pull-tab dispensing machines, use lease form LG223 - An organIZation may not pay rent to Itself or to any of Its affiliates for space used for the conduct of lawful gambling Rent to be paid per month $ 6tJ~ I 0 tJ (If no rent IS to be paid. Indlcate-o-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at thiS premises, attach a sketch (drawing) shOWing (1) the leased area{s), and (2) the dimenSions For Premises Penult Renewal Applications Only: Jf no changes have been made at the Site, you do not have to complete "this aecbon or provide a sketch. Dimensions 5 . The leased areas are feet by ~ feet for a total of feet by feet for a total of feet by feet for a total of Storage feet by feet for a total of Storage feet by feet for a total of Combined total .3 tJ square feet square feet. square feet square feet square feet ~CJ square feet Lawful Gambling Activity Type of gambling actiVity that Will be conducted at thiS gambling premises Check all that apply L Paddlewheels V" Pull-Tabs ~Raffles ~Tipboards Term of Lease Amended Lease Only The term of thiS lease agreement Will be concurrent With If thiS IS an amended lease shOWing changes occur- the premises permit ISSUed by the Gambling Control nng dunng the term of the current premises permit, Board, unless terminated sooner by mutual consent of wnte In the date that the changes will be effective the lessor and lessee ----1----1-, Both parties that Signed the lease must Initial and date all changes Questions on thiS form should be directed to the LicenSing . Section of the Gambling Control Board (Board) at 651-639- 4000 ThiS publication Will be made available In alternatIVe format (I e large pnnt, Braille) upon request Heanng Impaired indiViduals uSing a TTY may call the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-6394000 The Information requested on thiS form Will become public Information when receIVed by the Board, and Will be used to determine your compliance WIth Minnesota statutes and rules governing lawful gambling actIVities Page 1 of2 1/99 Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 I LESSOR PROHIBITIONS I agents are found to be solely 4 The lessor shall not modify or responsible for any Illegal gambling tennlnate thiS lease In whole or In part conducted at that site that IS due to the lessor's violation of the. prohibIted by Minnesota Rules, part proVISions hsted on this lease 7861 0050, subpart 1, or Minnesota Statutes, section 609 75, unless the Arbitration Process organization's agents responsible for The lessor agrees to arbitration when a the Illegal gambling activity are also violation of these lease provIsions IS agents or employees of the lessor alleged The arbitrator shall be the CRG 4 The lessor shall not modify or I I tennlnate the lease In whole or In part ACCESS TO PERMITTED PREMISES because the organIZation reported to . a state or local law enforcement State of Minnesota and Law authonty or the board the occurrence Enforcement atthe site of Illegal gambling actIVIty The board and ItS agents, the In which the organization did not commissioners of revenue and public participate safety and their agents, and law Other Prohibitions enforcement personnel have access to the permItted premIses at any 1 The lessorwllI not Impose restnctlons reasonable time dUring the bUSiness on the organization With respect to hours of the lessor providers (dlstnbutors) of gambllng- related equipment and services or In Organization the use of net profIts for lawful The organization has access to the purposes. pennltted premises dunng any time 2 The lessor, the lessor's Immediate reasonable and when necessary for the family, and any agents or employees conduct of lawful gambling on the of the lessor will not require the premises organization to perfonn any action I I that would Violate statute or rule LESSOR RECORDS MAINTAINED 3 If there IS a dispute as to whether any The lessor shall maintain a record of all fth I h b money receIVed from the organization, o ese ease provIsions ave een and make the record available to the VIolated, the lease WID remaan In effect pending a final detennlnatlon by the board and Its agents, the commiSSioners Compliance ReView Group (eRG) of of revenue and pUblic safety and their the Gambling Control Board agents upon demand The record shall be maintained for a penod of 3-1/2 years Management of Gambling Prohibited The owner of the premises or the lessor Will not manage the conduct of gambling at the premises Participation as Players Prohibited The lessor, the lessor's Immediate family, and any agents or gambling employees of the lessor will not partiCIpate as players In the conduct of lawful gambling on the premises lllegal Gambling 1 The lessor IS aware ofthe prohibition against Illegal gambling In Minnesota Statutes, section 609 75, and the penalties for Illegal gambling Violations In Minnesota Rules, part 7861 0050, subpart 3 2 To the best of the lessor's knowledge. the lessor affirms that any and all games or deVices located on the premises are not being used, and are not capable of beang used, In a manner that Violates the prohibitions against Illegal gambling In MInnesota Statutes, section 609 75, and the penalties for Illegal gambling Violations In Minnesota Rules, part 7861 0050, subpart 3 3 Notwithstanding Minnesota Rules, part 7861 0050, subp 3, an organization must continue making rent payments, pursuant to the tenns of the lease, If the organization or Its , . OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained In or attached to thiS lease (Attach additional sheets If necessary Any attachments to thiS lease must be dated and Signed by both the lessor and the lessee) '/ J-6 Eb" ThiS lease IS the total and only agreement between the lessor and the organIZation conducting lawful gambling actiVities other than bingo and pull-tab dIspenSing deVices There IS no other agreement and no other conSIderation reqUired between the parties as to the lawful gambling and other matters related to thiS lease Any changes In thIS lease WIll be submitted to the Gambling Control oard ten days pnor to the effective date of the change ~f!f- \ Signature of Lessor /Sr/'\.. . Ol,V ~\.-e CE.o Page 2 of2 1/99 , E ;J-rel9"J~E .~ ~ - \.- cs::. ~ ~ ~ ~ \ \ \ - \ \ \ \- ~ ~ ~ , \/) I\() ~ ~ ~ ....\ . \~ ~ ~ -.J \i1 ~ ~ _V) ~ :. .::s ...... ~- ~ 't ~ ~ -l~\~ ~ -\ ,..... \co -''0: ~ 't - ~ ~~.J \-. ...J ~ \::: ~ ........ \() ~ .......... ---- V\ ~ \-- c;;::) ~ ~ 0- .....-;a... ($... '< .n c.. ~ ~ g).. r. . . MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND COUNCIL MORLI WELDON, CITY CLERK DOWNTOWN PARKING COMMISSION APPOINTMENT 12/01/99 SectIon 22-8 of the CIty Code states no person shall be elIgIble to serve on more than one board or COIllIIllSSIon at the same tIme Due to the recent appomtment of Karl Ranum to the Planmng CommissIOn, a vacancy now exists for the remaimng portIon of his term on the Downtown Parking COlIlIDlssIon, to expIre January 1, 2001 The vacancy has been advertised as reqwred by the City Charter Applications have been receIved from the following Mike Schumann TraditIons RIck CrevelIng (alternate choIce) 709 Nightingale Blvd Action requested: Resolution appomtmg member to fill partial term. to expIre January 1,2001 - \ . . . 11 <23/99 MHG~USON ~AW F!RM ~ 4:0B809 "10.854 1ill22 14.53 MAG..'WSONLAWF1&~ UCISSEO IN MIN'NItSO'tA AN'P YtlSCONSI:\ llf6 DBSC'll OFI'ICE BUJLD!l'vO 333 No'CfK MAlN S""Wt . SU'.ni #202 · PO 80x 438 . STll.LWAr!M, MN !H08! TS..EI''tON6 {6S1J 439-9464 . T&LJcOFJill. (651J 43ll-5641 D.-WID r MAGNUS01>4 RIClWlD D. AU.EN MEMOR-\.~DUM TO: MtJrb Weldon, Clt:/ Clerk David T. Magnuson ~ Novomber 23, 1999 FROM: DATE. RE Request ofU S West for Conveyance of Easenent U S. West has asked for an easement over a portion of Outlot C for the placement and operatlon of\clephonc system apparatus ThlS needs the approval of the City Council I Wlll check WIth the Water Department to ensuTe that theU'recommendation IS rece.ved 10 your office prior to the packets being mailed out Iwv cc: S~cve Russell I BOARD OF WATER COMMISSIONERS 204 North ThIrd Street P.O. Box 242 I Stillwater, MN 55082-0242 Phone 651-439.6231 FAX 651-~.4bs1 I November 24, 1999 David Mapuaoo City Attomey 2164th St N. Stillwater MIl 55082 Dear David: Rcprdina your letter ofNovembcr 23, 1999 about a US West easement on OUtlot C of our Well # Illite, after reviewing this matter with Verne J~ ofTKDA Engineering, the Board of Water CommisBioocrs does DOt haw a problem with the IJ!'IIlIh1s of this easement I I We do not forcscc any interference or aJIlfJict with our use of1bc site Smceraly, ~~ 'im~ MuapI' " J . . . I \ . R/W# EASEMENT AGREEMENT The undersigned Grantor(s) for and In conslderahon of One and no/l00 Dollars ($1 00) and other good and valuable conslderahon, the receipt whereof is hereby acknowledged, do hereby grant and convey unto U S WEST Communications, Inc., a Colorado corporation, heremafter referred to as "Grantee", whose address IS 700 West Mmeral Avenue, Room IAC8.18, Littleton, CO 80120, Its successors, asSigns, lessees, hcensees and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, mamtaln and remove such telecommumcations facllltles, electncal facilIties and gas faclllues, and appurtenances, from bIDe to hme, as Grantee may reqUIre upon, over. under and across the followmg descnbed land sItuated In the County of Waslungton, State of Mmnesota, winch the Grantor owns or m winch the Grantor has any interest, to WIt SEE EXHIBIT A A IT ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF ' Grantor further conveys to Grcllltee the followmg mCldental rights . (1) A temporary flght-of-way to be used dwmg all perIods of construchon, reconstructIon, remforcement, repaIr and removal upon a strip ofland 5 00 feet WIde on the North Side of, and a stnp of land 5 00 feet Wide on the South Side of slUd easement (2) The nght of mgress and egress over and across the lands of Grantor to and from the above-descnbed property and the rIght to clear and keep cleared all trees and other obstructiOns as may be necessary for the Grantee's use and enjoyment of the easement area Grantee shall mdemmfy Grantor for all damage caused to Grantor as a result of Grantee's neghgent exercise of the rIghts and pnvlleges herem granted, Grantee shall have no responslblhty for pre- eXlshng environmental contanunahon or hablllhes Grantor reserves the rIght to occupy, use and cultivate SlUd easement for all purposes not mconslstent With the rIghts herem granted Grantor covenants that he/she/they IS tare the fee sunple owner of said land or m which the Grantor has any 11lterest and wIll warrant and defend title to the land against all claims Grantor helcby cownants that no excavation, buddmg, structure or obstruction wlll be constructed, erected, budt or penmtted on sllJd em-ement area and no change Will be made by gradmg or otherwIse to the surface or subsurface of the easement area or to the ground Immediately adjacent to the easement area 1 he rIghts, conditions and prOVIsions of tins easement shall mure to the benefit of and be bmdmg upon the heirs, executors, adnu1l1strators, successors and assigns of the respective parties hereto. . , I Any claim, controversy or dispute arlsmg out of thiS Agreement shall be settled by arbltrauon m accordance With the applIcable rules of the American ArbltraUon Associauon, and Judgment upon the award rendered by the arbitrator may be entered In any court havmg Jurisdiction thereof. The arbitration shall be conducted In the county where the property is located . Dated thiS _ day of ,1999 ThiS mstrument was drafted by Grantor (s) North Star Land Services Company 2277 West Hwy 36, SUite 306E St Paul, fvlN 55113 The City of Sullwater By Its ACKNOWLEDGMENT ,I, STATE OF MINNESOTA ) ) ss COUNTY OF ) 'flus UlStrument was acknowledged before me tins _ day of , 1999 by the ,of The City ofSullwater, a muniCipal corporation under the laws ofMmnesota, on behalf of the . corporatIon Notary PublIc RlW# Exchange Stillwater 1/4 Section ~ Job # CW0292 County Washln,:ton Section 30 Townsmp..J!L. Range 20 . , , . . . EXHIBIT A PROPERTY DESClUPTION: (Abstract) Outlot C, Liberty on the Lake 2nd Addition. EASEMENT DESCIUPTION: Except for the right of access, Grantee's easement rights shall be limited to the following described parcel: Beginning at the Northwest comer of Outlot C, Liberty on the Lake 2nd Addition; thence South along the West line of said Outlot C a distance of25.00 feet; thence East at a right angle a distance of30.00 feet; thence North at a right angle a distance of 10.00 feet; thence West at a right angle a distance of24.00 feet; thence North at a right angle and running to the North line of said Outlot C; thence ,West along said North line to the Point of Beginning, and there terminating. ~ . . . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Civil Engineer DATE: December 2, 1999 RE: Middle St. Croix WMO .