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HomeMy WebLinkAbout1996-06-04 CC Packet REVISED AGENDA ** CITY OF STILLWATER CITY COUNCIL MEETING NO. 96-15 June 4, 1996 - REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator 1. Update: Purchase of Territorial Prison Site 2, Transportation issues/Burlington Northern Railroad - David Paradeau 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - May 21, 1996 Special and Regular Meetings PETITIONS INDIVIDUALS DELEGATIONS & COMMENDATI NS 1. Pat and Roger Hoyt - Request for adjustment to SOC charges (i ~I OPEN FORUM ' The Open Forum is a portion of the Council meeting to address Council on s~bjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statFment or may give direction to staff regarding investigation of the concerns expressed. ! e CONSENT AGENDA * 1. Resolution 96-135: Directing Payment of Bills. 2. Exemption from Lawful Gambling License July 21, 1996, and Temporary 1-3 day on-sale Liquor License, July 20-21, 1996 - Church of St. Michael 3. Temporary On-sale 3.2% Malt Liquor License - Music on the Waterfronf 4. Resolution 96-136: Seasonal Employment of Parks/Public Works Maintenance Workers 5. Resolution 96-137: Seasonal employment of lifeguards 6. Contractors Licenses: Renewals - Signart Co, Inc.; Construction Labor Forces, Inc., dba Rite- Way Waterproofing; Countryside Pools, Inc.; New - EFH Company, General Contractor. 7. Purchase of computer - Finance Department fl)8 Peddler's License - David Rochlin, July 4, 1996 9. Approving use of funds for Levee Wall Project 1 . Removal of diesel storage tank 11. Private septic system at 14440 Dellwood Road 12. Purchase of monitor and keyboard - Police Department-records department 13. Approving Change Order No, 1, City Hall Building Project. City Council Agenda 96-15 June 4, 1996 PUBLIC HEARlNGS / This is the day and time for the public hearing to consider the revocation of a kennel license at 717 Second Street South. Notices were mailed to affected property owners. INISHED BUSINESS Update: Pioneer Park meeting held May 29, 1996 ~ Report: Metropolitan Council final adoption of Comprehensive Plan tt: Orderly Annexation Agreement . fd Cain, Legislative Associates - Stillwater Levee and Flood Control Project ..$ Report from Downtown Parking Commission: Handicapped parking space at comer of Commercial and Second e.. jff Possible second reading of ordinance amending fee schedule for mechanical inspections Y Update: Cost of implementation of Internet Task Force recommendations ,,/' Water Use Permits . W BUSINESS Approval of new on-sale wine and 3.2% malt liquor license - Stillwater Grill 2./Proposed Amendments to Browns Creek Watershed Management Organization Joint Powers Agreement. /- Request from Downtown Parking Commission for purchase of n+ bicycle racks for downtown. 'I / Presentation of Downtown Summer Circulation Bus Service for ~ummer 1996 l Approval of Housing Assistance Plan for Livable Communities fct r Request for assessment abatement 7) Possible acquisition of Outlot A of Highlands Fifth and Sixth Additions 8. Resolution: Award bid/or asbestos removal, City Hall/Fire Hall Renovation Project PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REOUESTS 1. Notification of receipt of Historical Society Grant COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT _ I * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion, There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately, ** Items in italics are additions to the agenda AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 96-15 June 4, 1996 ~ REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator 1. Update: Purchase of Territorial Prison Site 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL 4 APPROVAL OF MINUTES - May 21, 1996 Special and Regular Meetings PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Pat and Roger Hoyt - Request for adjustment to watermain and SOC charges OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give'direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA * 1. Resolution 96-135: Directing Payment of Bills. 2. Exemption from Lawful Gambling License July 21, 1996, and Temporary 1-3 day on-sale Liquor License, July 20-21, 1996 - Church of St. Michael 3. Temporary On-sale 3.2% Malt Liquor License - Music on the Waterfront 4. Resolution 96-136: Seasonal Employment of ParksIPublic Works Maintenance Workers 5. Resolution 96-137: Seasonal employment of lifeguards 6. Contractors Licenses: Renewals - Signart Co, Inc.; Construction Labor Forces, Inc., dba Rite- Way Waterproofing; Countryside Pools, Inc.; New - EFH Company, General Contractor. 7. Purchase of computer - Finance Department 8. Peddler's License - David Rochlin, July 4, 1996 9. Approving use of funds for Levee Wall Project 10. Removal of diesel storage tank 11. Private septic system at 14440 Dellwood Road 12. Purchase of monitor and keyboard - Police Department records department e PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider the revocation of a kennel license at 717 Second Street South. Notices were mailed to affected property owners. City Council Agenda 96-15 June 4, 1996 UNFINISHED BUSINESS 1. Update: Pioneer Park meeting held May 29, 1996 - 2. Report: Metropolitan Council final adoption of Comprehensive Plan 3. Orderly Annexation Agreement 4. Ed Cain, Legislative Associates - Stillwater Levee and Flood Control Project 5. Report from Downtown Parking Commission: Handicapped parking space at comer of Commercial and Second 6. Possible second reading of ordinance amending fee schedule for mechanical inspections 7. Update: Cost of implementation of Internet Task Force recommendations 8. Water Use Permits NEW BUSINESS 1. Approval of new on-sale wine and 3.2% malt liquor license - Stillwater Grill 2. Proposed Amendments to Browns Creek Watershed Management Organization Joint Powers Agreement. 3. Request from Downtown Parking Commission for purchase of two bicycle racks for downtown. 4. Presentation of Downtown Summer Circulation Bus Service for Summer 1996 5. Approval of Housing Assistance Plan for Livable Communities Act 6. Resolution: Change Orders - City Hall Building Project 7. Request for assessment abatement 8. Possible acquisition of Outlot A of Highlands Fifth and Sixth Additions PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REOUESTS 1. Notification of receipt of Historical Society Grant COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. e J>.c... VALUE OF CONSTRUCTION TO DATE MONTH BUILDING PLUMBING MECHANICAL ACCUMULATION JANUARY $301,800.00 $3,800.00 $22,250.00 $327,850.00 FEBRUARY $459,400.00 $36,000.00 $28,700.00 $524,100.00 MARCH $5,618,000.00 $31,950.00 $33,782.00 $5,683,732.00 APRIL $1,879,400.00 $138,061.00 $895,672.00 $2,913,133.00 MAY $5,272,498.00 $313,500.00 $390,099.00 $5,976,097.00 JUNE $0.00 JULY $0.00 AUGUST $0.00 SEPTEMBER $0.00 OCTOBER $0.00 NOVEMBER $0.00 DECEMBER $0.00 TOTALS $13,531,098.00 $523,311.00 $1,370,503.00 ~,~l.~:UU TOTAL VALUATION FOR 1995 = $24,654,214.00 TOTAL VALUATION FOR 1994 = $22,009,572.00 TOTAL VALUATION FOR 1993 = $39,394,302.00 . Page 1 ~ ~ INCOME TO DATE MONTH BUILDING PLAN REV. PLBG. MECH. TOTAL JANUARY $3,296.50 $1,132.30 $55.00 $265.00 $4,748.80 FEBRUARY $4,867.00 $1,356.88 $315.00 $440.00 $6,978.88 MARCH $10,840.00 $4,124.15 $440.00 $450.97 $15,855.12 APRIL $14,641.50 $5,293.93 $1,498.95 $3,881.54 $25,315.92 MAY $31,760.25 $13,069.06 $1,859.00 $2,292.49 $48,980.80 JUNE $0.00 JULY $0.00 AUGUST $0.00 SEPTEMBER $0.00 OCTOBER $0.00 NOVEMBER $0.00 DECEMBER $0.00 TOTAL $65,405.25 $24,976.32 $4,167.95 $7,330.00 'lIJJUi.,62 i 1 ! i ~ J . I l I I. ! f ':i ( )1 :('1 '.1 ~I . Page 1 INSPECTION DATA . PERMITS ISSUED 1994 1995 1996 INSPECTIONS 1994 1995 1996 JANUARY 45 40 20 JANUARY 269 172 79 FEBRUARY 47 46 39 FEBRUARY 295 89 72 MARCH 75 67 51 MARCH 211 111 94 APRIL 72 120 100 APRIL 281 205 149 MAY 83 111 99 MAY 201 213 192 JUNE 83 85 JUNE 186 221 JULY 109 91 JULY 201 180 AUGUST 165 99 AUGUST 292 220 SEPTEMBER 145 73 SEPTEMBER 303 133 OCTOBER 89 100 OCTOBER 188 146 NOVEMBER 91 68 NOVEMBER 276 163 DECEMBER 48 41 DECEMBER 112 157 TOTAL 1052 941 TOTAL 2,815 2,010 LIVING UNITS CON TRUCT ED ~ BLDG. UNITS .1D5 BLDGS UNITS ~ BLDGS UNITS SINGLE FAMILY 129 129 44 44 8 8 TOWNHOUSE 4 8 2 20 TWIN HOMES 2 2 .1Q 2.0 ~ a TOTALS 135 139 56 84 12 16 TOTAL RESIDENTIAL UNITS DURIN G1991,1Q 92, 1991 ,1994,1995 cod e cycles = 731 . I. Page 1 e . . -. ~cI ~ ~ (,/y/~" MEMORANDUM TO: Mayor and City Council Steve Russell, Community Development Director ~ FR: DA: May 31,1996 RE: UPDATE ON PURCHASE OF OLD TERRITORIAL PRISON FROM MAPLE ISLAND Since being directed at the May 21,1996, Council Meeting to meet with representatives from Maple Island, Inc. (Mil), and the hotel developer, Territorial Coalition, Inc. (TCI), staff has met twice with the groups. As a result of the meetings, the following terms for purchase of the prison property have been agreed upon. Currently, the Territorial Coalition has a purchase agreement with Maple Island to purchase the prison site for $850,000 plus half of the special assessments on the property not exceeding $20,000. The contract also requires the seller to pay $5,000 toward environmental report costs. The purchaser has made a $25,000 earnest money deposit toward the purchase price. Holding costs to Maple Island are an additional consideration to the purchase price. The following terms of purchase have been conceptually agreed to by Maple Island and the Territorial Coalition: 1. ) Territorial Coalition will assign its purchase agreemen~with Maple Island to the City of Stillwater. City of Stillwater will pay $850,000 plus one-half of sp~cial assessments totalling f not more than $20,000 ($870,000 total maximum purchase price). 2. 3. City will use earnest money deposit by TCI in the amount of $25,000 to defray costs of purchase to $825,000, plus assessment. 4. City will allow TCI exclusive right to develop the property by securing its financing and repurchasing the property from the City. TCI will have until December 31, 1996, to secure its financing for the project and to close on the purchase of a portion of the site for the hotel development (City will retain wall and areas above and adjacent to the wall). 5. If TCI does not close or secure financing by December 31, 1996, the City will reimburse TCI $25,000 for earnest money deposit and $5,000 for environmental reporting and land SUNeY costs. t e . . .. 6. The City will sell the hotel portion of the site to TCI for $825,000 plus special assessments paid by the City. The amount will be due and payable 10 years after closing (estimated at January 2007). 7. To address carrying costs TCI will pay for asbestos removal (estimated at $26,000) rather than be the responsibility of Mil, as in current purchase agreement. 8. The City purchase of the prison site from Mil will close July 17, 1996, with $250,000 ($225,000 plus special assessments) due and payable at that date and the remaining $600,000 due September 22, 1996, (one date after proposed closing date for UBC site). The City will enter into a note for $600,000 with MIl. The note will be payable on September 22 or renegotiated for a later date if UBC doesn't close. Issues to consider with purchase. . The City will have carrying costs for hotel property after closing, July 1996 to December 1996. Maple Island estimates cost to be $4,000 - $7,700 per month. (These could be off set somewhat by rental of the site to the bus company). . The UBC sale is set to close September 21 at the discretion of the purchaser. If the deal does not go through, the City would have to find another source of funds for the UBC purchase amount ($600,000). . A development agreement needs to be entered into with TCI to describe the various conditions of City assistance such as City use of parking,~aelineation of City owned park land, obtaining MNDOT easement to wayside or its ~elocation. ! . Responsibility for wall repair and drainage improvementsl special TIF assistance land. It is recommended that a development agreement with terms of development and City assistance be prepared before the City formally makes an offer to the prison site. . City planning review of project. The project will require a special use permit and design review. Although the Heritage Preservation Commission (HPC) assisted and had input into the development of the prison renovation plans, the project has not received City Planning Commission and HPCapproval. Recommendation: Based on the above terms of the purchase, it is recommend that the Council direct the preparation of a development agreement between TCI and the City before purchasing the prison property from Mil (an offer could be made to Mil subject to acceptable development agreement). e CITY OF STILLWATER CITY COUNCIL MEETING NO. 96-14 May 21, 1996 SPECIAL MEETING 4:30 P.M. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka (arrived at 4:55 p.m.), Thole, Zoller and Mayor Kimble Absent: Councilmember Cummings Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Police Captain Bell City Clerk Weldon Press: Julie Kink, The Courier Mark Brouwer, Stillwater Gazette 1. School District Request. Dan Parker, ISD 834 Business Manager, presented a request to conduct a feasibility study relative to the district obtaining utility services at its Stillwater township site, with the cost of the study to be the responsibility of the School District. City Coordinator Kriesel reported letters had been received from Contractor Property Developers Company and Charles Cudd Co. requesting a feasibility study and Environmental Impact Statement be prepared on a joint basis with landowners and the School District. Mr. Parker requested the School District and developer's requests be considered as separate issues. Motion by Councilmember Thole, seconded by Councilmember Zoller to order preparation of feasibility report for School District site and directing staff to begin the process of preparing report for remainder of Phase I of proposed annexation area and begin process for preparing an Environmental Impact Statement for the entire proposed annexation area. Ayes - 3; Nays - 0 (Bealka & Cummings absent). e 1 2. Police Department ReQ.uest. Police Captain Bell reported the two 1996 squad cars will soon be put in service, therefore a 1989 and 1994 squad will be sold. He requested authorization to sell a 1994 Chevrolet Caprice to St. Cloud University for pursuit driving classes and reported the 1989 squad will go to the Washington County auction. e Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the sale of a 1994 Chevrolet Caprice to St. Cloud University. All in favor. 3. Workshop - Internet Task Force. Lyno Sullivan, Task Force Chair. The following members of the Internet Task Force were in attendance at the workshop session: Lyno Sullivan, Dick McMullen, Jerry Larson, Jan Brewer, Maureen Farrell. Mr. McMullen summarized the contents of the Report to City Council and Open Proposal for a Community Information System that were distributed to Council. Included in these reports were the following: synopsis of discussions held by Task Force; synopsis of community survey conducted by Task Force; interim conclusions; recommendations for course of action; a risk assessment statement; and bibliography of research materials. Motion by Councilmember Thole, seconded by Councilmember Zoller to authorize the Internet Task Force to share their research with the community and directing report on costs of implementing recommendations be prepared for June 4 meeting. All in favor. Recess Motion by Councilmember Thole, seconded by Councilmember Zoller to recess at 6:05 p.m. All in favor. MAYOR ArrEST: CITY CLERK 2 el e CITY OF STILL WATER CITY COUNCIL MEETING NO. 96-14 May 21, 1996 REGULAR MEETING 7:00 P.M. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Community Development Director Russell Consulting Engineer Hahn Consulting Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the minutes of the April 30, 1996 Special Meeting and May 7, 1996 Regular and Recessed Meetings. All in favor PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Presentation of Certificates of ApJ)reciation for contributions to Human Ri2hts Commission: Travis PeJ)in. Tina Hanson. and Maya Hanson. Mayor Kimble and Commission Member Marlene Kakaliouras presented certificates to Travis Pepin, Tina Hanson, and Maya Hanson for artistic contribution in best illustrating the Commission's mission statement, "To promote a community of harmony and respect for the rights and dignity of all". 2. Pat and Ro~er Hoyt. request for adiustment to watermain and SOC char2es. The Hoyts were not present. No action taken. e 1 Stillwater City Council Minutes Regular Meeting May 21, 1996 e Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda for May 21, 1996, as amended, including the following: All in favor. 1. Resolution 96-119: Directing Payment of Bills. 2. Contractors License: Renewal: Performance Pool and Spa, Hi Tech Signs; Lee Hendrickson Masonry; Ritzer Excavating; Universal Sign; New: Lund Martin Construction, Inc.; Roof Tech, Inc. 3. Purchase backpack blowers and chain saw - Parks Department 4. Resolution 96-120: Temporary employment of Chris Diethert - Parks/public works Departments 5. Resolution 96-121: Permanent employment of Craig Peterson as Patrol Sergeant 6. Consent to registration proceedings, Central Bank Title Registration 7. Resolution 96-122: Approving employment of Shelly Schaubach as Senior Account Clerk. 8. Resolution 96-123: Approving employment of Steve Wicker as Laborer/Maintenance Worker 9. Resolution 96-124: Approve plans and specifications and authorize advertisement for bids, L.I. 320, 1996 Street Rehabilitation Project 10. Resolution 96-125: Accepting Proposal from Infratech Technologies, Inc., for televising sanitary sewer lines 11. Approving amended salary and longevity schedules for Assistant Finance Director position... STAFF REPORTS 1. Community Development Director Community Development Director Russell reported Metropolitan Council will be making a decision June 17 on grant application submitted by the City to assist with cost of asbestos removal at the Maple Island site. No action required. 2. City En~ineer City Engineer Eckles reported that a report on issues that need to be resolved related to acceptance of private roads in Gardens and Greens Townhomes area will be presented at the June 18 meeting. Councilmember Bealka requested it be put on record that owners knew when they purchased the property that the streets were private and to be maintained by the homeowners association, documented by signed purchase agreements which specifically stated the ownership and maintenance requirements. ei 3 e Stillwater City Council Minutes Regular Meeting May 21, 1996 Council directed City Attorney Magnuson to determine if promises made to property owners at Gardens and Greens Townhomes created a contractual obligation. Mayor Kimble and Councilmember Cummings showed drawings depicting safety concerns received from children in the Eagle Ridge Trail neighborhood and presented them to Mr. Eckles. Other Councilmembers stated they also received drawings at their homes. UNFINISHED BUSINESS 1. Possible second readin~ of Ordinance amendini the Charter of the City of Stillwater. (Tabled from May 7 meeting) Don Valsvik, Charter Commission, was present to answer questions regarding the amendments requested by the Charter Commission. Motion by Councilmember Bealka, seconded by Councilmember Cummings to have a second reading of Ordinance No. 822, amending the City Charter, dealing with vacancy in office and appointments to boards and commissions. Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Acceptance of Environmental Assessment Worksheet and comments on Stillwater Flood and RetainiUi Wall PrQject and determination of no siinificant environmental effect. Mr. Russell reported on comment letters from the DNR, MnDOT, Metropolitan Council, and Freight House that were received during the thirty-day review period of the Environmental Assessment Worksheet (EA W) prepared for the Stillwater Flood and Retaining Wall Project. He summarized the contents of and responses to the letters. Council directed Mr. Magnuson to prepare fmdings of fact. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt the appropriate resolution determining the Stillwater Flood and Retaining Wall Project to have no potentially significant adverse impact and approving a negative declaration for the project. (Resolution 96- 127) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None e 4 Stillwater City Council Minutes Regular Meeting May 21, 1996 e 3. Case No. CUP/DP/96-18. Conditional use permit for reconstruction of Levee Wall, located in the Flood Plain District, City of Stillwater, applicant. Mr. Russell reported the Planning Commission had held a public hearing and recommended approval. He stated that all conditional use permits in a flood plain must come before Council for final approval. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve a conditional use permit for reconstruction of Levee Wall, located in the Flood Plain District, Case No. CUP/DP/96-18. All in favor. (Council recessed at 8:20 p.m. and reconvened at 8:35 p.m.) 4. Findings of Fact - Appeal SUN/96-15 (Gerrard project) City Attorney Magnuson reviewed the Findings of Fact, Conclusions of Law and Order prepared in response to the public hearing held May 7, 1996. Mr. Russell presented revised conditions of approval. Council directed #8, specifying location of required parking areas, be deleted from the revised conditions of approval. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt the appropriate resolution adopting Findings of Fact, Conclusions of Law and Order, and deny appeal by Howard Kimmel of Planning Commission approval of a special use permit and variance construction of a housing project at 301 South Second Street, in the Central Business District, Case No SUPN/96-15. (Resolution 96-134) Ayes - Councilmembers Cummings, Zoller, and Mayor Kimble Nays - Councilmembers Bealka and Thole Motion by Councilmember Cummings, seconded by Councilmember Zoller to direct staff to prepare purchase agreement with Gerrard Realty for purchase ofUBC site, as conditioned. Ayes - 3; Nays - 2, Councilmembers Bealka and Thole. 5. Update: Purchase of City-owned UBC site, downtown parking and purchase of Territorial Prison Site. 5 ei e Stillwater City Council Minutes Regular Meeting May 21, 1996 Mr. Russell presented update and requested direction from Council. Motion by Councilmember Cummings, seconded by Councilmember Zoller to direct staff to meet with Territorial Prison Coalition and Maple Island Inc. to develop potential terms for City purchase of Territorial Prison site and return with report at June 4 meeting. Ayes - 3; Nays - 2, Councilmembers Thole and Bealka. 6. Lease extension agreements - Stillwater Yacht Club The attorney representing Stillwater Yacht Club presented information regarding SYC and explained parking control measures for the area were underway by the new owners. Harlen Hegdal, representing Croix Holding Co., presented an offer to lease Mulberry Point for use by charter vessels. He stated Croix Holding Co. has used the yacht club docks in past years, but have been unable to reach an agreement for use of the yacht club docks this year. (Council recessed at 9:35 p.m. and reconvened at 9:50 p.m.) Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving the lease extension agreements with Stillwater Yacht Club for the period January 1 - December 31, 1996, contingent upon Stillwater Yacht Club negotiating in good faith with Croix Holding Co. for location to load passengers. (Resolution 96-128) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 7. Possible first reading of ordinance amending fee schedule for mechanical inspections Mr. Kriesel explained the present rate has been in effect since 1985. The amended fee schedule would establish a minimum fee of $35. Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of and ordinance amending the fee schedule for mechanical inspections. All in favor. 8. Accepting Work and Authorizing Final Payment to Tower Asphalt, L.I. 296-300, 1994 Street Improvements. 'e Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution Accepting Work and Authorizing Final Payment to Tower Asphalt, L.I. 296-300, 1994 6 Stillwater City Council Minutes Regular Meeting May 21, 1996 e Street Improvements. (Resolution 96-129) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 9. Accepting Work and Authorizing Final Payment to Tower Asphalt, 1.1. 301, Stillwater Marketplace. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution Accepting Work and Authorizing Final Payment to Tower Asphalt, 1.1. 301, Stillwater Marketplace. (Resolution 96-130) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None NEW BUSINESS 1. Request for revocation of driveway license agreement. Motion by Councilmember Bealka, seconded by Councilmember Zoller to deny the request for revocation of driveway license and direct City Attorney to prepare letter of response. All in favor. 2. Case No. SUP/96-37. Application for resubdivision oflot 4, Block 1, Prime Site subdivision, located east of Washington Avenue across from UBC in the business Park-Industrial, BP-I District, City of Stillwater, applicant. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving resubdivision of lot 4, Block 1, Prime Site subdivision, located east of Washington Avenue across from UBC in the Business Park-Industrial, BP-I District, vacation of utility easements and accepting new utility easements. (Resolution 96-131) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Case No. SUB/96-36, lot line adjustment for resubdivision oflots 25 and 26, Oak Glen Addition, located at 1530 Amundson Lane in the RA Single Family Residential District. Daniel Spencer, applicant. -, 7 e Stillwater City Council Minutes Regular Meeting May 21, 1996 Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution approving lot line adjustment for resubdivision of lots 25 and 26, Oak Glen Addition, located at 1530 Amundson Lane, vacation of utility easements and accepting new utility easements. (Resolution 96-132) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Request to schedule public hearing to consider revocation of kennel license. City Attorney Magnuson presented a request to Council to set public hearing for the June 4 meeting for possible revocation of a kennel license for property located at 717 South Second Street. He reported a Complaint has been filed with Washington County charging an individual at that address with operating a dog kennel as a nuisance. Motion by Councilmember Thole, seconded by Councilmember Cummings to set a public hearing for June 4 for consideration of revocation of kennel license issued to Nancy Canning, located at 717 South Second Street. All in favor. 5. Petition for feasibility study - School District 834. Action was taken at the 4:30 p.m. meeting. COMMUNICA TIONS/REQUESTS 1. West Publishing Co. - Request for additional handicapped parking spot at 201 W. 2nd Street. - ! Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the request for additional handicapped parking spot at 201 W. 2nd Street, contingent upon approval of Downtown Parking Commission. All in favor. 2. Stillwater Memorial Day Assoc. - Request for city assistance for Memorial Day Program. Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the request from the Stillwater Memorial Day Association for assistance for traffic control during parade on May 27 and to have the flag flown at half mast all day. All in favor. 3. Mark Olien - Storm Sewer Utility Charge. e 8 Stillwater City Council Minutes Regular Meeting May 21, 1996 e Council determined no exemption should be made for any properties for storm sewer utility J charges and directed the City Engineer to contact Mr. Olien, 2285 Orwell Court, regarding his i request. -i. 4. Bob Safe, Taste of Stillwater - Request for city assistance. f;f~otion by Councilmember Cummings, seconded by Councilmember Bealka to approve the ~quest by City of Stillwater Chamber of Commerce for $802 for cost of port- a-potties for Taste f ~fStillwater. Ayes - 3; Nays - 2, Councilmemberi Taste aaQ 7nllg. 5. Michael Koop, Jeff Johnson - Residency requirement for HPC member. Letters were received from Mr. Koop and Mr. Johnson requesting the City waive the residency requirements for membership on the HPC for Katherine Francis. They stated she had moved into Stillwater Township, but due to her five-year service to the HPC and as a downtown business owner, she offered unique perspective and valuable input to the HPC. Motion by Councilmember Thole, seconded by Councilmember Cummings waiving the residency requirement for Katherine Francis for membership on Historic Preservation Commission. All in favor. 6. Washington County Board of Commissioners - Forum on metropolitan growth options. No action required. 7. Board of Water Commissioners - Request for reappointment of Jack Jewell. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution reappointing Jack Jewell to Board of Water Commissioners. (Resolution 96-133) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 8. Amanda Harrington - Request for reappointment to Human Rights Commission. 9. Denise Carlson - Request for appointment to Human Rights Commission. Motion by Councilmember Thole, seconded by Councilmember Cummings to refer letters from 9 e e Stillwater City Council Minutes Regular Meeting May 21, 1996 Amanda Harrington and Denise Carlson to the Human Rights Commission for review and recommendation. All in favor. 10. Amy Hooley - Comments on Eagle Ridge Trail sidewalk project public hearing. 11. SEH: Request for workshop. No action taken. 12. New City Commercial Properties, Inc. - Referendum for issuance of additional liquor licenses. Council directed the request be referred to the Planning Commission for review and recommendation. 13. Knights of Columbus, Stillwater Council, No 1632 - Request for sign variance. Council directed the request be referred to the Planning Commission. 14. Friends of Long Lake Homeowners Assoc., Inc. - Request for Study Advisory. 15. Washington County Sheriffs Office - Application process for permit to place temporary structure or buoy upon a body of water. COUNCIL REQUEST ITEMS Councilmember Thole requested a method to require property owners to sweep sand from sidewalks be determined. STAFF REPORTS (continued) City Coordinator Kriesel reported there is no corporate sponsor for the July 4 fireworks this year. Motion by Councilmember Thole, seconded by Councilmember Bealka to authorize City payment of $8,000 for July 4 fireworks, with any money donated to be first applied towards purchasing a $15,000 display and any addition donated to repay the initial outlay by the City. All in favor. e 10 Stillwater City Council Minutes Regular Meeting May 21, 1996 e Mr. Kriesel presented a request from GWO Construction to authorize the City Coordinator to approve emergency change orders that affect the construction schedule and do not exceed $5~000. Motion by Councilmember Zoller, seconded by Councilmember Bealka to authorize the City Coordinator to approve emergency change orders to the City Hall building project with the following conditions: Must affect the building schedule and must not exceed $5,000. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 11 :05 p.m. All in favor. MAYOR ATTEST: CITY CLERK Resolutions: No. 96-119 - Directing Payment of Bills No. 96-120 - Temporary employment of Chris Diethert in ParksIPublic Works No. 96-121 - Permanent employment of Craig Peterson as Patrol Sergeant No. 96-122 - Approving employment of Shelly Schaubach as Sr. Acct. Clerk No. 96-123 - Approving employment of Steve Wicker as LaborerlMaintenance Worker No. 96-124 - Approve plans and specs. and advertise for bids, L.I. 320, 1996 Street Rehabilitation Project No. 96-125 - Accept proposal from Infratech Technologies, Inc. for televising sanitary sewer lines. No. 96-126 - Ordering preparation of report, L.I. 318-2, Elm St. Storm sewer No. 96-127 - Determining the Stillwater Flood and Retaining Wall Project to have no potentially significant adverse impact and approving a negative declaration for the project. No. 96-128 - Approving lease extension agreements with Stillwater Yacht Club No. 96-129 - Accepting work and authorizing final payment to Tower Asphalt, L.I. 296-300, 1994 Street Improvements. No. 96-130 - Accepting work and authorizing final payment to Tower Asphalt, L.I. 301, 11 el e e . . . . Stillwater City Council Minutes Regular Meeting May 21, 1996 Stillwater Marketplace No. 96-131 - Approving resubdivision of lot 4, Block 1, Prime Site subdivision No. 96-132 - Approving lot line adjustment for resubdivision oflots 25 and 26, Oak Glen Addition. No. 96-133 - Reappointing Jack Jewell to Board of Water Commissioners. No. 96-134 - Adopting Findings of Fact, Conclusions of Law and Order and deny appeal by Howard Kimmel, Case SUPN /96-15 12 e \ \ , .\ e ~.. I I 'r~ ~Ji ~, . i J1 I: .~. Febru~ry 16, 19c6 j! Yayor an~ City Council City of Stillwater " City Vall 2l6'Nort~ 4th Street Stillwater, r~ 55002 " ",... ..,J;; .J : t ~ i 1 d .. '.- \1 - I { ~ ; r ~ if . J , { ~ , t. ", .i ; ~ q crf' '\:.. ~,I .. iff ! 1 ~ t . . ~ 1 i t i i ! ~e: Lot 4, ~lock 1 Dalla~cr Sstates 1033 ~est Sycamore Street Dear Mayor and City Council Members! In reference to the above lot, we are requesting t~at the interest accruing on the bonds for the watermain ani sec charge be stopped. According to our records, the bonds have been paid. If this interest continues to accrue and we decide to sell the lot in, say, 10 years, the watermain and sac cfArge would be excessive and a deterrent to a prospective purcrAser of that lot. For now, the lot is vacant, benefiting tbe nei~tborhood with much appreciated open space. When this w4tter is discussed, we would like tre opportunity to be present to d.iscuss it with you. Thank you very much for your consideration of ttis request. Very truly yours, jJ o.::t 1-1 ~ ~~ 1351 Dallager Court Stillwater, MN 55082 I ,"1! 1-:: .'1.' -:. ~,- ,,'-,' l' >Ii'~ ;' ~'l~;:\ i:~ ilL. "frI : .~. ""..... ~~ ,.;Ij I \ ," MEMORANDUM e TO: Mayor and City Council ~~ FROM: Diane Deblon, Finance Director DATE: May 10, 1996 SUBJECT: sac Charges As part of the fiscal impact analysis for the annexation area prepared by T autges & Redpath last fall, the SOC charges are projected to continue and increase annually, by the rate of inflation. (see attached page) Although the bonds were paid off in full in 1995, staff recommends that the sac charges be increased annually by the rate of inflation as projected in the fiscal impact analysis. e .',,":;-" To the Honorable Mayor and Members of the City Council City of Stillwater Page 25 Cost recovery charges have been proposed by SEH through a combination of the following: 1. Area-wide assessments to residential and commerciallindustrial benefited properties. 2. Sewer Oversizing Charges (SaC) at the same rate that is currently charged within the Oak Glen Development ($527.32 per connection, increased annually by inflation). 3. Source and Storage costs from the operations of the Water Enterprise Fund. The Board of Water has suggested in a memo dated September 7, 1995 that the Water Availability Charge (WAC) would be increased to approximately S400 for connection within the expansion area. I A -.....- ............. r I I I f' I I I " I I I I I I .......-.. I I r~ I I I - .. , e . . LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 96-135 A T & T Long Distance A T & T Wireless Cellular Phone Century Radiator Radiator Repair Cochrane, Mary Refund-Deposit Copy Cat Address Maps Courier Legal Publications Croix Oil Oil D J Municipal Shovel/Rakes Dakota County Tech College Training-Felsch/Stender Deblon, Diane Health Insurance/Mileage Del's Outdoor Equipment Oil/Trimmer Line Desch, Mark & Gloria Parking Lease/Maintenance Dorsey & Whitney Legal Fees-1996 Bonds Dufresne Builders Refund-Grading Deposit Duryea, David Cellular Phone Express Photo Film Processing F A 0, St Paul City Share-Levee Wall Project Fina Mart Refreshments Food-n-Fuel Gasoline Fred's Tire Tractor Tire/Repairs Gannon's Auto Body Squad Repair Glaser, Paul Boiler Engineer Grafix Shoppe Graphics-Squads Greeder Electric Electrical Services Intoximeters Mouth Pieces Kangaroo Storage Storage Rental Legislative Associates Consultant Services/Retainer L udowese, Jay Meals) Magnuson, David Legal Services " Metro Council Enviromental Svs SAC .'1 Metro Council Wastewater Services Sewer Service MinnComm Pager Service i MN City/County Management Assn Membership-Kriesel J Mun'pl Clerks/Finance Officers Assn Membership-Weldon I National Information Data Center Zip Code Directory Northern Door Door Repair Northern Hydraulic Repair Parts Northern States Power Gas/Electric On Site Sanitation Portable Restrooms Park Nicollet Clinic Physical Exam-Pasket Polfus Implement Lawn Tractor Pony Express Reloaders Ammunition R D 0 Equipment Company Hoses Reeds Sales & Service Blowers/Chain Saw Roettger, David Meals Russell, Stephen Mileage/Parking Safety Kleen Anti-Freeze Removal Sentry Systems Monitoring Systems Short-Elliot-Hendrickson Engineering Services Snyder, Reed Refund-Deposit St Cloud Restraurant Supply Hand Cleaner 40.37 203.87 50.00 35.00 14.51 100.63 533.78 332.95 195.00 477.31 146.75 742.30 9,750.00 1,500.00 208.73 64.69 200,000.00 14;99 26.38 61.30 556.08 200.00 600.66 789.00 218.53 176.00 4,695.00 6.43 8,095.83 12,177.00 111.00 36.74 60.00 30.00 48.90 186.44 66.01 7,298.87 101.30 361. 75 7,082.25 422.27 72.92 1,203.42 6.97 86.80 163.00 54.00 34,861.75 35.00 77.75 St Crois Car Wash Car Washes St Paul Pioneer Press Ad-Employment Stack, Barrett Survey-Colonial Craft Stillwater Area Chamber of CommerceRefund-Deposit Stillwater Gazette Ad-Employement Stillwater Towing Towing Services Streicher's Supplies Tower Asphalt Asphalt U S West Cellular Cellular Phone Wal Mart Batteries/Cassettes Walden Pump Pump Repair-Pizingers Wardell, Leslie DARE Supplies/Plaque Washington County Treasurer Truth-n-Taxation/Collection Fees Yocum Oil Diesel Zarnoth Brush Works Brooms MANUAL CHECKS-MAY 1996 Junker Sanitation MN Dept of Reven ue U S Postmaster Washington County Treasurer May Payment Sales/Use Tax Postage-Utility Billing/Meter Real Estate Taxes Total Due: 29.75 a. 135.66 ., 2,340.00 250.00 36.00 246.50 607.79 256.32 108.68 71.26 1,107.02 66.90 3,230.71 301.31 3,051.23 91,589.43 286.00 1,832.75 8,363.82 -------------- -------------- 408,291.36 -------------- -------------- Adopted by the City Council this 4th day of June, 1996. . APPROVED FOR PAYMENT } ,~ .'1 . \ e e TO: FROM: RE: DATE: MEMORANDUM Mayor and City Council City Clerk List of Bills May 31, 1996 The list of bills was not completed in time for inclusion in the packets. The list will be provided for Council on Tuesday. ~ LG220 Rev06/95 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check # Initals Date Reed e Previous lawful gambling exemption number Church of St. Michael Street 218 E. Willard St. City Stillwater Sate MN. Zip Code 55082 County Hashington Name of Chief Executive Officer of organization (CEO) First Name Last Name Daytime Phone number of CEO Sk1uzacek (612) 439-4400 reasurer Last Name Daytime Phone Number of Treasurer Heimerman 439-4964 Typ~o{~~ij~~~:tl(Qrgah~~aiion .. . -";"j_,<:,:;:,:;'::: ':':',:i,:::;,;,'="'";:<,,t.>: ........:,..'..,'::::,::,:".,;:;,.;':,.,,='!:';;:H';'<'!,:!:,;:;;.;"" D Fratemal D Veterans ~ Religious D Other nonprofit Check the box that indicates the type of proof attached to this application by your organization: D IRS letter indicating income tax exempt status c::Pertificate of good standing from the Minnesota Secretary of State's office DA charter showing you're an affiliate of a parent nonprofit organization l;Proof previously submitted and on file with the Gambling Control Board Check the box below which best describes your organization -. I ,.: '.:-:::, ";'!iih;i;!:jjiii;];HH~;;W:i:;:;k:;;,;,;:,;;:i::.'"" ,". :::i;,~a~;~t{~~:;:~~i:m,ii~ii;:~Qt~~m~~~g~;,;' Name of Establishment where gambling activity will be conducted Church of St. Michael Street 218 E. Willard St. City Stillwater State UN. Zip Code 55082 County Washington Date(s) of activity (for raffles, indicate the date of the drawing) Sunday, July 21, 1996 Check the box or boxes which indicate the type of gambling activity your organization will be conducting ~ Bingo D Raffles D Paddlewheels D Pull-tabs D Tipboards e Be sure the Local Unit of Government and the CEO of your organization sign the reverse side of this application. For Board Use Only Date & Initials of Specialist / L e "". .".:", ',' '. .' . ',',. ::., .:.::,.,...,.....- "" ',--..'., . ",___',0"',"",",.'._.'_". " > " ..... ",'"._ '.' . Local Unital Governll1enfJurisdiction Is this gambling premises located within city limits? liJ Yes D No If Yes, write the name of the City: City Name Stillwater, Minnesota If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: D:>rganized Dmorganized i":;;'i,:,>~:.;i:;:.::~H:!:" ';>\;~;',!;;,:i;;';"'" ".f,g:?~l,Qfflt,':fa!::r~ov~tffl!1:~fi'!::,l~~I5~:g:~/~rlglJj~nt 1. The city must sign this application if the gambling premises is within city limits. 2. The county and township must sign this applica- tion if the gambling premises is not within city limits. 3. DO NOT submit this application to the Gambling Control Board if it is denied by the local unit of government. 4. NOTE: A Township may not deny an application. Upon submission of t.,is application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application Date Signed: Title of person acknowledging application Michael C. Skluzacek Date: '.."'.b~ilJ"..'ol..'cfiref:'ExeciJtiv~:::iOfflc~f"i':::..,.'t:..:'.' I have read this application and all informatio May 13, 1996 e Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 3005 Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print. braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. ~ ~ m: ~ fZ'- n::<V fZ'- n::<V fZ'- ~ ~ n::<V ~ .r:.:r::-.. ~ \-1....~ .r:.:r::-.. n::<V .r:.:r::-.. ~ rn:: l?: t~ p::- n::<V ~ ~ u::- l~ h:- .~ ~ u::- ~ t~~ ~ ~ ~ <J ~~~.~~ffffrl~~.~rl~~Tf(.~~.~~.~~.~ifty~.y~~f~f~~.~~.~~.~~Y{W~~.~~.~~.~~~.~~.~~.w~Y{~f~~.~~.f'(.~.~.~"~~l~.~~.~~~.~~.f'l~frrf{f{ff~.~~if{~i~~.~~.Y~.~~i:~"f[Y{f{~i~~.vr 1 p_ 136 (Rey. J'.') ~, ' , l ~i;,~~~W MUSIC ON THE WATERFRONT TO SELL AT RETAIL Nnu-lJutnxitatiug !lalt 14iqunrs FOR CONSUMPTION ON THE PREMISES LOCATED AT ~ fZ'- n::<V ~ n:,w .r:.:r::-.. ~ ~ n::<V p::.- m: n::<V .~ ~ n::<V fZ'- ~ \~ p::- PIONEER PARK IN THE Ci ty OF Sti llwater COUNTY OF Washin9ton , STATE OF MINNESOTA, 7/10, 7/17, 7/24, 7/31, FOR THE PERIOD COMMENCING 6 p.m. - 10 p.m. 8/7, 8/14, 8/21, 8/28 1996 AND TERMINATING 7/10,7/17,7/24,7/31, 19 96 M~R>HJGmx - 8/ 1,8/14,8/21,8/28 - This license is granted pursuant to application and payment of fee therefor and is subject to all the provisions and conditions of the laws of the state and of the federal government pertaining to such sale, and is revocable for the violation thereof, Not transferable. , ;.j , ;.1 I J WITNESS THE GOVERNING BODY of the City Stillwater of and the seal thereof this ?qth day of M"y I 19~ Attest: The of the By Citv Counci 1 Ci tv of Sti 11 wa ter City Clerk (Seal) Mavor Business Records Corporation. Minnesota e DEP ARTMENT ~~ks STAFF REQUEST ITEM NfEETING DATE ~"-e. Y - /'7,9c::' DESCRIPTION OF REQUEST (Briefly outline what the request is) R~tl..?(.J To ~~~ /''.,l!"..7u-4.aJ5 11!"~ <;"'/lj,o A ~ .hI-efJh-. J~/ /n A/ /I~AO . L ;I',..y( '-4.4 J} .rY 7?S. /7;"<: Veo IV <'" <;" S ~ K J/J' J t:SCl /-. /, ~7 V..f q ;0 ...It G' .:;2~ rlff?_ 14 A~ T~ 1'9 [I;.y d<-9v 6->-"-".7 .I if..,. 5'~' ~4 1J .it 6 .;2 ~ /7'--e. Rerfl ~..f 0) t-/,ie... SeAsa;-'A / He~ ./9Ytf' ~ ":) ~ -- ~ ft2 7f/ ~ AI'Ck ~T-:/ - ,r"6(? . ~~ - g #-€. I '^f\ /' ~ ~j"'~se:r.., - ~,h fl ?~f - !/'I1f'~ /-,'.1'{ . FINANCIAL Ilv1P ACT {Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) 8u~~e-/ eJ -"~If.. Uhe'~'<:.- ~al 7/;::: A 'fKP // .,- /'77'4" ./ ADDITIONAL INFORMATION A IT ACHED YES NO~ ALL COUNCil.. REQUEST ITEMS MUST BE SUBMITIED TO 1HE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO TIlE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL M/'..TERIAL PACKET. SUBMITTED BY ~ ~ DATE r, S'd -96 Ie e e RESOLUTION NO. 96-137 APPROVING SEASONAL EMPLOYMENT OF LIFEGUARDS BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby approves the seasonal employment as Lifeguard, beginning June 7, 1996, of: Sarah Hamilton $7.75 per hour Venessa Knutson $6.25 per hour Martha Vandenberg $6.25 per hour Adopted by the Council this 4th day of June, 1996. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk RESOLUTION NO. 96-136 APPROVING SEASONAL EMPLOYMENT OF PUBLIC WORKS/P ARKS MAINTENANCE WORKERS e BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby approves the seasonal employment as Public W orks/Parks Mainenance Workers, beginning June 6, 1996, of: Ryan C. Baker Daniel J. Crimmins Jeffrey D. Dionisopoulos Chad D. Rogness Mark Bell Jennifer Anderson $8.00/hr $8.00/hr $8.00/hr $8.00/hr $8.00/hr $8.00/hr (Public Works) (Public Works) (Public Works) (Public Works) (Parks) (Parks) Adopted by the Council this 4th day of June, 1996. Jay L. Kimble, Mayor Attest: Morli Weldon, City Clerk e No. 96-32 $40.00 e GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, Countryside Pools, Inc has paid the sum of Forty and 00/1 ODs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Countryside Pools, Inc. 9242 30th St Circle N, Stillwater MN 55082 is hereby licensed and authorized to Installation of Swimming Pools for the period of one year starting May 29, 1996 and ending May 29, 1997 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 4th day of June A.D. 1996. Attest: Mayor: e No. 96-30 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington e WHEREAS, EFH Company has paid the sum of Forty and OO/JOOs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof. the said EFH Company 1601 East Highway 13 #204, Burnsville MN 55337 is hereby licensed and authorized to General Contractor for the period of one year starting May 29, 1996 and ending May 29, 1997 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 4th day of June A.D. 1996. Attest: Mayor: e No. 96-31 $40.00 e GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, Construction Labor Forces, Inc. dba Rite-Way Waterproofing has paid the sum of Forty and 00/100s Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Construction Labor Forces, Inc. dba Rite-Way Waterproofing 448 Lilac Street, Lino Lake, MN 55014 is hereby licensed and authorized to Waterproofingfor the period of one year starting May 29, 1996 and ending May 29, 1997 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 4th day of June A.D. 1996. Attest: Mayor: e No. 96-29 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington e WHEREAS, Signart Co., Inc has paid the sum of Forty and 00/100s Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof the said Signart Co., Inc. 2170 Dodd Road, Mendota Heights. MN 55120 is hereby licensed and authorized to Sign Erectionfor the period of one year starting May 28, 1996 and ending May 28, 1997 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 4th day of June A.D. 1996. Attest: Mayor: e STAFF REQUEST ITEM e DEPARTMENT Finance MEETING DATE June 4.1996 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase the following items: IBM 350 Computer IBM Color Monitor Cannon BJ Printer (estimated) Lotus for Windows Version 5.0 12 MB memory (IBM Value Point 6381) Sharp Com pet QS-2760A $2,063 414 450 300 354 180 Tax Total: 245 $4.006 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) The above items are budgeted for in the 1996 budget ADDITIONAL INFORMATION ATTACHED YES NO X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN 0 DER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY DATE 7JJ~1; /19f e e e To: From: Date: Subject: Mayor and Council CITY OF STILLWATER Memorandum Modi Weldon, City Clerk May 30, 1996 Peddler's License Application David Rochlin has applied for a permit to sell glow-in-the-dark necklaces in City parks on July 4, 1996. This request was approved by the Park & Recreation Board at its meeting of April 22. Approval is contingent upon receipt of names of persons peddling and all required fees. APPLICATION FOR PERMIT LV TlAvl Ph <{/~/<j,,(, PEDDLERS LICENSE NAME: ~QC. " \ ~ v-.-.. Last ACi)RESS:l~) 1.1 J-Cl .-- . c..::.a\~ \)()-\j ~ cl )~ Middle Phone NO.:Home q ). C - ). S" '" Business <)( S" - C:l ~ .2;)- e First Z<..V\.~ ~ t"-1/\J ~ ~. QYJ6 <) NATURE OF BUSINESS AND GOODS TO BE SOLD: LOCATION: Business District Residential x City Paries (Permission re.quired by Parks & Rec. Board) NAME AND ADDRESS OF EMPLOYER: \J \ ~ ~ \- L '\ ~ ~ \;5 (credentials required) 10). '"' ~II\ \-c.rc. "~,, ~'""\ qu, ~ 'i"1;<{)-(. EMPLOYER'S WORKERS COMPENSATION POLICY NUMBER & CARRIER: \U,,'-A:r VEHICLE TO BE USED. IF #N: (include license number or other identification) l=\':::.'-, ~ C;j___ct ~~t.... {lOo-v\ p at{ e:J..{bY' q OS- LENGTH OF TIME PERMIT REQUIRED: FROM: 1"\,j~ . /t:tcr" TO: ~)~ 'I I<fC;~ a.Med~~ ~ INVESTIGA liON FEE: LICENSE FEE: $25.00 at time of tiling application. v" S20.OOIyear for each person proposed to peddle on foot SSO.OOIyear for each person proposed to peddle by using handcart or pushcart $1 oo.OOJyear for each person proposing to peddle from wagon, motor vehicle or other vehicle or conveyance. Copy or Ordinance # 606 to applicant DAlE: ~ / .;l/ '1 l.t, / I. . INVESTIGATION CHECK: .. ... .FOROFFICEUSEONL~ . . ... . OFFlCER'SSIGNATURE--. ..... ~4 Council Approval Date Park & Recreation Board Approval ~ Date t-jI ~~J q 6 , / e Rev, date 4/94 e Ie TO: FR: DA: RE: MEMORANDUM Mayor and City Council David Junker, Public Works Director May 30, 1996 DIESEL TANK REMOVAL The removal of a 2000 gallon diesel tank at the Brick Street Lift Station will be approximately $3,000. This includes a new 265 gallon tank for inside the building and the removal of the present tank. The public works department will use the 1750 gallons of diesel fuel remaining in the old tank in their equipment. e e RESOLUTION NO. RESOLUTION APPROVING THE USE OF FUNDS FOR THE LEVEE WALL PROJECT. WHEREAS, the City Council of the City of Stillwater has entered into an agreement with the U.S. Government for repair of the levee wall, and WHEREAS, the City Council of the City of Stillwater has received approval for federal and state funding for portions of the levee wall project, and WHEREAS, the city has determined that funds remaining in 1994 TIF Construction Fund are appropriately spent on the levee wall project, and WHEREAS, the city's share of the levee wall project is estimated to be $400,000 for Phase I and $375,000 for Phase II and $120,000 for NSP lighting during Phase I. NOW, THEREFORE, be it resolved by the City Council of the City of Stillwater that the following expenditures are approved from the balance of bond proceeds remaining in the city's fund #561, $4,800,000 TIF construction of 1994C: Phase I Levee Wall City Share of Construction Phase I NSP Lighting Phase II Levee Wall City Share of Construction $400,000 $120,000 $375.000 Total: $895,000 Adopted by City Council this 4th day of June, 1996. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk '" illwater ~ , THE BIRTHPLACE OF MINNESOTA TIMOTHY J. BELL CAPTAIN DONALD L. BEBERG e CHIEF OF POLICE POLICE DEPARTMENT M E M 0 RAN DUM FROM: D.L. BEBERG, CHIEF OF POLICE TO: MAYOR KIMBL~ AND CITY COUNCIL DATE: ('lAY 31, 1996 RE: REQUEST ITEM AND INFORMATION -------------------------------------------------------------------- WHEN THE POLICE DEPARTMENT WENT WITH THE WASHINGTON COUNTY SHERIFFS RECORDS SYSTEM, WE FORGOT TO PURCHASE ONE WORK STATION AND AS A RESULT WE HAVE BEEN USING ONE THAT BELONGS TO WASHINGTON COUNTY. I AM REQUESTING PERMISSION TO PURCHASE ONE COMPUTER MONITOR AND ONE KEYBOARD FOR OUR DEPARTMENTS RECORDS DEPARTMENT SO WE CAN RETURN THE WASHINGTON COUNTY ITEMS. THE TWO ITEMS, WITH TAX AND SHIPPING IS $876.66. WE HAVE THE NECESSARY MONEY WHICH WILL BE TAKEN OUT OF THE DRUG FORFEITURE MONEY. THIS EXPENDITURE IS LISTED ON THE CONSENT AGENDA. THIS PAST WEEKEND WE HAD A "SAFE AND SOBER" EXERCISE WHICH WAS CONDUCTED AT THE STILLWATER END OF THE INTERSTATE BRIDGE. OUR OFFICERS WROTE 72 TRAFFIC TAGS ASSOCIATED WITH THIS. THERE WERE ADDITIONAL TAGS WRITTEN BY THE STATE PATROL AND THE SHERIFFS DEPARTMENT. THERE ALSO WERE 3 POTENTIAL VEHICLE FORFEITURES DUE TO FELONY DRUG RELATED OFFENSES. N.S.P. IS SUPPOSED TO PUT UP THE FLOOD LIGHTS IN LOWELL PARK TO THE NORTH OF MYRTLE STREET TODAY. AS OF THIS WRITING THEY WERE NOT UP. I WILL BRING YOU UP TO DATE AT THE COUNCIL MEETING. 96-27 e 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 ~ANGE ORDER A/A DOCUMENT G70/ O\X'NER ARCHITECT CO:\TR:\CTOR FIELD OTHER o o o o o e TO CONTRACTOR: (name, address) George W. Olsen Const. 1902 South Greeley Stillwater, MN 55082 CHANGE ORDER NUMBER: DATE: ARCHITECT'S PROJECT NO: CONTRACT DATE: CONTRACT FOR: 1 22-May-96 95057.01 PROJECT: (name, address) Stillwater City Hall Renovation Complete Construction The Contract is changed as follows: C01-1: Fire Protection Line - (Alternate 1A) Approximately 18 to 20 lin. ft. with 6" DIP- live tap and gate valve. Asphalt repair as required and testing of line. Add 5,500.00 TOTAL ADD $5,500.00 Not valid until signed by the Owner, Architect and Contractor. Th,ong;n,,(ConlrnctSum)(Gu=nteedMrotimwnP<kel=....................... .J Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was. . . . . . . . . . $. The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) i (unchanged) by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be .. S The Contract Time will be (increased) (decreased) (unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is 527,620.00 .00 527,620.00 5,500.00 533,120.00 ) days. NOTE: This summary does not reflect changes in the Contr-.lct Sum. Contr-.lct Time or Guaranteed ~laximum Price which have been authorized hy Constnlction Ch;tnge Directive. BWBR Architects, Inc. ARCHITECT 400 Sibley St , #500 Address . Geo. W. Olsen Const. CO:'\TRAcrOR POBox 20 Address City of Stillwater OW:'\ER 216 No. 4th Address St. Paul, ~ 55101 BY?" ~7~-I. 1:>1% Stillwater, MN 55082 ::~~L,- Stillwater, MN 55082 BY DATE DATE "'rmJ CAUTION: You should sign an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT G701 . CHANGE ORDER . 19lC EDlTIO:\ . AIA$ . @1987 . THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A\1:.. ~.W.. WASHINGTON. D.C 2IXX)(, G701-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. RESOLUTION NO. 96- APPROVAL OF CHANGE ORDER NO. 1 CITY HALL BUILDINGIRENOV ATION PROJECT - NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order No.1 for Fire Protection Line (Alternate lA) at an \ approximate cost of $5,500 is hereby approved; and the appropriate councilmember and staff is hereby authorized to sign the necessary forms. Adopted by Council this 4th day of June, 1996. Jay L. Kimble, Mayor Attest: Morli Weldon, City Clerk J (I .'1 J 1 ! r e e ~ , MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: May 30,1996 RE: COMPREHENSIVE PLAN ADOPTION BY METROPOLITAN COUNCIL The Metropolitan Council at their meeting of May 23, 1996, adopted the City of Stillwater Comprehensive Plan with the attached conditions. Conditions of note are numbers 4 and 7 (see attached Metropolitan Council Action). Number 4 requires that the city amend its on-site septic system management program to incorporate a biennial inspection by July 23, 1996, with actual inspection beginning in 1997. Condition Number 7 recommends that the city amend its (comprehensive) plan to include the portions of any orderly annexation agreement dealing with phasing, timing and yearly dwelling unit limitations. The Metropolitan Council felt the city plan was complete as presented, represented a good example of community cooperation that could be used as an example throughout the metropolitan area. Attachment: Metropolitan Council staff report for meeting of 5-23-96. '. ,'. Metropolitan Council Meeting of May 23, 1996 Business Item: D-2 e METROPOLIT AN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612291-6359 TDD 612 291-0904 REPORT OF THE CO~DEVELOPMENTCO~E DATE: May 10, 1996 TO: Metropolitan Council SUBJECT: City of Stillwater Comprehensive Plan Revision Metropolitan Council Referral File No. 14835-8 Metropolitan Council District No. 12 SUMMARY OF COMMITTEE DISCUSSION: Tom Caswell, Council stafl: presented the review and noted that Stillwater's forecasts are consistent with the Council's, and that no regional system impacts are expected. He also noted that the city has a draft annexation agreement with Stillwater Township which provide spcific timing, staging, and a expectation of the number of dwelling units to be cunstructed per year. Briefpresentations were made by Dave Johnson, Stillwater Township Supervisor and Jay Kimble, Mayor of the city of Stillwater. Both officials noted the cooperation over the past few years that has culminated in the development of this plan. The committee had no questions, but was pleased with the plan. RECOMMENDATIONS: That the Metropolitan Council: 1. Adopt the :findings and staff report as part of these recommendations. 2. Inform the city of Stillwater that no plan modifications are required. 3. Recommend that the city expedite its efforts to eliminate known sources of inflow to the sanitary sewer system. 4. Inform the city that implementation of this plan is contingent upon the city's amendment of its on-site system management program to incorporate a biennial inspection component (consistent with the Council's minimum requiremalts) within sixty days of final Council action on this amendment, in accordance with city Resolution No. 96-70, dated March 19,1996. 5. Recommend to the city that it include a map and description of the new bridge and related improvements being planned for TH 36. 6. Inform the city that traffic from the URPTA should not have an adverse impact on the metropolitan highway system, nor does it represent a substantial departure from system plans. 7. Recommend that the city amend its plan to include the portions of any orderly annexation agreement which may be entered into with Stillwater Twp. related to the phasing, timing, and limitations on dwelling units per year to be allowed. Submitted by: e Julius Smith, Committee Chair Craig R Rapp, Division Director --, Community Development Committee Meeting of May 6, 1996 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1634 Phone (612) 291-6359 TDD (612) 291-0904 FAX (612) 291-6550 Metro Info (612) 229-3780 e DATE: April 27, 1996 TO: Chair and Members of Community Development Committee FROM: Tom Caswell, Office ofLoca1 Assistance (291-6319) SUBJECf: City of Stillwater Comprehensive Plan Revision Metropolitan Council Referral File Nos. 14835.8 Metropolitan Council District No. 12 EXECUTIVE SUMMARY ISSUE: Should the Council inform the city of Stillwater that it may place its revised comprehensive plan into effect? POLICY IMPLICATIONS: The Regional Blueprint states that for development in unincorporated areas where mban services such as wastewater treatmcDt is desired or required, orderly annexation is preferred in order to provide those services. FUNDING IMPLICATIONS: None PREVIOUS ACfIONS: N/A DISCUSSION: The city of Stillwater has submitted a revised comprehensive plan intended to guide the city's growth through the year 2020. There is adequate capacity in the regional and local transportation system to accommodate the development being proposed, and the plan (supplemented by a draft orderly annexation agreement) provides detailed staging. This plan replaces its 1980 version, and proposes annexation of 1,900 acres ofland from Stillwater township. The supply of vacant and developable residential land within the city's current boundary are insufficient to accommodate the growth being forecasted both by the city and the Council. RECOMMENDATIONS: That the Metropolitan Council: 1. Adopt the findings and staff report as part of these recommendations. 2. Inform the city of Stillwater that no plan modifications are required. 3. Recommend that the city expedite its efforts to eliminate known somces of inflow to the sanitary sewer system. 4. Inform the city that implementation of this plan is contingent upon the city's amendment of its on-site system management program to incorporate a biennial inspection component (consistent with the Council's e e e ," ~ minimmn requirements) within sixty days of final Council action on this amendment, in accordance with city Resolution No. 96-70, dated March 19,1996. 5. Reconm1e'lId to the city that it include a map and description of the new bridge and related improvements being planned for TH 36. 6. Inform the city that traffic from the URPTA should not have an adverse impact on the metropolitan highway system, nor does it represent a substantial departure from system plans. 7. Reconm1e'lId that the city amend its plan to include the portions of any orderly annexation agreement which may be entered into with Stillwater Twp. related to the phasing, timing, and limitations on dwelling units per year to be allowed. , MAY 2. 