- . DISCUSSION: For the last 2-112 years I have served as the city representative on the Middle St. Croix Watershed Management Organization (MSCWMO) board. However, during last year's Legislation, a new law was passed that stated no member on the board of the Watershed Management Organization shall be a salaried employee from the City in which they represent. Board members should be an appomted citizen from the city they represent: This law goes into effect started January 1,2000. RECOMMENDATION: In order to fill the vacancy, it is recommended that a notice be placed in the local newspapers for interest in the position. ACTI9N REOUlRED: No council action IS needed. This is for your information on the happenings of the Middle St. Croix WMO. r " . . . DATE: November 23,1999 TO: Stillwater CIty Council (Councilman Eric Thole) FROM: Residents on Orwell Court North, Stillwater, MN RE: ResIdence of Mr & Mrs Carl Berwald, 2248 Orwell Court North, Stillwater, MN SUBJECT: Request for invesbgabon of existing covenants, and codes regarding erection of non-attached storage fac1libes and property owners compliance with building permit regula- bons We, the resIdents on Orwell Court, request an invesbgation be done of eXIStIng covenants, and codes regardmg erecbon of non-attached storage facilities and property owners compliance WIth buildmg permit regulations Further, we request that the silver plasbc storage tent on the property, erected by them, or, on their behaH, be removed immediately, or if It IS deemed a temporcuy structure, that It be removed by a specihc date established by the Sbllwater CIty Planning Department. ThIS plastic tarp, akm to a quonset hut, is approxunately 20 x 40 and 14 feet high ThIs struc- ture is inappropriate m our neighborhood for the following reasons' . It is an eyesore that cheapens the neIghborhood's appearance and lowers property values, . It detracts from the natural, wooded and picturesque setting, . It obscures the view of the St. Croix River for some of our residents, . It sets a precedent for uncontrolled and haphazard construction of out-buildmgs withm the city lImits We also request that the grey, wooden ba..'"I1-style storage structure, that is approximately 12 x 24 and 14 feet high, be moved back onto it's original foundation where it was buIlt approxunately three years ago. In addItion, we ask for a review of the building permit and variances that were issued at that time 2Z/{~ oltlMH I?-i ~ 7o-r- ~ / <7?77/-z~,.A~J "2 -2--7:76 Aa b~ OctufU. CT. a.a6~ 6~""hL<'r.~,~ 2J~1 (i ~ 2.1 () , FYI lAague of ,\1mnesota Gt,es C,iles promotmg e",cgllencg I 145 Cniverslty Avenue West, St. p~ul, MN 55103-2044 phone (651) 281-1200 · (800) 925-1122 I Fax (651) 281-1299 · TDD (651) 281-1290 Web Site. www Imnc org November 30, 1999 Dear Experienced City Official. I'm writing to you With thiS special invitation to attend LMC's upcohllng Leadership Conference for Experienced Officialsl If you've attended LMC's Conference for Newly Elected Officials I in the past, thiS conference IS for youl It's a ternfic two-day opportunity to participate In advanced training with the experienced offiCial In mind This year, Carl Neu, acclaimed keynoter for LMC's Conference for Newly Elected OffiCIals, will be the featured presenter, With a conference focus on Strategic Decision Making If you've enjoyed Carl In the past, you won't want to miss hiS presentations to offiCials who have experience behind them. . ThiS year, the two-day conference will be presented in 2 Minnesota cltles- Bloomington, January 7-8, and Grand Rapids, January 28-29. ' The LeadershIp Conference for Expenenced Officials will be presented concurrently With LMC's Conference for Newly Elected Officials-on the same weekends and at the same sites But the conference will have Its own agenda and plenty of time with keynoter Carl Neu I I hope one of the conference weekends will work for you-the LeadershIp Conference for Experienced Officials is an opportUnity not to be missedl Enclosed are materials you'll need to register for the Leadership Conference for Experienced Officials' Conference and to make hotel arrangeme~ts. Included are: . 2000 Leadership Conference for Experienced Officials flyerlagenda . 2000 Leadership Conference for Experienced Officials Registration Form . Housing Reservation Form-choose the weekend that will work best for you I'm looking forward to seeing you at the Leadership Conference for Experienced Officials I . Sincerely, '}ptlt I ,:/ -'J Jodie Tooley, Manaber Conferences and Training AI'< bQUAL OPPORTUNITY/AHIRMATIVE ACTION bMPLOYER , ~~ 4- eM ~ 1M ~ eittf ~... . Leadership Conference for Experienced Officials ~e4- dad, 4~ ~I ~ 1teee 7~~, ~. '1teee4- ~ ~ a ..S~ Z)~~" Dates and Locations January 7-8,2000 Rad,ssoll Hotel South & Plaza 'Tower; Bloollllngton . January 28-29, 2000 Rtlttger's Sugar LAke Lodge, Grand Rapuls Friday 2pm 300 Regtstratlon The Big PIcture for Veteran Officials Dmner and Recogmnon of Leaders Government as a Team Agenda Saturday 8am 815 12 Noon Host Mayor Welcome Strategic DeclSlon MakIng Adjourn 600 700 Registration Fee and to Register $140 For a reglstranon fornl speak with your City clerk or call the LMC fax hbrary at (651) 215-4039 For More Information Contact Jodie Tooley, Cathy Dovidio or Rebecca Enckson at (800) 925-1122 or (651) 281-1200 . , . . . Name' TItle Address. CIty. State LMC Conference Registration 2000 Conference For Newly Elected Officials 2000 Leadership Conference For I Experienced I Officials Name: TItle: Address. CIty: ZIp State: ZIP: Contact Person' Contact Person: Day Phone #. Day Phone #. Registration Fee Advance RegIstration On-SIte $210 $240 Registration Fee Advance RegIStration On-SIte I Check the box of the location and date for which you are registering ! o o January 7/8 Rachsson Hotel South & Plaza Tower, Bloormngton January 28/29 Ruttger's Sugar Lake Lodge, Grand RapIds Registration cancellation policy J All requests for cancellation must be In wrIting, postmarked one week imor to the scheduled meeting, and are subject to a $50 cancellation fee. : I I Special needs I If you are chsabled and requIre specIal seI'Vlces, or if you have specIal chetary needs, please attach a written deSCription to tlus regIStration form. ! Send check and completed fonn to Cathy Dovlcho, LMC, 145 Umverslty Avenue, St. Paul, MN 55103 Phone (651) 281-1250 Fax. (651) 281-1296 $140 $160 LMC 2000 CONFERENCE FOR NEWLY ELECTED OFFICIALS &: LEADERSHIP CONFERENCE FOR ExPERIENCED OFFICIALS RADISSON HOTEL SOUTH, BLOOMINGTON HOUSING FORM , Name: . Representing: Address: City/State/Zip: Please specifY: $89 + tax smgle/double Cut-off date is Dec. 28. I will amve after 6 00 P m Please guarantee the reservation with: Check In Time: 3:00 p.m. Check Out Time: 12:00 p.m. Phone: L-J Mail to: Reservanons Radtsson Hotel South & Plaza Tower 7800 Normandale Blvd Mmneapohs MN 55439-3415 Crecht Card Number and Explranon Date Month/Day/Year Amval Amval Time Month/Day/Year DepartUre Phone: 612/835-7800 LMC 2000 CONFERENCE FOR NEWLY ELECTED OFFICIALS &: LEADERSHIP CONFERENCE FOR ExpERIENCED OFFICIALS RUTTGER'S SUGAR LAKE LoDGE, GRAND RAPms HOUSING FORM . Name: Representing: Address: City/State/Zip: Please specifY: $89 + tax-studlO vIlla Cut-off date is Dec. 28. $189 + tax-two-bedroom villa Check In Time: 4:00 p.m. Check Out Time: 11:00 p.m. Ruttger's Sugar Lake Lodge requires an INDIVIDUAL ADVANCE DEPOSIT at the Ume of reservaUon Phone: L-J Mail to: Reservauons Ruttger's Sugar Lake Lodge POBox 847 Grand Rapids, MN 55744-0847 . Credit Card Number and Explranon Date Month/Day/Year Amval Amval Time Month/Day /Y ear Departure Phone: (800) 450-4555 , . Radisson. HOTEL SOUTH & PLAZA TOWER . A N 4D BLOOMINGTON Directions: From 1-494 take Highway 100 North, I exit at Industrial Boulevard/77th Street and go west two blocks. . Rut~er'e Sugar LAb ~e ,,, Me'tlsd in thtl ecenlc Mlnne.~ northwoo41 and I"kes r~lon nC'8r Grand RapltAe All'lIne eervlcee are conveniently locaUd I.. the following c/tler. MpI".-St.. Paul (:3.~ hour drive). Duluth (1.~ hour .nve). Hlbl:lIM~ (45 minute drive). and; Grsnd RapIds (15 mlnut<l drive) ~ ..,., . .. Q !: Q co ;. t c ~ ~ :: To 0. MoInClII I , . , NDr'th Grand Rap'ids 4!;/} ~ ~ ..~ $ ,449 Co ~ 11 ($u~r l.9k~ ~ ) From Hwy 169. 7 miles south of Grand Rapids. take Co Rd 17 to the second junction of #A49 (S miles) Take #449 to the entrance (1 mile) or From Hwy 2, 1/2 mile west of Grand Rapids. take Co Rd 63 to Co Rd 17 (4 miles), then Co Rd 17 to #449 (7 miles) Toke '#449 to the entrance (1 mile) . , 184' "" WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH STILLWATER, MINNESOTA 55082-9573 651-430-4300 FacsImile Machine 651-430-4350 I Donald~~<;J D~j~~~~~:e, JoIln P PerkcVlcll Oeouty Clree-cr Panes & Fachbes CIVlSlon ~E5aUIC[JlTEft"Jll -Asioa~ colJll11J ~ YEARsOrPioGms 8' SBYJUr Douglas W F,scl'er P E Celluty C.ree-or TranSllOlt8UCn CIVlSlon Lany S Nybeck PLS-County S~lVeyor Acung Celluty Clree-cr Lane Mana;eme.,lI Land Survey CIVlslon November 24, 1999 FYI 30 Mr Todd Clarkowskl, P E Minnesota Department of Transportation 1500 West County Road B2 Rosevllle, Minnesota 55113 St. Croix River Crossing Layout Review - Plans dated September 1999 I Dear Todd . We have revIewed the layouts you provided dated September 1999 We are very encouraged to see the "interchange concept" and strongly recommend you pursue this option. As we stated in our August 31, 1999 letter to you, we believe an interchange concept Will bett~r serve thiS area. It addresses traffic safety and operatJonallssues very well, while stili prOViding a high level of access to the area Both Osgood Avenue (CSAH 24) and Greeley Street (CR 66)/Oakgreen Avenue (proposed future CSAH) connect the communities In the area. We feel the proposed TH 36 access ramps and frontage road system will serve thiS part of the county highway system adequately. The improved operations on Osgood Avenue and Greeley/Oakgreen are a great benefit to the flow of traffic In the area ! I We stili have major reservatJons about the "slx-Iane/at-grade Intersection concept." It IS not condUCive to a pedestnan wanting to cross TH 36 Pedestnans would have to cross at least nine lanes of traffic We are also concerned about the traffic operations and the delays that will be Incurred by the Side street traffic The "slx-Iane/at-grade Intersection concept" you prOVided does now Include the set back frontage roads at Osgood Avenue. It IS essential to prOVide set back frontage roads for traffic safety and better operations While you do not show the frontage road connection on the north Side of TH 36 at 62"d Street, thiS separation from the TH 36 Intersection IS much better than leaVing the frontage roads where they are today. It IS unfortunate that there IS no solution to thiS problem at the Washington/Norell Avenue intersection. r . As we Indicated In our August 31, 1999 letter, the eXisting frontage road east of Osgood that prOVides a connection to the Government Center IS not necessary If an access for our Shenffs emergency response can be developed onto 6200 Street. Since the plan IS shOWing no connection of the frontage road east of Osgood, it IS necessary that the coordination With Oak Park Heights for thiS access onto 62"d Street be coordinated With the plan Mr Todd Clarkowskl, P.E. St CroIx River Crossing Layout Review November 24, 1999 Page 2 We have not received any reaction from you regarding our pOints we raised In our August 31, 1999 letter. We need to better understand your current schedule and deCISion-making pOints for this project In order to plan for our future projects Continued coordination between the state and county on this project IS essential If you would like to diSCUSS anything further, please contact me at 430-4330 Sincerely, ~XC~~~ Sandra K Cullen. P.E. Transportation Engineer c Commissioner Abrahamson City of Oak Park Heights City of Stillwater City of Bayport Baytown Township Congressman Luther , . . . , . . . 11/19/9S 15:47 MAGr-LSON Let.! FIRM -+ 43088129 t-,0.838 1il02 l\1AGNUSONLAWFIRM LICENSED IN MlNNBSOTA Amt WISCONSIN TIfi DISC;R OFfICI BUI~DINO 3~3 'NOl\'T't MAIN SnEET . S1JJTS ':ZC;Z . po. SOX 438 . STlLLW/i[i;l!., MN ~S08Z nU'I'J)lo.8 (6Sl) 439.9464 . nLIICOPIB. (651) 43iMtI41 D4V1D T. PfIACN\;SO:"l RlCAAQ D. ALLEN MEMORANDUl\f TO' Jay Kunble, Mayor Morli Weldon. Clerk David T. Mag:1uson l1f\V'^' v' November 19, 1999 FROM: DATE. RE: CIty v Larson, et aI, Enclosed is the copy of the Report of Commissioners with regard to Lhe Rebert Larson cond~mnatJl,)n. This result is favorable to the City smce it represents the mnount ~f damages in the amcunt of the opimon of the City's Appraiser, Raymond Kirchner. Sr, I I Will keep everyone mfonned if there lS an a.ppeal to the DIstrict Court : /v"v 1~ _9/S= 15 <17 MHG'lJSm~ L;t. ~. R/'1 ~ 43383e:. NO 8;;8 STATE OF MlNNESOT A DISTR1CT COURT (OUNTY OF WASHINGTON rENTIi JUDIClAL DISTRICT Case T>pe Condemnatlon DJstrtct Court t lie '1\0 CS-98-3829 ell)' of Sldlw~t~, P':=11 tlclilcr, V'i REPORT Of' CO~~ISSIONERS Robert j Larson {lnd Jean H larson. blbband 4nd wlfe. and James R. Huntsman and Zenitn Ann~tte Htmtsman, husband and wsfe. and Was)llngton Count~, 11 Mmncsola Pohtical Subdivision, Rcspond~nts .---~---._----------------_._-----~------.------ I~ THE MATTER OF THE CO~DEMNATIOS BY rHE CITY OF STILL WATER OF CERT AI:" REAL PROPERTV IN THE TOWN or STILLWATER FOlt THF. Pl'RPOSE OF CONSTRUCT10N AND MAlNl'T."iANCE OF." CITY P-\.RK TOTHEABOVf. ~AMED The underSigned ~01inl)S!lone(s ll.ppolOttd by t1u:> Court In th~ an"" ~ tnt1t:ed aC11(\:I b~ Order of the Court d"leJ Octo~r 6, }.)98 do h~Teby r::jXlrt as fOllow~. 1 That we met at the t1111~ 31"a. pJdce appoinfed b~ tl':t~ Court :ma ~'\eralJy took the oath pr~$cnbed b) '3\" 11. T~[ at:CI w~ ga..