9 1996 CAMPBELL, KNUTSON, SCOTT & FlJCHS, EA. Attorneys at Law , e Th,nnas J. Camrbell R,)ger N. Knurs,m Thnmas M. Seorr G,m. G. Fuehs James R. Walsrnn Elli,)[( R. Knerseh Sue.',m Lea Pace (612) 452-5000 Fax (612) 452-5550 Andrea Md\)\\'ell P,)ehler I--lanlww K. Brukl Juhn r. Kelly Marguerite ~ 1. ~ kCam '11 Cienrge T. StL'rhensun May 28, 1996 Mr. David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 P.O. Box 438 Stillwater, MN 55082 Re: Stillwater - Annexation Dear Dave: Enclosed are a redlined and clean copy of the Orderly Annexation Agreement which include the changes we discussed last Wednesday night. The Town Board reviewed and approved the draft on Thursday. The final public hearing on the Annexation Agreement is scheduled for Tuesday, June 18 at 7:00 p.m. at the Senior Center. The Agreement will then be considered for adoption at the Town Board meeting on June 27. Please call if you have any questions or comments. Best regards, L-t... Thomas M. Scott 110 TMS :slc Enclosures e Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 . e AGREEl\1ENT BETWEEN THE CITY OF STILLWATER AND THE TOWN OF STILLWATER FOR GROWTH MANAGEMENT. ORDERLY ANNEXATION AND THE EXERCISE OF JOINT POWERS FOR PLANNING AND LAND USE CONTROL THIS AGREEMENT is made this . day of , 1996, ("Effective Date") between the City of Stillwater, Washington County, Minnesota ("City") and the Town of Stillwater, Washington County, Minnesota ("Town") and is an agreement relating to growth management and constitutes a "Joint Resolution" between the City and Town authorized by Minnesota Statutes ~414.0325 providing for a procedure and a framework for orderly annexation of a part of the Town to the City. This Agreement also provides for the joint exercise by the City and Town of their respective planning and land use control authority pursuant to Minn. Stat. 471.59 and Minn. Stat. 414.0325 (Subd. 5). SECTION ONE INTRODUCTION 1.01 Certain land owners within the Town have petitioned the City for annexation and for the extension of municipal utilities. Since receiving the petition, the City has undertaken a review of its Comprehensive Plan and has studied the ability of the City to provide services to the area and has concluded that if the area requesting services is developed into urban uses the City would ultimately be benefited by a broadened tax base and a more vital community and that urban growth in the annexation area would benefit the City. The Town has participated in a review of the City's Comprehensive Plan and has concluded that it would be beneficial to the Town, and to property owners remaining in the Town after annexation, to enter this Agreement with the City so that the area to be annexed will be developed in an orderly fashion and with the least possible impact on the people of the Town. INTENT 1.02 The parties to this agreement intend it to be binding with all the rights, privileges, and obligations attached thereto. Both parties intend to be bound by this agreement and shall not violate its terms. Neither party shall exercise any legislative authority either now existing or which may be later created in a way which violates the terms of the agreement. Both parties understand that they may not limit the power of the legislature over annexation, and such is not their intent. Instead, the parties agree to refrain from exercising any legislative authority, now or into the future, in a way that would violate the terms of this agreement. .e I 35667.01F OS/23/96 -1- INCLUSION INTO COMPREHENSIVE PLAN e 1.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City shall adopt and forward to the Metropolitan Council a Comprehensive Plan Amendment incorporating the Orderly Annexation Agreement into the City's Comprehensive Plan. SECTION TWO ORDERLY ANNEXATION AREA 2.01 The property described in Exhibit IIA n that is subject to annexation by the City pursuant to this Agreement will constitute the II Orderly Annexation Area II. This area includes all that area of the Town not now within the City that lies North of Highway 36, East of County Road 15 and South of Highway 96, except for that portion of the Town that lies North of the right-of-way of the Minnesota Zephyr Track and East of the Oak Glen development. The Orderly Annexation Area is designated as in need of orderly annexation and no consideration by the Minnesota Municipal Board is necessary, no alteration of the boundaries is appropriate, and all conditions of annexation have been provided for in this Resolution and the Minnesota Municipal Board may review and comment only and within thirty (30) days of receipt of this Resolution and each subsequent phase as described in this Agreement upon the filing of a Resolution as described in this Agreement. SECTION THREE PHASING SCHEDULE 3.01 The Town and City agree that phasing the growth envisioned for the annexation area would benefit the City by reducing the [mandaI risk of extending core facilities into the Orderly Annexation Area by extending such facilities gradually rather than at one time. This would also allow for the burden imposed by the growth to be gradually born by the City so that the level of services needed by the new development could be supplied on a gradual and phased basis. The Town has agreed that a phased development plan as envisioned by this Agreement would benefit the Town by phasing the impact of lost tax base on the remaining Town government and easing [mandaI and lifestyle burdens that an immediate annexation of the entire area would impose on Town residents. For the purposes of this Agreement, the Orderly Annexation Area will be divided into four (4) phases described as follows: Phase I Description 3.02 Phase I contains that property described in Exhibit liB II, generally described as that part of the Town that is South of County Road 12, East of County Road 15 and North of Highway 36, except for the following property that will remain as Phase IV property unless Annexation is requested by the property owner pursuant to Section 4.08 herein: e 35667.01F OS/23/96 -2- a. The Bergman Farm, 1205 - 60th Street North Parcel Numbers 31-030-20-32-0001 and 31-030-20-34-0001 Owners: Alvin and Helen Bergman e b. 1223 - 62nd Street North Parcel Number 31-030-20-34-0002 Owner: Paul Bergman c. 7143 Manning Avenue Parcel Number 30-030-20-33-0001 Owners: Robert M. and Ann S. Jordan d. 7135 Manning Avenue Parcel Number 30-030-20-33-0002 Owners: Ralph E. and Kimberly A. Stowell e. 6731 Manning Avenue Parcel Number 31-030-20-23-0001 Owner: Rosalie Gadient The Phase I also includes the Stillwater Golf Course. The approximate population of the Phase I area is Phase II Description 3.03 The Phase II property is the property described in Exhibit "C" commonly referred to as the Abramowicz Farm property, Rivard property and Newman property. Phase III Description 3.04 The Phase III property is the property described in Exhibit "D" and commonly referred to as the Palmer Farm property. This Agreement will not obligate the City to provide adjacency between the present City and the Palmer property and it will be the obligation of the Developer to provide adjacency before the Resolution on Phase III is enacted. Phase IV Description 3.05 The Phase IV property is that portion of the Orderly Annexation Area that is not included in Phases I, II or III. Ie 35667.01F OS/23/96 -3- SECTION FOUR TIMING OF ANNEXATION OF PHASES e 4.01 Under no circumstances will the growth in the Orderly Annexation Area exceed a cumulative total of 120 dwelling units per calendar year measured from the year 1996 as year one. This limitation shall apply to the issuance of building permits. The City shall provide a written report to the Joint Board on July 15 and January 15 of each year commencing in 1997 identifying the number and location of building permits for new residential dwelling units issued during the previous six months. 4.02 Phase I property will be annexed to the City after the execution of this Agreement. The Municipal Board shall order annexation of the Phase I property within thirty (30) days following receipt of this Joint Resolution. 4.03 Phase II property may be annexed by the City f1ling a Resolution with the Minnesota Municipal Board any time after January 1, 1999. 4.04 Phase III property may be annexed by the City f1ling a Resolution with the Minnesota Municipal Board any time after January 1, 2002. 4.05 Phase IV property may be annexed by the City f1ling a Resolution with the Minnesota Municipal Board any time after January 1, 2015. 4.06 The City may annex Phase II property prior to January 1, 1999 provided that the accelerated growth does not exceed the one hundred twenty (120) dwelling units per year limitation. 4.07 The City may annex Phase III property prior to January 1, 2002 provided that: a) the accelerated growth does not exceed the one hundred and twenty (120) dwelling units per year limitation; and b) that seventy-five percent (75%) of the net developable area of Phase I property annexed to the City has been platted and developed into occupied residential dwellings. 4.08 The City is free to deny an annexation or extend the timing of a phase at any time at its sole discretion. This Agreement does not confer any rights upon any individual property owner to require the City to annex his or her property. 4.09 As an exception to the Phasing Schedule, the City may annex property not described in Phases I, II or III by Resolution if the property is adjacent to the City, is petitioned for by one hundred percent (100%) of the property owners within the area to be annexed and if the resulting annexation will not create a level of growth that exceeds the one hundred twenty (120) dwelling units per year limitation. e 35667.01F OS/23/96 -4- e 5.01 5.02 5.03 5.04 SECTION FIVE COMMERCIAL AND OTHER DEVELOPMENT Commercial Development within the Annexation Area will be limited to the 6.3 acres of commercial property at the southeast quadrant of C.S.A.H. 12 and C.S.A.H. 15, and the Bergman and Bradshaw property along Highway 36 between County Road 5 and County Road 15. These are the only properties designated for commercial use in the City's Comprehensive Plan. Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification that will be described as "Village Commercial Zoning" or "Neighborhood Commercial" with separate guidelines, standards and design criteria designed to meld the 6.3 acre commercial area into the rural setting of the adjacent residential property remaining in the development and the Town as described in Exhibit "E". Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification for the Bergman and Bradshaw properties to be known as the "Research and Development District" that will have standards and criteria consistent with the classification described in the Comprehensive Plan. The district will house office, light industrial and service uses in a coordinated planned unit development campus setting. Agriculture will continue to be a permitted use in the areas re-zoned pursuant to this Section. SECTION SIX ASSESSMENT AND UTILITY POLICY 6.01 Concurrent with the adoption of this "Joint Resolution", the City Council will adopt an assessment policy that will protect new City property owners who are neither subdividing their property nor requesting municipal services from special assessments and utility charges for sanitary sewer, storm sewer, . water and street upgrading. The policy shall be as follows: e 35667.01F OS/23/96 a. Except as set forth in Section 6.04, no property will be assessed for sanitary sewer or required to pay sanitary sewer hook-up or utility charges if the property is not connected to public sanitary sewer. b. Except as set forth in Section 6.04, no property will be assessed for municipal water or required to pay water hook-up or utility charges if the property is not connected to the municipal water system. c. No property will be assessed for storm water improvements or required to pay storm water hook-up or utility charges prior to subdivision of the property. -5- d. Any property which hooks-up to City sanitary sewer shall pay a hook-up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 e limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system. e. Any property which hooks-up to City municipal water system shall pay a hook-up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system. f. Property which is not being subdivided will not be assessed for the cost of street improvements necessitated by development occurring within the orderly annexation area. However, if the street is substandard at the time of the improvement, the property may be assessed an amount equal to the assessment that would have been levied by the Town, if any, under the Town assessment policy in effect prior to the annexation of Phase One. The property may be subject to additional deferred assessments payable if and when the property is subdivided. "Substandard" is determined by Township standards in effect prior to the annexation of Phase I. g. If a property hooks up to City sewer or water it will be charged for one hook- up as per Section 6.01 d and e regardless of whether the property can be further subdivided. Additional hook-up charges will be due at the time the property is subdivided based upon the hook-up. charges in effect at that time. 6.02 Concurrent with the City's adoption of this "Joint Resolution", the City will adopt a sanitary sewer and water hook-up policy which includes the following provisions relating to property within the orderly annexation area: a. Prior to subdivision of the property, no property owner will be required to hook-up to the City's municipal water system. b. Prior to subdivision of the property, no property owner will be required to hook-up to the City's sanitary sewer system unless hook-up is mandated by State Statute or Minnesota Pollution Control Agency (MPCA) regulation and enforcement action is initiated. A property owner will be permitted to upgrade or replace a failing system in accordance with MPCA standards. The City ordinance will not impose regulations that are more stringent than those required by the MPCA. 6.03 This section does not require the City, if requested to by a Property Owner, to extend sanitary sewer service to property which has a failed on-site system if the extension is not feasible or cost effective. 6.04 The benefits and limitations set forth in this Section do not apply nor are they for the benefit of owners who subdivide their property. e 35667.01F OS/23/96 -6- e 6.05 The limitations in Sections 6.01 d and e will be annually adjusted commencing January 1, 1997 based upon the Consumer Price Index for Urban Consumers (CP-U). SECTION SEVEN REAL ESTATE TAXATION 7.01 Rural Tax Rate Adiustment. It is recognized that there is a significant difference between the City's municipal percent of tax capacity rate, which is approximately .35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of .17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the full municipal rate would be burdensome. The City, therefore, will concurrent with the City's adoption of this " Joint Resolution" amend, subject to the second reading required by City Charter, its Rural Service Taxing District Ordinance to include: a. A rural service district that will include only parcels that are not connected to municipal sewer or water services. b. A rural service tax rate that will be set at seventy-five percent (75%) of the City Urban Service District rate. c. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation, the initial rural service tax rate in the year of annexation will be Fifty percent (50%) of the urban rate, with the percentage being increased five percent (5%) each year to the seventy-five percent (75%) rural service rate. 7.02 Tax Rate Adjustment for Parcels Not Requesting Annexation. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation and do not qualify for the rural service taxing district, the initial urban tax rate in the year of annexation will be fifty percent (50%) of the urban rate, with the percentage being increased 10 percent (10%) each year for five (5) years to the full urban rate. 7.03 Tax Payment to Town. During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20%) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City. For the purpose of this section, any increase in tax capacity over the tax capacity generated in the year of annexation will remain with the City . i"e 7.04 Year of Annexation. If the annexation becomes effective on or before August 1 of any year, the City may levy on the annexed area beginning with that year. If the annexation becomes effective after August 1 of any year, the Town may continue to levy on the annexed area for that year, and the City may not levy in the annexed area until the following year. 35667.01F OS/23/96 -7- SECTION EIGHT JOINT PLANNING AND LAND USE CONTROL e 8.01 The purpose of this section of the Agreement is to provide for the joint exercise of governmental authority by the City and Town pursuant to Minn. Stat. 471.59 and 414.0325, Subd. 5 in order to insure orderly development within the annexation area in accordance with this Orderly Annexation Agreement and the City's Comprehensive Plan. 8.02 The powers set forth herein shall be exercised by a four (4) member board consisting of two (2) City Council members appointed by the City and two (2) Town Board members appointed by the Town Board of Supervisors. 8.03 The Joint Board will review official controls necessary to regulate development of property and development applications within the Orderly Annexation Area before its annexation by the City in order to insure that the property remains in a status available for development into urban density residential uses in accordance with the City's Comprehensive Plan. The area north of the railroad tracks and east of the Oak Glen development and south of Highway 96 shall remain in the present conservency zoning classification now in effect in the area. A zoning classification for the Bergman farm that is the same as the City's Research and Development Zoning District will be adopted in order to protect the area from development that would prevent or frustrate the eventual urban development of the farm as an Urban Research and Development Center. 8.04 As to property within the Orderly Annexation Area after its annexation into the City, the Joint Board shall have the following delegated powers: a. Approve amendments to the City's Comprehensive Plan relating to the Orderly Annexation Area; b. Approve the initial adoption of, amendments to, or variances from the City's official controls relating to the Orderly Annexation Area. c. Approve any special assessment and sanitary sewer and water hook-up ordinance or policy and any amendments for consistency with Section Six. d. Approve the Rural Service Taxing District ordinance or any amendments thereto, for consistency with Section Seven herein. e. Review and comment on the consistency of any development application with City's Comprehensive Plan and Orderly Annexation Agreement. f. All matters subject to approval by the Joint Board as set forth in ~8.04 (a), (b) or (c) shall be processed in the same manner by the City as any other such e 35667.01F OS/23/96 -8- e matter. Any required public hearing before the City Planning Commission or City Council shall also be noticed as a public hearing before the Joint Board. g. Final action by the City relating to matters described in ~8.04, Subd. (a), (b), (c) or (d) may not be taken unless the Joint Board certifies approval of the action. If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution ("ADR") in the form of mediation/arbitration ("Med-Arb") or such other agreed upon ADR format. If mediation fails, the Neutral will issue a recommended decision. The Joint Board will adopt Findings of Fact and Decision consistent with the Neutral's recommendation and supported by the administrative record developed by the City and Joint Board. The Neutral shall base the recommended decision on the City and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and City are required to follow in determining the matter at issue. h. Development applications subject only to review and comment by the Joint Board pursuant to Paragraph 8.04(e) herein shall be processed in the same manner as all other development applications except as follows: (1) The Joint Board shall meet before the Planning Commission completes its consideration of the application. Minutes of the Joint Board's discussion of the application shall be included in materials submitted to the Planning Commission. No public hearing need be conducted at the Joint Board meeting; (2) The Town Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board's review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members. 8.05 "0fficial controls" means ordinances, regulations and policies which control the physical development of the city and use of land, or any detail thereof and implement the general objectives of the comprehensive plan, including ordinances establishing zoning, subdivision controls, site plan regulations and official maps. 8.06 The Joint Board will not be responsible for any staff time, consultant expenses or other costs incurred by the City and Town in connection with the processing and review of any matter which requires approval by the Joint Board. The Town and City will be responsible for paying their own employees, consultants and Joint Board members, Any expenditure incurred by the Joint Board, including the appointnient of a Neutral to conduct ADR proceedings, if necessary, shall be apportioned seventy-five percent (75%) to the City and twenty-five percent (25%) to the Town. e 35667.01F OS/23/96 -9- 8.07 This Joint Powers Agreement shall terminate concurrently with the Orderly Annexation Agreement on January 1, 2020, except as follows: As to the matters set e forth in Section 8.04 (b), (c) and (d) herein, the Joint Powers Agreement shall remain in effect so long as there are any Phase IV properties that are still entitled to the protection of Sections Six and Seven herein, pursuant to Section 16.01 herein. 8.08 Concurrent with the City's adoption of this Joint Resolution, the City shall amend, subject to the second reading required by City Charter, its zoning ordinance to provide that property is zoned agricultural upon its initial inclusion into the City upon annexation. The Agricultural zone shall not allow any non-agricultural commercial use. The owner of any property proposed to be annexed pursuant to Section 4.09 which has an existing non-agricultural use shall agree to terminate the use as a condition of annexation. Nothing herein precludes the City, subject to Joint Board approval pursuant to Section 8.04 (b) herein, from rezoning the property to another use at the time of or subsequent to its annexation. SECTION NINE PERFORMANCE STANDARDS 9.01 The City agrees to develop Performance Standards for developers who work within the Orderly Annexation Area. The standards will measure developer performance in the areas of fmandal responsibility, protection of the environment during construction, construction traffic management, compliance with established time tables and responsiveness to citizen complaints. Each developer will be reviewed annually for compliance with these standards and the City will develop a system to sanction developers who fail to meet standards. SECTION TEN INCLUSION OF JOINT TASK FORCE RECOMMENDATIONS 10.01 To the extent feasible and permitted by law, the City agrees to include the recommendations of the Joint City/Town Planning Task Force within the ordinances and policies of the City. These recommendations are adopted and made a part of this Agreement as Exhibit "F". SECTION ELEVEN ENVIRONMENTAL AND OPEN SPACE PRESERVATION 11.01 The City agrees that environmental assessment worksheets will be required at each critical stage of any development review process as required by the Rules of the Minnesota Environmental Quality Board. Further, the recommendations developed by the Stillwater Area Open Space Committee will be implemented when feasible and the guidelines for protection of open space and the environment within the Orderly - Annexation Area will be followed when feasible or when permitted by law. The Stillwater Area Open Space Committee Report prepared by Kathryn Malody, e 35667.01F OS/23/96 -10- e Botanical Consultant, dated August 1995 is adopted and made a part of this agreement as Exhibit "G", and the recommendation set forth in the study for sites within the Orderly Annexation Area must be made available to the Planning commission and City Council when any planning review is made of any proposed development within the Orderly Annexation Area. SECTION TWELVE INFRASTRUCTURE INSTALLATION WITHIN THE TOWNSHIP 12.01 When sewer and water trunk facilities will be extended through Town area in order to serve phases of the Orderly Annexation Area that are ready for urban development, the City agrees to notify the Town Board of the development plans. The City will copy the Town Board on any correspondence with Town property owners relating to easements or right-of-way acquisitions. SECTION THIRTEEN MAINTENANCE OF EXISTING INFRASTRUCTURE WITHIN TOWN 13.01 The Town will continue to maintain streets and other public improvements in the Annexation Area so long as they remain in the Town. If improvements are required in this area which are not necessitated by growth in the City Annexation Areas, the City will pay to the Town a portion of the cost of the improvement which extends the useful life of the improvement beyond the time at which the street or other improvements is projected to be annexed into the City. The City's portion of the cost will be prorated based upon the following formula: Useful Life After Cost of Improvement x Projected Annexation Date = City's Share Total Useful Life 13.02 If public improvements are required in the Orderly Annexation Area that remain in the Town and are necessitated by the growth occurring in an area annexed pursuant to this Agreement, the City shall pay the cost of the improvements, except for an amount approximating the cost of maintaining (e.g~ patching, sealcoating, and overlays) the street to a Township rural standard under the policy in effect prior to the annexation of Phase One based upon average daily traffic that existed prior to Phase One. This amount will be the Town's responsibility. 13.03 Road maintenance costs for the Orderly Annexation Area remaining in the Town will be shared based upon the City assuming road maintenance cost increases over the base year 1995. The amount of maintenance costs equal to the base year 1995, annually adjusted by the appropriate construction cost index, will continue to be the responsibility of the Town. e 35667.01F OS/23/96 -11- SECTION FOURTEEN MODIFICATION e 14.01 This Agreement may be modified at any time by written agreement approved by both the City and the Town, provided that the Resolution approving the modification be approved by 4/5ths vote of both the City and the Town. SECTION J:I'll~l'~EN GENERAL PROVISIONS 15.01 The words "shall" or "will" are mandatory. The word "may" is permissive. 15.02 If any provision of this agreement is declared invalid, for any reason, by a court of competent jurisdiction, the validity of the remaining terms and provisions shall not be effected and the agreement shall be construed and enforced as if the agreement did not contain the particular term or provision held to be invalid. . SECTION SIXTEEN TERMINATION 16.01 This Agreement will terminate on January 1, 2020 in all respects, except that any Phase IV properties annexed subsequent to January 1, 2015, shall be entitled to the protection of the provisions of Sections Six and Seven for a period of five (5) years after the year of annexation. . CITY OF STILLWATER TOWN OF STILLWATER By: By: Chairman of Its Board of Supervisors Jay L. Kimble, Its Mayor ATTEST: ATTEST: Modi Weldon, Its Clerk Pat Bantli, Town Clerk e 35667.01F OS/23/96 -12- . " .... ~. . . ~fl aff I~~~~ LEGISLATIVE ASSOCIATES, INC. Washington Office: 1101 30th Street, NW, Suite 500 Washington, D.C. 20007 (202) 625-4356 Fax (202) 625-4363 l\linnesota Office: P.O. Box 2131 Stillwater, MN 55082 (612) 439-7681 Fax (612)439-7319 June 4, 1996 PRESENTATION TO THE COUNCIL FOR THE CITY OF STILLWATER SUBJECT: STILLWATER LEVEE PROJECT - COSTS AND OPTIONS * Bids were opened May 23rd. * Low bid was Lametti and Sons of Hugo, MN for $1,918,635 for Stage 1 A & B. (The bid was about $450,000 under the estimated costs.) * The break of the bid is as follows: Stage 1 A- $1,037,960. Repair and reconstruction from Nelson to Chestnut. Stage 1 A - Amenities 140,640. Includes concrete bollards, chains, metal railing, special handling of contaminated soils (if any), and bituminous resurfacing of parking lots. $ 629,375. Repair and r~construction from Chestnut to Myrtle Str1et. Stage 1 B Stage 1 B 110,660. Parking lot s~bgrade correction, bituminous $rfacing of parking lots, bollards and'chains, special handling of contaminated soils (if any.) Total Bid $1,918,635. Federal Restrictions on Project Expenditures: * Current Federal authorization for the project is $3.2 million. This is a limitation on total project expenditures until the authorization is changed. We have received an increased authorization in the Senate Water Resources Development Committee Bill that is awaiting floor action. The House will mark up WRDA, probably next week. New authorizations by Congress in WRDA for Stillwater will not affect this current bid process. We are limited to $3.2 million at the present time. How the $3.2 million has been allocated. The $3.2 million includes $2.4 in Federal funds, $400,000 in State funding, and $400,000 of local funds. These funds have been allocated as follows: .. . i. j! . Page 2. A. $1,028,000. B. $ 393,000. C. $ 100,000. D. $ 117,530. E. $ 251.850. I I €~ 0 ,'3 ~o $1,809,380. 1;,_0>:..0 $1.309.~. $ 609,255. Design Memorandum (Stages I, II, and III); plans and specifications for Stage I and some of Stage II, Environmental Impact Study, Administration, and other costs. To the City of Stillwater for lands and damages. This was the appraisal rate determined by the Corps for a permanent easement on the land where the levee is located, and temporary easements for the parking lots which will be used for storage of materials and equipment by the contractor. This was an unanticipated cost to the project. Anticipated engineering and design work during Stage I construction. Construction management, 7%. (Corps of Engineers.) Contingency Costs Set-Aside at 15%. Total Commitments and expenditures. Balance Available for Construction. Shortage for Stage I A & B, with amenities. Areas of Potential Reduction in Project Costs: A. $ 350,000. B. $ 50,000. C. $ 251,850. D. $ 300,000. ) City contribution of a portion of easeme~ payments to the City by the project. .. Additional engineering and design work}@> $100,000. A likely reduction, but can not be used at the outset of the project. Can use some of the contingency fund now (2 or 3%), and probably much more by November, 1996. We have requested an additional $300,000. from Congress in the FY 1997 Appropriations bill. We will not know the results of our request until early October, 1996. Options available to the Council: 1. $1,178,600 Approve construction of Stage I A and the amenities only. Postpone the Northern half of the levee work until additional Federal fundsare allocated. City would contribute $7,000. to the project under this option. ~. . .. .. . Page 3. 