~ written notlc~ ~\J :hc re...pondents. \he thc::n viewed th~ prer.:l~s de!lcribed In the P.;:t1110n V)'\)n \\T1tten notice bemg ghcn to the pt.'t"son'i l'ltere..ted '-"co Itclc ~133 , . . . I . . . 11/19/~ MAG.~SON LI:la: FIRM ~ 4308al29 1-00.838 ~B4 15:47 public bearmas at the Stillwater City HalJ. Mimlaota, aud heard !be persons imerested who appelnd and asked to be ht:ard. m. I We have appraised the wlue of the lands so proposed to be takeD and the damages SIJ$f~med by the RespoDdcnu, Robert J. Lanou aDd JOIA H. Larson, by reason of, a total takmg thereoc. .and thl same are as follows: Condern.,.tiOQ Parcel No. 1 ~ Parcel) ~9unt lAterested PanlCl R.obert J. Larson and Jeaa H. Larson husboncl and Wl1~ ) ) ) ) s 17 boo.. ~ ", Appraisal Fee: Total Award: S 5()().!!. S 11,.5~. ~ IV. We Nnber report that in the perfOt'll1lDce of our duties as conmulSioncrs we were oa;upJed to!' several days 8Dd iDcwred mileage expense. See attached vouc::bcrs: for mcbvidual , claims. Dated this ~y ofNovem~t 1999. ~ ~. ,,-;-- J.i,. / I M T. Keena, Co . ssioner ~rt~ Kun Remington. ~Dl1S!ioner ., 11/19/95 M~G~_SON L~ F:RM ~ 4308809 NO 8'38 1~ 47 MAGNUSON LAW FIRM LIC!NS!P IN ~lNN!SOTA A.~D WISCONSIN TIf! D&sC"l OPl'1CE Bt.I'!.PNO 333 NopmM.\lltlSTR11T - SlIi=_,O.. P 0 3o~ 438 -S'.llwllter, MJ'\I 5S082 ':'tI.IP"ONl!' VIS 1) 4311~ . FAX (6S I) 4J9-5641 DA'llJD T. MAGNllSON RICHARD D. ALLE.l\I F ACSIMlLE COVER SHEET DATE: No...ember 19,1999 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 4 TO Jay Kimble, Mayor )torU Weldon, Clerk FAX}I;O' 430-8809 430-8809 FROM: Davie T Magnuson SPECIAL REMARKS If you dId nOl receIVe all pages, please contf'.ct Wendy at 6511439-9464. The ~nJomu.ltion conlamed m this facsfl1u/e message ~s attonzey prIVileged and c.onjiderwai mformalJon ir.tendedfor tne use of the rnd~vidual 01' em:ty named above, Iflhe retJder of this message IS not the lntend~d recIpient, or the employee or agent responsIble to dellver it to the lnrendl4d redpient. )OU are hereby r..otified that any dlSSemmatT!m. d,stributloll or c~pying a/th,s COmrnUll1Cat'OI'lIS s/nctly prohibited If you have received thzsfax IJ'f error. please lmmediatel) ntJtW ta by teleplwne. and ..eturn me ongJnal me$$age to ~.t at the above address 1-la tile US Postal Serwce. We will be respon.Slb!efor postage costs ~el j . . . I . . . 7079 MId Oaks Ave N StIllwater, MN 55082 (651) 439-9760 Novemb~r 21, 1999 To Mayor Jay Kunble StIllwater CIty CouncIl Members StIllwater Plannmg CormmssIOn Members Ladles and Gentlemen, It appears to me that there IS sIgmficant OpposItIOn to an expanded tree ordmance The proposed change In polIcy apparently has part of the populatIon hIghly concerned I assume many of those opposmg the ordmance fall to see what events and presumed consequences motIvated the councIl to as~ for thIS expanded tree protectIon ordmance I know that IS my sItuatIon Smce I do not get the Gazette, perhaps I mIssed the explanatIons of why we need the ordmance I am sure the CIty councIl must IUlve had good reasons for askmg that an expanded tree ordmance be drafted, and I hope you can help me understand what those reasons were In VIrtually every book or artIcle I have read on managmg change, the fIrSt pnnclple of effectIvely managmg change IS to make sure everyone mvolved understands why the change IS necessary WIthout I such communicatIon, change IS usually reSIsted I would suggest that practIcally all publIc polIcy mltlatIves that receIve WIdespread acceptance from the populace do so because the publIb clearly perceIves the need for the mltIatlve I wonder If the problem WIth thIS ordmance IS that others, IIld~ me, do not understand why It IS needed and what the consequences wIll be If we do not enact It : Perhaps reSIstance to the proposed ordmance could be reduced by redoublmg efforts to communIcate to the commumty why the councIl belIeves we need the regulatIon Perhaps the arrmg of those reasons should accompany every publIc hearmg on the Issue, so as to msure that everyone knows them I I heard lIttle about them at the two hearmgs I attended I personally would lIke to hear what egregIOUS events motIvated the draftmg of thIS revIsed ordmance, and the long lastmg consequences of those events I belIeve It would be helpful for all cItIzens to see an analysIs of poor tree conservatIon practIces, not Just from the past few years but from developments completed 20 to 25 years ago, and the Impact today of those practIces As I saId before, perhaps I mIssed those dISCUSSIons m the past However, based on what I have heard m dISCUSSIons and at the publIc hearIngs, I don't belIeve I am the only one who mIssed It Maybe CrOlxwood could be exammed, and the Impact of Omn Thompson's frequent clear cuttIng operatIons analyzed Smce CrOlxwood IS far from barren of trees today, a clear artIculatIon of why Thompson's actIons were bad and why today's outcome there IS undeSIrable mIght help us all understand why thmgs gomg on today need an ordmance And why has the LIberty development gone so wellm SpIte of the lack of~e ordmance? I personally oppose the modIfied ordmance My perhaps unenlIghtened VIew IS that w~ lust don't need It However, m the mterest of tree conservatIOn I would lIke to suggest an alternatIve Smce It appears to me that the prImary motIvatIon for the ordmance IS that we all lIke havmg trees In our CIty and hate to see them cut down, let us mstead embark on an aggressIve campaIgn to teach landowners and developers Just how valuable trees are We should be able to show developers how It IS m theIr best financIal mterest to conserve trees dUrIng development (If we can't, perhaps we should be compensatIng them to conserve trees If they are so valuable to us all) We could teach people how to effectIvely deslgrl developments WIth tree conservatIon m mmd, and how to carry out constructIon WIth mmImum damage to: trees I I would propose that the CIty put together a proactIve trammg program on tree conservatIon, and that the CIty present It to anyone (developers or homeowners) mterested m property developm~nt m StIllwater Perhaps the CIty forester would conduct the trammg on SIte to best teach prospectIve land developers how to conserve trees Handout brochures are mce, put a proactIve, staffed program would:be much more effectIve If trees are truly so valuable an asset to the CIty, fund10g such a program by the cIty should be acceptable to the whole commumty' I would propose that the CIty undertake such a tra10ing program for a few years and then reassess whether a stronger tree ordmance IS necessary If you choose to recommumcate why the ord1Oance IS necessary, perhaps It would be helpful for you to understand why I oppose It. and what I see as some of the problems WIth the ord1Oance should you choose to enact It Factually counter1Og my concerns mIght well alter my stand on the Issue My reasons are I belIeve one should have the rIght to manage theIr property as they see fit, subject to general zonmg restrIctIOns that everyone seems to accept as necessary One faces CIvIl lItIgatIon If what they do causes damage to others, so one's actIOns must already be carefully measured If the CIty can help developers foresee such Issues relat10g to tree conservatIon, developers wIll polIce themselves 2 If someone' s trees are such a valuable resource to the commumty that theIr loss IS rrreplaceable then perhaps the commumty should step forward and buy the property for park land Why should landowners suffer economIC consequences because someone other than the landowner hates to see a tree cut down? Some people contend that the economIC consequences of the proposed ordmance are mSIgmficant and 1OconsequentIal If that IS truly so, then compensatmg developers for conservmg trees should not be of any concern to the paymg partIes' 3 Enact10g a pumtIve tree ordmance because of a few "bad apples" punIshes everyone Do we need such strong actIOn, or IS most damage qUIckly mItIgated by landowners 10terested 10 havmg trees on theIr property? (My perceptIon IS that the damage IS qUIckly mItIgated and does not need an ord1Oance for control I thmk CrOlxwood IS a perfect example of why we don't need the ordmance') 4 I do belIeve there may be some need for regulatIons on steep slopes and rav1Oes, for runoff and erOSIon can certamly be a problem I have some concern about the proposed regulatIon, however, as the currently unbUlldable slopes (over 24%, or over 13 50) are also about what It takes for a walkout basement I belIeve more careful study of the slope Issue and the consequences of the proposed regulatIon IS warranted 5 DIctatmg to developers by ord1Oance as to what kmd of trees they must plant may keep less deSIrable trees from replacmg more deSIrable ones, but the converse IS also true 6 At the last meet10g dIscuss10g the proposed ordmance, It was Steve Russell's 1OterpretatIon when dISCUSS 109 the oak wIlt sectIOn that a reqUIred tree mventory map for the property affected by oak wIlt would only reqUIre a map prepared by the landowner, and would only need to be for the area Immediately around the affected tree However, the ord1Oance says for the propertY. whIch could be acres around the affected tree The next person ID Mr Russell's Job may have a dIfferent mterpretatIOn of the word1Og, and clearer def1OltIon would be deSIrable It would also be useful to specIfically deSIgnate that regardmg the oak wIlt sectIon the tree mventory map may be prepared by the landowner and need not be done by a forester 7 It seems absurd to say that trees moved from one place to another may only be counted as bemg half their diameter, whereas If one bought the replacement trees they would count as full size Why not sell the removed trees to someone and then buy them back at full sIze? Thank you for servmg as a publIc servant for the CIty I am confident that you wIll do what IS 10 the best mterest of the CItizens of StIllwater, and I hope my Ideas and concerns wIll be helpful to you as you seek effective resolutIon of this Issue Smcerely, 1(7) - I'&~ L1 i:::J DaVId C Jones , . . . . . . , /)))1)11 ~ 1 ti~ ~ (1:zuLt.d I ~ -~ : -1 " -.L- d;'.. "... If ~~A..-I c.uz..,____ ut- I cU'Y'-L-- ~ ~L--( ~ '- , /wc., ) L. <... e-e t- . - .. / P,.( ~ , ---:--- ~ '_ C.:...-- xlA--'k.'JXJy ~/~_ C~L/:L.I,~ ~ t/t.L 2,dU-li-U-z-G () 1/ t/ ' c1 (/~ 0 --11"- j~ V-{< /f~./../-" PLu'<..f~{LL~':'::u" , {L)L-' J.cLv-L-- c.!z-Z;i~ ;i/~ dU~AA~' 1.-iaA/~ .--LtL' J:L i2-1...(.CU i--v-<--- ),0..-Liu t2--U"Yj- U/~-i:1t' ~ju,- Y UL:c.l'1j j'-'--e.A-'-~PI ~ (/2L€-U. klz- ~ rLd- ~J.--' C/t,Lt,Li/; ~ /-iLl! I..JLU/~~'-d :4JuLU_4( ~i- /'d.,Jl~ ~ () I '-L I /<L h;;('f 7.5 ~JiL (.2-6U Y-./'~ CL -&fL~ '7-' ~ d~ V-d: ~L' ~0 ~{ucC / ~ ./1IJ..u.1 tiU...-J dA.i, dUd ~ ~~d:: ) U7.rrL~ l'(j #-Le. ox~ r ,fttJ-tfltt ".. ~ ~..dct .ilL- >>tL~ ~. ~ 6 Jf- C;r 7 U-M..a.A~(j ~ cJXJJj -!/:.0c j-t-".-vvJ nUi (.vu:. ~/ 4fY1..1'-\L ~~ {7;rf7J0d-eL ttJ-,/~J ~~ / .. I if AJJ...u0J--'1u /f..'ru.::b tLU{l A1'JI.-i'~-<jj / ~,-Lu.if .J10'.L- 'f- oi~ cW~~-0 ...-'A<--t. M/ -f-.{JjJJL huf.-~_ I .. - t!ic<../ --tt~ ";oJL~J.itu.L, w;/ >Lt'.-dl..: - CL -:;"';'euuL 1 1tJ r::~ ~ ~u /~ ~'. -1 A'c-{~ tJ--/cI.v, tt.J/.,a' (1.. ..u-k'Lt~e ~ve... t!L<.rt'-e.d~) 'P ili.a.tJ..u:V tL<~ ~ZeuH-' e-I--oCt~--<. . / (?-La.1--<.- .{'L'-{L fro It.k Cl.ffU-U-/.-(/e... ---hCf:- tf-VLuLI'UIJt.. y["""I<"\/j A 7fll "I- / ( Lee. C,tLu!-U..<.j .Ou . . 1555 11 8th Lane NW Coon Rapids. MN 55448 Phone (612)754-2505 Fax (612)754-0332 November 23, 1999 City of Stillwater Attn. City Clerk 216 No 4th St. Stillwater, MN 55082 Greetings, I am writing to inform you that Outreach Six Acres has voluntarily decided to terminate our charitable gambling license This will give us an opportunity to reorganize the structure of our operation and to be more efficient and effective We assure you that this decision had nothing to do with the gambling operations within your city, sites, site staff or our gambling employees While charitable gambling seems like a good way to raise money for non-profit organizations, we have learned from our experience that it is not easy because of the high cost of gambling equipment, labor, gambling tax, as well as the tremendous amount of required paperwork It was not serving its true purpose of giVing Significant money to charitable causes We would like to thank you for the opportunity you gave Outreach SIX Acres in providing charitable gambling operations in Trumps and The Freighthouse We hope that after our r^^r........:.....+:".. ",... ,....n ..........In Icol, ...~ ......crl.t..ble gc""bl.l!"In ...s ... "-a'l t" LAI.. c+hAr ,.hari+IAO: "'0: ''''~'::I__'.'_''''''_''' ,.- __I II """''tt..... ., -.al "'.1 . .... .. ..:J.... .......... -.I n.-........ .. -, - . -- '"- well as Outreach Six Acres homes for people with development disabilities and people with physical disabilities Again, thank you for allowing us to provide charitable gambling in your community and we look forward to the opportunity to serve Stillwater again. Sincerely, ~~D Gambling Manager Outreach SIX Acres . . . tEC-02-1999 11'09 CITY OF OFH P.02/02 CIlY OF OAK PARK HEIGHTS ern- COUNCIL WORK SESSION AND TRlITH IN TAXAnON HEARING MONDAY, DECEMBER 6, 1999 6:00 P,M. 6:00 P M. 7:00 P.M. 8:00 P.M. 9:00 P.M. CIlY COUNCIL WORKSESSION 1. Padts Commission IlltenrieWll (1) 2. PurcLase of New Squad Car (2) TRUTH IN TAXATION HEARING (3) RESUME CITY COUNCIL WORKSESSION 1. Capital Impwvement Plan (4) ADJOURN TOTAL 1='.02 NOV-24-1999 10 25 CITY OF OPH CITY OF OAK PARK HEIGHTS TIJESDAY, NOVEMBER 23,1999 CITY COlJNCIL ~lEETIN'G FOLLOW-UP AGE~"'DA 7;00 P.:M. 700pm Call to Ord"rl Ap,proval of ~enda Y2K Update added as Item E UDder Other reports. Handouts for enclo5ure. 10 and 11 were received. Agencla approvea as amenc:lecl. Carri.,d 5.0 , 7 ;05 p.m. II. Depart:mentlCouncJ Liaison RepGrls A. Planning Commission Update provided.. Next meeting i. scheduled {or December 16. 1999 at '1 :00 p.lU. B Pub COmm..5sion Update provided. Next meetin. i. sc:heduled for Decemher 20, 1999 at 6:30 p.m. C, Cable CommIssion Update provided. D. Water Ma.ttd.;ement Orgamzabons 1. Brow:a,'lIl Creek Watershed Ihstnct Update Foviclecl. 2. MIddle St. Croix Wai:enhed Di.mct Update provided. 3. valley Branch Watershecl DlStrlct Nothmft to report. E Other UK UpJate provided. Update of Met CouDcil'. Calthorpe study provided. 720 p.m. III. Vls1tor,/Public Comment A. Recyc1ng Award (1) Tom Richardson, 5620 Newgate Circle North B. St CroJX Rlver CrosSIng PresentatIon (2) Roger T omten and. Todd Drescher }n'$.ented. a compromise solution to the St. Croix Cro5.int 'Which addresses their land use and natioud scenic riverway cODcenu. P.02/0G . . . ~OU-2d-1999 10.26 CITY OF OF"; P.03/1214 c Rycler T raDlJportation Update Prcm.aed . Tlu. D an opportumty for -he puLk b:= .dbe.. the C:nmeJ wUh q;utnonJ or gon.~rt1. CD 189111!11 not part of the J:egulu as811<<k (Please bmt commtn:a to 3 nun1.lt.. m length ) 7 :30 p.m, IV. Consent: _l\fenda (Roll Call Vote) A Approve Bill. & Investments B. Approve Cd:y Council Minutes - ~ovember 9. 1999 (3) C 2000 Oene~al Eneineenng Rates (") D VSSA Bond Re~ution (5) E Request for Payment No.6 to Tower Asphalt, Inc In the amount oE $48,735.62 for 58th Street North - Nozell Ave:1~e to O~reen Avenue Improvements (6) F. Request Eor Payment No.7 to Ryan Contracl:ing, Inc. in the Qmoun~ "f $42.541.51 for Kem Center Improvement' (7) G Request for Payment No.3 to S.Rt Weidcma, Inc. in the amount of $257,143 59 fot VSSA - Street and utihty Improvements (8) H Apprave Resolutwn 99-11-_ A Resolution Approving Proposed Annual Liquor, T obac:c:o, mclAmusement Licenses for 2000 (9) . Item D pulled for claritioation. All other iwms approved. Roll call vote was taken. Carried 5-0. Item D approved.. Ron cd vote wu ta1en. Carried. 5 - o. Rainbow Foods oH-sde Non-Intoxicating liquor and. T ohacco Licenae approved. Carried. 5 - O. 7 :35p.m. V. Public: HeannSI None. 7 :35p m. VI. New Busmes8 . A. Utility Coo.nectlon Charges (10) Approved hy Resolution. Ron call vote was taken. Camec:lS.O. B. Lombard Vanancc Request (11) AppJ:ove Planninlt Commi..ion recommenclabon to den,. vanance request. Caniecl5-0. C. Lowu St. Croix Ma.na~eme;at plan (12) Ivlatter ta.'bleJ. until tint meetinat in] anuary. Staff directed to oLt"in copies o{ report and distribute to Council. ~CV-24-1999 10.26 CITY GF OFH P 0.1/04 7 :50 p.m VII Old B'U5U1eSS A. Discus.ion of Kennel Permit - Deanne Crosby (13) . Permit denied.. B Stillwater Fan! Amendecl Conditional Use Penuit (14) Approve Pl&Jmin; Commission recommendation to approve Amended Conditional UIe Pemtit. Camed 5.0. C Kaanann JACk"s Amended Conditioual Use Permit (15) Approve Plauninf Commission recommendation to approve Amended. Conditional Use Permit. Carried 5.0 D Swager Park kcels T alJecl to &m meeting in DecemLer. E. Well Siting Staff directed. to have Northexn Environmental adke.. possible contamination issues at County Road. 14. F. Insurance Appl"O~-e Insurance Committee recommendation for long-tenn cli.ability Dmtrance to Le eHective January 1, 2000. Carried 5.0 Approve lJUUZ'aDCC Committee recommendation Ew life insurance to Le effective JiUluary 1, 2000. Canied 3-2. Councilmembers T UrDquin and. Beaudet opposed. G. Bur,er l<1ng Conditional Use Permit (16) Communication received. and. ~ectad to Plannintt commission for further action. H Reschedule Joint Planning Comtnis61onlCOUtteJ Meeting . Meetint set for December 16, 1999 at 8:00 p m. Car.ned 5-0. 1. Set date for ParL C0mtt1lSlIl0n V &Clancy InteIVleWi Set Eor DecemLez 6, 1999 at 6:00 p.m. J Set DecemLer 6, 1999 W orloefsion WorJahop lIet for D~ 6, 1999 at 8:00 p.m , immediately followintt TNT hearing". 8:30 p m. VIII. Adjournment SQ(;ltzlgGihmng crt APp!tJee'. ""'11 /011- . TOTi1L ~ 04 rf!J ~ . Thursday Thoushts December 2~ 1999 . . Look for us at Esteban's on Friday, December 3rd. Mark your calendar with these upcoming dates: Friday, December 10th - Joseph's Friday, December 17th - Gasthaus Friday, December 24th - Happy Hobdays Friday, December 31st - Happy New Year Bored with your Friday Lunch? Not any more...Join us the First Friday of each month with a member of the Chamber Board! Starting January 7th the Friday Chamber Lunches will be held ONLY on the 1st Friday of each month, with an added attraction.. a different Board member each month!!! What a great way to get to know the Board of Directors or just one you don't know. As well as meet with other business people, topics of conversation vary with the item s of the day. Join Jody Miranda, First State Bank Bayport and Chairman of the Board, on Friday, January 7th at Joseph's Restaurant_ Meet Betsy Raleigh, Lawson, Marshall, McDonald & Galowitz on Friday, February 4th at the lake Elmo Inn. ~ This "- Holiday Season give rhe gift that glves / back to local \. ---" Chamber Members!"-- Chamber Dollars are Gift Checks that can be used at any Chamber Member ~ busmess!!! ~ It's not too ----- late, to call Call your order in to Gail 439-7700 Ext. 10 Order early, please allow 48 hours on large orders. 1!11212/99 ~ 3 15 PM [J 1'1 Stillwater Area Chamber of Commerce 423 S Mal n Street, Bnck Alley Bldg, Stlllwaterl MN 55082 Phone. 651/439 - 9390 Fax. 651/439 - 4544 email emarshall@stlllwaterchamber com The Chamber is starting a new program! You can be recognized at every meeting held in the Chamber office by being a "Refreshment Host". The "Refreshment Host Program keeps the Chamber Office supplied with coffee, tea, pop, water and buys rolls for our Board meetings. The cost is $ 40.00 a month. Hosts will be recognized m the office, at meetings and in the news- letter. CaLL Kate at 439-7700 Ext_ 12. WANTED... Volunteers to participate on Chamber Committees' If we are to be a membership dfl\1en chamber, we need your mput, Ideas and partiCipatIon. Call 439-9390 for more mformatIOn on these committees, Ambassador's Club .. CommunIcatIons Task Force " Government ActIon " Hospltahty & Marketmg ... Manufacturers Cour.cd " Small Busmess Development " Spectal Events AnnuaL Meetmg * Golf Tournament or Mi:11 GoLf * Distinguished Service Banquet * Pancake Breal<fast * Art Falf Booth * Business Spotlights Encourage your employees to participate! JJ1 E:1:J Stll wate~ A-e.a Chamber ~ 651/<139-770C 1(11 Ill!J 11/24/99 <S:. 1 13 Mol D 111 JkfLrk9 Coffee... at the G.bamber bedrle5d~y, 7J1:!C'ember e/li a 3'.1 - 10 /}o a m 42:3 c5 .J:(arn -5freel. r5ltlkaltll' \Nlslung you all the best for the hohdays, Join us for a warm cup of cheer and tasty holiday morsels. Starting in January! ~Ieet your chamber staff, new Tfre "Lunch wi:h the Chambel' will meet o~~rd members and busmess friends. only on the FIrst Fndav of the Month! Bring a friend or busmess associate, The lunch attel'ldance has been small I everyone's welcome. the Last 2 - 3 months, yet our survey indicates this is a good opportunity to meet with others. So to keep a good thmg going but wlth better focus we wlLL contmue the lunch meetings on the "lst Friday cf each Month. COMM ENT5 are welcome, please call the Char.: ber if you'd l1ke to voice y~ur opinion. Happy Thankssivins Thursday Thoughts For Wed. November 24. 1999 NO LUNCH THIS FRIDAy.... too much Turkey!!! Look for us at Esteban's on Friday, December 3rd. Mark your calendar with these upcoming dates: Friday, December 10th - Joseph's Friday, December 17th - Gasthaus ~h~ Holiday Season g1Ve the gift tfrat gwes .) back to local \. ~ Chamber Members!"---- Chamber Dollars are Gift Checks that can be Llsed at any Chamber Member busmess!!! Call your order in to Gait 439-7700 Ext. 10 Order early, please aUOl'f 48 hours on large orders. oJUIIVVdlt::1 /"'\1 ~d vlldlllUtll UI vUIII I IItll \"t;: ~23 S, f\1a n Slreet. Bnc< Allev Bldg S:d 1\\ aler, Mr--I 55082 Phone 65'/439 - 939: Fv: 65~/ 439 - 45411 erra I €marshali@stll :wate -:~alilbar ::om . CongratlJlatlOl~S Laura Smzth Laura has been named the new General Manager / Marketmg DIrector at Pnme Outlets at W oodburv We hk~ La..1I''''~ splnt.. she's Jumped nght m and Jomed the n~w BU5mess Development coznIl'uttee Tna>!ks Laura and welco'1'/.e the to CrlaP"':~C:1. . The Chamber is starting a new program! You can be recognized at every meeting held in the Chamber office by being a "Refreshment Host". TI1e "Refreshment Host Frogram keeps the Chamber Office supplied with coffee, tea, pop, watei and buys roLis for our Board meetings. The cost is $ 40.00 a month. Hosts wlll be recogmzed 1:1 the offlce, at meetings and in the news- Letter. Call Kate at 439-7700 Ext. 12_ . Frc;n AM"" To N'I. Kner&e' AMM FAX .NEWS . . Nov. 22-26, 1999 Date 1"/Z3I99 Time 4 5a 04 PM ro.WIIlJ" '" Co .. Auociation of Metropolitan Municipalitie~ Revenue Dept. announces grants The Mlnl'1e5ota Departnent of Revenue has announcea the firs. reCipients of the state funded grant program to assist tax Increment dlstncts Impacted by procerty tax class rate changes Tt"1e aeoartl'Tlent announced that approxmatelv$1 3 ml:llo1 of the available $6 0 million has beer granted to seve-n communities Of the seven reCipients, two - Chanhassen a1d ~aplewood - are metropolitan area cities The reclple:1ts of tre giants are . Chanhassen $1,147,751 . Maolewood $134,276 . Ely ~20,622 . Mount~lIn Iron $9,839 . Watkins $3,173 . Coleralne $1 eo . Jac-<son Countv Sd5 434 Sixteen communities apphe:: for fl..l"dlng The remaining $4 7 mlllen Will be S'iallable ferfu1d'ng .n 200:: anc 2001 Tre ceoartment also reported that three cities have applied fer adcl"lcnal poolln!; authOrity that was aCOiOveo b', tt-e 1999 Legislature P s a reS_I" of the AMM Fax News IS faxed pUlOd,cally to aU 4MM czty managuJ. and adnunlstrators The lIiformatlon IS In- ten.~ed to be skared with Inayors, couu"lmembers and staff In Qr:J~r to kelp offic"lals abreast of Important lfU!tro cIty ISSUes 9Cop)nght 1999 AM.1! 1.t5 l!nzurslty Avenu, a est SI Paul, MN 5S1fJ3-;O.14 Pholle (651) :15-4000 Fa.'\ (651) 181-1:99 E-n!0211 amnz?;ammU5org legiS at'en. a city can apply to the departilent fer authonty to ..:se tax IncreMent from another City deve'op- ment agency to cover a deicl! II'l ano!hr:r development agency For example, a nouslrg al"ld redevel- opmert authcnty May nave a deijcl: caused by tl1e tax law changes Out there could be a sl.lrpllJS In the distriCtS acmlnrStered by the crty's poi author- Ity' ~ne 1999 authonTy' permits tt-e transfer of funds between trle agenoles The deoartment expects all three oltles to be wranted the al..thorlty Tt.e cIties WIll ~e narred Nl1en t"e authorty ,s grarted An anno\.!ncemel"t IS expected wJtrln t;'le next fEf,^, wee'<s 1---- -- --I I McElveen is named I director of community I development Ii Tom McElveen, current director of the r..netropc:ltai' CounCil s II HousH'g and Ceve oerre"lt Ceper!- mer"t, has oeen named d.rec:or 0; I the Communtty Develcpme"t I' CI'J1s:on In hIS ne.N Poslt'on, McElveen I v.11I be responslole ;or tl'-e "'etro- I pol'tan COJncII's planning, -e- I search and corrmunlt'1 develop- I rnel'lt fur.ctIons I-e s..:cceeds ~ralg I Rape I , Council to hold public hearing regarding SAC waiver for inclusionary housing Tre ~etropoiltan CounCil has scheauled a public meeting on Wed"esaay Dec 8 regarding the proposed criteria for SAC ....aIVers for the IncluSIOn3ry rousing prog'am tvletrooohta" Cour:cll staff ,s orepos- In9 a "nree-year aemonstratlon tnat Telecommunications forum set for Dee 8 The AMM Will host a telecommuni- cations forum on Wednesday, Dec 8 from 8-915 a m at L ,,'C bUilding Sen Steve Ke ley (DCL-Hoplo'lnsl Will be tr,e fear urea speal<er I-e IS t"e author o~ SF 2133, which repeals ,ocal franchise fees If vou wouia like to atte'1d pease cal, La~ne Jennll1gs (651-2~ =-4000) by Monday Dee 6 Nould Naive 'he SAC fOi h:;usmg targeted to low 'ncorre households Amo-g the demons:ra~lon c'Jter.a IS a \A,alVer of the local SA~ or ....ater availability ~I"arge eq_al to the 3rro'Jl"t of the Metropolitan Counc I s 'wl...er SLue. Governance for the Next Millennium The SenSible L..ai'ld Use CoalitIon (SLUG) Will presem a program artltlca, "Gcver1ance fer :he Next MI':ennlum" on Deo 8 frem 11 30-2 at the Raclsson South Jim Miller, exec.Jt'le d,'e::t:r of ."e League at Minnesota C,tIeS IS tl"e featured soeaKer t"e cost to artena IS $30 fo' me.,,- bers ard $40 for nonMembers To register call (612 474-33::2) ~. - lt~codllf1 150 JElls. r..as 8' SBtd 1. 2. 3. 4.30 4.30 4. 4:35 5. 4:50 6 5:05 7. 8 9. 