2. $1,667,335. Approve construction of Stage 1 A & B without amenities, but contribute about $350,000 of easement payments back to the project. Unused portions of the Contingency Set-Aside or anticipated additional engineering and design costs could be used toward project amenities. There is approximately $1 ,000,000 included in Stage II of the project for payments to the City for lands and damages, thus reducing the City's 12% share of the project costs. If additional funds are made available in the FY 1997 Appropriations bill for the project, these funds can either be used for Stage 1 amenities, or toward the construction of Stage II, the extension of the levee wall. If Option 2 is the choice of the Council, the City needs to initiate action for an appraisal of the affected property to determine additional funds that might be available as the result of a potential lower appraisal value. 1 !I .'1 J .1 , ,t t~' , "~i'." ., " ~ LEGISLATIVE ASSOCIATES, INC. e Washington Office: 1l013Oth Street, NW, Suite 500 Washington, D.C. 20007 (202) 625-4356 Fax (202) 625-4363 Minnesota Office: P.O. Box 2131 Stillwater, MN 55082 (612) 439-7681 Fax (612) 439-7319 May 27,1996 To: Mayor and Council Members From: Ed Cain Subject: Stillwater Levee And Flood Control Project: Status and Financial Report The U.S. Army Corps of Engineers opened the bids for Stage I - A & B of the Stillwater Levee and Flood Control on Thursday, May 23, 1996. The Corps is reviewing the bids, the bonding of the bidders. and other procedures required before the final contract is awarded. This process will require two to three weeks at which time the contract will be awarded to the lowest bidder that meets all of the speCifications of the published "Request for Bids." We still anticipate a start date of late June or early July depending on the water levels in the river. Four bids were received at the St. Paul District Office of the Corps, of which the lowest bid was tendered by Lametti and Sons of Hugo, Minnesota. The Lametti bid was $1,918,63 for Stage I - A & B, including the amenities for the project. Their offer is $450,000 less than the estimated costs of Stage I projected by the Corps. Lametti and Sons do a lot of work for the Corps, and it is anticipated that they will have no problems in securing the bid as the low bidder. The preliminary work for the project required the expenditure of a substantial part of the appropriated funds. This work included the development of the Design Memorandum, the Environmental Impact Statement, the plans and specifications, and other actual and projected potential costs. It will make the completion of Stage I - A & B a very tight financial situation with the remaining funds. There has been considerable flexibility built into the bid request that will permit the maximum use of the funds available. e Early on, we anticipated a portion of the local contribution would come from reimbursement of lands that the City has purchased along the riverfront. However, most of this was anticipated to come from the land purchased at the North end of the project, } , ... Page 2. Levee Construction Status and Financial Report , ~ in the Mulberry Point area. The Corps' appraisers determined that the value of the land and damages for State I - A & 8 would be $393,000, in addition to lands provided by the City in Phase II of the project. Since these costs were not anticipated for Stage I, it increases the cost of the project by a like amount, but reduces the amount of work that can be done in Stage I. e We have requested an additional $300,000 from Congress in the FY 1997 appropriation for Stage I, but we will not know the results of that request until the first week of October of 1996. If the additional funds are provided in this year's Congressional appropriation, we will be able to count most of the lands and damages as a City contribution in Stage I, and still get Stage I completed. If not, either the amount of work will have to reduced, or the City will need to contribute the full share of $400,000 for Stage I that we originally planned. There is budgeted an "in-kind" contribution of about $1 million for Stage II of the project which will reduce the City's 12 1/2% share of the total project considerably. The attached budget for Stage I - A & B was provided by the Corps, and spells out in some detail the costs of the project to date, and those projected costs for the first phase of the levee repair and reconstruction. Please call me if you have questions, or would like to discuss the financial status of the project further. e ~ '. .. STILLWATER LEVEE PROJECT COSTS AND ALLOCATIONS - A. Preliminary Costs $ 393,000. $1,028,000. $ 100.000. $1,521,000. Lands and damages - City of Stillwater Design Memorandum (Stages I, II, & III); Plans and Specifications (Stage I, & some Stage II); Environmental Impact Study. Anticipated Engineering and Design work. Part A. Total B. Construction-Related Costs $3,200,000. -1.521.000. $1,679,000. - 117.530. $1,561,470. - 251.850. $1,309,620. Total- Federal, State and Local Funds Available Part A. Costs. Project Balance. 7% for Construction Management Project Balance. 15% Contingency Costs Set-Aside. Project Balance for Construction. C. Lametti and Sons Construction Bid Stage I -A Repair, reconstruction of Levee from Nelson to Chestnut Streets; With rip rap solution in the area in front of the Dock Cafe. Amenities include chain barrier on walkway, disposal of any questionable subgrade materials, repavement of roads and parking lots, et al. $1,037,960. Stage I-A +140.640. Stage I-A Amenities $1,178,600. Total Bid for Stage I-A e Page 2. Stage 1-8 .< ,~ It Repair, reconstruct levee from Chestnut to Myrtle Street; Amenities include those in I-A, et al. e $ 629,375. Stage I-B + 110.660. Stage I-B Amenities $ 740.035. Total Bid for Stage 1-8 $1.667.335. Total Bid Stage I A & B Without Amenities. $1.918.635. Total 8id Stage I A & B With Amenities. D. Areas of Potential Reduction in Costs: Reductions City contribution of lands to Stage I of the project. ($ 393,000.) Additional engineering and design work @ $100,000 ($ 50,000.) 15% Contingencies @ $251,850. ($ 166.000.) Total Reductions ($ 609,000.) $ 609,000. $1.309.620. $1.918.620. Total Project Reductions Project Funds Available for Construction. Funds Available for Construction after Reductions. (If/when the $300,000 requested from Congrress is approved, those funds can be added to project construction.) e I e MEMORANDUM DA: Mayor and City Council Steve Russell, Community Development Director ~ May 30, 1996 REQUEST FOR HANDICAPPED PARKING SPACE AT CORNER OF SECOND AND COMMERCIAL TO: FR: RE: The Downtown Parking Commission at its meeting of May 23 considered the request for a designated handicapped parking space at the corner of Commercial and Second Street on Commercial in front of the West Publishing business. After hearing a report from the Parking Enforcement Officer as how handicapped parkers are informally handled, the commission felt it to be more appropriate to formalize the handicapped parking enforcement policy rather then provide designated handicapped parking spaces in addition to those already provided. "the informal policy is that official handicapped parker can park in any legal parking space for any amount of time" It is recommended by the Commission that this informal practice be made "official" with required ordinance change. Recommendation Direct amendment of parking ordinance to allow officially registered handicapped vehicles to park in any legal space in the downtown for unlimited time. e e e MEMORANDUM TO: Mayor and City Council FROM: City Clerk RE: Second Reading of Ordinance DATE: May 31, 1996 The City Attorney was unable to submit the second reading of the ordinance amending fee schedule for mechanical inspections in time for it to be included in the packet. The ordinance will be available for Tuesday's meeting. e MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Budget for Internet DA: May 30, 1996 Discussion: The following is the budget for developing a City presence on the Internet: Internet provider service $30-120 mo ($360-1440 annual cost) Internship program $3000-4000 (one time charge) Student job program $1 000-1500 (one time charge) The cost for this year to bring the City on-line and to develop the web page content and system for maintaining the web page would range between approximately $4180 and $6220. The lower end cost would be achieved if the City qualifies for a Business Partnership program with ISD 834. I am presently in discussion with school officials to obtain a partnership grant. I am confident that the grant will be obtained and this would lower our cost by $1500 to $2000. In regards to the internship program, the work would consist of the following: e 1. Develop technical infrastructures (appropriate software, hardware, etc.). 2. Design content process. 3. Develop content architecture (working with content subcommittee). 4. Work with and teach city staff on maintaining system. 5. Research and advise City administration on choices for a common desktop software system. 6. Design mechanisms for involvement of volunteers. 7. Train City staff person for continuation of system development/maintenance. 8. Develop a cost (and staff time) analysis for maintaining web site. 9. Set up appropriate E-mail accounts for City administration and work with staff to set up E-mail procedures. 10. Work with staff to help develop content procedures. 11. Write web pages for the City. The program could start as early as June 10th (i.e., after this school year) and would end about August 20th (beginning of next school year). I should point out that if the City is able to obtain a partnership grant, the City would actually pay the School District for the work and they would, in turn, pay the individuals working on the project. e In regards to the budget, I had budgeted for an administrative assistant position for 1996. This position will not be filled until about July 1st. Therefore, at least 1/2 of the cost of this position would be available to cover the Internet program (at least $20,000 available). Recommendation: Approve Internet internship program and related work. /jf~ el e e MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Water use permits DA: May 31, 1996 I previously discussed the request from the Washington County Sheriffs Office to establish a permit process for the issuance of permits for water related activities. The Sheriffs department is responsible for and has the authority to issue such permits. However, Sheriff Frank is trying to establish a county wide public hearing procedure that would be conducted by the jurisdiction in which the body of water is located. The purpose of the hearing process would be to allow the jurisdiction and the residents to be informed of the proposed activity and to have input into the issuance of the permit. It would appear that the number of requests for permits within the City of Stillwater would be very limited and would probably not number more than one a year (and probably not even that often). Therefore, the City could establish a permit application process with minimal impact on council and staff time. However, it would require amending the City code and the development of a procedure for the hearings. The hearings would actually be conducted by Washington County Sheriff personnel. Recommendation: Council consider establishing permit application process for water related activity. ... ~A e e , CITY OF STILLWATER Memorandum To: Mayor and Council From: Morli Weldon, City Clerk Date: May 31, 1996 Subject: , On-sale wine and 3.2% Malt Liquor License Stillwater Grill, 131 South Main Street Sandra Hudson has applied for an on-sale wine and 3.2% malt liquor license for the Stillwater Grill, with an anticipated opening date of August 1, 1996. Because the interior is not completed, a final determination of seating capacity has not been made by the Fire Chief and Building Official. Approval should be contingent upon meeting all minimum seating requirements for issuance of a license, building and fire inspections, receipt of all required forms, documentation and license fees. EVERY Q UESnON MUST BE ANSWERED. If a .corporation, an officer shall. execute this application. If a partnership, a partner shall execute this application.(pS 9114-94) ~~ Workers compensation insurance compan};. _ ~W1O-" LICENSEE'S SALES & USE TAX ill # J~ Applicants Name(Business"P)lrtnership, Cprporation) Si4}.J D Il ,4 .:::T- l-liA. 0 So }./ Business Address . U 3 IS" (,( TI1 City Sli// wed--e" Is this application New or a 0 Transfer If a co ation,' e name, title,address and date of birth of each officer. If a artnershi . Partner/Officer Name and title Address r~ (~ i ~~V Minnesota Department of Public Safety UQUOR CONTROL DIVISION ~:ou:~-. -*~~~1 :~~~ "=!Z.: ..,~.~~~/ (612)296-6434 TTY (612)282-6555 APPLICATION FOR COUNTY/CITY ON-SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) Policy # To a for sales tax #, call 296-6181 or 1-800-657-3777 Trade Name or DBA _ / / . /wa.;f..ut ?/l-I / I Business Phone s-t. Address DaB Partner/Officer Name and Title DaB Address Partner/Officer Name and Title DaB Partner/Officer Name and Title Address Date of incorporation If a subsidiary of another corporation, give name and address of parent corporation State of incorporation CORPORATIONS Certificate Number Is corporation authorized to do business in Minnesota? o Yes 0 No Name of building owner Ce BUlLDlNGAND RESTAURANT Owner's address It/Ie) SOk <I< C:/Lee,4 Si. S- -h"//U/",i~/( Restaurant ating capacity -30 Will food service be the principle business? Yes 0 No F Yes ONo 1. DYes 'b(No 2. OTHER INFORMATION Has the applicant or associates been granted an on-sale non-intoxicating malt beverage (3.2) and/or a "set-up" license in conjunction with this wine license? Is the applicant or any of the associates in this application a member of the county board or the city council which will issue this license? If yes, in what capacil)1 . (lfthe applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) During the past license year, has a summons been issued under the liquor civilliability(Dram Shop) (M.S. 340A.802). If yes, attach a copy of the summons. NO UCENSE WILL BE APPROVED OR RELEASED UNTIL THE S20 RETAILER ID CARD FEE IS RECEIVED BY MLC. DYes )(No 3. o Yes 'P!No 4. Has applicant, partners, officers or employees ever had any liquor law violations in Minnesota or else,,~ere~ If so, give names, dates, violations and fmal outcome. DYes ~ No 5. Does any person other than the applicants, have any right, title or interest in the furniturc, fL'\1ures or equipmcnt in the licensed premises? If yes, give names and details. e o Yes ~No 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? If yes, give name and address of the establishment. I CERTIFY TIlA T I HAVE READ THE BEST OF MY OWN KNOWLEDGE. THE ANSWERS ARE TRUE AND CORRECT TO THE ~ ~ Date The licensee must have one of the following: Check one o A. Liquor Liability Insurance (Dram Shop) $50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $ I 00,000 for loss of means of support. A IT ACH "CERTIFICATE OF INSURANCE" TO THIS FORM. A Surety bond from a surety company with minimum coverage as specified above in A. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of $ 100,000 or $100,000 in cash or securities. o B. o C. DYes oNo IF LICENSE IS ISSUED BY TIlE COUNlY BOARD, REPORT OF COUNTY A TIORNEY I certify that to the best of my knowledge the applicants named above are eligible to be licensed. If no, state reason. Signature County Attorney County Date REPORT BY POUCE OR SHERIFF'S DEPARTMENT This is to certify that the applicant and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows . f?d"/~E Title C!A,/tP 5T/i.t.14I1'J TeA. D artmentName ? )), IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL e OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION, CALL (612)290-3496 e Ie MEMO TO: City Council FROM: Klayton Eckles, City Engineer DATE: May 31, 1996 SUBJECT: Proposed Amendments to the Brown's Creek Watershed Management Organization Joint Powers Agreement DISCUSSION Attached for council review is the proposed amendments to the Joint Powers Agreement for the Brown's Creek WMO. The accompanying letter and memorandum summarizes some of the significant changes to the JP A. The proposed changes not only meet those mandated by the Board of Water and Soil Resources, but they also provide the WMO with many of the same powers as the watershed district. These powers include taxing authority for planning and administration, the creation of special taxing districts for capital improvements and, in rare instances, the power of eminent domain. The board is requesting that the cities and townships take action on the JP A as soon as possible. It's possible that one or more communities may not agree with the proposed changes. If these disagreements cannot be resolved, the WMO will be dissolved by the Board of Water and Soil Resources. In its place a watershed district or some similar entity would be installed. RECOMMENDATION Staff recommends that the council pass a resolution adopting a new Joint Powers Agreement to protect and manage the Brown's Creek Watershed and authorize the mayor to sign the agreement subject to approval of all other member communities. t')- < ~ " BROWN'S CREEK WATERSHED MANAGEMENT ORGANIZATION ... Mailing Addresstrechnical Advisor: Meetings: Member Communities C/O Washington Soil and Water Conservation District 1825 Curve Crest Boulevard, Suite 101 Stillwater, MN 55082 7:00 p.m., 3rd Wednesday of the Month at Washington Soil and Water Conservation District office. Bay town Township Grant Township City of Hugo City of Lake Elmo May Township City of Oak Park Heights City of Stillwater Stillwater Township PH (612) 439-6361 FAX (612) 351-7606 May 21, 1996 Browns Creek Watershed Management Organization Member Communities Baytown, Grant, May and Stillwater Township Supervisors Hugo, Lake Elmo, Oak Park Heights and Stillwater City Council Members RE: Proposed Amendments to the Browns Creek Watershed Management Organization Joint Powers Agreement Dear Council and Town Board Members: Enclosed for your review and adoption, please fmd a copy of the proposed amendments to the Browns Creek Watershed Management (WMO) Joint Powers Agreement approved by the Browns Creek Watershed Management Board of Commissioners on May 15, 1996. The proposed amendments include: 1. Provisions mandated by the Board of Water and Soil Resources in Minnesota Rules 8410.0030 and 8410.0040 (see enclosed memo); 2. Updated citations to current statutes and rules; 3. Editorial changes to correct outdated language and inconsistencies; 4. Provisions authorized by recent amendments to the Minnesota Statutes governing joint powers management organizations, enhancing their powers to include taxing authority and other authorities of watershed districts. All amendments are indicated by underlined and strike-through language. The Board of Commissioners believes all parties to the Joint Powers Agreement share a common vision of conserving water and soil resources in the Browns Creek Watershed and managing those resources in the most ~effective means possible. This vision will best be accomplished by enhancing the powers of the Browns Creek WWatershed Management Organization to allow it to manage water issues like a watershed district while maintaining the local governmental control. The Board of Waters and Soil Resources has required the Browns Creek Watershed Management Organization to take action by June 21, 1996 to affect a long term solution to governing water management issues in the Browns Creek Watershed. It is for this reason that we Baytown, Grant, May and Stillwater Township Supervisors Hugo, Lake Elmo, Oak Park Heights and Stillwater City Council Members May 21, 1996 Page 2 .. e request each council and town board to act quickly to review and provide its comments regarding the proposed amendments. The Watershed Management Organization asks that each community adopt or provide substantive comments to the proposed joint powers agreement prior to the June 19, 1996 WMO board meeting. Thank you. We look forward to working with you to reach a common goal of water management. Sincerely, Klayton Eckles, Chairman Board of Commissioners Browns Creek Watershed Management Organization Enc!. Memorandum regarding mandatory Joint Powers Agreement Language Proposed (ammended) Joint Powers Agreement for the Browns Creek Watershed Management Organization cc: Barbara Ohman, BWSR Baytown Township Clerk and Attorney Grant Township Clerk and Attorney City of Hugo Administrator and Attorney City of Lake Elmo Administrator and Attorney May Township Clerk and Attorney City of Oak Park Heights Administrator and Attorney City of Stillwater Clerk and Attorney Stillwater Township Clerk and Attorney C:\MSOFFICE\ WINWORD\MJD\ WSD\BCWMO\052lJPA.DOC e , I- ~;. <. MEMORANDUM ,e Under Minnesota statutes and Rules the Joint Powers Agreement must contain the following provisions: 1. A purpose statement consistent with Minnesota statutes section 103B.201; 2. A complete legal description defining the BCWMO boundary; 3. A requirement to adopt rules of order and procedure; A process for establishing an annual budget and work 4. plan; 5. A formula for determining each member's share of the annual operating budget; 6. A statement of how member appointees are to be compensated; 7. A procedure providing for the establishment of citizen and technical advisory committees or other means of public participation; 8. A section defining the powers and duties of the BCWMO; 9. A section establishing the duties and terms of the officers of the Board; 10. A notification process on the location and time of meetings; 11. A section defining the voting requirements for decision making and capital improvements. Decisions of the BCWMO Board cannot require more than a majority vote; except decisions on a capital improvement project, which can require no more than a two- third's vote. 12. A section outlining meetings to be scheduled at least annually; 13. The process and responsibilities of the BCWMO and its members for filling vacancies consistent with Minnesota statutes section 103B.227 (1), (2); 14. Procedure for removing a member of .the joint powers board consistent with Minnesota statutes section 103B.227 (3) and Minnesota Rules 8410.0040; e 15. The duration of the agreement, and a process for dissolution that provides for at least 90 days' notice of intent to dissolve to Washington County and to BWSR; 16. A section defining how the membership will be _ represented, with the total number of representatives to be at least three. 17. A requirement that the organization publish and distribute a newsletter each year to residents in the Watershed. Minn. Rules 8410.0030, .0040; Minn. stat. S 103B.211 (1) (c), .227 (3), (4) {1994 & Supp. 1995).0 2 _I Additions are underlined. 4It Deletions are stricken through. JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE BROWNS CREEK WATERSHED THIS AGREEMENT is m~de ana entered into ~3 af the d~t9 of Qxeoytion, by 81"1S SCl'tUQQR the parties lIni be af ~ave.r1"1mel'lt wi thin to create the Browns Creek Watershed Management Organization (hereinafter referred to ao "WHO"). Each party realizes that the success or failure of the Browns Creek Watershed Management Organization oreateEi by thio agreement is dependent upon the desire of each member community to cooperate in the exercise of joint power to sol ve a common problem. Each party to this agreement pledges its cooperation to meet the requirements of the Metropolitan Surface Water Management Act, Chapte~~~.~ws 1982. (Hinn. stat. i7a.87i 47J.ii1) Minn. Stat. ~~103B.201-.255 (1994 & SU90. 1995). as amended. liI'i'UEDOE'i'II; WHEREAS, the mYRiGi~alitios ana tgWR~Rip. parties are qovernmental units within the Browns Creek Watershed. all of which have 90wer and resoonsibilitv to construct. maintain storm water manaqement facilities to imorove water quality. to oromote qround water recharqe. and to orotect. oromote and oreserve water resources within the Watershed: and have :lYthority paroua1"1t ta ~fiRR. -&~au. ~71.i9 te joiRtly aRs/or goe~Q~ativQly sy a~reemQRt, Qxerci~Q any ~g'J'Qrs commeR to tho GgRtraotiH~ ~arties, and, WHEREAS. the oarties have authori tv oursuant to Minnesota Statutes section 471.59 to iointlv and or coooeratively bv agreement. exercise any oowers common to the contractinq ~arties: and WHEREAS. the oarties have authori tv oursuant to Minnesota Statutes section l03B.211 to iointlv or coooerativelv manaqe or plan for the manaqement of surface water in the Watershed: WHEREAS, the parties ft're desir~ ~ to cooperatively develop~a iyrfacQ Watershed Management Plan for the Watershed and to institut~ programs to conserve soil and water resources through implementation of practices that preserve and use natural storage areas, control excessive volumes and rates of run-off, effectively reduce or prevent erosion and sedimentation, promote ground water recharge, improve water quality and prevent flooding in order to protect and manage the natural and aL~ificial water conveying systems of the Browns Creek Watershed~~ ana e l'iJiilkREAi, ~~Uil p~r~iee aa./e rcjc::Jted the alt.e.rnativ~ of Uinn. '~a~. CAap~eF llJ seoa~se tHey, tHemselves, individually ana ("ol19Q't i u91y aapo broad. po\!erEi lJHieH mal[e peaai15le the at.t.ainm~nt of ~RG P\U'pOiiiGiii R9reiR \:it.A8\::lt eat.aeli~hing an addit.iolaal taxilag .:lln"'~"""';"'y "'PQ ~'i taQU~ icolatiJ:l9' aeoisiefl maldnEj furt.her from t.h~ QlQct.ora.tQ e 110l'l, Therefore, the parties to t.his Agreeft\cn'E ae lftl:lt.ually agree as follows: ART I CLE .;. J. General Purpose 1.1 It is ~he general purpose of th~ ~ar'tiea t.e this agreement is to establish an organization to jointly and cooperatively develop and implement a Surface Watershed Management Plan and program~ to prQ~Gr\rG ~J:ld. QSG Rat:aral water at.crage and r9t9ntioR system iR oraeF tel a) RQduce -to taQ 9'reates't prae'kieal ext.ent. 'the ~ublic ("a.ritill expenditQres RGgG~,"ary to oSRtreleueeaai-.;e ~.olulfte3 and rat.es of run off; b) Improue ,",'ater quality 1 (") preuent floodiRg aRa erooion frem surface flows, d) PrORlot.Q groURQ liTater reghar~s 1 (1) rret.cot. and enhance fish and wildlife habitat alnl waLt::L rGcreatioRal faoilitiea, ana f) Secure other bSRefits assooiated with t.he proper Rl~RagemGRt of Gyrfaoe liiTa'ter. Al. Drotect. Dreserve. and use natural surface and groundwater storaqe and retention svstems: ~ minimize Dublic caDital exoenditures needed to correct floodinq and water auality Droblems: Ql identifY and Dlan for means to effectivelY Drotect and imDrove surface and qroundwater auality: Ql establish more uniform local Dolicies and official controls for surface and groundwater manaqement: ~ Drevent erosion of soil into surface water systems: !l Dromote qroundwater recharqe: gl Drotect and enhance fish and wildlife habitat and water recreational facilities: and hl secure the other benefits associated with the DrODer manaqement of surface and qround water. In addition to the above Durooses. the Browns Creek Watershed Manaqement Orqanization shall serve as the watershed manaqement orqanization for the Browns Creek Watershed and shall carry out all of the duties and resDonsibilities outlined in Minnesota Statutes sections 103B.201 throuqh 103B.255. 1.2 The boundaries of the Browns Creek Watershed Management Organization are s~t. fert.h defined in the attached Exhibit I.:,. e 2 e e attaaaoa herete and iJu:lerporated by referenc:e hel::c~l1 allJ ~hClll Lt:= b~r~inaftQr rQfQrreQ to ao tbe "Area". 1.3 In general, the Watershed Manaaement Elan may include projects which accomplish the following: a) Preserve and use natural water storage and retention systems in order to reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of run-off; b) Protect and improve existing water quality in lakes and streams through proper land use and appropriate conservation practices; c) Prevent flooding and erosion by implementing flood plan management and erosion control systems; d) Protect and enehance fish and wildlife habitat and water recreational facilities by reducing pollutant loads to lakes and streams; e) Undertake needed programs to promote ground water recharge; f) Provide a mechanism for the review of local land and water management plans; g) Provide a forum for resolution of future intergovernmental disputes relating to the management and protection of the Browns Creek Watershed; h) Provide cooperation on a united basis on behalf of all units of government within the ~ Watershed and with all other levels of government to facilitate soil resource protection and water management in the area. The above descriptions are not intended to be exclusive or overly restrictive of the 'conservation plan or the program, but are rather intended to act as a guideline. ARTICLE n- ~ Definitions 2.1 For the purposes of this agreement, the terms shall have the meanings as defined in this Article. a) "Cvuuuibsion"". "Browns Creek Watershed Manaaement Oraanization." "BCWMO" The erEjaftizat.icft ioint 'Dowers watershed manaaement oraanization created by this agreement, the full name of which is the Browns Creek Watershed Management Organization. It shall be a public agency of its members. b) "Board" The Board of Commissioners of the CvMi1issioh BCWMO consisting of one Commissioner from each of the governmental units which is a party to this agreement' and which shall be the governing body of the CVlWll~i:>>i:>>ioh BCWMO. c) "Council" Means the governme.ntaling body of a governmental unit which is a memBer of ~ftia eemmiasioft party to this aareement. d) "Governmental t1ait" Means t.hat City, Township, Cvu.l1Ly, iSReel Distriot er ether political subdivi~ion ci~ed in Minnesota it.~. (71.&9, iussivisieft S. 3 ~) "commissioner" Is any person appointed to the COl,u..i~~ion Board by each Councilor in the Commissioner's absence, the alternate. ~) "Browns Creek Watershed," "BCW. " "Watershed" Unless otherwise stated, means that area within the boundaries of the BCWMO described in the attached Exhibit 1. described and se~ fo~~ll ~n Exhibit 1 attached hereto and inoorporated by reference herein. e ARTICLE H; .J. Board of Commissioners 3.1 The governing body of the CemmissieR BCWMO shall be its ~oard. Each Council shall be entitled to appoint one Commissioner on the Board and one Alternate who may sit when the Commissioner is not in attendance and 8aid this Commissioner or Alternate shall be called a Commissioner. 