5:25 WASHINGTON COUNTY D...... C. Hegberg DJatrir:t 1 Bill'uIIlr8bet DIsInI:t==e Waly DJatrir:t 31a... MyrlI ....raon DIstnct 4 Dlct Stafford District & COUNTY BOARD AGENDA DECEMBER 2, 1999, 4:30 P.M. ***PLEASE NOTE CHANGE IN DATE*** Roll Call Consent Calendar Sheriff's Department - J Frank, County Sheriff Extension of the Metropolitan 911 Joint Powers Agreement PubHe Health and Environment - M. McGlothlin, Director Update on Year 2000 Preparation Activities and County's Response Plan for 12/31/99 General Admini~tration - J Schug, Administrator A Distinguished Budget Presentation Award B Update from the County Legislative Committee Discussion from the Audience Y"rnto1'.f mays1uzn: their coru:erns WIth the County BotUTl ofCotll1ll1SSi01lel'3 on any Jtem not on the agentla. The Chair will direct the County Admimstrator to J11'fflHUe 1'f!SJJONle:l to your C01ICerNI You are encouraged not to be repetltlOUS of previous spetzIren Il7Jd to limit your odt/re.rs to five minutes Commissioner Reports - Comments - Questions This period oftilllBsholl be used by the CommiuJoners to nport 10 the jidl BOtlI'tl on comnatlee actlvities. make comments on 7IIlJtters ofintere3t tmd mfo17lUlllon. or raue que:mons to the staff. 77Iu tJdion is not Jntended to result UJ suhstantJve board adi01r during this hme Any action necessary bectzuse of JisClUJon will be scheduled for a future board meetzng Board Correspondence Adjourn ~ -:~;:..~~ =~~:(::~;y - ~ ~:;-~ ~~~:: ~.~~ ::~= ~~~ =:~ -~. _~-~<~ ~~:-:~~':: '~~>~~- ~y =-- - - ~ ~ ~ - ~ ~ __~ "<< v ::/~~~ ~~~ "f!?,,--c,~,_,g!(!-l"~"~d~~.ill'lL\;;"(liUlr, .f.....,dEJ!L."', - - " . - - - -" .>. -: :.. ~-'''' --:...'" .\:v~~' ~,- ~ --:- ,":'~~, ... ~ ':~:-~: ~_ ~y....y-.....,~ ........--,-.~{~..'......~'"'n........c' ^,:._ ~ , _...... , - '..._N.......~;;./.CVi..." ...{../.. ************************************************************ REMINDER: No Board Meeting December 7, 1999 - AssodatioD ofMimaesot:l CODDties ComereDte Date November 29 December I December I December 2 December 8 December 8 Deccmber9 December 9 December 9 MEETING NOTICES TIlDe 6 30 am. 8.30 am. 9.30 a.m. 1:00 p.m. 10.30 am. 12:00 p.m. 8:00 am. 7.oop.m. 430p.m. Committee Library Board Metropolitm1 LRT Joint Powers Board Plat COmmissiOD Tntf'n121 Audit Advisory Committee 911 Board Metronet ~Socia1 Scm.ces Minnesota Extension Metropolitan Council Open House - Regwnal Master Tnmsit PIan LocatiOD 1010 Heron Avezme N. - Oakdale HCllDqDn Collllty Govc::mm.e:ot Centez w~ County Govemment Center w~ County Govemment Center 2099 UniYQ~i Avenue W. - St Paul 1619 D~Ave. - St Paul Lake Elmo IDn - Lake Elmo 1825 Curve Crest Blvd - Stillwater Maplewood CommUDity Center, Room C ~ btemng de.,1t:fIS .. w..bIe 1M _.. the C<<mtv 110ft RDom "P!f! need ___ due tD ~ Of' len!J!Lag- b6m<<..JH- .... 430.6000 (roo ~322Q) EQUAL EMPLOYMENT OPPORTUMTY I AFFrRMATlVE ACTION EMPLOYER ., . WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * . DECEMBER 2, 1999 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A Approval of the November 9 and 16, 1999 Board meeting minutes. B Approval of the County's comments on the proposed Development District No.2 Financing Plan relating to Tax Increment Financing District No. 1 budget in the City of Forest Lake. C. Approval of resolutions commending local bands for their support of the Common Ground Teen Center in Cottage Grove. D Approval of staff comments on the draft Oakdale Comprehensive Plan. Assessment, Taxpayer Services and Elections E Approval of resolution, applicanons for conveyance of tax-forfeited lands for an authorized public use by the City of Stillwater. .an Resources F. Approval of resolution, application for conveyance of tax-forfeited lands for an authorized public use by the City of Stillwater. G Approval to allow Housing and Redevelopment Authority to partIcipate in the County's employee insurance programs for group rate purposes. Sheriff H Approval of resolution, for the ~m;nal gang strike force grant agreement with the Minnesota Department of Public Safety forthetime period January 1,2000 to June 30,2001 Transportation I Approval to postpone the decision on the need for an Environmental Impact Statement for the Tiller Mining Operation in New Scandia Township for 30 days . .Consent Calendar rtem.s arc generally defined as rtems of routme busmess, not requIring discuSSIon, and approved m one vote ComnussIoners may elect to pull a Consent Calendar it.em(s) fur dJscusSlon and/or separate ac:tlon. Sill .. lID W~II coarrr1 ISo YDIs. r.a.ss 8' smxE 1 2 3 900 9.00 4 940 5 6. 10.40 10.50 7. 1115 8 11.40 9 . . 10 11 11.50 12 11:50 13. 12.30 to 1..30 14. 1..30 to 2..30 WASHINGTON COUNTY D.... C. Hegberg DIItriI:t 1 8m PulIlIaIIek DIItriI:t 2 W.1Iy AIIIII"_ DJaufc:t3/CbeIr Myna Pn.lWllft DJaufc:t 4 DlI:k St8fanf DIItriI:t & COUNTY BOARD AGENDA NOVEMBER 23, 1999, 9:00 A.M. Roll Call Consent Calendar Public Hearing - Department of Transportation & Physical DevelopmentILand Management Consider Petition by the MinncsotaZephyr Ltd. to Amend the County Development Code Transportation & Physical Development/Land Management - D. WlSDiewski, Director Draft Cooperative Management PIan for the St Croix River Recess Assessment, Taxpayer Services & Elections - M O'Rourke, DIrector Renovation for the Stillwater License Center General Admini!liltration -] Schug, Administrator A Historical Society Presentation - Minnesota Beginnings - Brent Peterson B Valley Branch Watershed District Board of Manager Appointments C Elected Officers Salaries and Benefits - Process Established Discussion from the Audience Y"mtors may shtl7'e thtm' COPIc:erns WIth the Cormty BOIIIfl ofComtmssimrtJr.J 011 G1IJ' Item not 011 the agendtz. TJrs CJuzrrwill dl7'fJct the Cormty .A.drmllutrator to preptl7'e N8pOlI8G to yorr C01ICt1m8 You are encouraged 1I0t to be repetitzOllS of prevrOllS speakers and to 111mt your add1'G8 to jive 1IIimIt&f Commissioner Reports - Comments - Questions Thu penod oftrme shoJI be used by the Commun07U!r.J to 1'f1J'OP't to the fid1 BOlII'd 011 commzttee IICtMtJa, IIUIh commenD 011 matters of interest and mformalloll, or 1'm8B qu&fIlDILf to the staff TnisllCtJoll U 1I0t mtenJed to rcuIt m subsllmlnle board actum dunllg thIS tune. .Any actzOIlIlece88tzry becou.Je of dUt::I88IOII wrll be schetJu/sd for a future boani meetzllg Board Correspondence Adjourn Lunch Board Workshop with Assessment, Taxpayer Services and Elections Update on Development of Tax Forfeited Land Policies and Direction Regarding Disposition of Four Tax Forfeited Properties with Structures Board Workshop with Assessment, Taxpayer Services and Elections Review Proposed Tax Abatement Policy ***MEETING NOTICES ON BACK*** ~ btrImng d""ICU .,...,...". _III the CDunfy IIDMd RDom ":LOU __ __ dUll ft) d..b/~ 0' ian!Ju~ """".J'..-- un 43~6000 (71)0 439-322Q) EuUAL EMPLOYMENT OPPORTUMTy I AFFrHMA TIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * . NOVEMBER 23, 1999 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Assessment, Taxpayer Services A. Approval of abatement applications for value and homestead classification. & Elections Court Ar1m;n;qration B Approval of early hire of one full time employee. Sheriff C Approval to award bid to Mobile Vision, Inc. to provide and install squad car video recording equipment in the amount of $25,560 for supplying and installing six squad car video systems. Transportation and Phys Dev. D. Approval of resolution requesting that the Commissioner of the Minnesota Department of Transportation perform a study to determine the reasonable and safe speed on CSAH 17 (Lake Elmo Avenue North) between TH 5 (Stillwater Blvd) In the City of Lake Elmo and CSAH 12 (7S1h Street North) in the City of Grant E. Approval of resolution to vacate excess right of way on CSAH 39. F Approval of resolution revoking the County State Aid Highway designation of a portion of CSAH 7 in Marine-on-St Croix and further revoking its jurisdiction to the City ofMarine-on-St Croix. . G Approval to advertise for bids for the leasing of agricultural lands located in Big Marine PatkReserve, Cottage Grove Ravine Regional Park, Lake Elmo Park Reserve, Pine Point Pm and St Croix Bluffs Regional Park. .Consent Calendar stems arc generally defined IS Items of routmc busmcss, Dot rcqumng dJscussIOD, and approved in ODe vote CommISSlODCIS may e1cc:t 10 pull a Consent Calender JtaD(s) for dlSC1lllSlou 8IIrJ/or scpamtc adlon. ************************************************************* REMINDER: No Board Meeting November 30,1999 - sa Tuesday and No Board Meeting December 7,1999 - Association of Minnesota Counties (AMC) Conference !D. MEETING NOTICES Committee Tune Loation November 23 Legislative Committee 2 4S p.m. Washington Comrty Govemm.ent Center November 10, 1999 STILLWATER TOWN BOARD MEETING Town Hall 7:00 p. PRESENT: Chairperson Louise Bergeron, Supervisors David Johnson, Sheila-Marie Untiedt and Ken LaBoda. Also, Planner Meg McMonigal, Engineer Paul Pearson and Attorney Matt Brokaw. 1. AGENDA - M/S/P Johnson/Untiedt moved to adopt the agenda as amended. (3 ayes) 2. MINUTES- 1. M/S/P Untiedt/Johnson moved to approve the 10/26/99 Stillwater Township Budget Meeting minutes as written. (3 ayes) 2. M/S/P Untiedt/Johnson moved to approve the 10/28/99 Stillwater Town Board Meeting minutes as written. (3 ayes) Ken LaBoda arrived. 3. TREASURER- 1. Claims #443 thru #461 and checks #13506 thru #13511 were approved for payment. 2. Ralph Hughes was present to discuss investment possibilities. 4. PLANNER- 1. M/S/P LaBoda/Johnson moved to adopt the Stillwater Township Comprehensive Plan 1999. (4 ayes) 2. The Zoning Ordinance will be dealt with at the next meeting. 3. The planner will check into escrow monies due for Hunters Ridge and ~inewood Ridge Subdivisions. . 5. ENGINEER- 1. Discussed some engineering situations to do with Pinewood Ridge Subdivision. 2. A consensus of those present was to bring the 900 feet of 100th Street that starts where the pavement ends from a 7 ton road up to a 9 ton road by adding extra gravel at the township's expense during the preparation and paving by the developer. 6. BALER OFFER - M/S/P Johnson/Untiedt moved to accept a $500.00 offer presented by T.M.T. for the baler. (4 ayes) 7. COMMITTEE MEMBERS - Rod Hunter, Carole Yoho and Meg Jungbluth will be asked if they would like another term on the park/planning commission. 8. PEOPLE - Julie Wasser was present to discuss the dilemma she is in with the garbage haulers currently in the township. She recycles so much that she has very little garbage and does not want to pay for weekly service when she doesn't need it. 9. ADJOURNMENT - Meeting adjourned at 9:03 p.m. . Clerk Chairperson Approved . _. 6. . BROWN'S CREEK .. . WATERSHED DISTRICT 1825 Curve Crest Blvd. Stillwater):IN 55082 Tel: 651-430-8300 FAX: 651-430-6819 Special Meeting of the Board of Managers Award ofCoDStr1lcnon bid tor THPP December 6, 1999 1. Call to Order @ 7:00 PM 2. Pmpose of Meeting Suspension of By-Laws for Purpose of meeting Review of the submitted and complying bids (E & 0) 3. 4. Board discussion and questions Board vote 7. Review ofland acquisition activities from Dec. 3, 1999 (Smith) 8. Adjournment Note Remember that It IS BCWD pO/ICY to not begm any new topic for discussion after J 0 00 PM Board Meetings are held on the 2nd and 4th Mondays at 6.30 p m., at 1825 Cune Crest Boulevard, StIllwater, MN l\'lanagers: CraIg LeIser, Pres . Karen Kllberg, VP . Jon MIchels, Secy · E J Gordon, Treas · DanIel Potter .. . . December 1, 1999 JI!- "-~IJ r i./ /: 41 .~ City of Stillwater 216 N Fourth Street Stillwater, MN 55082 Dear Commumty Leaders, Our famlly has lived in ofStlllwater for 18 years and we'd like to share a few comments on several subjects · Park Improvements When our clnldren were young, we were chsappointed with the condition and facilities of city parks Stillwater has recently Improved Pioneer Park and numerous other parks Meadowlark Park, near our home, has been Improved and we now often see neighbor kids playing on the playground and basketball courts We'd hke to extend our thanks to the Park Department for these Improvements · Long Lake Paved Tr811 This trail IS lovely and shows real fore thought in planning and negotiating With the developer to preserve a lakeshore for recreational opportunity for all our community Thanks for tins community asset We are chsappomted the trail IS linuted to walking only and not other human powered actiVities · Downtown Paid Parking We do Dot like it As residents, we know where free parking is However, we had to use p81d parking this summer at a restaurant and was frustrated with talang time to pay, leave stub in the car, take remainder inside, spend enough to cover it, then be reimbursed There appears to be more paved parking, winch these funds may have prOVided, but paying when most of the lots are empty IS unpleasant The City should reconsider this as soon as pOSSible as It chscourages our downtown business · St Croix River Access We kayaked on the nver into downtown Stillwater this summer. It was beautiful and pleasant untIl we tried to fmd a place to put ashore There was no suitable, gently- sloping shoreline to be found Only the high, concrete levy walls Next time we Will exit at the DNR landing and bypass downtown, but you may want to consider tins as Lowell Park Improvements are made We're sure you know why most people choose to live in Stillwater We love it's charm and Instonc feel We love open spaces Please help preserve that for longtime residents and future generations Sincerely, f\ 'J'YLcv~) \~ Mary and Fi~ Piontek 197 Maryknoll Drive Stillwater, MN 55082 651-430-2777 . . . Summary of Proceedings 'Vashington County Board of Commissioners November 2, 1999 Present were CormmsslOners Bill Pulkrabek, DIStnct 2, Wally Abrahamson, DIstnct3, MyraPeterson, DIStnCt 4, and DICk Stafford, DIStnct 5 COmmISSIOner Denms C Hegberg, DIStnct 1, absent Board Charr Abrahamson presIded Assessment. Taxnaver Services and Elections Approval of the followmg actIons Resolution No 99-130, repurchase of tax forfeIted land by 2-88 SpeCIal, Inc , former owner, Resolunon No 99-131, repurchase of tax forfeited land by Randy J BIschel, former owner, Abatement applIcatIons for value Commissioner Renorts - Comments - Ouestions The ComrmssIoners reported on the followmg Items Commissioner Stafford reported on a CommunIty Crrc1e exercise put on by the Courts system last Thursday, on how to make the JUdICIary system from vlOlanon to incarceration or probatIon more effectIve. Commissioner Peterson reported on the followmg items TherapeutIc Le3l'Il1D.g Center II and PLACE II will open on November 4 m Oak Park HeIghts, Update on TAB RelatIons Comrmttee and a process establIshed to evaluate transportatIon projects. ResolutIon on Metropolitan Area Agency on Agmg has passed out of the DIStriCt X subcommittee and will be voted on at the Association of Minnesota CountIes meeting on November 8 General Administration Approval of the followmg actlons October 19, 1999 Board meetIng mInutes, ResolutIon No 99-132, Brown's Creek Watershed DIStnCt Loan (Advance), Update by Commissioner Stafford on the Public Employees Retrrement AsSOCIation related to their new office building and possible rate increases to employees and employers WIthin the next two years. Update on a Project Impact grant receIved from FEMA to be used for rmngatIon programs WItIDn CItIes and countIes to lessen the effects of natural dIsasters, COmrnlSSlOner Stafford to attend the Project Impact SummIt m WashIngton DC In December; Judy Hunter, Department of PublIc Health and EnVIronment, asSIgned as staff person to metropolItan group studymg the Issue of electnc deregulatIon. COmrnlSSlOner representatIve requested to attend a November 22 meetmg, ElectIon staffwill be settIng up m the Board room to prOVIde electIon results after the County Board meetmg, Board correspondence was receIved and placed on file Human Resources Denartment Approval of the followmg actlons . _ Ratlficatlon of the 1999-2001 bargaIning agreement WIth the Teamsters Local 320 ProbatIon Officer Umt, Uniform Settlement Reportmg form for the labor agreement WIth the Teamsters Local 320 Probatlon Officer Umt for 1999-2001 TranslJortation and Phvsical Develooment The Board met m workshop seSSIon WIth the Department of TransportatIon and PhYSICal Development, Mmnesota Department of TransportatIon, MetropolItan CouncIl and local elected offiCIalS to discuss transportatIon and transIt Issues m Washington County A complete text of the OffiCIal Procet"dmgs of the W ~h.mgton County Board of (" OmmISSloners IS aVaIlable for publIc inspectlon at the Office of AdmInistration, '\Vashmgton County Government Center, 14949 62nd Street N , StIllwater, Minnesota . . ~ . . Summary of Proceedings Washington County Board of Commissioners November 9, 1999 Present were ComrmssIOners Dennis C Hegberg, DIStt1ct 1, BIll Pulkrabek, District 2, Wally Abrahamson. DIStrict 3, Myra Peterson, DIStrIct 4, and DICk Stafford. DIStrICt 5 Absent none Board Charr Abrahamson presIded Assessment. Ta:maver Services and Elections Approval of the following actIons ResolutIon No 99-133, authonzatIon to offer tax forfeIted parcel at a private sale to adjoining owners. ResolutIon No 99-134, recommendIng approval of conveyance of ta.'1C-forfeited lands for an authorized public use; '\V orkshop held to discuss the County Tax Abatement Policy and a proposed tax abatement for Tamarack Interchange project m W oodbwy Commissioner Renorts - Comments - Ouestions The CommiSSIoners reported on the followmg Items ComrmSSIoner Hegberg reported on a recent Rush Line Corridor, process continuing to hrre a consultant, Commissioner Stafford reported on the CoalItIon of CountIes which is dealing with the utIlIty deregulatIon issue; Requested County Attorney's office to review the possibIlity of expanding the Housing and Redevelopment Authonty Board of Commissioners from five to seven or nine members, CommiSSIoner Peterson reported that BIll Campion passed away; Mr CampIon and his WIfe were instrumental in starting the FamIly VIOlence Network Community Services Department Approval of the followmg actIons Contract WIth Family Means to proVlde management of volunteer respite care services to fraIl elderly and clnldren WIth developmental dlsabIlltIes for calendar ye:ll" 1999 and 2000. Federal Workforce Invesnnent Act TransIuonal Plan, '\V orkshop held to reVlew chemIcal dependency polIcy Issues General Administration Approval of the followmg actIons October 27, 1999 Board meetmg mmutes, Comments on the proposed modIficatIon ofTa.x Increment Fmancing DIStrIcts 1 and 2 m the CIty of St Paul Park, Table dIscussion on staff comments regardmg the Town of May comprehenSIve plan untIl the next County Board meetmg, Appomtment of ComnnSSloner Hegberg as the votIng delegate and ComnnSSloner Pulkrabek as alternate to the annual meetIng of the Minnesota Counties Insurance Trust ~ Table dIscussIon on a Veterans Rest Camp Pohcy unt11 the County Board receIves areVlsed Art1c1~ of IncorporatIon from the Veterans Rest Camp. Board correspondence was receIved and placed on me Human Resources Denartment Approval to ratIfy the 2000 meet and confer agreements WIth non-unIon employee groups mc1udmg Department Heads, confidentIal supervIsors and confidentIal employees Public Health and Environment Denartment Approval to appoint COInImSSlOner Stafford and COIIlIIllSSIoner Hegberg to represent WashIngton County at metI'opolItan county meenngs on deregulanonlresrructtln.1lg of the electnc utIlity llldustry and unpact to CountIes Transuortation and Physical Development Approval of the followmg acnons Set publIc heanng to consIder petItIon from the MInnesota Zephyr Ltd to amend the WashIngton County Development Code for November 23, 1999 at 9 00 am Set pubhc heanng to consIder the reverSIon of County Road 53 (Qumnell Avenue) from WashIngton County to thejunsdIctIon of New ScandIa Township for December 21, 1999, at 6 3. pm at the New ScandIa Township Hall A complete text of the OffiCIal Proceedmgs of the Washmgton County Board of Commissioners is aVa1lable for pubhc mspectIon atthe Office ofAdnumstratIon, Washington County Government Center, 1~949 62nd Street N , St11lwater, Mmnesota . ()t . . Snmmary of Proceedings Washington County Board of Commissioners November 16, 1999 Present were CommissIoners Dennis C Hegberg, DlStrlct 1, BIll Pulkrabek, DIStrict 2, Wally Abrahamson, DIStrIct 3, Myra Peterson, District 4 and DIck Stafford, DIStnCt 5 Absent none Board Charr Abrahamson presIded Assessment. Taxnaver Services and Elections Approval of abatement applIcatIons for homestead clasSIficatIon Commissioner Renorts - Comments - Questions The COIIlIl1lSSIoners reported on the following issues Comnnssioner Stafford reported that the Metropolitan Inter-County Association legislatIve platform is being worked on and the County Board will be provided a copy for review soon, The FIrst utIlrty deregulatIon meetIng IS scheduled for Monday, November 22, CommiSSIOner Peterson informed the Board that Ted Mondale, Metropohtan COunCll, WIll be meeting With all metropohtan County CommISSIoners on November 29, CommiSSIoner Hegberg reported that the Mental Health Advisory CouncIl met and chscussion was held on hOUSIng needs and a search for a facilIty In the County, Also, School Sectlon Lake IS still high and 140th Street is still under water; COIIlIl1lssioner Abrahamson requested that the LegISlatIve Committee chscuss the HOUSIng and Redevelopment Authority appoIntment Issue Community Services De1?artment Approval of the following actIons Workforce COunCll appoIntments Gerald Beedle, two-year term to June 30, 2001, Pat SIngel, Commumty ServIces representatIve to a term expIring June 30,2001, Mental Health Advisory CouncIl appointments Shenff James Frank, Law Enforcement RepresentatIve, Gaylord Rous, Human ServIces, Inc RepresentatIve, and Mary Meyer, Family Member Representatlve, CertIficate of Recognitlon presented to LOIS and Dick Danzl, Cottage Grove, as Minnesota Foster Fazmly of the Year, Recogmtlon also given to Bill KIckhafer as Adult Foster Care reSIdent, Workshop held to contInue discussion from November 9 related to chemIcal dependency policy Issues, Joint workshop with PublIc Health and Envrronment to dIscuss strategy plannmg for ~amg servIces General Administration Approval of the following actIons November 2, 1999 Board meetmg mmutes, County comments on the proposed modificatlon of Tax Increment Fmancmg Plans relatmg to Tax Increment Fmancmg DIstrIct Nos 1 through 7 m the CIty of Stillwater, Staff comments on the Town of May ComprehensIve Plan, Patncla Waller, US Census Bureau, proVIded an overvIew of the upcommg 2000 census, tJJ Advertlse for a request for proposals for WashIngton County purchasing cards, Resolution No 99-140. support the appomtment ofDonn WIsh as Transportation AdVIsory Boar ' Charrperson. Judy Spooner, WashIngton County BulletIn, presented the Board WIth a color photograph of the County Board members taken at the Hlstonc Courthouse on October 27, 1999 In honor of the County's Sesqulcentenmal. Board correspondence was receIved and placed on file Human Resources Department Approval of the followmg actlons Bandmglgradmg recommendatIons of the Comparable \V onh Comnuttee Parks Drrector (ReVIsed) from D6-1-1 to D6-1-1, FaCIlItIes Manager (reVIsed) from D6-1-1 to D6-1-1, and approval of new classIficatIon andjob descnptIon for Land Surveyor from C4-2-~ to C4-3-1, Attractlon/retentIon salary range for the classIficatIon of Assistant County Surveyor In the Department of Transportation and PhYSIcal Development Public Health and Environment Approval of the following actIons Two year special project Emergency ServIces Speclahst posmon. Resolutlon No 99-135, authorizatIOn for clean water partnershIp grant . Sheriff's Department Approval ofjomt powers agreement WIth the State ofMmnesota, Department of PublIc Safety, Alcohol & Gamblmg Enforcement DIviSIon, to conduct alcohol complIance checks for underage dnnking for the penod of August 1, 1999 to June 30,2000 Transportation and Phvsical Development Approval of the following actIons Supplemental agreement #1 WIth Toltz, Kmg, Duvall, Anderson and AssOcIates, Inc for engineenng deSIgn servIces for CSAH 39 rmprovement project, ResolutIOn No 99-136, acqurre right of way on CSAH 13. ResolutIon No 99-137, acqUIre nght of way on CR 61, ResolutIon No 99-138, request to the CommISSIoner of the Mmnesota Department of TransportatIon to perform a speed study on CSAH 16 between 1-494 and 1nterlachen Parkway, ResolutIon No 99-139, CSAH 13 and 1-94 North ramp/look mtersectIon unprovement resolutlon for the Mmnesota Department of TransportatIon MUnICIpal Agreement Program. A complete text of the OffiCIal Proceedmgs of the Washmgton County Board of COmmISSIOners IS. aVaIlable for publIc mspectIon at the Office of AdrmmstratIon, \Vashmgton County Government Center, 14949 62nd Street N , StIllwater, Mmnesota ~ . . Snmmary of Proceedings 'Vashington County Board of Commissioners November 23. 1999 Present were Cornnnssloners Dennis C Hegberg, DlStnct 1, BIll Pulkrabek, DIStnct 2, Wally Abrahamson, DIStrict 3, Myra Peterson, DIstrict 4, and DIck Stafford. DIStnct 5 Absent none Board Charr Abrahamson presIded Assessment. Taxnaver Services and Elections Approval of the following act10ns Abatement applications for value and homestead classification, AdvertIse for bids for the renovation of new space for the StIllwater LIcense Center and that the bId be done using alternates; and, that the County negotiate a five year lease WIth an option for an additIonal two years, Board workshop held for an update on development of tax forfeited land polICIes and drrectIon regarding dispositIon of four tax forfeIted propertIes and structures, Board workshop held to review the proposed tax abatement polIcy Commissioner Reports - Comments - Ouestions The CommissIoners reported on the following items Commissioners Stafford and Hegberg reported on the first meetlng of the utIlIties deregulatIon cOIllIDlttee involving the seven metropolitan countIes, CommissIoner Peterson reported on the following Items The House Republicans will hold a press conference on November 24 at 1000 am to unveil a major new transportation fundmg lDltlatIve. and, Dr David Walsh WIll be speakmg on raIsing lads m the media age on February 3,2000 at the Woodbury Lutheran Church, 6 30 to 900 pm Court Administration Approval of early lure of one full tune employee m Court AdmmistratIon General Administration Approval of the followmg actJ.ons Brent Peterson, WashIngton County Htstoncal SOCIety, presented the County Board With copIes of a book entItled "Minnesota Begmmngs", which looks at the early history of WashIngton County. Reappomtment ofDaVld Bucheck, Lake Elmo, and appomtment of Donald Scheel, Afton, to the Valley Branch Watershed DIStrIct Board of Managers to three-year terms expmng November 13, 2002. ResolutlOn No 99-144, elected officers' salanes and benefits, Comrmssloners' salanes and benefits to be acted on at the December 14, 1999 meetmg, Board correspondence was receIved and placed on file Sheriffs Office Approval to award bId for the supply and mstallatIon of SIX squad care VIdeo systems to MobIle VIsIon. Inc lowest responsIble bIdder In the amount of $4260 per system Transnortation and Phvsical Develoument Approval of the follOWing actIons ResolutIon No 99-141, request for speed study on CSAH 17 between TH 5 and CSAH 12 In the CItIes of Lake Elmo and Grant. ResolutIon No 99-142, vacate excess nght of way on CSAH 39, ResolutIon No 99-143, revokmg portIon of County State AId Highway 7, PublIc heanng held to conSIder a petItIon by the MmnesotaZephyr, Ltd to amend the Washmgton County Development Code Zoning Regulations, Railroad Overlay DIStnct operations, Request by Mmnesota Zephyr Ltd to extend hours of operatIon on Sunday to 10 00 P m and on New Year's Eve to 1230 am approved, Comments on Lower St CroIX NatIonal SCenIC RIverway CooperatIve Management Plan reVIewed and approved as amended A complete text of the OffiCIal Proceechngs of the WashIngton County Board of C0IDIn1SS10ners 15 aVaIlable for publIc mspectIon at the Office of Admimstration, WashIngton County Government Center. 