3.2 Each Commissioner and Alternate shall be appointed for a three year term~ The Commissioner or Alternate mav be removed bY the aDDointina authority before term expiration for violation of a code of ethics of the BCWMO or aDDointing authori tv or for malfeasance. nonfeasance or misfeasance. after beina Drovided an opportuni ty for hearina before the aDDointina authori ty. Commissioners or Alternates holdina the Dosition as an elected official who are not reelected. or are servina an indefinite term at the Dleasure of the aDDointina authority. may be removed by the aDDointina authority at will. In accordance with Minnesota Rules 8410.0040 a decision of the ap~ointina authority may be aDDealed to the Board of Water and Soil Resources. 8Bd sRall aerve a't ~he plQa~\lrg gf the CouRcil appeint:in~ DUCR. COJlUllissisRer, aBEt sueR Commi~~igRQr gr AlternatQ may se removeQ sy the Gouno!l at any time wit-A or '11i thou~ cau&g. TAg tQrm gf tho firct appainteco oha1l gggin t.hirt.y days after the execution ef ~his agreemen~ Ahd the t9rP of the fir~t appoiRtge &Aall ge aE: fo1lowoI 8a!tteliJlR TowRsaip - 1 year 'term CraRt Tgw~~hip - ~ ygar tgrm Hu~e - 3 year t.erm May TOWREhip - 1 year term itillwat:er - ~ year t.erm itillwater To~mE:llip - 3 year term Fe1lollJiR'j the appoiRtment gf the initial Cgmmi.&ioner(&) aRd Alternate(s) for the iRitia1 term opooifica asove, all future appoint.entc cllall be for a J year term. The terms of aDDointees shall be as follows and reDeat until chanaed: Bay town Grant HY.9.Q 1& 1992-1995 1993-1996 1994-1997 1992-1995 Mav OPH SC ~ 1993-1996 1994-1997 1992-1995 1993-1996 3.3 Vacancies. A vacancy on the CUlwulo:>o:>luu Board shall be filled by the Council whose membership position on the CUllwLlo:>o:>luu 4 . e Board is vacant. Each Council shall follow the notification orocedure for fillinq vacancies as required bv Minnesota Statutes section 103B.227 (1) .(2). 3.4 Compensation and Expenses. The Cemmiooien Board member shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings, except to the extent the Council .i9h~ may determine to compensate or reimburse the expenses of the member it appoints.L, in which case the obligation to make such payment shall be that of the individual council and not of the ~9mmiLSign BCWMO or Board. 3.5 Officers. The Cemmiooion Board shall elect from its membership a Chairperson, Vice-Chairperson, Secretary -afMi- LTreasurer and further officers as it may be necessary to reasonably carry out the purposes of this agreement. All such officers shall hold office for a term of one year or until their successors have been duly elected by the members of the Commission Board~ Any such officer may only serve while a member of the COlBlldccioft Board. Vacancies in office shall be filled by the membership of the Commission Board by election for the remainder of the unexpired term of such office. The duties of the Chairoerson shall be: to chair all meetinqs of the Board. to sian all official corresoondence. to siqn instruments on behalf of the BCWMO and Board. and to be a sianatory of the Board's accounts. The duties of the Vice-Chairperson shall be: in the event of absence or disability of the Chairoerson. the Vice-Chairoerson shall succeed to the Chairoerson' s Dowers and duties. The duties of the Secretarv /Treasurer shall be: to DreDare and distribute all aqenda and minutes of the Board's meetinas. to oversee all of the Board's accounts and records. and to be a siqnatorv to these accounts and records. 3.6 Quorum. A majority of the Board shall constitute a quorum: in the absence of a quorum, a scheduled meeting shall be canceled. 3.7 Meetings. The Board shall meet at least once annuallY. The regular meeting date of the COll'l1ni.!osioh Board shall be established by resolution of the Oemmiasieft Board and may be 'changed from time to time. Special meetings shall be held at the call of the Chair or by any member giving not less than 48 hours three days written notice of the time, place and purpose of such meeting delivered or mailed to the residence of each Commi!l!liol. Board member or to the City Clerk for each member City and/or Town~. If a Derson receives actual notice of such meetinq at least 24 hours before the meetinq. all notice requirements of this section and of Minnesota Statutes section 471.705 (lc) are satisfied with reSDect to that Derson regardless of the method of receiot of notice. All meetings of the Cemtmis13ieft Board are subject to Minnesota Statutes section 471.705 (The Minnesota Open Meeting Law). The Board shall adoDt rules qoverninq the e 5 shall be distributed to the governmental units of the Commiscien BCWMO. Such distribution of the ~emmissioR BCWMO assets shall be made in proportion to total contribution of the Commi~~ion parties ~ required by. the last annual budget. ARTICLE ~ ~ Effective Date This agreement shall be in full force and effect upon the filing of the certified copy of the Resolution approving said agreement by each governmental unit. ARTICLE X Orqanizaticnal Ueetinqs Af~er notice af the effective date has been issued, a date will be ~et for the Board's fir~t JIle9ting Said meeting ~hall take place wi'thiR '0 days aft.er ~fte effective date of this aqreemeht. ARTICLE ~ .lQ Amendment The CemmissisB Board and/or the Councils of the parties may recommend changes and amendments to this agreement. Such recommendation shall be forwarded in writing to all of the Councils of the parties. Amendments shall be adopted by three-fourths (3/4) vote of the governing bodies of the parties within 90 days of the referral. NswQvQr, aRY' amenasmt ~~ich chaRge~ the JIlethod of apprg~~l for i.p~o"a.~Rt~ e~ 'tRe fiRaRQiR~ et ~R8 Qa..iGGisR mus't be tu:tatdmo"Fly apprnued 17 e' e oroceedinqs of its meetinqs, but unless otherwise orovided, Robert's Rules of Order, Revised shall be used. 3.8 Annual Meetings. At the firat mcctinq of the Board and At the Board's regular meeting in January of each and ev~ry year 'tRereaf'ter the Board shall elect its officers as stated hereih above. At the orfJaHizatien meeting' or as soon thereafter as it may be reasonably dono, the Commiooion ahall adopt reasohable rule~ vf progGQuroc and requlationa ~overninq it3 meetings. 3.9 Commisaion BCWMO Office. The office of the Commiooion BCWMO shall be at: Washinqton Soil and Water Conservation District 1825 CUrve Crest Boulevard stillwater, MN 55082 All notices to the Commisoion BCWMO shall be delivered or served to said this office. The designated office of the Commission BCWMO may be changed from time to time upon an affirmative vote &-em of a majority of its me1'll:bera the Board present at which a quorum is 9resent at a regularly held meeting or special meeting called for that purpose. 3.10 Alternate Members. One alternate member to the Conm.ission Board shall be appointed by each party to this agreement. Al ternate members may attend any meeting of the Commissioft Board and in the absence of the appointed commissioner have the right to vote on behalf of the City or ~ownship entitv which the alternate represents. If a Commission Board member is also an officer of the Commission Board, the alternate shall not be entitled to serve in the place of such officer when he or she is absent. 3.11 Voting. In accordance with Minnesota statutes section 103B.211 (ll (cl , gny action taken by the Board shall be by majority vote of the Board oresent at which a quorum is oresent. Exceot an action taken bY the Board to order a caoital imorovement oroiect shall be by at least a two-third's vote of the Board oresent at which a quorum is oresent. uftles3 otherwise state hereih OJ:: r9qnir~a by law Am9t:1dlllGJ:l'ts to the annual opGra.tiJ:19 budgets rGquir~ a threQ-fourths (1/4) ma.jority of the Commiaaion. ActioRS takeR by the CommisciGR to erder prejeet3 or to assess lRembers for illlprO"~lIleJ:ltli shall req'1ir~ ~ tbr~9-fo'lrtbs (1/4) lR~jority :ot~ of 'tAG Commicsion; all other matters will carry by a sl.~lG ma)orl.t:y_ ARTICLE .:p.; 4 Cemmiaoioft Board Powers and Duties 4.1 aooointed Commi3sion cemmission Board. The BCWMO. actinq by its dul Y Board of Commissioners shall have the powers e 6 and duties -a& set forth ~in this article aqreement and as prescribed bv law. e 4.2 Rules and Regulations. The Commicsion Board may prescribe and promulgate such rules from time to time as it deems necessary to carry out its duties and the purpose of this agreement. 4.3 Surface Watershed Management Plan. Pursuant to Minnesota statutes section 103B.211 (1) (a) (1) the Board shall have the authority to prepare. adopt and implement a Watershed Manaqement Plan for the Watershed meeting the requirements of section 103B.231. As required by law, the Commis~ion Board shall ~rc~ar~ revise and update the BCWMO' s (l f;:urfaee Watershed Management Plan..:.. ~e ec completed by the date specified by laW? The plan to be adopted by the Commiocion ahall: a) DeE:cribe the existinq phyoical en...ironment, land use gevelopmeRt witaiR the Watershed area, and dC7clepmcnt proposed in existing looal and metropolitan oemprehenoi~e plans, s) Present informa.tion Oil hydroleEjical aystems and ~heir components and exiQting and potential problema related ~hereto, c) state objQctiues and policiaE: inoludinCj manaCjelllcllt prifloipalo, al ternati vos and lllQdifioatiolls, water quality, and protection of natural characteristiool d) Set forth a maRagament plan, illOladillEJ the hydrologies and watQr quality CORgitioRs that will ec aeuejh~ and sigI.ificaht opportuniti9i1i for illlprOuQlIleRt: . ~) n~~~~ih~ ~onflicts, if any, between the Waterohcd rlan ~"n ~vieting plans of local CjeverftmClltl f) Set fer~B all implemcntat.ion program cOhsio::oLeuL wlLl! Lht:: m~~~~~~~"t plan ~mi~h includeili capital improvemeR't programs and R1-~nn~~t'h:: ~nn Rl"!h~nll1 ~R .pn~ m~~1- i"g "'h~ ~n'ltlpreh9nsi U9 planili and official controls of local goverRmeRt units in the Watershed te bring about cORformaRoe uith the Waterahed rlani and 9) Set out a procedur9 for alllendinlJ tb~ pl ~T' ""11~ Wat9rsbed Management PlaR liRall bo susj eG~ 'to laeal Ejo"\,~crft!llent. reuiew as; requireg by tho Aet. Upon completion of taG plan, but beforc final adoption by 1-h~ n~g~"i7~1-inn. 1-h~ organi%ation i1ihall submit the plan for re~icw and ~omm~nt to all counties, 50il and water GeRser\"atioR diotriotB, to~ms aRd statutory and heme rule oitico hav'illlj territory vith the Water5hed Any local gO?Crnlllent ullit which expects that a subs~an~ial amendmeRt of itQ local comprehenoive plan t,,"ill be neces3ary in ord9r to bring the local water manaqement plan into oonformalloe with 'the Waterohed Plan chall deooribe, ao cpeeifioally aD pOiliiliiblQ, within itili comments, the amandmeRtc te taG looal pla.n wbi~b. it ~xpects will be necesiliary _ ib::ty days aftar oubmiaaioFi to the local gouermRental uRits for co_aRt, the orqaRizatiQR shall liubmit the plan, any comments received, ang any appropriate ameol1dlll~nts to the plan to the Board of thc Count.} or Counti~o::o ha~J'in'J t~rritory witbin the Waterilihed If any local gouernmental 7 e e nnit'" "'''';lc:. 'to "'omplete its rov~ew :md colftlllents within the prQ&cribQd PQriod, unloce an extenaion i3 a~reed to by the organization, tho pro~ram ohall be deemed approved. The County ~aall approvQ or disapprovo projoctc in the oapital improvement pro~ram which may require the proviaion of County funds pursuant to Scotian 112.60, Cubdi"'v"ision 2,01:: SectiOll 413.883 vi Lht:= M.iIUlt:=~vLcl statutQ _ Tag county ohall have CO days to cOIltplete it;::, Ll:::v.il:::W vi ~ho Capital Impro~ement rrogram. If the County fai13 to complete it& rQ:'lriQW vdtain taQ pre~cribeQ period, unloE:E: an oxtenE:ion io agreed to by tho organization, the program ahall be deemed approuQd RQviQW by taQ MQtropolitan Council and othor ctate 3gonoieo aa provided in Minnesota statutoE: 47J.878 at oeg. ahall DC followed by the Comm~fFC!i"''''' The revised and updated Watershed Manaaement Plan shall include. but not be limited to: gl applicable sections of the existina Watershed Manaaement Plan: ~ a description environment since the adopted: Ql chanaes in proposed development in existina local. county and metropolitan comprehensive plans: !:ll updated information on hvdroloaical svstems and their components and existina and potential problems related thereto: li proposed chanaes in ob;ectives and 'Policies of the Watershed Manaaement Plan: . !l proposed chanaes in the Watershed Manaaement Plan: gl updated information regardina conflicts. if any. between the Watershed Manaaement Plan and existina plans of local government: hi an updated implementation program includina proposed capital improvement pro;ects and their funding. All amendments to the Watershed Manaaement Plan shall adhere to the review process provided in Minnesota statutes section 103B.231 (7. (8) . (9). except when the proposed amendments constitute minor amendments as defined in Minnesota Rules 8410.0020. subpart 10. Such minor amendments shall adhere to the procedure provided in Minnesota Rules 8410.0140. subparts 2. 3. All amendments shall be adopted in accordance with Minnesota" Statutes section 103B.231 (10) and Minnesota Rules 8410.0140. subparts 4 and 5. If the law and rules are amended. approvals shall be as reauired by law and the provisions in this section shall be amended accordinalY. of chanaes in the existina initial Watershed Manaaement physical Plan was 4.4 Local Plan. After the adoption of the Watershed Management Plan, each local governmental unit within the Watershed shall prepare a Local Water Management Plan which must include a description of the existing and proposed land uses; definition of drainage areas, including volumes, rates and paths of storm water run-off; identification of areas and evaluations for storm water storage; description of water quality efforts which may be needed e 8 to implement the plan; and an implementation program including official land use or development controls and a Capital Improvement A. Program, if needed. In addition. each Local Water Manaqement Plan ~ must meet the requirements for local plans as described in Minnesota statutes section 103B.235 and Minnesota Rules 8410.0160 and 8410.0170. The Board shall also prepare minimum standards for local plans. These standards shall be included in the revised Watershed Manaqement Plan and shall be consistent with the requirements of Minnesota Rules 8410.0110. After consideration but before adoption by the governing body of each local qovernmental unit, the ~ocal Watershed Management Plan shall be submitted to the Cemmis3ien Board for review for consistency with the Watershed Management Plan adopted pursuant to Minnesota statutes section 103B.231 47J.878. The Commi33ion Board shall approve or disapprove ~ the local plan or parts of the plan thereaf. The Commi~~ion Board shall have 60 days to complete its r~view. In the event the Commission Board fails to complete its review within the prescribed period unless an extension is agreed to by the local unit, the local plan shall be deemed approved. ~ Proiects. The Board may initiate. undertake and implement proiects of the BCWMO. "proiect" means planninq and development. construction. maintenance. repair. or improvement of the Watershed for a purpose for which the BCWMO is established. 4.56 Information and Data. The Commission may acquire and regord &uch information and data within the Browns Creek Watershed area as it deem& nece&&ary to agggmpliea ito parpe3CS a3 Bct forth herein _ iugh iRformatieft er data as eollec~ed shall be fully ~v~;'~h'~ for all member& of the CommiEEioR aHa the paslic. The Board may: (a) acquire and, record intormation. data. make necessarY surveys or use other reliable surveys and data and develo9 proiects and programs to acauire data to accomplish the pUrPoses for which the BCWMO is orqanized: and (b) establish and maintain devices for acquiring and recordinq hYdroloqical and water auality data. .!J Water Resource Manaqement Acti vi ties. The Board may conduct studies and moni torina of water resources wi thin the Watershed and implement water resource manaaement proqrams. 4 .-68 ClaiIl's Entrv on Lands. As provided W"tttTin Minnesota statutes sections 103B.211 (1) and 1030.335 (14) 476.877 ana llJ.4J ~ the Commi&~ion Board or its aaents may enter upon land within or without the Watershed to make surveys and/or investigations to accomplish the purposes of the Commi..ion BCWMO. The Commi3sien BCWMO shall be liable for actual damages resulting thelefrom from entrY. but eu~ry r~'t'"c:nn Anyone who claims damages shall serve the Chairmaftperson or Secretary of the Board of Commissioners with a Notice of Claim as required by Minnesota Statutes section 466.05. 4.~9 Contracts. The Commission Board may make such contracts 9 e .' e and enter into agreements as necessary to fulfill its obligations under this agreement. Such contract~ or agreements shall be in accordartce with the Uniform Municipal Contracting Law as set forth \!i~Rin Minnesota Statutes section 471.345. 471.01 at DOq. 4.10 Cooperate with other Entities. The Board may cooperate or contract with any state or subdivision of a state or federal agency. private corporation. political subdivision. or cooperative association. 4. &.11 Employment and Professional Services. The cOlU1uission Board'may obtain such professional services and/or contract for services and may also utilize existing staff of the parties to the extent that the member parties consent thereto. ~ The Board may also employ other persons as it deems necessary. If ataff aCr'Ii'ioca af a pa.rty are utiliacd, Duoh servioes shall not reduoe tho finan~ial commitment of the partieE to the operatin~ fund of the Commission unless t.he CORmlission so aut.horizes t.he Eame by a majorit.y vote of t.he Commission memberE in such caEeE as where t.he utilization of staff servioes are to se substaRtial_ ~ Borrowina Funds. The Board may borrow funds from an aaency of the federal aovernment. a state aaency. a county where the BCWMO is located in whole or part. or a financial institution authorized under' chapter 47 to do business in this state. A county board may lend the amount requested bY the Board. The BCWMO may not have more than a total of $200.000 in loans from counties and financial institutions under this subdivision outstandina at any time. 4.~ld Construction or Interpretation of the Watershed Management Plan. The C9mmis~ion, Board by a majority vote, shall ~ determine such matters involving the construction and interpretation of the Watershed Management Plan. All such formal determinations as to any aspect of the Watershed Management Plan in interpretation or construction shall be reduced to writing by the Secretary of the Commissien Board and be annexed to the Watershed Management Plan following its passage. 4 .1'94 Committees. The cs_ission Board may appoint such commi ttees and sub-commi ttees as it deems necessary to gather information and make recommendations back to the Commission Board. s.l The Board shall create a Technical Advisory Committee that will report at least annuallY to the Board. The membership should include. but not be limited to: one of the officers of the Board: the Board's technical advisor: a representative from either the Minnesota Department of Natural Resources or the Board of Water and Soil Resources: and a representative of the Washinaton County Plannina Department. Rl The Technical Advisory Committee shall advise and assist the Board on all matters affectina the interests of the Watershed and make recommendations to the Board at its reauest on e 10 contemplated proiects and improvements in the Watershed. Committee determinations and recommendations must be endorsed by at least a ~ maiority of the members. .. ~ Regulate Use and Development of Land. Pursuant to Minnesota statutes section 103B.211 (1) (a) (3) the Board shall have the authority of a watershed district under chapter 1030 to regulate the use and development of land in the Watershed when one or more of the following conditions exist: ill the local aovernment unit exercisinq planninq and zoning authority over the land under sect~ons 366.10 to 366.19. 394.21 to 394.37. or 462.351 to 462.364. does not have a local water manaqement plan approved and adopted in accordance with the requirements of section 103B.235 or has not adopted the implementation program described in the plan: 1iil an apPlication to the local qovernment unit for a permit for the use and development of land requires an amendment to or variance from the adopted local water manaqement plan or implementation proaram of the local unit: or (iii) the local qovernment unit has authorized the orqanization to require permits for the use and development of land. ~ Construction and Transfer of Drainage Systems. Under Minnesota Statutes section 103B.211 (1)(a)(4) the Board mav accept the transfer of drainaqe svstems in the. Watershed. to repair. improve. and maintain the transferred drainaqe systems. and to construct all new drainage svstems and improvements of existing drainaae svstems in the Watershed. provided that: 1) proiects may be carried out under the powers qranted in sections 103B.205 to 103B.255 or chapter 1030 or 103E: and 2) proceedinqs of the Board wi th respect to the systems must be in conformance wi th the Watershed Manaqement Plan adopted under section 103B.231. .LJ.1 Pursuant to Minnesota Statutes section 103B.211 (1) (a) (7) the Board shall have the authority of a watershed district under section 1030.901 to file approved assessment statements with each affected county. 4.18 Emerqency Authority. If the BCWMO has an approved and adopted Watershed Manaqement Plan. the Board may undertake and perform emerqency pro;ects in accordance with Minnesota Statutes section 103B.252. (a) Declaration of emeraencv. If the Board finds that conditions exist that present a clear and imminent danaer to the health and welfare of the people of the Watershed and that to delay action would pre;udice the interests of the people of the Watershed. or would likely cause irreparable harm. the Board may declare the existence of an emerqency and desiqnate the location. watershed or subwatershed unit. nature. and extent of the emerqency. (b) Pro; ect order. Once an emerqency has been declared. to the extent necessary to protect the interests of the Watershed. the Board may order that the work be done under the 11 e e direction of the Board and its Enqineer. without a contract. Examoles of an emerqency situation would include. but not be limited to: creek blockaqes that cause imminent orooerty damaqe and septic system floodinq; bank or slope failures on creek causinq erosion and imminent road damaqe or failure: imminent. threateninq occurrence that creates multi-;urisdictional oroblems. ARTICLE V- .2 Annual BudgetjAdminiotrativo Funding 5.1 Method of Operation. The Commiooion Board may collect and receive money and services subject to the provisions of this agreement from the parties and from any other sources approved by the CommiLLion Board and it may incur expenditures and disbursements necessary and incidental to the effectuation of the purposes of this agreement. Funds may be expended by the Commis~ioR Board in accordance with procedures established herein in this agreement. Orders, checks and drafts shall be signed by the Chairperson or Vice-Chairperson and the Treasurer. Other legal instruments shall be executed on behalf of the Cemmiaaion BCWMO or Board by the Chairperson and the Secretary. 5.2 OpQra~iRg FURd~ Budqet. Pursuant to Minnesota Statutes section 103B.211 (ll (al (5l the Board shall have the authority of a watershed district under section 1030.911 to adoot a budqet. On or before AYgu~~ 1 Seotembe~ 15 of each year, the Cemmi~~ien Board shall prepare and adopt an operating budget for the following year for the p'lrpose of rrovid of D'J fnnnl: tn nr~,..."t-~ t-h~ t"'nmm of l:l: ; nnl:' SYSiRe~& and decide on the total amount necessary to be raised from ad valorem tax levies to meet the BCWMO's budqet. Before adopting the budqet the Board shall hold a oublic hearinq on the prooosed budqet. The Board shall oublish a notice of hearina with a summary of the orooosed budqet in one or more news'{)apers of aeneral circulation in the county in which the Watershed is located. The notice and summary should be oublished once each week for two successive weeks before the hearinq. The last oublication shall be at least two days before the hearinq. ':PRe l:nuigeta ahall net, hgw~!Gr, be iR aR amount grQa~er ~haR thG e~ivaleRt of gRe-fourth of ORe mill levy OR all real proper~y ~i~hiR the Niadle at. croix Valley Wa~Qr&hed Di&~rict_ Any budget which exceed~ &uch limi ~a~ioR lUU&t be appro'UQd by all member cO'lt:Icil s 5.3 Pursuant to Minnesota Statutes section 103B.211 (ll (al (6l the Board shall have the authority of a watershed district under section 1030.915 to certifY its budqet to the county auditor. After the Board adoots the budqet and no later than Seotember 15. the Secretary of the Board shall certify to the auditor of the county within the Watershed the county's share of the tax. which shall be an amount bearinq the same orooortion to the total levy as the net tax caoacity of the area of the county within the Watershed bears to the net tax ca'{)acity of the entire Watershed. e 12 5.3 The annual adminiatrative ex~enGea 3aall be budqe~ed and Borne by each voting llUimQ&r hI th& follo~'ing mann&r: a) 40 peroent ohall be borne by each par~y based upon the ~ total acreage of eash party ao a percenta~e of the acreaqe of ~he entire Wa~~r3hed, b) :;;30 percent ahall be borne by each pal::t.'r LCl::>t::U upuu Lilt:: a&&&S&HiilQ ".raluatioR ef itG area of the Water~l.leu Cl::J Cl pt::LCtmtage ot ~ne aBBesses valuatioft af the cntire Watersneal Q) 40 perQent liahall be borne by each party Based lipOR population of its area of the WatersheQ as a percentage of the ~o~al popula~ion of ~he en~ire Waeershed area. T~c Bud~ct chall Be aaal3ted by ~he COlllDds3ion upon ~hree- fourths majority appro....al of all vo~inq representati~es at tilt:: Commission. After approval, the Secre~ary shall certify Lilt:: adopted bUQget to each governmeRtal unit on or Before SeptemBer 1 of each year together with a statement chowing the amaunta due from each period. Each govermAeRtal linit ohall pay aver to the SOlHliosion the amount O~.riRq in t'tiiO e'JUal installments, the firct aft or before .January 1, and tho second on or Bofore .July 1, in accordance with the tax year for which the amount duc is beinq pa4Q. .2..d. Administrative Fund. Under the authority granted in Minnesota statutes section 103B.211 (1)(a)(5.(6). the Board may make an annual tax levy on all real proDerty within the Watershed for the administrative fund. The administrative fund. consistinq of an ad valorem tax levy. shall be used for qeneral administrative eXDenses and for the construction or imDlementation and maintenance of Dro;ects of common benefit to the Watershed. ~ Survey and Data Acauisition Fund. Under the authority aranted in Minnesota Statutes section 103B.211 (1) (a) (5).(6). the Board may levy an ad valorem tax on all real ~roDerty within the Watershed for the survey and data acquisition fund. The survey and data acauisition fund consists of the Droceeds of a DroDerty tax that can be levied onlY once everY five Years. The levy may not exceed 0.02418 Dercent of taxable market value. The balance of the fund may not exceed $50.000. The fund shall be used only if other funds are not available to the BCWMO to Day for makinq necessarY surveys and acauirina data. 5.6 Orqanizational EXDense Fund. Under the authority qranted in Minnesota statutes section 103B.211 (1) (a) (5) . (6). the Board may establish an orqanization eXDense fund. (a) The orqanizational expense fund shall consist of an ad valorem tax levy on all real DrODerty within the Watershed. and shall not exceed 0.01596 Dercent of taxable market value. or $60.000. whichever is less. The money in the fund shall be used for orqanizational eXDenses and DreDaration of the Watershed Manaqement Plan for Dro;ects. (b) The Board may borrow from the affected county UD to 75 Dercent of the anticiDated funds to be collected from the orqanizational eXDense fund levy and the county affected may make the advancements. (c) 13 e e Unexpended funds collected for the orqanizational exoense fund may be transferred to the administrative fund and used for the purposes of the administrative fund. ~ Watershed Manaqement Plan Levy. Pursuant to Minnesota statutes section 103B.241 the Board may levy an ad valorem tax to pay the increased cost of oreoarinq its Watershed Management Plan under section 103B.231 and 103B.235 or for oroiects in the a~oroved and adooted Watershed Manaqement Plan necessarY to imolement the purposes of section 1038.201. The proceeds of any tax levied under section 103B.241 shall be de~osited in a seoarate fund exoended onlY for the purooses authorized by that section. The Board may accumulate the proceeds of these levies to finance proiects in the Plan. ~ 103B.251 Caoital Improvement Cost certification. Pursuant to Minnesota statutes section 103B.251. if the BCWMO has an adopted Watershed Manaqement Plan in accordance with Minnesota statutes section 103B.231. the Board may certifY for payment by the county as provided in section 103B.251 all or any part of the cost of a capi tal iml?rovement contained in the caoi tal improvement program of the Watershed Manaqement Plan. The certification of the Board may apportion the cost amonq some or all of the subwatershed uni ts in the Watershed and for this puroose may require the establishment of more than one tax district in the Watershed. The Board and county must follow the procedure outlined in section 103B.251 (1)-(8). 5.9 103B.251 Maintenance LeVY. Pursuant to Minnesota statutes section 103B.251 (9) the Board may create a maintenance fund for the normal and routine maintenance of improvements constructed in .whole or part with money provided bY the county pursuant to 103B.251 (6). With the approval of the county the Board may impose an ad valorem levy on all property located within the Watershed or subwatershed unit. The levy shall be certified. levied. collected and distributed as provided in section 1030.915. 5.+.l.Q. Annual Accounts. The Ccl'ftBliasien Board shall make a full and complete financial accounting and report to each Council annually. Subject to the Minnesota Government Data Practices Act. Minn. Stat. ~~ 13.01-.99. as amended. all of its books, reports and records shall be available at the BCWMO office for open examination by any member of the public at reasonable times to be established by the CcmmiosisR Board. at their office. ~ Annual Work Plans. On or before Seotember 15 of each Year. the Board shall prepare a work plan that describes 9roposed proiects. proqrams. includinq studies and monitorinq of water resources in the Watershed. as well as maintenance of existing l?roiects. for the followinq calendar Year. The work plan shall include. but not be limited to. descriptions of proposed proiects. a timetable for implementation. and prooosed methods of financinq. e 14 ARTICLE 1,q,2 Works of Improvement ~ Delete oriqinal text of Article VI. Reolace with underlined .. material below. L.l 103B.251 Caoi tal Imorovements. Pursuant to Minnesota Statutes section 103B.251. if the BCWMO has an adooted Watershed Manaqement Plan. the Board may certifY for oavment by the county all or any Dart pf the cost of a caoital imorovement contained i~ the caoital improvement oroqram of the Watershed Manaqement Plan. In order to implement and order caoital imorovements to be ~aid by the COUTlty as p;rovided under section 103B.251. the Boar_ must follow the statutory orocedures outlined in section 103B.251 (1)- l.ll.t. 6.2 Other Plan Caoi tal Imorovements. As orovided in the capital imorovement oroqram of the BCWMO's Watershed Management Plan. the Board shall have the authority to implement and order caoital imorovement oro;ects identified in the adooted Plan necessary to imolement the ourooses of section 103B.201. Pursuant to Minnesota Statutes section 103B.241 the Board may le~ a t~x to oay the costs of such orojects. An action taken by th_ Boa_Q to order the caoital imorovement oro;ect shall be in accordance with Article 3.11 of this aqreement. ~ 103B.245 Soecial Tax Dist~ict. Pursuant to Minnesota Statutes section 103B.245 each oarty to this aqreement olanninq for water m~naqement under sections 103B.231 and 103B.235 may es~abli~h a watershed manaqement tax district in the Watershed to ay t_e costs of Dlanninq. In addition. Dursuant to section 103B.245 such party may establish a watershed manaqement tax district w;thin the Watershed or a subwatershed unit in the Watershed. to Da_ caDital costs and routine maintenance costs of the water manaqement facilities described in the caDital imDrovement DrOqram ;;f the plans. The tax district shall be established bY ordinance adoDted after hearing by the qovernmental unit followinq the Drovis!ons of section 103B.245. ARTICLE 'Yfi 1 Miscellaneous Provisions 7.1 Insurance. The CommiDsioa Board may contract for or purchase such insurance as the Commission Board deems reasonable. 7.2 Tko CommiElElioR E1hall not ka-..o the power to Ie........ a cpecial aococsment on any pri-."atoly or publicly o....ae:.a lana. ':Pbe: Commis!Jion Elhall have the power to require any member to contribute to costs allooated or ascessed according to the other pro?ision!J of this aCjreel1lQRt. ~ Bondinq Authority. The Cemmi~sioR Board shall not have the power to issue certificates, bonds or warrants. 15 e e ~ Eminent Domain. The Commiooion Board shall ~have the power of eminent domain and ohall not o~:n any intero6:t in real property. (All intereQtQ in land shall be hald in the name of thc corporate mQmbQr ,,'hQrQin Qaid land.. are located). in matters Dertaininq to caDital imDrovement Drojects in those cases where the individual Darties will not exercise the Dower of eminent domain on behalf of the Board. 7.4 Annual Newsletter. In accordance with Minnesota statutes section 103B.227 (4) the Board shall Dublish and distribute at least one newsletter or other aoorooriate written communication each Year to residents in the Watershed. This communication must exolain the BCWMO's water management DrOqrams and list the officers of the Board and their teleohone numbers. ARTICLE VIII ~ Duration 8.1 Each memBer party agrees to be bound by the terms of this agreement until such time as it is dissolved. I. 8.2 This agreement may be terminated by dissolution pursuant to the procedures set forth below or by the unanimous consent of the parties of this agreement. 8.3 Dissolution. Any ~ova~nmental unit party may petition the Board to dissolve this agreement. Upon 30 dayc notioe iR writing of each gouermuQntal unit, thQ board .hall hold a hearing' aRa UpOR a favorable vote BY 3/4 of all the eligiblc votcs of the then oxiE:rting' board. of repreEentatiueQ, the board may by rosol\ltion, recommend. that the CommiQQion be diQQolved. Said r.QQolution shall be submitted. to each Cjo"./ernmental unit and. if ratified by )/4 of the g~rernmental unitQ within 80 days, said board. shall diQQolve the CommiQQion allowing it reasonable time to complete work and progreQs and to diQPoQQ of perfiional property owned by the C'01l\milrfiiion, if any. UDon receiot the Board must forward a CODY of the Deti tion for dissolution to the Board of Water and Soil Resources and Washinqton County. After ninety days from the date on which the Board of Water and Soil Resources and Washinqton County received a CODY of the Detition for dissolution. the Board shall hold a hearinq on the Deti tion. Followinq the hearing the Board shall bY its order dissolve this aqreement and the BCWMO if the Board determines: 1) that at least two-thirds of the qovernmental units which are Darties to this aqreement concur in the petition for dissolution: 2) upon dissolution the members of the BCWMO are willinq and able to assume ownershio of the BCWMO's assets and the resDonsibility for managinq and maintaininq any BCWMO proiects as necessary to accomolish the purposes of Minnesota Statutes sections 103B.205 to 103B.255 and to imolement the Watershed Manaqement Plan of the BCWMO. Upon dissolution of the ~ommisEion BCWMO, all property of , the CommissieR BCWMO shall be sold and the proceeds thereof tog-ether ui tl=1 and moneys on hand 16 e e MAGNUSON LAW OFFICE 6124395641 p.e3 , , CITY OF STILL WATER W ASHJNGTON COUNTY CITY COUNCIL KENNEL LICENSE REVOCA TTON -------------------------------------------------------------------------.--~---------.--.-----_._-..~-.~.~-~ In Re: The Revocation of a KeIlllel License NOTICE OF PUBLIC HEARING --------~--------_.~---------------------------_._---._-----------.---_._--_.._-----------_.._--~------------.--~-"~--_.---------- Notice is hereby given that on Tuesday, June 4, 1996, at 7:00 p.m. or as soon thereafter as the matter can be heard, the City Council will consider revocation of a kennel license now held by Nancy Lucia Canning, 717 Second Street South, Stillwater, Minnesota. The grounds for revocation, among other things, is that: The kennel has been maintained in such a way as to constitute a public nuisance under Stillwater Ordinance 38.01, Subd. 12(1) and Subd. 13. The Ordinance provides that a nuisance includes "any substance. matter, emission or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety m sanitary condition of the City or which is offensive or has a blighting influence on the community" . You will be. e.ntitled to attend1 present evidence. be represented by counsel and to otherwise participate in the hearing jf you so desire. Respectfully submitted. ~ .~.. No. 31 14K-ASic1ant of Bemce. S. P. Miller-On. Co..llloneapoUa :1 l> C'l Z C 00 o z r l> 1: o "rI "rI ... o rn --- - ~ OOlm:::'~~::~~~.~~'............r ..JJfYjJ.&X....~/lc:c:.~................................_..., kind duly 8W07'7l" on. oath Bay'" that ~ th6...........2:J;...........__................ :...........d4y of. ................LJd.!'!l.,>:......... .................. ......, 19.?;i..., he Berveil tM afJt9-cheiL...~l?.~'!!::.~.....if...&!f:(c;~...-:!f::.~ -:.~............... ...... .......... ............................................ ........................... ... ..... ...... upon-.................. .,/..t.( q,a r;; y.....i.,..... ~'.:Ig. .........,...............'.31:....... ........ ;"..... <Z.... ....................... ...................... .......... .......... ........ .. .......... ...."'" therein named,. personaUy, a.t. .........................t.:!.:..2...........Q... ..~...~ t....7...$~~~.........,&'1AL....~.D~ i~..the...C~.;;,;;,t;.~i......Z:.~1I:;.~...~..~:::::::~.:........:..................~....~~~~~~~~~....:..8t~t~..~; .Mi~;;;;~:..b;..h;;;;d~i~i.t~..~~ii.~~~i.;;;ith ... M-:!<; )C...b.~ .....~- "1" ........ .............................. ...... ........... .. ............ . ..... ............ ... .. ...... ....... . . ............ ........... ............ .... .. . .... . . .......................... .. .. .... . .... '. .................. ........ 1.1 .......... ............... I. .... ................ ..... ............ ....... ....... II... ......... ............... ..... ... ...... 1.....1.... ..... ....:..:,... .... ........ ....... .... ....... ....... .... ..,.. ...... ............ .......... ........... .... ......... true and tlO1'Te"t cOo/....+.. the.'OOf. _ .... .:.-.~~: .............._.......................................... Sr.ibscribecl and St"' to Before Me this........... ..........day oYw;;/;~ .......".......:..;;..? llJ.f.'~. · · ..........................~ .. .... ':1:J..a...J~(!..~.....~.......... ......._.~.. ')t ota-ry Public, ..~~.:~: ltnty,.J{ innesota.. JI.( y commission expires .......... .................. ............. ..... 0'> ... I\) .f>. <It <D UI (1\ .f>. ... 1..'" C'llMl"llOll Ecpl,., JaI. S J. 2000 V~VV\JWVt./V,i\{0"'.i'.Jyv"i~"\IVVJI " . ~ I\) e e MAGNUSON LAW OFFICE 6124395641 P.04 .....~~:~ e ORDINANCE NO. 016 AN ORDINANCI:! AMENDING CHAPTER "}.7 'J'lTLEn pOGS AND OTIU!R ANIMALS THE CITY COUNCIL OF TilE CITY 01' STILLWA.rER DOES ORbAIN: .';.'. ....:i 1. .A'llet1(Jlu~ - the City Code 627.03 Kennels Isamelltletl by al1dlng a new Subtl. 1 ami 1 (a) Illat will hereafter read as folluws: . .S\lb\l. 1. "KelUlels. means any I)lace where four (4) or mute dogs over six (6) months or age Iro kept. C)wued, boarded, bre,l ot offered for sale. Il Is unlawful' to operate a kennel In any residentially zoned distrlct~ Kennels are permlned In any cOlnmerci"Uy zoned cJJstrlet but require'a Sl,eclal Use Permit,. .Subd. 1(3). .1110 11lauulug conuulsslon !U1t)' Impuse 83 a com.llllull of appruval of the Special Uses Permit. any reasonable comlhlon necessary 10 pl'OleCllho nelihborhood. In addition to tbe fullowlng comJilluu$ lhal must he InclU(JecJ III any llermll: I. "ho premises and Ils pen!, runways Bnd aU the IlremlsQ ul'oI1 which a dog Is kept or harbored anust be kel1t clean and sanitary: 2. Adequate light Bnd ventilation must be provided (0 the anhl1als; 3. Fecal materials must be disposed of in an approved sanitary manner; 4. The premIses must be kept verutln Cree; S. Nu public or priV,!l!~,!llu)~~s:'~e IUsy be created; 6. N\J urfenslv~ ullurs "I;IY urise: :mcJ 7. The premises must be upen ror Insl,edlon by Clly Aulhorllles ul'on rensonable notice. -- .' , . 2. Savio" - In all other ways the City Cude will remoin In full forco ami efrect. 3. Er(ectJv~ Date .. the Ordinance will be In full force and effect aner passage and publication but will nut "PIlly 10 valltl permhs edsling un the Effective Dal~. Adopted by the City Coullcll uf the Clly of Sllllwaler Ihls 5 tll dny of JeYfVE December . 1995. , Attest: e Pul'>l ish S t f llwa ler Gaze I:l:e December 13, 1995 CJ'G 1 U~..) R Dr~lT 5/ i 5/<3€:., T I ME 11+: id : 1121 MAGNUSON LAW OFFICE 6124395641 P.05 STILLWATER POLICE DEPARTMENT INITIAL COMPLAINT REPORT e 9t,202638 DATE REPORTED: 3/23/9& TIME REPORTED: 10:41:50 DISPATCHER~ LAMILLE LOCATION OF INCIDENT: C,lilD. 112 717 2ND 8'1" s 81' I LU..J~nER MN 55082 INCIDENT RECEIVED BY: DEPUTY OFFICERS ASSTGNEO: NAMES ASSOCIATED WITH THIS INCIDENT: 207 lvIILLEt-( ZBIGNIEW 2ND ST STILLWATER PHONE = (H) SEX;\'tl DOB; ASSOCIATION: l~30-3b0b 0/00/00 SUSPECT MN (l..J) Wl~CKOW8KI (~, :;) 550S2 NU8IANCE COMPLAINT ABANDONED MOTOR VEHICLE OFF1C~R COMMENTS: NUMEROUS JUNK IT~MS AND BRUSH XN YARD. WHlTE MG, NEW MEXICO, JAN 91 REGISTRATION 04139&. INSPECTED THE PROPERTY AT 717 S. 2ND ST.. THE PROP^ERTY OWN~R HAS FAIL~D TO CO~RECT ANV OF THE NUISANCE VIOLATIONS OR THE ABANDONED MOTOR V~HICLE V lOLA'nON. TH~ BACK YARD IS OF BARE EARTH COVERED WITH ANIMAL FECES. THE PROPERTY OWNER HAS ALSO INSTALLED ~JE:W CYCLON f:~NCl;: TYPt:: KENNELS IN THE YARD. THE NEIGHBORS ARE UPSET WITH THE SITUATION AS TH~ PROP~RTY OWN~R HAS BEEN RAISING AND 9~LLING DOGS. 1 TALK~D TO MICHAEL JOHNSON, WHO LIVES ON THE SOUTH SID~ OF THE WIEKOWSKI~ RESIDENCE AND H~ IS VERY UPSET WITH THE KENN~L SITUATION. JOHNSON STATES THE OPPRESSIVE ODOR B~COME9 SO OPPRESSIVE HE CANNOT OPEN HIS WINDOWS OR USE HIS BACKYARD. URINE AND OTHER ANIMAL WA9T~ RUN INTO HIS YARD. t>1Y INSPECTION SHOWS LAYERS AND CLUMPS 01= i=ECES IN THE BACK YARD~ EVEN ON THIS COOL DAY I COULD SMELL THE ODOR. JOHNSON IS ALSO CONCERNED THAT HIS PROP~RTY UALU~ HAS DECLINED AND I~ HE EVER DECIDED TO SELL HIS HOME HE WOULD NOT B~ ABL~ iO DO SO. JOHNSON STATES AS MANY AS NINE TO TWELVE DOGS HAV~ BEEN KENNEL~D ON THE PROPERTY AT ON~ TIME AND TH~ REAR PORTION OF THE HOME CONTAINS CAGES FOR ANIMALS. I ADVISED JOHNSON I WOULD SEND A FIV~ DAY WA~NING LEri~R TO WIEKOWSKIE AND PRSS ONTO THE RNIMAL CONTROL OFF1CER THE COMPLAINT ON THe KENNEL OPERATION. JOHNSON HAS REVI~WED THE KENNEL ORDNANCE AND WANTS THE CITY TO TERMINATE THE e MAGNUSON LAW OFFICE 6124395641 P.06 CJGIUPIi DATE 5/15/9t, WE :lA: 41 : 1121 STILLWATER POLICE D~PARTMENT INITIAL COMPLAINT REPORT 9b2v)2638 DATE REPORTED: 3/23/96 TIME REPORT~D~ 10;41;50 DISPATCHER: LAMILLE ENTIRE KENNEL OPERATION. e"fc:19E,. ON 03239& A 10 DAY COURTESY LETTER WAS SENT TO WIECKOWSKI INVOLVING NUISANCE COMPLAINTS AND ABANDONED MOTOR VEHICLE COt1'jPU~ I NT. THE VIOLATIONS WERE NOT CORRECTED nND A FIVE DRY WARNING LETTEli WAS SENY ON 0L.139r;. (EXTREI1 TINE WAS G:rVEN THE SUSPECT DUE TO INCLIMANT WEATHER.) ON 04239; I AGAIN INSPECT~D THE PROPERTY. THE NUISANCE COMPLAINT, MESSY YARD, WAS CLEANED UP. HOWEVER, THE STRONG ODOR OF DOG URIN~ AND FECES WAS VERY EVIDENT. (THIS HAS NOW PRESENTED A DIFFERENT TYPE OF VIOLATION AND HAS BEEN TURNED OVER TO THE ANIMAL CONTROL O~FICER FOR FURTHER ACTION. ) THE ABANDONED MOTOR VEHICLE VIOLATION HAS NOT BEEN CORRECTED. THE WHITE MG, DISPLAYING NEW MEXICO LICENSE PLATE, 0413gG, JANUARY 94 R~GISTRATION. SUSPECT HAS BEEN LIVING IN STILLWATER FOR. ALMOST ONE YEAR.- ISSUED TICKET SW 173981 TO ZBIGNIEW NMN WIECKCWSKI DOB S. 2ND ST., STILLWATER,MN. 550&2 FOR ABANDONED MOTOR UE~ICLE, ORD . 675. TICKET MAILED TO SUSPECT ON 04279&. PHOTOS TAK~N. CLASSIFIED AS: NUISRNCE VIOLATIONS 9B15 e MAGNUSON LAW OFFICE 6124395641 P.07 . ,: ;'.: I i I !..' ~,~ : '; '1. ... L I..IAJ(~ r F'r~ PUL.l C(. fi;':!-,'(:ll'< Il~;, ;,,;. i.:'(::"; 1:' .~ ..1':' .1, ,.... /r ;(.' i 1 j ''1 :,' ,'.j ~' ~: ~ '. :~. .. /j.;? ,t I\!'[ l ,U:ll.. C.~Ur-1PLj~) 1: j-l'1 F',;': pur), i e .;) .~;. ;;:: () ().~ ~, (,. :.~~ 1')(;, j':: r":, r'[,JI'.:-i 1.1.':0 ,: 1 /:~~i::'/",::l:::, '; U'jl;', W~i:Jnln Ll) ~ r:,;: O';! ,: 1~:. D I :A',~';: ,':fl': f:;, U1t(t r 't C :,~,?'f:: 'or~ lH' ]1'~(:I..I)F.i'.!r: l:l::- ~~r.li) sr :M; :~; j' X 1..1, ("J;~yr C f-i ,i'tt j'~! .~: ") (\ >~~~? I,;;: ....:. ! 1,1 .: I'.:: .;,1 j: i'~ I F-!TCI'.' 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Clvj ~::I L (: (,') t"1 ~, i.. ;.; ,1 N r :';: '" !:)() c:; 9')(,1 G5/0~V96 '15:4~ MAGNUSON LAW OFFICE INUESTIG~TIONS ~ 61~4395641 6124395641 P.09 NO. 2'73 lill2l1 1 .'...... e May 9, 1996 Matthew Staehling Magnuson Law Office 333 N. Main Street Stl11watar, Mn. ~5082 Dear Mr. Staehlinq, I am writing aftar our conVersot1on on the phone today. I h~ve taxed copies of the two letters that I forwaraed to the Stillwater Police Department regarding my complaint and concern about the commercial kennel being operated at 717 So. 2nd Street in Stillwater. I was unable to attend a meeting held with you and other members of the city Itaff held yesterday. I was advised of the meeting in the afternoon on the eeventh and could not adjust my work schedule for the one thirty meeting. You did explain to me that you were unaware of how many dogs have been raised and are ~till being kept on the property next door to me. I advised you that I hAd photographed the five adult dogl that are currently on the property on May 7th in the afternoon. I will forward copies of those photos 'and the one I tOOk earlier after they are dev.loped. My intention for taking the photographs was to provide lome sort of visual reference at whatever sort of hearing the city arranges to give my family and my neiqhbO~1 an Opportunity to have our concerns about this ongoing pro~l.m heard. I am willing to provide information at that type ot hearing and or prOVide testimony at a hearing if one required to atop the process that 18 atill going on next door to me. You did explain to me that you were unaware that the resident. at that address still have five adult dogs on their property. I provided a letter and complaint that there were over 13 of them there for almost a year and five still there. My concern continues to be that unless the city act. to 5top this commercial operation there will soon be untold add1tionel numbers of puppies on the property. W. have already lived through three generations being raised and sold trom this location, and we do not want to have another gen.ration of animals raised in these unsafe and unhealthy conditions next door to us. Sincerely: Michael John.on 723 SO. 2nd Street Stillwate~1 Mn. 55082 7671 : e I "rom C3. eS/l:39/96 15:46 MAGNUSON LAW OFFICE INVESTIGATIONS ~ 6124395641 6124395641 P. 10 NO. 273 [;)02 e It May 2, 1996 Chief Donald Beberg Stillwater Police Depar~m8nt 215 No. Fourth StrAet Stillwater, Mn. ~3082 Dear Chief a.berg: I am attaching a letter that was draf~.d to you in late April regarding a residence at 717 So. 2nd Street in St.illwater. I did not forward the letter until today. In the interim period I did travQl to thQ poliee department and filQ a co~plaint with your animal control officer regardinq the conditiona described in my latter. I was contacted by Officer Miller regarding some poa.ible actions he has r.qu.lted our neighbor. to take. Since our original call in Qarly April some of the anima18 that were raised on the property were moved or sold by the"owner$. Those animals were the same onaa ! reporeed eo your staff ~hat wer. raised and boarded on t.he t)ropert.y in quostion sinee last June or &arlier. My neighbors reepond$d to the code w4~~ing$ they received by covering their uneodded lot with chemicals of an unknown natura. They a180 constructed a three lane kennel inside of their small lot. I appreciate the actions that Officer Millar has taken. I have not heard from your animal control officer regarding my basic complaint about the kennel op.~4tion that still exists next door to me. Officer Miller advised me that a member of you staff had indioated that the exietinq ordinancQ allowed up to three adult dogs to be kept without A kennel permit Or hearing to allow a kennel, I asked him to advise whichever MQmber of your department was desi9nated to look into my complaint(8) that I had eontinued to observe at least four adult dogs in the newly eonstructe~ commere1al kennel area at different times. The dogs are difficult to tell apart as they a~e all of th. same breed and tho konnel operators do tak& some care to not let more than th:e. out at the 8ame time. I also requested that the animal control officer co~tact, or other person dealing with my complaint contact me. I have not been contactQd yet. I did ob.erve five adult dogs in the kennel are~ on Monday, Apr1l29, 1996. I took << photograph of the animals while they were outside. If need he I can provide copis3 of the photo when I have it developed. I am also willing to provide testimony regarding my complaint and observations at any hearing I~heduled to review the commercial kennel operation. I believe that Bome form of due process should Qe afforded to us since we are aftected daily by this operation. We have lived at our current addre88 for almost twenty years. It is very di~turbing to consider that the value ot our property is being degrAded along with our ability to use our property without some forum being JIIlI."'~II~.""..,I"II: ~""II"'\ ~,'I"I ~~ ..,~,.. ~ '.' .1I'lI1..1I"l...,.... ",~'" ..'. '..> ~. 1, 05/0'9/'36 MAGNUSON LAW OFFICE INUESTIGATIONS ~ 6124395641 6124395641 P. 11 NO. 273 1103 1.5:4? exists to allow the condi~iona I have reported to exist by the city. It there a permit, I would like to be advised what needs to b. done to have a ~evi.w of the permit and conditions take place. It ~here is nQ permit in place, I am requ.sting that the ordinance provided to me by city .taff be entorc.d~ and that the comm$rcial kennel operation bainq carried out next door to me be .t.opped. Sincerely: MichA.l Johnson 723 So. 2nd Str.et stillwAter, Mn. 55082 I ' 2- e e 0S/el9/9S 15:47 MAGNUSON LAW OFFICE INVESTIGATIONS ~ 6124395641 6124395641 P.12 NO. 273 G164 e e Chief Donald Seberg Stillwater Police DepartmQnt 216 No. Fourth Street Stillwater, Mn, SSOS2 April 19, 1996 Dear Chief Seberg. I Wish to make my COncerns regdrdLng ~ residence at 717 2nd St. So. in Stillwater kno~n to you. The residents at this address are next door neighbors. They have eondueted a business of breeding, raising, and selling dogs for more than two Y.4rs. Last year one of our neighbors met with .everal members of city staff and the city attorn~y to attempt to enlist the aid of the city in stopping what most of us who live nearby find offensive and unhealthy. ~hose efforts Were unsuccessful. The complainant, Mr. tacey, provided 'Copies of advertisements in dog dealer publications by the residents at 717 South 2nd street offering dogs for sale. One of the members of the 717 hou$ehold has advised us that the dogs have been sold in ~arioUB places around the country. Laet week one of the more than ten dogs that were being kept on this tiny lot escaped by jumping our fence and threatened several people. The city animal Control officer was called and did deal with the 1001. and threatening animal. It was returned to the owners yard. I am curious if 4 dangerous dog letter was issued. If one was not I believe that one should, as the particUlar dog has bitten me, threatened members of my family and ~i8itors to my home. The date that the dog escaped it threatened I.veral people. My wife and several neighbors reported this to the city animal COntrol officer who an.wered the call. My wife pointed out the other unhealthy and offeneLve conditions that existed at that time to the animal cont~ol officer. She was advised by the animal control officer that nothing could b~ done about those issue. at that time. My wife wanted to point out the fact that there were and are literally hundreds of pounds of fecel matter fermenting on the lurtace of a ~ery small lot in a residential neighborhood. This condition fa very Cl0S9 to Our property line and i. unavoidable. The stench trom this condition is unbearable and unhealthy. The condition ha. been allowed to exist by the city. My family has resided next to what I believe is a puppy mill for several yearl. The conditions present are a health threat to nearby residents. We are unable to be present on our own property without the accompanying stench from the nearby commercial kennel. I would like to have the property in question checked by a member of the city police department and or city statf. I also am requesting that if the citv '!ml=',1"!I.,..I1 1l 'oermi, t, ~.''''','I'" '"'~~! ~ ,~,,~..." ~.: . el5/e9/96 15:48 MAGNUSON LAW OFFICE INVESTIGATIONS ~ 612439S641 - -~ -...-.- 6124395641 P.13 NO. 273 ~05 .... <e seek a hearing on the conditions. My fam11y and I have lived t~rough several generations Of these snimals as they have been bred and raised ne~t door. Ofticwr Miller did contact me and advise me that he had forwarded a letter to oUr neighbors advising them that they would be required to clean up the dog feees. He Also advised me that there was 'ome confusion about the current ordInance. I did review a December 5, 1996 amendment to the city 5nimal ordinance. It indicates that four or more adult dogs oonstitute a kenn$l and that kennels are not allowed in relidential neighborhoodl. We only reCently attempted to secure aSsistance from City staff as we have been threatened by Inarling and 8napping dogs over our own fence, If a pe~it was issued tor th1. type of operation, a prooess for inspection should aleo have been instituted. If there is not permit 1n place tor the kennel then I hope that YOur staff can inspect the property on the basis of a public nuisance and health threat to tnole of us who live nearby, Our ne1ghbore who are ~nninq th1, business n.~t door have recently moved Or aold the dogs that were reared there since early last summer. I hAve CQUnted over five adult dogs outside at a given time during the last week. I oftered to bring Pictures of the horriole conditions outside this reeidence to be reviewed by yaux statt. Unfortunately, r could not bring them a sample of the odor that we are liVing ~ith, or the Constant barking, There have been over ten dog. on the property since last summer. They have been r~1sed in cage. stacked on top ot each other in. ide of the home in question, The condit1ons outside Are obvioUI, I have no idea ~hat the health conditions Gre inside and whether the health threat we'feel exists outlide also exilts inSide. I look forward to hearinq from your staff or other members of the City staff regarding this problem. Sincerely: Michael Johnson 723 2nd Street So. Stillwater, Mn. 5'082 e' - - - ,) ; MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald Date: May 31, 1996 Re: Pioneer Park Stefan/larson Associates and landscape Architect Rob Williams held the final public meeting on Wednesday, May 29, 1996 , presenting the Pioneer Park Master Plan for comments and suggestions. Attached is the article published in the Gazette, Thursday, May 30. .~- -j ... 4-.~.-.--- ~~. .":"';';"':"'-,. - """,--- .:1h,_., ...-- ....~~-.-,._.__. ,* "~:-'~-'--' .':=-""'C'-. . ~';';w'_ .~-~"":" ~-.- ....'..r-. . i~" '\ \' , I -\ ',' \ , \', ,-. ............., '" . . >' . ~ . X----',. - ,.0 ~_ . ~ . . \ ,..: i:E.;,;.", ~-'~".,._' -1".-:-"......,-:"'7;"""'..,;..,"""- -", '., '-'-:7""''''~:'.C----C' ...._'...,,~~... . '., , \ .' ',-' . ",;:*;i: , .' ,'. ... -.,' ..:.t~:'~ .... 'Jl.-- 'r :.",. 'I'.,n "":"',~~-":"-:.'~, -!'"'-T."W~"'::""~-~"''':'''-''''''''-- -.,-. '.nC.~~- I" ,'_~7~ '; ;:,_'~-'" ,-~,--" ..~~.....-- .....' - ~_...'-. .. ., - '-:..~'" ;.-. - .:-~-_. .).~~.,._" ~'~~'-""'" . "'-~ -:'" '.. ...... .~._-->>.-:-~."..,.-,. '., ..,. ",,,,~,,.. . ~.~. ~.. 4Et'.~...':.-:n , J1L ~. -.-..-.,- . - ~~ _! .....-.~ -"''-.;..:.-:..~.. ~,- ,,--~-,- -~,"--~~::-'"~''' ,,~--.._-~-~,-. .~ :~'I'''_' --.."......-....'.....-, . .,,"..:. ,.....-.........,. .. _..,-,..",. -~ ~ .--=-- :::'"'"'--: ......------...- .'.._.:...-.-:r---- ,~.-~,-'. ,"~~:' , '.~" '~~,~-~-'--- ....~._._..... ..,~-_.. .-..... -~-- , Council to get Pioneer Park Master Plan : in early July : By MIKE MARSNIK : News Editor Stefan/Larson Associates and : landscape architect Rob Williams : conducted a public meeting ~ Wednesday night at which they : presented the Master Plan (phase 1) : for Pioneer Park. It was well- ~ received, according'to Amy Stefan . : of Stefan/LarSOO Associates. ' : The plan is tentatively slated to go to the Stillwater City Council , for review on July 3. It includes schematic ideas for a gazebo, picnic shelter, rest room, benches, ligh't fixtures, and plant material palette. . ,. ", " . According to Stefan, the plan . , "focuses on the, views to the river and downtown and' strives to maintain the natural beauty of the :-'.-:--""--~ '. park. Conceptually, the plan proposes an elliptical walking path with destination points." , The destination points, she says, include the play area (age-specific 'for pre-school and elementary aged ".. . children),':a'pergola,(treUis),the '----.-. .', . 'picDiC"slielter:Uie"reSt'i60ms~ the "-, ..."--.-~-_._--- -.- multi~purP.ose gazebo (for, weddings, performances,. events;. . ".. .:. .,. etC.), ihe barbecue gnus, and' picnic --- --------- -.-- area, and the benches. Pioneer Park, on Nonh Second '.. Street, provides one of Slillwater's most scenic vistas, overlooking both the St. Croix River and the downtown. The. park's bandshell has "-'--' provided a venue for numerous musical perfonnances. (See Park, page 10) ,.-...... -,.".......,- ,-- . '-' -...""'..,..-....... ." --'~--:~-""---::--~'-::-':--'-~"'---'.---'----:----~-~"':"_r_'__~ .I..- ~ 4 '- STILLWATER EVENING GAZETTE THURSDAY, MAY 30, 1996 Park (Continued from page 1) The master plan project began last fall with the analysis phase, a topographical survey and an archeological dig. . . , Portions of the foundation of the Isaac Staples mansion are visible in the center of the park. . , Staples was one ,of Stillwater's lumber barons. He was part of a partnership that constructed the boom site near the Painted Rock about two miles north of Stillwater. He and Samuel F, , Hersey built and operated a saw mill here. Staples went on to build a sma1l empire of banks. real estate, logging camps, race horses. lumber and flour mills. fanns. and stores. He was known as a great civic booster. The mansion he built was. in its time, the showplace of the valley. IMA Consulting Inc. prepared the archeOlogical investigations report. which stated a high probability of intaCt artifacts may remain in the park based on the remote sensing aiid fieldwork conducted. The Minnesota State Historical Society will be involved throughout the project. as this is a unique feature. "._.>..,....""--:o:oo:.~""':"~.. ~ A conceptual map, of the Pioneer Park Master Plan Gazebo options A and B Local elementary and junior high schools !lave also participated in the park project. The classes were involved in the ~on of the on- site historical structures. preparation of a photographic survey. and the location of existing ~~. .'Jbey ~~ p'repared a plan for ihe park as they would like to see it and responded to a survey. This work is on display at City Hall. " At e e MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald Date: May 23,1996 Re: Bicycle Racks The Downtown Parking Commission is requesting the purchase of two 5 foot long bicycle racks for the downtown area. There are no public bike racks in the downtown district. The racks retail for about $350.00 each. Attached is a detail showing the type of rack recommended. .. .. - . .....,. .~ .....1"' ~~':;;."",:..(! ;]~~:1:;~ e ,..,..- .'1 I l 1 !i-~ ~ ...