149A.9 62nd Street N , StIllwater, Mmnesota ., . . Updated December 2,1999 WASHINGTON COUNTY BOARD OF COMMISSIONERS PREVIEW OF COMING ATTRACTIONS UPCOMING WORKSHOPS/AGENDA ITEMS OF NOTE (All Dates and Items Subject to Change) , " AGENDA! 1'1 I I II I I ,.t I I '. l'I.':.h II "DAtE 'I' " ' "WORt(SHOP' "',," ,". d:,SOBJEC'T December 6-8 AMC Annual Confelence Decembor 7 Cancel meeting December 14 Agenda . \ EXPLANATION The Association of Minnesota Counties will host its annual conference at the Radisson South Hotel 111 Bloomington Conflict with AMC Annual Conference. The County Board may cancel its meeting scheduled for December 7, 1999 because of scheduling conflicts with the Association of Minnesota Counties Annual Conference scheduled for the same date The County Board will be holding a Truth in Taxation meeting the evening of December 2, 1999 Adopt Final Budgct The County Boald IS Icqulred by state statute to adopt its final budget following its Truth in Taxation hearing and set the levy for 2000. 1 he levy cannot excced that which was adopted on September 14, 1999 . . AGENDA! I DATE WORKSHOP SUaJSCT EXPLANATION December 14 Agenda Set Commissioners, Elected The County Board will set the salanes for 2000 for the Depaltment I-leads and Commlssionels, ShCliff, Allollley and AdnlllllshdtOl County Admirllstr ator's 2000 Salanes December 14 Workshop Offender Fees The Court Services Department will be meetlllg wrth the County Board to discuss trends In out-of-home placement of juvelllle offenders, and the DepJrtment's future direction In setting ami collectlllg user fees December 14 Agenda County comments proposed The CIty of Strllwater has advised the County of their proposed or21 TIF I-lousing District in plan to establish a Development District and Tax Increment Stillwater Housing District In the long lake area in the CIty of Stillwater The County Board will be approving County comments on the proposed distnct to be presented at the public heanng to be held by the city council on December 21, 1999 beglllnlllg at 7 00 P m December 21 Workshop Purchase of Development The Office of Adrmnist,ation will coordinate a workshop to Rights diSCUSS With the I3mud the status of the development of an ordinance to implement purchase of development nghts as planned III the County's 2015 Comprehensive Plan Staff wrll also lJe seeklllg direction from the County 130ald as to the next step in developing the Oldlllance December 2 I Worksllop Envllonmelltal Health The Depclrlmellt of PulJllc Health and ElIvIlonlllelll wlll,evrew Ordinances proposed changes in the County's OIdlllance concer/lIng food establishments, lodglllg eSlablrshments, manufactured home parks, and leCleational camplllg facilities . . AGENDA! DATE WORKSHOP SUBJECT EXPLANATION December 21 Workshop Proposed PDR Ordinance The County Board will participate in a workshop with the Office of Administration regarding the draft PDR ordinance, Comments have been received from the Planning Advrsory Commission, the Parks and Open Space Corlllnisslon, and the County Allor ney December 21 Public Ileanng - TUIll Back of County Road 53 The County Board will conduct a public hearlllg at 6'30 p m. in Scandla rown the Scandia Town 1-1 all to receive comments on the County's Hall - 6 30 P,Ill, proposal to tUIll back to the Town of Scandra Jurisdiction for County Road 53 which has no Countywide significance and serves only as a local load December 28 Cancel Meetlllg The County Ooard intends to cancel this meetlllg because of the hol iday week December Agenda Review of County Mining The County Board will consider an amendment to the County Ordinance mining ordlllance to establish crrtella fOI the use of "boil ow pits" on road improvement projects December Workshop 2000 legislative Agenda The County Board will review the legislative Agenda of the (AMC, MICA, Washington Association of Minnesota Counties, Metropolitan Inter-County County) Association, and items specific to Washlllgton County as proposed by the County Commissioners and Department I-leads. The legislative Agenda as adopted Will serve as the County's position in commulllcating with State Legislalors during the upcoming legislative session -- . . DATE December December December December 2000 January 4 AGE,NOAl WORKSHOP Agenda Workshop Workshop -lour Meeting SUBJECT Request by HRA for DistribuLion of Excess Landfall PloJect Funds Rail COlridol Management Road Maintenance Conti acts FOlest Lake License Ccnter AnnualOrgalllzatlonal Meetlllg . . EXPLANATION The Washlllgton County I-IRA has requested the County's support for payment of $120,000 of the Issuer reserve fund flom the landfall terrace proJcct pursuant to the IIldenturc of trust document. rhis request IS currently belllg reviewed by the Accountlllg Department to deter mille ItS consistency with the bond documents and Will be brought to the County Boald for action once the review has been completed The Regional Rail Authority will review a uraflmanagement plan for designated commuter rad or light rail corndors III Washington County The County Board will review the methods by which the Department of Transportation and Physical Development establishes rates for Its contract road marntenance with other local umts of government to ensure that the rates charged for the contract work approprrately covers the cost of provlcllIlg the service "' he County Boaru will holu ItS annual organizational meetlllg at which tllne It Will elects Its Chair, Vice Chair and make appointments to the various County, Stale anu Melropolltan and National Comnllllees anu Boarus AGENDA! DATE WORKSHOP SUBJECT EXPLANATION January 4 Public I-leal ing 2000-2004 ClP (500 pill) The County Board will conduct a public heanng to lecelve commcnls on ils plOposed 2000-2004 Capllalllllplovclllcnl PlOgram which includes capital ploJects IIllhe meas of facililles, lOad and bndges, parks and technology January 11 Reception Commissioner Reception (or Counly Employees January 11 Meellllg Slale LegislatOls Ie 2000 Session January 18(7) Workshop Commercial Solid Waste The Department of Public Health and Environment will review Selvice Charge 2001 proposals for developing a commercial solid waste selVlce charge based on volume January Closed Session First Entity Tax Break The County Attorney and Assessor Will conduct a closed Program session with the County 130md to update them on the status of a class action suit in which Washlllglon and seven other counties are defendants February 1 Workshop Transportation Workshop with The County Board will continue Its diSCUSSion With the Met Council (Continucd flom Metropolitan Council onlransporlallon and 1I ansltlssUCS November 2, 1999) ~ . . ,'. . . ChaIr: Call To Order A2enda: Mmutes: Treasurer: Attornev: Planner: En2ineer: Public Works: CJer!{: Stillwater Township December 9, 1999 HIcks 700pm Regular ;\Ieetmg Adopt Approve ;\Imutes November 10 and November 16, ] 999 1 Report 2 Clalffis & Checks 3 RIck SandqUIst re Investments 4 Adopt 2000 Budget 1 ReVIew Haulers LIcenses 2 Baler Sale ] Set Escrow Policy 2 Zoning Ordmance 3 Schmoeckel Lot Adjustment ] Miscellaneous Committees: Reappomt CommIttee Members (Yoho, Hunter, Jungbluth) Peonle: 8:00 P~1 ] John MelVIlle re AthletIc Fields 2 'Waste :\.1anagement 3 Karen RIchtman Proposal EnvIronmental ActIVity Old Bnsmess: DIscuss Park Plan "ew Business: Adiourn 12 '04 1999 Pat Bant!l '. ~m - US Army Corps of Engineers St Paul Dls'trn::: Public Notice ~~PLICANT: M~c Todo Marine Servl.ces Inc. ISS~:December 3, 1999 EXPIRES: Janua.ry 3, 2000 R3FER TO: 00-00579-DJS SECTION: ~O - R~vers & Harbors Act of ~899 1. APPLI~~TION FOR PErtMIT TO place a barge and spud poles ~n the St. Cro~x R~ver. 2. SPECIFIC INFORMATION. APPLIC~~'S ~~DRESS: 16355 18th Street Sou~~ Lakeland, MN 55043 PROJECT LO~~TION: The project site ~s located ~~ Sec_ 34, T. 30N., R. 20W., Wash~ngton County, M~nnesota. The proJece locat~or.'s approx~maee U~~versal Transverse Mercator (u~M) coord~r.ates are Zor.e 15, Noreh 4987860, East 576100. . EACKG~O~u: The C~ty of Stillwater owns prcperty aCJacent to the Se. Croix R~ver and ~t is located 1 m~le sou~h of t~e h~stor~c St~llwater L~fe Br~dge. The property was leased by the c~ty to the A~ple Barge, Tow~ng & Mar~ne Company until 1998 and has 250 feet of r~ver frontage. Currently, there ~s no act~ve business ente~rize at the properey, but the C~ty moors the~r barge the "Cayuga" at the s~te. Th~s proposal does not ~nclude that vessel as pare 0= the proposed proJect. DESCRIPTION OF PROJECT: The appl~cant proposes to secure a 54- foot long by 34-foot w~de barge along the shorel~r.e Just dcw~stream from the ex~se~ng cargo flat. Th~s barge would be held ~~ place w~th two spud poles measuring 20 feet long by 14 ~nches ~n d~ameter. The barge would re~a~n in-place on a year round bas~s, a~d would be used to moore a tugboae. The purpose of the proposed proJece ~s to prov~de local harbor serv~ce to all mar~ne act~v~ey ~nclud~~g pleasure boaes, f~s~~ng boats, and other waeercra=t. The tugboat, measur~ng 39 feet long by 9 feet w~de, would be ~oored on a seasonal bas~s adjacent to the barge. Th~s tugboat wculd be re~oved from the r~ver ~n the w~nter months. A movable cra~e would be pos~t~oned on the exist~ng cargo flat to remove salvage from the tug or barge. Wh~le a Department of the Army per~~t ~s no~ requlred to moore the tuaboat or ut~l~ze the moveable cra~e, we wo~ld consider the~r ~mpaces a; secondary to the proposed proJect. These secondarI ~macts would be cons~dered ~n our publ~c ~nterest rev~ew of t~e proposal. . VEGeTATION IN AF?ECTED AREA. Dec~duous r.arcNoods aCjace~~ to a rocky/sa~dy s~orel~~e. Su~~Ou~~:NG ~_~ USE Res~de~t~al a~d recreat~ona:. December 3, 1999 CEMVP-CO-R (OO-00579-DJS) SUBJECT: Not~ce of Application for Pe~t \,; ~GET]l._TION IN AFFECTED 1>..REA Yocky/sa~dy sr.crel~ne. Dec~d~ous hardwoods adJacent a .'j S~~OulNDING L~~ VS~. Res~dent~al ar-c recreac1onal. ---;:)T --""/COMM'~ ....... ~. ~~--~~~ ~N_S. :~ceYested paYt1es are ~nv~ted to submlt to t~~s O~I1ce wr1~ten facts, a=gume~~s, or obJec~lons w~th1n 30 days of the date of thlS r.O~lce. These s~ace~ents should bear ~pcn tr.e sU1cab1l1ty of the locat~on a~d the adequacy of the proJecc a~d s~ould, 1f approprlate, sugges~ any changes bel1eved to be des1rable. Comments rece1ved way be fO~Nayded to the appl1cant. Repl1es may be addressed to Regulatory B~anch, St. Paul D1s~r1c~, COYPS of E~glr.eers, 190 F1fth Street Eas~, Sa~nt Paul, MN 55101-1638. OY, I? YOU F-Av~ QU~STIONS ABOUT THE PROu~CT, call Dan J. Seemon at t~e S~. Paul off1ce of the CoYps, telepr.cne number (651) 290-5380. 4. F~~ER~~LY-LISTED TEREATEN~D OR END]l.~G~RED WILDLIFE OR PLJl.~TS OR T?EIR CRITICJl.L F~~ITAT. None were 1den~lf1ed by the appl~cant o~ are ~~own to eX1S~ 1n t~e perm~~ a=ea. However, Wash1ngton County lS wlthi~ the know~ or C1StO=~C range of the follow1ng Federally-l1s~ed tr.reatened (T) and e~dar.geYed (E) spec~es: . SneC1es Eab1tat Peregr1ne falcon (E) Bald eagle (T) Elgg~r.S' eye pearly mussel (E) Breed~ng Breed1ng and w1nter1ng St. Croix R1ver T~lS appllcatlon ~s be1ng coord1nated w1~h the u.S. F1Sh ar.d wildllfe Serv1ce. ]l._~y comments 1t may have concern1ng Federally-l1sted th=ea~ened or endangered w~ldl1fe or plan~s o~ thelr cr1c1cal hab1ta~ w1ll be cons1dered ~~ our f~nal assessmenc of the descr~bed work. c:: JL'"RIS:lICTION. T~~s p=oJecc corr-es under the regulatorj Jur~sdlct~on of the Corps of Eng~neers because tr.e St. Cro~x R1ver lS a navlgable water cf t~e Unltec. States. R~GwrLJl._TO?? Au~HORITY: Th~s appl1ca~~on w~ll be reVleWec. accorclnc to the orOV1Slons of Sect~on 10 of the R~ver and Har=or Ac~ of 1699 (33 Ur.lted States Code 403) . TE~ A~~LICF~T E~S STATED Ta~T T3E FOLLOWING STATE, COL~~?, ]l.~B/O? LOC~~ =~~~ITS E~VE BEEN APPLIED FO?/ISSu~~ M1~~escca Depa~~~e~t of ~at~ral Resources. . 2 December 3. 