~~ ., .i~ t '. SHOWN IN: 10' Length. BIKE RACK NO. 9500 SERIES This heavy duty bike rack is designed for any two-wheeled bicycle and allows for bikes to be secured from both sides, This model can be bolted down to concrete for added security. Ends and end frames are constructed from 6' x 6" and 4" x 6" Pres- sure Treated Pine, milled and notched, All welded steel frame work features 1',7" x 2'..7', 14 gauge rectangular steel horizontally with 1" square, 14 gauge vertical steel members. Steel frame work is primed and coated with a gloss brown enamel. This bike rack is also available in construction redwood with flat black enamel frame, Also available with 6"x 6" recycled plastic posts, The 10' model will store 14 bikes comfortably from both sides. Our 5' model will store 8 bikes, e r , .. e MEMORANDUM ~ TO: Mayor and City Council FR: Downtown Parking Commission DA: May 30, 1996 RE: SUMMER 96 DOWNTOWN BUS SERVICE BETWEEN PUBLIC PARKING LOT AND DOWNTOWN At its meetings of May 10,12 and 29th, the Downtown Parking Commission (DTPC) considered the idea of a summer bus circulator between the downtown parking lots to make better use of the existing public parking spaces in the downtown. Parking is scarce at times in the downtown and particularly this year with the loss of the River Lot for the levee project. Bus Circulator Concept The idea discussed by the DTPC was to run a bus during peek parking times around the downtown connecting underutilized parking lots. The route would run from the North Main Lot to Second Street, Myrtle, Third (Riverview Lot and courthouse) to Nelson, Water, Mulberry and back to North Main (see attached route map). It is estimated that the route could be run every 20 minutes. The Commission, felt for a start, the peek parking times are Monday through Friday, 3:30 pm to 9:30 pm and Saturday, Sunday/Holidays, 11 am to 9:30 pm. This totals around 50 hours per week. The Commission felt the service should run from May 15 to October 15 or five months. To help the parking program work better, signage is needed to get visitors to the North Main Lot and Riverview Lot. This could include intercepting motorists on Trunk Highway 36 before they get to CR 15 and directing them via CR 15 and TH 96 to TH 95 and North Main Street parking areas. Better signage for people entering the city from the south to North Main Street lot also is needed. e In response to discussions with David Paradeau, Minnesota Zephyr Trolley, Jim Kolb, Valley Transit Land, Robert Raleigh, Stillwater Trolley, a proposal was received from Robert Raleigh to provide the requested service. The proposal is attached. The proposal includes two programs depending on contribution to capital expense (power unit and trailer costing $112,000). The tram could accommodate 40 riders with handicapped accessibility. A picture of the tram is included. To test the viability of the service and to finance the capital facilities, a minimum three year commitment to the service would be necessary. 1 '\ Method of Financing e Downtown businesses would benefit from such a service as well as the city. The cost of providing one parking space in a parking structure is $7,000 - 10,000. It makes economic sense to use the existing public spaces before constructing new spaces. Committee members felt that the bus service would work and be another asset to the downtown. Besides provide access to parking, shoppers could easily travel from north to south along Main Street. Potential funding sources include business contributions (to match a 50 percent city challenge grant), advertising or sponsorship, hotel tax (needs further exploration), parking district fees or ride fees. Because of the timeliness of this program, the approaching summer season and eminent levee project, the Downtown Parking Commission wanted to get the concept of the circulator route to the City Council for review, comment and direction. If the concept receives a favorable response, city staff and parking commission members should be directed to find a method to finance the parking circulator program. Recommendation 1. Review parking/circulator concept and provide DTPC and staff direction to develop a financing plan. 2. Direct staff to apply to MnDOT for directional signage from TH 36 to DR 15 to TH 96 to North Main Street parking lots. Attachments Budget, proposal, route map. e I "', I.' LLJUuji JLI - / I~ l I 'I 0 ....... - t- ~ ~> W .J (/) w I ~ -, ~ \ ~ ~ \ I -....J . @ o ~" ] 15 ::]11 ~' , , e PROPOSAL FOR A STILLWATER TRAM SYSTEM A Stillwater Tram System has been proposed to connect the downtown Stillwater parking lots and move people through the downtown area. This proposal is based on approximately a 50 hour a week schedule for 20 weeks from mid May through mid October. The tram would run 4 - 9:30 p.m. Monday through Friday and 11 am - 9:30 p.m. Saturday and Sunday. The tram consists of a power unit which is wheel-chair accessible and meets ADA regulations and a tram unit which together will seat about 42 passengers. This tram route is 2.1 miles long and could be circulated 3 times/hour. This proposal is based on a 3-year commitment between the City of Stillwater the Stillwater Trolley Co. The financial commitment from the city would consist of two options: 1) If the City contributes $57, 500 to the Stillwater Trolley Co., the annual cost to the City would be approximately $79,471 for three years. 2) If the City contributes nothing, the annual cost to the City would be approximately $100,782 for three years. This service contract includes the tram unit, insurance, drivers, fuel, maintenance and management. There would also be a one-time management fee of $10,000 to the Stillwater Trolley Co, to organize and implement the tram system. Thank you for your consideration. May 31, 1996 e ~~.::...........~ '~8~"~"'~ .- ,~, r~~:j',;}~?;?t ,. \, 1 ~ Z. ,:,'~ "~"'" ,~~~~~Jo~., ~ " -;:.,f; , . If .. , ~~~J :...:' ~" ,,\;~fIr.. ..'~ ~~~ ~ " ~ ^ -:::J~l;l: " ~ """" _ _ ",' -"2', . "f !( i .. ""4 . ~- . ''\ e e '. MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director /l,- DA: May 31, 1996 RE: SUBMITTAL OF HOUSING ASSISTANCE PLAN TO MET COUNCIL The City of Stillwater is participating in the Livable Communities Act and has submitted an application for a tax base revitalization grant of $262,000. In order to qualify for the grant, the City must submit a Housing Assistance Plan to the Met Council by June 30, 1996. The attached plan is a draft plan and will be further reviewed by the Planning Commission at their June meeting. At this time, I would like authorization from the City Council to submit the draft plan to the Met Council for compliance with the Livable Communities Act requirement. Recommendation: Approval of Draft Housing Assistance Plan for submittal to Met Council. Attachment: Draft Housing Assistance Plan. \ e City of Stillwater Housing Action Plan June 1996 Introduction The housing element to the Stillwater Comprehensive Plan 1995-2020 (1996) describes existing housing conditions and presents housing goals, objectives, policies and programs to maintain and improve housing opportunities in Stillwater. The housing element contains the Livable Communities Regional Lifecycle Housing Goals for Stillwater as listed below: Regional Lifecycle Housing Goals City Index Benchmark Goal Affordability Ownership Rental 74% 61% 74-85% 52-68% within range* within range* Lifecycle Type (nonsingle family detached) Owner/Renter mix 28% 72/28% 29-36% (68-77% ) (23-32%) within range* within range* within range* Density Single-family detached Multifamily 2.6/acre 2.2-2.5/acre within range* 15/acre 13-14/acre within range* *The City of Stillwater through its housing policy and actions will try to maintain its housing goals within the benchmark range. For information and background to this Housing Action Plan (HAP), the housing element to the comprehensive plan is incorporated by reference to the Housing Action Plan and attached. The HAP is presented to the Metropolitan Council in partial fulfillment of the City's housing responsibilities as a participant in the Livable Communities Act. This Housing Action Plan covers housing activities in Stillwater to 2010. The plan covers primarily actions of the City, Washington County Housing and Redevelopment Authority (WCHRA), Minnesota Housing Finance Agency (MHFA) and other housing providers. The City will review and update HAP polices and programs on an as needed or periodic basis. The entire plan will be comprehensively reviewed at least once every e 1 , Facilities use of low interest housing rehabilitation program for very low, low income and moderate income households. e Affordable Housing New Construction Through land use planning and zoning designate sites appropriately located next to parks, schools, transit, community services and shopping for higher density rental and ownership housing. Support effects of WCHRA and other private or public developers to construct affordable rental and ownership housing. In city expansion area encourage construction of affordable Iifecycle housing. Participation in first buyer home ownership program. Exiting Housing Affordability Support rental subsidy programs administered by the WCHRA Support very low, low and moderate income housing ownership programs sponsored by public housing authority or Minnesota Housing Finance Agency. Facilitate use of housing rental rehabilitation program to maintain the affordability of the existing housing stock. Housing Services, Information and Coordination Catalogue, disseminate and coordinate application of housing assistance programs in target areas of need information on available housing assistance programs and other resources. As a part of neighborhood planning, consider need for housing rehabilitation and opportunities for infill housing development. Coordinate provisions of housing assistance with WCHRA, MHFA, Metropolitan Council and other public or private housing providers. Programs The City will explore all avenues for assisting with the provision of affordable housing, including: 3 e e e Ownership Housing Assistance Programs Contact Agencies Minnesota Cities Participation Programs Rent to own housing (WCHRA) (WCHRA) Rental Housing Assistance Programs Scattered Site Public Housing Low Income Housing Tax Credit Section 8 Certificates Section 8 Vouchers (MHOP/WCHRA) (WCHRAlPD) (HUD/WCHRA) (HUD/WCHRA) Housing Rehabilitation Programs Great Minnesota Fix-up Fund FHA 203-K Housing Rehabilitation Deferred (MHFAlLB) (MHFAlLB) (MHF AlLB) (MHFAlLB) (MHFAlLB) (WCHRA) (WCHRA) Accessibility Revolving Washington County, WCHRA Deferred Washington County, WCHRA Revolving 4 Housing Authority and Providers e ~ Responsibility liming Funding Coordinate With Explore all options WCHRA, Dir of CD Ongoing CDBG, TIF Livable Land Use Plan, for financing afford- Communities, MHFA, WCHRAlMC able housing other local, state, & federal programs Continue to provide WCHRA, Ongoing Section 8 Program, WCHRAlMC assistance to needy other state & federal households programs Provide information Dir of CD Ongoing State & federal WCHRA and assistance to programs encourage energy efficiency improvements Provide dispersed PC,CC Ongoing None Land Use Plan locations for variety of housing types, styles, prices Review and update PC, CC, Dir CD Ongoing None Land Use Plan codes that affect housing Provide for the housing WCHRA, PC, CC Ongoing State & federal WCHRA, Land & service needs of the programs Use Plan elderly & disabled Provide housing & WCHRA, CC Ongoing State & federal WCHRA services to meet the needs of non- traditional households Protect integrity of PC, Dir of CD Ongoing None Land Use Planl and prevent deterioration WCHRA MHFAlWCHRA in existing neighborhoods Encourage high design PC, CC, Dir of CD Ongoing None Land Use Plan and maintenance standards for multi- family housing Assure that new PC, CC, Dir of CD Ongoing None Land Use Plan development is DNR compatible with and sensitive to the environment 5 e e e Continue to review and Bldg Off, Dir of CD Ongoing enforce housing maintenance code GF Participate in rehabili- Dir of CD tation & grant programs Ongoing CDBG, State WCHRA, MHFA, MC MHFA, WCHRA Develop programs to HRA, CC help first-time home buyers Ongoing GF Abbreviations WCHRA - Washington County Housing and Redevelopment Authority PC - Planning Commission CC - City Council Dir of CD - Director of Community Development TIF- Tax Increment Financing GF - General Fund MHFA - Minnesota Housing Finance Agency MC - Metropolitan Council 6 City of Stillwater Comprehensive e Plan December 12, 1995 Housing I';; The housing section d~IS with residential land use. The primary focus 'on special housing needs and problems that relate to housing conditions. Stillwater is fortunate to have a good mix of housing types attached and detached, tenure, owner/renter and rent levels. The challenge for Stillwater will be to maintain that housing and household diversity over the planning period. Key Goals 1. Provide a quality living environment for the citizens of Stillwater by maintaining and improving the city's existing housing stock and by planning for a range of new housing opportunities. 2. Provide a choice of housing types and densities suitable to meet the needs of the young, locally employed and elderly through zoning and land use planning. 3. Use the land use map to designate residential sites appropriately located for a range of housing densities. Objectives: Maintain the city housing stock. Provide housing opportunities for all economic groups. Provide a range of housing types and tenures. e Locate multifamily and attached housing close to , community services and public parks. Housing Characteristics Stillwater has an older housing stock. The median age of Stillwater housing is 1950 with only 12 percent of the housing units built since 1980. Fully 40 percent of the Stillwater housing stock was built before 1940 with 70 percent of the North Hill, South Hill, West Hill and Downtown area constructed before 1940. The census figures show Oak Glen as the newest construction area for the 1980's, Croixwood for the 1970's and Sunnyslope and Forest Hills in the 1960's. Stillwater is typical of Washington County and the ' . state with just over 50 percent of the population living in the same household in 1985 as 1990. Of those who moved into Stillwater from 1985 to 1990, 22 percent moved to Stillwater from other parts of Washington County, 12 percent moved in from other parts of Minnesota and 12 percent from another state. Overall, the census information points to the strength of the family in Stillwater in terms of number of people per household and housing type. According to the 1990 census, there were 5,105 households in Stillwater. The household were distributed in the following categories: UNITS IN STRUCTURE 1 unit, detached 1 unit, attached 2 to 4 units 5 to 9 units 10 or more units Other 3,620 191 680 193 370 -1Q Total 5,105 6-1 Of the total 5,105 total units, 23 percent or 1,278 of the units were in rental structures as shown below: RENTAL HOUSING UNIT TYPE 1 unit, detached 1 unit, attached 1 to 2 units 3 to 4 units 5+ units 459 144 111 267 197 Total 1,178 Housing Conditions Planning 1990 - 1992 period, a windshield survey was conducted on the condition of housing. This included every single family and multiple family dwelling in Stillwater. The purpose of the survey was to get an indication of the conditions of and need for improvements to Stillwater's existing housing stock. The following criteria was used as a basis for the survey which was also used in the . survey. Good Condition: No defects No major repairs Normal Condition: No defects or only slight defects which normally are corrected during the course of regular maintenance. Lack of paint Slight damage to porch or steps Slight wearing away of mortar between bricks or masonry Small cracks in walls, plaster or chimney. Slight wear on floors, door sills, door frames, window sills or window frames. Broken gutters or downspouts. Fair Condition: Holes, open cracks, rotted, loose or missing materials over a small area of the foundatio'n, walls or roof. Shaky or unsafe porch, steps or railings. Some rotted or loose window frames or sashes that are not longer rainproof or windproof. e Broken or loose stair treads or broken, loose or missing risers, balusters, or railings of outside stairs. Deep wear or door sills, door frames, outside steps or floors. Missing bricks or cracks in the chimney which are not serious enough to be a fire hazard. Makeshift chimney such as a stove pipe or other uninsulated pipe leading directly from the stove to the outside through a hole in the roof, wall or window. Poor Condition: Endangers the health, safety and well-being of occupants. One or more critical defects or combination of intermediate defects in sufficient'" number or extent to require considerable repair or rebuilding; or is of inadequate original construction. Critical defects result from continued neglect or lack of repair or indicate serious damage to the structure. Example of critical defects are: Holes, open cracks or rotted, loose or missing material (clapboard siding, shingles, bricks, concrete, tile, plaster or floor boards) over a large area of the foundation, outside walls roof or chimney. Substantial sagging of floors, walls or roof. Extensive damage by storm fire or flood. Condition of structure was based on visual appearance of the exterior of the structure. Therefore, a structure that appears to be sound from the outside may, upon further examination be deteriorating inside. Likewise, a structure that appears neglected from the outside may prove to be sound on the inside. Condition of structure may change dramatically if e 6-2 the trend to restore older houses continues. In the middle 1950's, many people chose to improve their houses. This trend seems to be occurring Alain in the early 1990's. Many houses that were "'nSted as fair at the beginning of the survey have since been improved. Of the 3,742 structures surveyed, 64 percent were in good condition, 28 percent were in normal condition, 7 percent in fair condition and 1 percent in poor condition. The study concludes that approximately 300 structure are in need of minor or major repairs. This compares to 200 structures in 1980, Good condition housing is important to community character. The city would like to improve the condition of its existing housing and enhance the residential quality and character of Stillwater's neighborhoods. Quality housing requires adequate city facilities and services. The city can support residential development only in those areas where city facilities and services are viable or will be provided by the development. The city will extend utilities and services only into the most viable expansion areas and will maintain development fees at a sufficient level to finance infrastructure cost. Older neighborhoods should be maintained and upgraded. To that end, the city will seek the cooperation of the Washington County HRA and lending institutions for financing structural improvements and neighborhood investment. The city will endeavor through the development approval process to insure that Stillwater' community character, housing quality and physical and visual environment are preserved and improved and that natural features are incorporated into the design of residential developments. Infill Development and Affordable Housing ttrhe existing Stillwater housing stock is Stillwater's most affordable source of housing. Preserving the stock' of existing housing units in its !f>> neighborhoods especially around the downtown and in infill areas avoids expensive costs associated with new construction and extension of public facilities and services and provides sites close to exiting services and facilities, Regulations that encourage rehabilitation and infill are demolition control ordinances, housing replacement ordinances and sensitive code enforcement. Non-regulatory measure to promote rehabilitation and infill include infrastructure maintenance, reuse of city owned lands for infill housing, housing rehabilitation assistance programs, participation in first-time home buyer programs for existing housing as well as new housing. Infill Housing Infill hosing development promotes housing affordability by using existing infrastructure and ,'. services rather then requiring expensive extension of 'roads, water and sewer lines and other facilities. The city expansion areas are primarily residential areas and do not have mixed uses within close proximity of housing like the older existing city neighborhoods. New URTPA residential development is at relatively low densities, two - four dwelling units per acre in part to preserve open space and environmental quality. The new areas will have an extensive open space recreation trail system but be dependent on the auto for work and shopping trips. Car pool or van pool parking locations are designated in the plan. During the comprehensive planning process a hard look was taken at trying to create new city development areas in the spirit of old communities with a mix of land uses, high and low densities, wide architectural diversity, mix of housing types and afford ability including assisted housing - less transit dependent more pedestrian oriented. From that review it was concluded that many of the planning and design principals of the past are 6-3 still viable but have to be applied to Stillwater's unique environmental setting and social-economic conditions. The over riding concern for newly developing URTPA areas is environmental quality and natural resource protection and rural character. This has been the trend since the early 1980's and has resulted in strict environmental protection ordinances and regulation. The environmental priority and regulations have effected the design possibilities and public acceptance of new urban density development. The URTPA is comprised of three areas. Each area contains unique natural resources that are safeguarded through this plan. An extensive trail and park system will be provided for the enjoyment of the neighborhood and the community at large. Each area will contain a range of single family housing, large lot, small lot and attached housing. Employment and shopping opportunities will not be provided within walking distance except for the R & 0 office park area, and public transportation will not service the new areas. Park and ride or car pooling lots will be provided for commuting to the Twin Cities and 'other distant employment locations. Infill opportunities within the City of Stillwater were studied and sites were located in the downtown and on the north edge of the West Stillwater Business Park areas. There is very little vacant land in the downtown but the City of Stillwater over the last five years has purchased or leased four parking lots that could provide sites for housing development in the air spaces over them. The lots are located along North Main Street and Second Street at Mulberry and Olive. As many as 300 multifamily housing units could be developed over these sites. As with all projects in the downtown, good design and fit is important for a project to be successful. Additional household in the downtown area would enliven the area as a residential area and support many of the downtown business. The Second Street sites would be particularly appropriate for additional senior housing. (Rivertown Commons, a senior , - project, located on Second Street has a 200 person waiting list). Besides the downtown, the West Stillwater Business Park is developing as a new community center. Goods and services are provided within walking district of residential areas. Parks, trails and sidewalks have been constructed for pedestrian transport. Local circulation and MTC commuter bus services are available. A senior center and assisted housing is located near the area. e In the downtown, city services are in and could accommodate the development without additional infrastructure costs, While preparing neighborhood plans opportunities for small scale infill sites can be considered. Neighborhood character and fit will be an important consideration in older residential areas around the downtown as it is in the downtown. Innovative Zoning Techniques: Zero lot line, cluster and mix use zoning Innovative residential site planning techniques such as zero lot lines developments or cluster development result in cost savings by allowing more compact lot sizes and arrangement of infrastructure at greater densities then possible using traditional zoning. The modification of development standards including minimum lot size, setbacks, street widths, off-street parking requirements maximum lot coverage, sidewalks and site improvements requirement reduce costs. Cluster zoning allows increased density on concentrated portions of proposed a development, reducing infrastructure costs and preserving open space. Cluster development is usualry a part of a planned unit development, PUD, and combined with zero lot line development. The illustration shows a cluster development concept plan and describes the benefits of the urban cluster development. e 6-4 the trend to restore older houses continues. In the middle 1950's, many people chose to improve their houses. This trend seems to be occurring Again in the early 1990's. Many houses that were ~sted as fair at the beginning of the survey have since been improved. Of the 3,742 structures surveyed, 64 percent were in good condition, 28 percent were in normal condition, 7 percent in fair condition and 1 percent in poor condition. The study concludes that approximately 300 structure are in need of minor or major repairs. This compares to 200 structures in 1980. Good condition housing is important to community character. The city would like to improve the condition of its existing housing and enhance the residential quality and character of Stillwater's neighborhoods. Quality housing requires adequate city facilities and services. The city can support residential development only in those areas where city facilities and services are viable or will be provided by the development. The city will extend utilities and services only into the most viable expansion areas and will maintain development fees at a sufficient level to finance infrastructure cost. Older neighborhoods should be maintained and upgraded. To that end, the city will seek the cooperation of the Washington County HRA and lending institutions for financing structural improvements and neighborhood investment. The city will endeavor through the development approval process to insure that Stillwater' community character, housing quality and physical and visual environment are preserved and improved and that natural features are incorporated into the design of residential developments. Infill Development and Affordable Housing _The existing Stillwater housing stock is Stillwater's I ... " most affordable source of housing. Preserving the stock of existing housing units in its neighborhoods especially around the downtown and in infill areas avoids expensive costs associated with new construction and extension of public facilities and services and provides sites close to exiting services and facilities, Regulations that encourage rehabilitation and infill are demolition control ordinances, housing replacement ordinances and sensitive code enforcement. Non-regulatory measure to promote rehabilitation and infill include infrastructure maintenance, reuse of city owned lands for infill housing, housing rehabilitation assistance programs, participation in first-time home buyer programs for existing housing as well as new housing. Infill Housing Infill hosing development promotes housing afford ability by using existing infrastructure and services rather then requiring expensive extension of roads, water and sewer lines and other facilities. The city expansion areas are primarily residential areas and do not have mixed uses within close proximity of housing like the older existing city neighborhoods. New URTPA residential development is at relatively low densities, two - four dwelling units per acre in part to preserve open space and environmental quality. The new areas will have an extensive open space recreation trail system but be dependent on the auto for work and shopping trips. Car pool or van pool parking locations are designated in the plan. During the comprehensive planning process a hard look was taken at trying to create new city development areas in the spirit of old communities with a mix of land uses, high and low densities, wide architectural diversity, mix of housing types and afford ability including assisted housing - less transit dependent more pedestrian oriented. From that review it was concluded that many of the planning and design principals of the past are 6-3 Besides the urban cluster development concept, the rural cluster concept has recently been discussed and proposed in part of the Washington ,,~County. The purpose of the rural cluster concept is primarily to prese/Ve rural character and reduce the visual impact and land coverage at densities that can be supported by on-site wells and septic systems. The rural cluster concept is applicable to semi- rural areas where open space is the primary purpose but not in areas with urban se/Vices. Housing Affordability 1990 Census housing and socioeconomic information provide a picture of Stillwater housing needs. Stillwate(s Shortage of Rental Units by Unit Size for Households at 1 - 30 Percent of Median Income Number of Household Size Households Unit Size 1-2 Person elderly, Indv, 217 i-bedroom 3-4 Person small family 170 2-bedroom 5+ person large family 9 3-bedroom Total 396 j'" 'Includes vacant units for rent Nonfamily household are included in the categories above. Source: 1990 Census, CHAS data Number of Units" 86 79 38 203 Unit Shortage (131) ( 91) 29 (193) Stillwate(s Shortage of Rental Units by Unit Size for Households at 31-50 percent of Median Income Number of Unit Number Unit Household Size Households Size of Units. Shortage 1-2 Person elderly, Indv, 145 1-bedroom 215 70 3-4 Person small family 73 2-bedroom 164 91 5+ person large family 25 3-bedroom 46 21 Total 243 425 182 'Includes vacant units for rent Nonfamily household are included In the categories above, Source: 1990 Census, CHAS data Stillwate(s Shortage of Owner Units by Unit Size for Households at 0-30 percent of Median Income Number of Unit Number Unit Household Size Households Size of Units. Shortage 1-2 Person elderly, Indv, 88 1-bedroom 0 (88) 3-4 Person small family 44 2-bedroom 0 (44) 5+ person large family 0 3-bedroom 24 24 Total 132 24 108 'Includes vacant units for rent ..;_ Nonfamily household are included in the categories above, - Source: 1990 Census, CHAS data Stlllwate(s Shortage of Owner Units by Unit Size for Households at 31-5d percent of Median Income Number of Unit Number Unit Household Size Households Size of Units. Shortage 1-2 Person elderly, Indv, 185 l-bedroom 24 (161) 3-4 Person small family 46 2-bedroom 56 10 5+ person large family 8 3-bedroom 104 96 Total 239 184 (55) e 'Includes vacant units for rent Nonfamily household are included in the categories above, Source: 1990 Census, CHAS data Cost Burden' for Very Low income Owner Households (Households at 0-30 percent of Median Income) Total Paying less Paying Paying Household Size Households than 30% 30 - 49% 50% or more 1-2 Person elderly,lndv. 217 18 18 161 3-4 Person small family 170 28 28 110 5+ person large family 9 2 2 7 Total 396 48 70 278 "Non family households are included in the categories above, Source: 1990 Census. CHAS data Cost Burden' for Very Low Income Owner Households (Households at 0-30 percent of Median Income) Household Size Total Paying less Paying Paying Households than 30% 30 - 49% 50% or more 1-2 Person elderly. indv. 88 3-4 Person small family 44 5+ person large family 0 Total 132 44 1 o 45 24 18 o 42 20 25 o 45 'Nonfamlly households are included in the categories above. Source: 1990 Census, CHAS data "Cost of burden is defined as paying more than 30 percent of a household's income on housing. Cost Burden" for Low Income Renter Households (Households at 31.50 percent of Median Income) Total Paying less Paying Paying Household Size Households than 30% 30 - 49% 50% or more 1-2 Person elderly, Indv. 145 26 75 44 3-4 Person small family 73 31 36 6 5+ person large family 25 4 21 0 Total 243 61 132 50 'Nonfamily households are Included in the categories above. Source: 1990 Census, CHAS data . 