1999 CEMVP-CQ-R (OO-00579-DJS) (~:~~::~OR::::~:_~::~;~~:::~~n T~1s publ1c noe1ce 1S be~ng sent to the Na~1onal Park Serv1ce, tee Scaee Archaeolog1sc, and the State H1see~1C Prese~at1on Off1ce~ to dete~1ne 1f there are ~~o~ cultural resou=ces wh1ch may be affeceed by the descr1bed work. Any unknown archaeolog1cal, sC1ene1f1c, or h1stor1cal data could be lose or destroyed by ehe work desc~1bed 1n the permit appl1cat1on. However, the laeest ve~S1on of the Nat1o~al Reg1seer of H1stor1C Places cas been cor-suIted a~d no 11seed propert1es (known to be elig1ble for 1nclus1on, or 1ncluded 1~ tr.e Reg1scer) a~e located 1n the proJect area. for per:nit 7. PtJELIC EEARING REQUESTS. ~_~y person may request, 1n w~1t1ng, w1th1n the comment pe~1cd spec1f1ed 1n th1s not1ce, thac a publ1c cear1ng be held to cc~s~der th1s applicat1on. Requests for publ1c cear1ngs shall state, 1n deta11, the reasons for hold1ng a publ1c cear1ng. A requesc ~ay be den1ed 1f substant1ve reasons for hold1~g a hear1ng are noe prov1ded or 1f there 1S oeherw1se no va11d 1nee~est to be se~ed. 8. PUBLIC INTEREST REVIEW. . The dec1s1on whethe~ to 1ssue a perm1t w1ll be based on an evaluat10n of the probable 1mpact, 1nclud1ng cumulat1ve 1mpacts, of the proposed activ1ty on the public interest. That dec1s1on will reflece the nat10nal concern for both protect1on and ue111zat1on of 1mpcreant resources. The benef1t which reasonably may be expected to accrue from the proposal muse be balanced aga1nst its reasonably fo~eseeable detriments. All factors wh1ch may be relevant to the proposal w111 be cons1dered, 1nclud1ng the cumulative effeces. Among those are conservat1on, econom1CS, aesthet1cs, general env1ronmental concerr.s, weelar-ds, cultural values, f1sh and w1ldl1fe values, floed cazards, floodp:a1n values, land use, nav1gat1on, scorel1r.e erOS1on ar.d accree~on, recreat1on, water supply and conservat1on, water ~aI1ey, ener~y needs, safety, food and f1ber product1on and, 1n gene~al, tee needs and welfare of the people. Env1ronmental and othe~ documer.es w1l1 be ava11able for reV1ew 1n the St. Paul D1str1ce Off1ce. . 3 December 3, 1999 CEMVP-CO-R (QQ-QQ579-DJS) SUBJECT: Notice of Appl~cation for Permit T~e Corps of Ens~r-eers ~s s~1~c2t~ng co~mer-cs from the publ~c, . Feceral, Sta~e, a~d local acenC2es and cff~c2als; Ind~an tr~bes, ar-d oc~er 2ncerested oart2es ~n-order to ccr-s~der and evaluate the ~~paccs of th2s p~oposed ac~~v~ty. Any cowmencs rece2ved w~ll be cor-s~dered ~y t~e Cores of Enc~neers tc de~erm~~e whether to ~ssue, modlfy, conc~t~or-, or-deny a perm~t for th2s proposal. To make th2S cec2s2on, commen~s are used to assess ~mpaccs on endangered spec2es, h2stor2c propert2es, water qual~ty, ger-eral env2ronmental effeccs, ar-d the ocher publ~c ~~terest factors l2sted above. Comme~ts are ~sed 2~ the preparat~on of an Env~ronwer-cal Assessme~t and/or an Env~ronmencal Impacc Statement pursuanc to che Nac~o~al Env~ronmental Po12cy Act. Comrr.e~cs are also used to determ2ne the need for a publ~c hear2~g ar-d to determ2ne the overall publ2c ~nceresc 0= the proposed acc~v2ty. :2:r:closures ? di,Ly ~.w/C Ralp~ J. Ausust~~ Ch2e=, W~scor:S2n Perm2ts Secc~or- NOTIC~ TO EDITORS: 2r:=ormat20n a~d 2S Th2s publ~c not~ce 2S prov~ded as background noc a request or contract for publ~cat~on. . . 4 (' ~ , C- I ...-- . ....'\ ,.-- 1/ .r...-.... ~d _ ~.r- -... - ---- -./"'- o ~ ..:E pro.)ec.t 50 ITe:-- 00- oC5'1<i- O:Fs- ,eA<:t e: \ Cl (' .3 - ---- ...:::::, -----, '- , " " " .~~ . : ,179 27 _...... 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'-" I ''-,- --\ --... -- -.. .>.. =-::'~I':'r;TI:'W ';. '':,'l[m'llll~mr.Jm!! ......, /" "- "'-'- -- '\ ",.'" ....... d' ,"" . .. N.l!..'- I, tl~V"~H'''--2-! YI>!,~~J_~~I!. -----.....- --~ -"-.. -- \ " IA'to/~ ff I" .: I' \ .,....\'1- )\"<Jv'bl \ A _,~ t /t1iI--~ 1 //-1 -. ~---.~I(nyI -...... .... '- -.-...-..- 11111 t, /J_(I~V"tl"/1 ,-.yl!..',/ 1'.t'''I_~I.t 00- 00 S 7'1 - D:.rS ?A9e.. '6 o~ 3 . --- ~ . -"-- -- . - - . ( . 0;::::: ~ - <- CJtm Public Notice US Army Corps of Engineers }...PPLICANT: Wolf Marine, I:J.c_ St Paul Dlstnc: iSS~: December 3, 1999 EXPIRES: January 3, 2000 REFER TO: 00-01186-DJS SECTiON: 10 - Rivers & Harbors Act of 1899 1. APPLI~~TION FOR PER~IT TO place a barge ln the St. CrOlX Rlver. 2. SP~CIFIC INFOR~~TION. APPLIC~2JT'S ~~DRESS: 514 East Alde~ Street Stlllwater, MN 55082 PROJECT LOCATION: The proJect slte lS located ln Sec. 21, T. 30N., R. 20W., Washlngton County, Ml~~esota. The proJect locatlon's approximace Unlversal Transverse Mercator (UTM) coordlnates are Zone 15, Norc~ 4991200, East 515400. . DESC~IPTION OF PROJECT: The appllcant proposes to place a barge on a seasonal basis in the St. CrOlX Rlver. The barge would measure 120 feet long by 10 feet wlde. The barge would be anchored by two (2) spud poles, one in the bow and one ln the stern. The spud poles would measure 20 lnches ln dlameter by 30 feet long. The bow would be anchored ln approximately 10 lnches of water and the stern, 2 1/2 feet of wate~. The barge would be placed at the same location a~ually from Decew~er to Aprll and then re~oved to dry dock at t~e marina, for the remalnde~ of the year. The purpose of the barge lS to slmulate a wingdam and deflec~ lce flows away from the marl~a. The Browns Creek outlet discha~ges water near the marlna (see map). ThlS warme~ wate~ mlxes wlth tee colder water of the St. C~OlX Rlver causlng open water ln wlnter and the downwa~d flow of lce into the marlna. Damage to the mari~a ~as occured Slnce the wlnter of 1984-85. VEGETATION IN AFFECTED ~2~_: Scattered declduous hardwoods w~th a sandy shorellne. SURROu~uING ~~u USE: Recreatlonal and residentlal. . 3. REPLIES/COMMENTS. I~teres~ed par~ies are lnvlted to submit to thlS C=Ilce W~l~~e~ facts, a~g~ments, C~ obJectlons wlthlr. 30 days c= ~he da~e of ~~iS nO~lce. T~ese sta~e~ents should bear upo~ t~e su~~abillty c: ~he location a~d tr.e adequacy 0: the proJec~ and shc~lc, lf a?~~8~~la~e, December 3. 1999 CEMVP-CO-R (OO-Ol186-DJS) SUBJECT: Notice of Application for Per.n~t s~ggest any changes belleved to be des~=a=~e. COLLments rece~7ed ffiay ~ be fo=warded to t~e appllca~c ~ , Replles may be add=essed tc Regulatory 3=a~c~, S~. Paul D~s~=~c~, Corps of Englneers, 190 Flf~h Stree~ ~as~, Sal~~ Pa~l, MN 5=lOl-1638. Or, I? YOU a~VE Qu~STIONS F30UT TEE FROJ~C7, call Dan J See-or- ac tne St. Paul offlce of tne Corps, tele;~or-e nULDer (651) 290-5380. 4. FEDEP~LLY-LISTED TEREAT~ED OR ENuF~G~~~D WILDLIFE OR FLF~7S OR 7~~!R CRITICF~ F~EITAT. None were ldenclfled by the appllcanc c= a=e ~own co eX1S~ 1~ c~e permlt area. However, Wash1ngcon Co~ncy lS wltcln the know~ or hlstorlc ra~ge of the followlng Federally-lls~ed threatened (~) ar-c endangered (E) specles: Soecles Eab~tat Peregrine falcon (E) Eald eaale (T) Elggl~s7 eye pearly mussel (~) B=eed:.~g E=eea~~g a~d ~~~~e=~~g St. CrOlX Rlve= ThlS aoollcatlon lS belna coordlnated Wlt~ the u.S. F1Sh a~d W~ldll=e ~erv'c~- ~ny comments 't- rn-y h-v~ co~cc~--na ~~~~~-l'y_"~-c~ "-oi' _ _ _. .l'"'__ .. _ c::. c. _ __ _____.1__ .. ____a.__ ___ ___ threacened or endangered wlldllfe or p~a~cs or chelr crltlcal r.a~lta~ wl11 be consldered In our flnal assessme~c of tne descrlDed wcr~. . 5. J(JRISDICTION. T~lS proJect comes under the regulatory J~rlsdlctlon of the Corps of Er-glneers because the St. Croix Rlver lS a nav~gable water 0= tee Ur:1ted States. REGLrLA70RY AUTHORITY: ThlS appllcaclon wlll be revle~ed accordlng to the prOV1Slons of Sectlon 10 of tne Rlve= and Ea=~c= Acc 0= 1899 (33 Unlted States Code 403). TE2 APPLI~~~ F~S STATED THAT TE~ FOLLOWING STATE, COL~7~, F~/OR LO~~~ PERMITS F-AVE EEEN APPLIED FOR/ISSUED: No~e a~ C~lS tlme. 6. EISTORICF~/F~CEa~OLOGICF~. Th~s ~ubllC r:otlce lS belng sent to the Natlonal Par~ Servlce, t~e State A=chaeolcglst, and the State ElstorlC Freservatlon O==lcer tc determlne If there are known cultural resources whlcn way ce af=ec~ed by the descrlbed work. ~~y unknown archaeologlcal, sClentlf~c, c~ hlstorlcal data could be lost or destroyed by tee work desc=~=ed l~ the permlt appllcatlon. However, the laces~ verSlO~ of the Xa~lcnal . Reglster of Els~orlC Places has been ccnsu~ted a~d r-o llste~ p=opercles (~~own to be ellglble for ~r-cluslor:, 0= ~~clL~ed ~~ t~e Reglster) a=e located In the proJect area. 2 - . December 3, 1999 CEMVP-CO-R (OO-Ol186-DJS) SUBJECT: Notice of Application for Pe~t" 7. P'lJ3I...IC EE1L~ING REQUESTS. ~~y perscn may request, ~r. wr~t~ng, w~th~n the ccmmer-t pe~~oc spec~f~ed ~n this not~ce, that a publ~c hearing be held to cons~ce~ th~s a~pl~cat~on. Requests for publ~c hea=~ngs shall scate, ~n deta~l, t~e reasons for hold~ns a publ~c hear~ns. A reques~ may be den~ed ~f subscant~ve reasons for hold~r.c a hear~nc are not ~r~v~ded or ~f the~e is ocherw~se no val~d ~ntere~c co be served. - 8. PUbLIC INTEREST REVIEW. The dec~s~on whether to ~ssue a permit w~ll be based on an e7aluat~on of the probable ~mpacc, ~nclud~ng cumulat~ve ~mpacts, of the proposed act~v~ty on the public ~nterest. That dec~s~on w~ll reflecc che r.at~onal concern-for both protecc~on and ut~lization of ~moor~ant resources. The benef~t which reasonably may be expected to accrue from the proposal must be balanced aga~nst ~ts reasonably foreseeable detr~mencs. All factors wh~ch may be relevant to the proposal w~ll be cons~de~ed, ~nclud~na the cumulat~ve effects. Arnone those are - - conservat~on, economics, aesthet~cs, general env~ronmental concerns, wetlands, cultural values, fish and w~ldlife values, flood hazards, floodplaln values, land use, nav~gation, shorel~ne erOSlon a~d accret~on, recreat~on, water supply and conservat~on, water qual~ty, ene~gy needs, safety, food and f~ber production and, in gene~al, the needs and welfare of the people. Environmental and other documents wlll be avallable for rev~ew ~n the St. Paul D~scr~cc Off~ce. The Corps of Eng~neers is solicit~ng comments from the publ~Ci Fede~al, State, and local agencies and officialsi Ind~an tribesi and other ~nterested part~es ~n order to cons~der and evaluate the ~mpacts of th~s proposed act~vlty. ~~y comments rece~ved w~ll be cons~dered by the COrp9 of Eng~neers to determ~ne whether to ~ssue, mod~fy, cor.dltlon, or deny a perm~t for thls proposal. To ma~e thls dec~s~on, comments are used to assess ~mpacts on endangered spec~es, h~storlc propert~es, water quality, general environmental effects, and the ocher publ~c ~nterest factors l~sted above. Comments are used ~n the preparat~on of an Environmental Assessment and/or an Env~ror.mer.tal Impact Statement pursuant to the Nat~onal Env~rcnme~tal Pol~cy Acc. Comments a~e also used to determ~ne the need for a publ~c hear~ng and to determ~ne the overall publ~c ~nterest 0= the proposed acc~v~ty. ~,~ 9 C~w-c... . Enclosures Ralph J. August~n Ch~ef, W~scons~n Pe~~ts Sect~on 3 ~:;; ,/ 1/ /' !!;.";; I cJ - J - - ~ - , a ~ ~l I ~CS'\ Il' , I' I No ' ~~.a ~-~ 1..) 1,;)'" r~r ""OLF ~ ~lNE ~Y!fI/J!!J ..... I <: "~c."'" i1e".,r,ol"l -';1.-' . \ \ ." '0,1. tfu: tJJU1%J.t.::fui 5 t. C;l]r~.: \U 1.1II___ \"''-- ~.. & ~ 1"'--" r'" -, ~ 61lS - '.-... ~ 111 \.Il.- ~'I": . 0 c.. ,~ . _i_ o~ )...~~ o~)lP I. "'---- ="'-- -t~~ ~ .'--- ;, ----~~- , ..r-- a:. n'.--- '\.. ---t"C ~E. ~..'l:: ... ""--- ~n._ -f' ~ i 11II- ----1... -...t::: ~ 1"'- ~..c=. -.. .--,. '" r- --;"'- ----:::l-- p~' -,.., ...- -''''- , -, .'-- -""- ----, .c::. --J, ....-- -., ----:..t=: =1' ~ '-- -,.C ~~ \\,- . -" --""I --l" '\--: ,I' -1'- =='c:= --ls 1..- _,;--- "L-- .--J...- ~Iol_ -G "'-- . ~$t:= s!....-- ::::=." '--- :I. "\- ""-..,, -----l:.~ I J.'-- .... -.1"- '::1- '~I- ~ :1.1 :=::1~ ~C .'1 \ I I I ZoO X 10 e~- 15."0 - -- - -- " " , ~I ~ . + "" . 11/0 t to s~../e Q()- 0 \\~~- o:rs (,,~~ 2-rtL) ~.." o'-'''c-1 ~ r- OC: TAA\\,.eo\ rl"lo\lI..'" '" &.4,- .A~C to\" '. . '. AGENDA ITEM 4.A. Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes November 9 , 1999 Board Members Present. Bill Fredell, Nick Gorski, Pat Lockyear. Victor Myers, Sue Nelson, Dave Ruch. Absent John Baird, Bill Hickey, Ken McFayden Staff present Lynne Bertalmlo, Carolyn Blocher 1. Can to order: The meeting was called to order at 7 07 P m by President Ruch. 2. Adoption of the Agenda: The agenda was adopted (MISIP Lockyear/Fredell)) 3. Communications: We received a $5,000 Tozer Foundation Grant A note In the suggestion box requested more qUiet study areas 4. Consent Calendar. The Consent Calendar was adopted with payment of bills In the amount of $27,54554 (MISIP Nelson/Lockyear) 5. Review of policies and issues - PRlPV Marketing: We have two volunteers Willing to help us With our plan The Board expressed the tmportance of determining which stones Will be the focus of our marketing plan 6. The Board decided to put policy reviews Into the consent calendar for 2000 In that way, the Board can move It Into the regular agenda for diSCUSSion and action 7. The 2000 budget reVISion was approved em/sIp LockyearlFredell) a Upon staff recommendation the Board voted to be open on the Saturdays of Labor Day and Memonal Day weekends em/sIp GorskllLockyear) \~ 9. A policy covenng Issues surrounding the Fnends organization and ItS relationship With the Board/library (I e the library mall list, the donation of used books to the Fnends, etc.) IS an Issue we Will send to the City Attorney for hiS opinion. Minutes - Board of Trustees Nov 9, 1999 page 2 1 O. We discussed ways to attract new Board members . 11. The staff IS will develop a library wish list to be used In generating possible donations. 12. The lost Item recovery effort IS working well 1 3. BUilding Committee - work IS being accomplished (tuckpotnlng, flashings, planter removal, etc.) Executtve Committee - met to discuss future Issues and planned the annual personnel reVIew of the director In December 1 4. Adjournment: All business being completed the meeting adjourned at 8 09 p m . .