'Cost of burden is defined as paying more than 30 percent of a household's income on housing. Cost Burden" for Low Income Owner Households (Households at 31-50 percent of Median Income) Total Paying less Paying Paying Household Size Households than 30% 30 -49% 50% or more 1-2 Person elderly, Indv. 185 176 5 4 3-4 Person small family 46 30 12 4 5+ person large family 8 8 0 0 T olal 239 214 17 8 "Nonfamily households are included in the categories above, .. Source: 1990 Census, CHAS data ,. 'Cost of burden is defined as paying more than 30 percent of a household's income on housing. 6-5 e 1990 Stillwater's Affordable Housing* for Low Income Households** 500 200 o 400 100 Demand (Low InCome Renters HHs) Supply (Affordable Units) Low Income Renter HHs in Afforable Housing *Housing costing no more than 30 percent of a household's income: ($324 - $541/mo. for a family of 4). **Household at 31 - 50 percent of median income: Income of $12,990 - $21,650 for a family of 4 in 1990. Sourc e: 1990 Census, CHAS data e 1990 Stillwater's Affordable Housing* For Very Low Income Households** e 500 400 100 300 200 o Demand Nery low Income Renter HHs) Supply (Affordable Units) Very Low Income Renter HHs in Affordable Housing *Housing costing no more than 30 percent of a household's income: ($324/mo. or less for a family of 4), **Households at 0 - 30 percent of median income: Income of $12,990 or less for a family of 4 in 1990. Source: 1990 Census, CHAS data e; " e 1990 Stillwater's Affordable Housing* for Low and Very Low Income Households** 800 200 600 400 o Demand (Low and Very Low Income Renter HHs) Supply (Affordable Units) Low and Very Low Renter HHs in Affordable Housing *Housing Costing no more than 30 percent of a household's income: ($5411mo, or less for a family of 4). **Households at 50 percent or less of median income: Income $21,650 or less for family of 4 in 1990, Source: 1990 Census, CHAS data e Housing Needs Based on comprehensive housing afford ability strategy (CHAS) data provided by the Department of Housing and Urban Development (HUD) from 1990 census data to the metropolitan council the following affordability needs are evident in Stillwater: Rented very low income, elderly houses are the most apparent household type needing assistance (217 household vs 87 affordable units). There is adequate rental housing stock for low income households of all types. Elderly very low and low income owner household are in need of assistance (273 households and 13 housing units). This is true but to less extent for small families. Seventy-four percent of very low income elder households pay more the 50 percent of their income for housing while 64 percent of small families earning less than 30 percent of median income pay more than 50 percent of their income for housing. There is a demand for 639 units of renter very low and low income housing and 628 affordable units available with only 109 of those units occupied by very low or low income households. See following charts. Conclusions Stillwater has a housing afford ability need for elderly very low and low income households. Stillwater has an adequate supply of affordable housing units but they are not occupied by very low and low income households. Most elderly very low income household owners pay more than 30 percent of median income for housing. The housing policies and programs secti~n' provide a city housing plan to address affordability and other housing needs. e Rental Housing Survey In 1993, Washington County Housing and Redevelopment Authority conducted a rental housing survey for Washington County including the Stillwater area. Results from the survey are summarized below: 450 housing units were surveyed just less than 10 percent of the total City of Stillwater housing stock and 30 percent of the rental housing stock. Of 475 units surveyed, 450 were from projects with 3+ dwelling units. Summary of Stillwater Rental Survey Data Table _ Multifamily Properties (3+ units) Summary of SUllwater Rental Survey Data MUltiple Unit Properties -1993 , . OBR 1BR 2BR 3BR Totals Number of Units 16 168 264 2 450 Percent of Market Surveyed 3,6% 37,3% 58,75 .4% 100% Average Rent 361.88 443,06 536.50 562,50 475,99 Number of Vacancies 0 2 6 0 8 Vacancy Rate 0% 1,2% 2.3% 0% 1.8% Average Rents Average rents for multiple-unit properties in this community were lower for the one, two and three bedroom units and were higher for the zero bedroom units surveyed when compared to the county as a whole. The average rent for the duplex properties surveyed in this community were lower for the two and three bedroom units and were higher for the one bedroom units when compared to the county as a whole. For single family homes, average rents were lower for the two and three bedroom units surveyed when compared to the county. Average rent amounts are based on the contract rents charged for each unit by bedroom number and housing type. These figures do not account for the square footage of a unit, costs associated e with utilities or services that are the responsibility 6-6 " I. .." ,- -1 , , Scal. In F.., l:::=-='~:r ,:'':=:':,1.''-=:3 o 0,' 0,4 0,4 . ONE DOT _ ONE HHOLDER AGE 65 OR OLDER WITH HOUSEHOLD INCOME UNDER $35.000 ". e CITY OF STILLWATER COMPREHENSIVE PLAN UPDATE 1990 DEMOGRAPHIC PROFILE Hl-JO!,DEl.?S .AGE c;5 Oi... O!.DCf.! \y/ iNCO'\"H~S LINDt:,,) ~U~\OOO -- HHOLDERS HHOLDERS AGE 6S.. PLAHNING AG E 65 WLJHCOMU T ,135,000 QJ.S.I&IW QR OlDER ~ maw I,DUTCHTOWN '6 11 69,''', 2, OAK GUN 31 16 51.6,.. 3, NORTH HILL "4 171 76,3~. 4, DOWNTOWtl 100 76 76.0r. 5, CROIXWOOD 42 27 6U'~ 6, SUNNYSlOPE 104 91 87,5". 7. WEST HILL 136 114 83,"'. 8, SOUTH Hill 144 112 77 ,7'. 9, HIGHLANDS 47 39 83,0'. 10. FOREST HilLS 77 51 66,2". 11. BUSINESS PARK 0 0 0,0'. STilLWATER TOTAL -;31' -jiS' 7Ur- 12. BROWI"" CREEK 0 0 0,0'. 13. MCKUSICK ROAD 5 3 '0,0". 14. COUNTY ROAD 12 4 2 50.0,.. IS. LONG LAKE WEST 0 0 om'. 16. HIGHWAY 36 0 0 0,0". OUTSIDE CITY -,. "-'5' 55.6". $lUDY AREA TOTAL 940 720 7'-',," ______........_...__._....oM...--.-- . .--.'-'.- Planning Dislrict Baundari.s .-...._ Municipal Boundaries S~HJr~'(~: I}:: 1.it:,.Jud.,.~t,' (It (.:,.m,;. t:" t'r 19"": (:1::'\"" (il .I'....(.....i..;t!.."... filitlc.... (:,"1,'&1'" Ot:..II"~'J;opi"",!:,: CITY OF STILLWATER COMMUNITY DEVELOPMENT DEPARTMENT 111'.01':': I i I.V",...'''':t'''i'.'' :.. 1..t:!J.(..C..'~'.I't If(.~', I: I~ . 11/1611993 . of the tenant or the amenities available to tenants. Specific average rental figures for all bedroom sizes in multiple-unit, duplex and single family properties are provided in the tables below. Vacancy Rates - Multiple Units On August 1, 1993, the overall vacancy rate for multiple-unit properties in Stillwater was 1.8 percent. Vacancy rates were higher for the two bedroom units and were lower for the one and three bedroom units surveyed when compared to the county as a whole. The number of vacancies in Stillwater account for 8.8 percent of the total number of vacancies county wide. Special Notes Stillwater has 11.1 percent of the private rental market surveyed in Washington County. Stillwater is the home of three rent subsidized properties, containing 196 units (Victoria Villa 40 units, Charter Oaks 60 units and Rivertown Commons 96 units). Family Income for Twin Cities Metropolitan Area 1989 HUD Median Income Family offour $43,251 50 percent of Median Income $21,650 Occupations with Median Annual Income less then 50 percent Teachers Aide Retail Salesperson Nurses Aide Travel Agent Bank Teller $17,992 $10,920 $16,515 $19,240 $15,309 Median Housing Value in 1990 Annual Income Required to Purchase New construction $120,200 Existing housing $ 88,900 $42.800 (99% of median) $33,000 (76% of median) Objectives, Policies and Programs Objectives: Residential Character/Housing Conditions Adopt housing/historic preservation regulations , and performance standards to maintain the city's existing housing stock. Enforce the housing code to maintain the housing e stock and ensure the health, safety and welfare of Stillwater residents. Enhance the livability of residential areas through development controls and the provisions of public facilities and services to meet the needs of the neighborhood. Maintain the mix of housing types and tenure in Stillwater's older residential areas. Establish or assist the Washington County HRA in the establishment of a housing rehabilitation program to maintain the existing older housing stock, maintain neighborhood character and the diversity and supply of moderate cost housing. Retain the unique and/or historic character of existing residential areas. Explore development concepts such as higher density infill, mixed use developments and cluster housing to maintain open space character and provide a mix of housing types. Preserve Stillwater's desirable small town character by planning residential development and the establishment of neighborhood character in new areas. Designate multifamily housing sites in areas with residential services include the Downtown. Special Housing Needs Support the provision of a supply of affordable housing for the elderly, physically and mentally handicapped and others with special housing needs who wish to live in Stillwater. Develop housing for a range of household income and age levels where local services are available. e I 6-7 .., Work with the Washington County HRA to provide affordable housing for the elderly and families. .ew Residential Development Design local streets, in area plans and through subdivision design, to provide for neighborhood access and limit through traffic. Provide neighborhood parks for existing and new residential areas consistent with adopted park dedication standards and park plans. Provide for neighborhood convenience stores locations within walking distance of residential areas without negatively impacting those residential areas. Designate residential densities and housing types sensitive to natural resources and land conditions. Use the planned unit development process for reviewing innovative development concepts and protecting natural resource areas. Provide single family, large lot and small lot and attached housing in the URTPA. Policies and Programs Policy 1: Review city affordability housing needs and develop a method of better matching needs to supply. Policy 2: Maintain the city housing stock in good condition. Policy 3: Support effects of Washington County Housing and Redevelopment Agency in providing assisted housing at appropriate locations. Policy 4: Attempt to disburse assisted housing throughout the community. Policy 5: Locate assisted housing near transit lines and public parks. Policy 6: Participate in Minnesota Housing Finance Agency programs that provide housing assistance. e Policy 7: The city shall seek cooperation from local lending institution for financing improvements to older structures. Policy 8: The city shall participate in available housing rehabilitation programs. Policy 9: The city shall endeavor through the development design review process to maintain and enhance Stillwater's community character and housing quality. Program (1) Develop neighborhood housing rehabilitation programs to maintain the supply of affordable housing in good condition. Program (2) Explore using TIF and other funds to provide housing rehabilitation grants to very low and low income senior owner occupied housing needing rehabilitation assistance. Program (3) Consider establishing a housing presale code inspection program. Program (4) Consider establishing a low interest loan housing rehabilitation program for very low and low income homeowners, Program (5) Work with local lenders, Washington County HRA, MNHFA and other housing agencies to provide a comprehensive housing assistance strategy for households ,', needing assistance. Program (6) Attempt to meet regionallifecycle housing goals for the City of Stillwater. ; ';: Regional Lifecycle' Ho'Uslng Goals'",S .:.;,~~.,:;? <t:f";;{"E':::"~'<: '<'::" ' ' '. '--:;,::", -~<"~~;'-.:/.:;!:Pi: -; "-:::'''',.-" , ":-:}:,~':-~~f;f:: , ..., :':-""~. . -. '~',,'- \' . ',' . , -'"'.: ~' . 'p, . "':;City Index 'Be'nc~,m~rd ~~~~J~' '!'74%;~~1t~~. ~i~~~n~~! Rent~I" "<,61% .'.... '52-68%';;, withirf'range*:", LifecY91e.".,;:i';if)':;;;; ",~;~':~;Iy;~;~:::..'" ; i:,:/~;~~~.,:7'::~:; :;, Type:(nol1sil1gle"', . ',;.;y "., .', ' family detached) '28% 29~36%;:::.' withln'rarig~~' OV/,9,~r/Ren,ter,,~i)(,72/28% "(687.7~~)') "witl1in,range*,' . "':i"~'>, " (23~e~~r W!t~jr.:l~?~e. " Denslty:)'X.,.:"i:i':u' ........ <O;'<~;i;' Single~fan1i1Y>i>,;/2.6/acre .2.2:2.ti!acre witl)in' range*~, detacl1e(f:;fX':.,;.J'<,;:~; .....:.".;',... .. . .;'x~"';S~:j\~":" ,<]~.~Cf;~::11:;.{~:l.5;:: Multifa.m!ly'L~/t:}:';~':;<15/acre:'; 13-.1,~/ac.r~ . Yiithin':range *;. ,,;'?.","T;?~P;i:Sy:O'/{. .; :..;' ':;;:;';;i,i~:y~!,; ';"/0;:;:';;',;)",,::.t',,; *Th~pityb(~tlU.water through its ~6usjng pOlicy'sQCl';J;"',i" actions will try to maintain its housing goals within the ',': '. benchma'rKrange. .. ., 6-8 e e MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Request for assessment abatement DA: May 31, 1996 Discussion: The City has received a request from the owner of plat parcel number 9850-6960 to have a prior year assessment levy abated for LI 285 (South East Area improvements). The individual was eligible to defer the assessments in 1994 because of a disability. However, the individual did not apply for the deferral until June, 1995 and the first installment was certified for collection with his taxes in 1995. The individual is requesting that the first year installment (i.e., that which was payable in 1995) in the amount of$1161.40 be abated and that the entire amount ofthe assessments be carried by the City as a special deferral. (Note: Because of his disability the individual is qualified to have assessments deferred and assessments will not be certfied for collection after 1995) The Council would need to adopt a resolution abating the assessments and the City would also have to submit an abatement form to the county. Recommendation: Council consider abating prior year assessment. -#~ e !e ~ MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Outlots A of Highlands 5th & 6th Addn. DA: May 31, 1996 Discussion: Outlots A of Highlands 5th and 6th additions are available for city acquisition. the Outlots are as shown on the enclosed plat. Outlot A of the 5th Addition is a small parcel of land that appears to provide access to the Head End equipment building and tower for the cable communication system. The City may want to control this access point. Outlot A of the 6th Addition is an area adjacent to Lily Lake. The area is wooded, with extreme slopes and should be obtained for open space and to prevent development of this area. As the City Attorney points out in his memo to staff, the cost of acquisition is minimal. Recommendation: City acquire Outlots A of Highlands 5th and 6th Addition as per City Attorney's memorandum. /f(;4 - ! .. e 'e - , , MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464' TELECOPIER: (612) 439-5641 MEMORANDUM TO: Nile Kriesel, City Coordinator and Steve Russell, City Community Development Director David T. Magnuson, City Attorney ~ FROM: DATE: May 24, 1996 RE: Outlots A and Highland's 5th and 6th Addition Enclosed is a letter that I just received from Steve Fiterman's office with regard to Outlots A in Highland's 5th and 6th Addition. Please let me know if this makes sense and I will inform Fiterman. If the parcels should ultimately be in the City's name, it is much simpler to accept a Quit Claim Deed now then wait until tax forfeiture time where we would obtain a more limited title that would prohibit resale. On the negative side, we would have about five and nolloo dollars ($5.00) per year in tax for payable 1996 and another five and nolloo dollars ($5.00) for payable 1997 and in following years it would be exempt. DTM/ds Enclosure ;;; t;,c'('I;JI~ Ill~I*I*I~1 ~ - i! ~ ill / 1"I~Il'lEII"'ffie<I:;11 1; I"' n" /~ [;nJ~ ~~M:iiJ ; 3.::-~~ ~ ,'. ...... 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""8 ~ ~ ~ ~ '.1/ J'" ... ~ ~ ~::: - ~ ~'~ 1715:E \ \ ......<1........':,. ..,....;~ ~ ;5/~~~~io~~: S~?~ '" ~:.1s1;: --~/ == .:- ~ -:::; :: ~r- -~ ~_ " ~ ~ ~ ~ ~(;~11m-~ \..; ...".... m ~1j- ""'Ii~ n.o'tl> '" , - ;/ ~ l-- ~ ~ ~ ~ It st il -... 17m \ \ ' ~ ~ V; i V; V; ...... . $. ~?,,\,. 0 ... ~~ ~ '-- 0\ ...... ... ~ ~ SOUTH !':=FI :y STREET ,;\ V 'itT* lQ ~ 0\ j;3 ~ ~O-o~... ~ 1208 t ~R'VE --- ffi J- ~ ~ ffi ffil8' 0\ q '",.;S-) I. ..... · ' ":S 121. e 'J( - ~ S ~" ~ is f-~"~, P "'.!"+g, ~{~~; ,,,"it'; ,~-' g g g g i IS )/q ~ l~':;; ff ;:; .: ~ "~,~r ~ ~ T T T t ~ ~9i'~ ~ ~ $';~ "". t/j 141 12413,,., -A~ ~ ... \ SOUTH :II I)! 19S1 z 1548 1 "'..... ,." j4i: I.... 1248 J ::: ,y "'... J'lRICK _~m_ ~ ~ 4() _ g~OC;<"133 _ !~;~~ l)Si~;J :; '-,,; ~ ~ l/) i: Q I; e ~I ~ I ~ l/) '" /20 6KI )> IS32l "'l.~\",, 13 1257 0 ~t.... 0 j 'VI" - -i .I 1m - -i -...V', ,~,%'" . " ,!,?' .ll!! :j> -j ~~ ~ S ~ H ~ S iii I ~ ~ f1:::' '. ~~~''j~~'''' ~ _ li ,~' ':'... ~ f /OUTH HEMIDC' ~~RE: --_......!..-I~......t;;t:-:. ... ~... Ii;, h T. ~ I;/r~ ...:;; '7 ~ J" ~ -... a :I!::I!: ... J<$Zl :: S ... ~LlL~f~,l~J St s /(;l:;; ~ ~\:'l h." I :::i _ 'Z5 ts t:! ~ i: , _ t;l J ... ... -{Ii;;jr~,.,'''''''''' ,,'J II ~ '" . .........:I!: :-':"-~- -j4(ji' 8'" a! ~'rl~-"~-:-.'\.x'~ ~ h"f "~...~ ~ 0\ N x tj 0\ ~1!' l~fi';r OA.:EANS COURT :- / ... ~, 'L' -au ~ C ROVE t: El :;; ... ~ /' 1.. I.h, ,-...,; G ... 1322... e .!~ ~ e I " ...... ~ <:l... ~ ~ ~ l :c 1318::: 131 ... Ths :E ii~ W; ~ c.. } ~J:i. h.(l ... ~ ~ ~ ~ I3IC... 1303 ~ :;; 1207 ~ A r~ \ 1 s,c-! 1304 1t3oi I304S 1>>1 C>:iiOj A~ " ~\-- ~ CI ER (..... -3 \: h. ;:; III '1224, '1225 N'" N I JI . llj , :c - '1'ln" ! ;'2J9'1 13 a :' t:!:' if ~~~ ~ ~: :: ~ ~~=;.;,~~: ;Vg~1 ~.. :-... A ~""r ~ i..~ I "11 .E;",:'A .'....'.',j~~.:LII.::..:......:::l1 ',~....g!.fi. ~t'~~l'o.. ~~~ ~I=- -~~ I co ~ I .'. 2i:..I~~'~i,~~ '~',;:.~';; R-ft~~ ~,,"'l'" ,"-.)f~ ~ ~ :::: ~ ~ :Er:~~~~H~f_:~" ".... O~E~S .' ___ ~ . PI ~ · I ~ !&> a ~ I ~ I gig ~ ~ ;,~::.::.:.~.;:::.' f.~!I~~.:,.~_.'~"~ ~fl~: {j,S';;, I -....- so - '..: lQ"';X, ~ H~ ~, fWBIlOO7 ... 0; 0; ",. ., ",-'to,' .~. ~,i1:-""':;-:'" ~ g /J/ ..., ~ f;; '" ~ ~.......~ z ~ ~IRc~El 7r\~ - Jj !t~ ~ - - ~ J .., ... 0\ u: 0\ u: ..-- i ~ :'( ::~ 0\ III ~.,J r=T ~~j:( 1\ , \ \ \ ., ., ., \ II 5 ......, , ........ "'!\ ", ". ", '. '. '. 6 5 18 TROTTER <l -- 2 2 l> ;0 ^ 3 5 8 6 9 Q' .00 I ! I I June 4, 1996 TO: MAYOR JAY KIMBLE COUNCIL MEl\1BERS: GENE BEALKA RICH CUN1MINGS ERIC THOLE TERRY ZOLLER FROM: GWO (DICK OLSEN) RE: CITY HALL / FIRE HALL RENOVATION Attached are three (3) bids for asbestos removal: 1. Concept Environmental Services, Inc. - ("Not-to-Exceed") 2. Abatement Services, Inc. 3, Abatement, Inc. $129,979 ~30,000 $ 39,821 We recommend you award to Concept Environmental Services, Inc. J .1 I The allowance in the City Hall final cost was $25,000. However, please note that Concept Environmental is "Not-to-Exceed" $29,979, GWO believes we can work with Concept Environmental to keep costs within the $25,000 allowance. The City must process a contract direct to Concept Environmental Services, Inc.. GWO will coordinate but this cost is not under GWO, We would appreciate the Council approval at their 6/4/96 meeting. CC: City of Stillwater (Nile Kriesel- Dave Magnuson) BWBR (pete Smith - Dennis V onasek - Reuben Swanson) GWO (Curt Burda - Jeff Olsen) e . I I!.WIRONMFNI'/tJ. 5BRYtf' K. I May 6 1996 t 1322 Helmo Av~nue North 'Oakdale, MN 55128 : (612) 730-7886 (612) 130.7996 Fax Mr. Di k Olsen Georg W. O~n Construction Co. Inc. 1902 S uth ~eley Street Box 2 ' Stillw Dear . Olsen: water City Hall asbestOs abatement activities . Please md attached our proposal for the asbestos abatement activities at the Stillwater City Hall. This proposal is based the infonnation provided by Xun at the job site and the inspection repon completed by NOVA Enviro mental Services. I woul guess that this number is significantly higher than some of the other nwnbers you might have received. This is or two ~easons. . J The scope of work is not verY clearly defined at this point. I w~ instructed to gather bids for the removal of all asbestos-containing materials within the building and that is what I have provided. I would asswne that other contractors who looked at this project only provided bids for the asbestos-containing materials which were identified witlpn the inspection report. Upon completion of my own inspection, however, it became evident fhat there is a substantial amount of asbestos materials in the building that are not identified in NaY A's inspection report. II. I I I !2 Our proposal provide on-site project management and air monitoring services for the duration of the asbestos abatement project. . This service is especially important for your company and the city since both of you are liable for any damages caused by the asbestos contraCtor. This included regulatory violations committed, asbestos exposure incidents or other miscellaneous , damages caused by the asbestos contractor. Our services and insurance covers both you, as the general cOntractor, and the City against any such claims or damages. If you p ceed with one of the other contractors wbo provided an estimate, there is a distinct possibility that they will end up charging you far more than our estimate on change orders alone. Those change order! would be more than jus. fied since a large amount the materials in need or removal are not in the plan. i The bottbm line in this: I would love to assist your company with this project and will do whatever it take to get to that end.! As an environmental consulting company, our goal is always to help you ensure that all your bases are covered ~d to help you fmd the cheapest removal option available. To help you do that, I would be more than willing tb sit down with you and/or :Kurt and figure out exactly what materials must come out and then detennine the best rOSSibleremOVal plan. " e e .. e Please cOlsider these items and let me know what you think. You can contact me at. the office at 730-7886 or at home at 4~0-97<H. I . ! , . i \ \~ Thank yo' for cpnS\dering Concept Environmental Services, Inc. \~ iy , \ Dav ernd ~ AsbestoS i'Y'ision Manager ) !f ,'I J ,I , , \ e \ ,~ ~ c ; t 1322 HeImo Avwaue Non/l Date 5/6196 ClekdaIe. loiN liIiOll2 1, 6tarr.>> 78lI8 Project #:. Proposal BNVIRONMENTA ~ SERVICBS, lNC. 612173D-7&IlBFex Project Information: I 1 Client Informa1] on: , Removal and disposal of floor ttle, asbestos fittIngs and and asbestos Dick Olsen ceiling spray as indicated within the asbestos inspection repon George W Olsen Construction prepared by NOVA Environmental. 1902 South c: reeley Street Work schedule will be coordinated with owner and is assumed to take Box 20 StlHwater, M~ 55082-0020 place In July or August 1996. 439-5410 Contractor cost provided reflects low bid based on proposal recieved 439-8555 Fa;) from'" contractors. Our services will include on-site supervision and air monitoring by a representative from our firm. Descrtptlon Days Persons HrslQnt Ttl HrslQnt Rate Total . Air Monitorina ### 1.00 10.00 100.00 48.00 4,800.00 Air Monitoring - 45.00 - Insoection Tim II - 50.00 - InsDection Tim ~ - so.oo - - - Proiect ManaQ Itment 11.00 11.00 65.00 715.00 C.I.H. Time - 75.00 - Meetina Time 2.00 2.00 55.00 110.00 - - Recort Writino 4.00 4,00 45.00 180.00 Proiect desian 3.00 3.00 65.00 195.00 ; Draftinal Autoe a.d I 45.00 , - . J - Sarncle Analvl .s - Bulk - ij 16.00 - " Sarnole Analy! 's - Air - 8.00 - - ! - Travel Time - J 25.00 - Mileaae - I 0.32 - Per Diem - 25.00 - Lodaing - 45.00 - Mobilization/PI eparation - 35.00 - - - Contractor CO~ ~ - ab&tementldisposaVcermits 1.00 1.00 23,979.00 23,979.00 - HMA C ion - - TOTAL PROJECT COST 29,979.00 ; This estimate ~as prepared by Dave Gutterud. All costs are provided on a not to exceed basis and will depend upon , sample quanti es and project duration. At no time will cost provided be exceeded without written authorization. If you have any que! lions pli3aSe call 612/730-7886. If this quote is tacceptable please sign and retum Accepted by: ! 00:01 96, ~0 Nnr 10d 966 .~3S .O~InN3 Id3JNOJ 966~-0~~-~19 e e , ". e ASI ~."'.:!~. Abatement Services Inc. 1122 U11iversitv Ave. Suire 202 . St. Paul, MN 55104 612-641-n01 E4X 612-641-0183 e April 3, 1996 Mr. Dick Olsen GW Olsen Construction Company 1902 South Greely Street P.O. Box 20 Stillwater, MN 55082-0020 Re: Asbestos Abatement City Hall and Salem Lutheran Church Stillwater, Minnesota Dear Dick: We propose to pr9vide labor, materials, equipment, and required environmental air testing necessary to remove the ACM as identified in the N OV A Survey dated July 1, 1994 for City Hall. There is separate pricing for the Salem Lutheran Church removal of V AT and mastic from secbnd floor hallway, social hall, and lobby. These prices are based on work being conducted'in JUlY or August 1996. ~I Owner to provide access to potable water and 11 OVi electricity. ! J I $22,500.00 . .//, &;; f\(' f\(' .... ,-,vV.vv ... ~J 1Jt:XJ. t:O ..Js~ ()~'" 0 0 Proposed prices: City Hall Abatement: City I Iall Air Testing: .;. ~ f.. ~ A'~:)t~:C'i~ tot-.:e. If you have any questions, please call. Sincerely, ~Vv -rJILt Evan Mackey Project Manager an equal opportunity employer ~ ASI ~~~,::.. Abaten1ent Services Inc. 1222 Univcrs:t\' At.-e. Suite 202 - St, Paul, MN 55104 612-641-1101 FAX 612-641-0183 May 6, 1996 Mr. Dick Olsen GW Olsen Construction Company 1902 South Greely Street P.O. Box 20 Stillwater, :tvfN 55082-0020 Re: Asbestos Abatement Firestation at City Hall Stillwater, Minnesota Dear Dick: We propose to provide labor, materials, equipment, and required environmental air testing necessary to remove the specified pipe fitting insulation, floor tile, and adhesive observed on May 6, 1996. There are approximatel.y 90 fittings and 970 square feet of floor tile. Owner to provide access to water, 110V electricity, 4nd move moveable items from work area. Note: Prices based on work being fonducted in May 1996. Proposed Price: Unit Price: $6,000.00 $ 60.00/glove bag J ,/ , If you have any questions, please call. Sincerely, ~ ~(~) Evan Mackey Project Manager ::n equal opportunity empioy::r .. e e 85/2~/1~96 13:21 6126279871 ''',-I.::l~ .AJ e '01 27th Ave. S.E. Mpls., MN 55414 Office (61 2) 627.9909 FAX (612) 627-9071 PROPOSAL Date: May 24,1996 To: Dick OIICD GW OIIleD ConltructioD 1902 GrceI,. Street Stillwater, MN Work to be Performed At: Sdllwater Pollee and Fire Station We hereby propose to furnish the materials and perform the labor necessary for the completion of Asbestos Abatement Project: Remove and dispose of asbestos throughout building as per NOVA IUrvey dated JlIly 1, 1994. The following item are included in all abatement projectS: 1. 0ccutrcDcc type asbestos liability insurance coverage. %. Final air clearance in compliance with applic.:,wle Federal Law. 3. Pinal cleaning and encapsulation ~ work area. 4. All hazatdous waste disposal according to EP A guidelines in an approved landfill via manifest. S. All abatement peIfOII1led within a negative air system. 6. Strict compliance with applicable Federal and State Regulations 7. Owner is responsible for the water and electrical sUpply and all costs associated. 8. A-I Abatement, Inc. is not responsible for damages caused by spray glue ~. J All material is guaranteed to be as specified, and the above work to be performc#i in accordan<:e with the drawings and specifications submitted for above work mid. Completed. in substantial workmanlike manner for the sum: $39,821.00 ) I .1 I Rcspe<:tfu11y submitted, ~.61tt/~ Estimator The above work, prices, specifications, and. conditions are satisfactory and are hereby acocptc:d. You are authorized to do the work a$ specified. Payment to be made within 10 days after work is completed. ." Date: Signed: Title:. Certified Asbestos Removal . licensed . Bonded · Insured · Hazardous Waste Disposal ~ Metropolitan Council ~ Working for the Region, Planning for the Future ~ May 29, 1996 ~r2~r2D~f7l'::: r~ D'LS ~ 15 \2 l,~-;.i ;".,',j ~-~~: 'I I.;AY ~ I I9S;: 'I e t Mr. Nile Kriesel City Coordinator City of Stillwater 216 N. 4th St. Stillwater, :MN 55082-4898 FYI Dear Mr. Kriesel: The Metropolitan Council staffhas prepared a preliminary population and household estimate (April 1, 1995) for your community. Enclosed for your review is a 1995 worksheet which includes 1990 Census background data. The estimates are used by the Council to monitor population and household change in the region. We strive to provide estimates that are accurate and to treat each municipality consistently. If you have questions or comments about the estimates, please contact Kathy Johnson at 291-6332 or by e-mail atkathy.johnson.@metc.state.mn.us. If you prefer to submit written comments, please direct these to Ms. Johnson as well. We need to submit finalized estimates to the State Department ofR~enue by July 1, 1996, for use in their local aids fonnulas. To do so, we must receive your comment~by June 15, 1996. Thank you for your prompt attention to this matter. Sincerely, J ,I I James Solem Regional Administrator JSlkj " . - Enclosure " " e 230 East Fifth Street St. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TrY 291-0904 Metro Info Line 229-3780 An Equal OpportlUlUY Employer Metropolitan Council Provisional Population Estimate April 1, 1995 e STILLWATER ....-.-..'. - -- .."",'" ............., .... -...... ....... :.:1990CtrtStlS ........., ...-..... ..... ':lIousii1~;gm~i:"::: 1995 Bousin Units .- ..... ".. ..,....",....... ... .........:'i995Effiriitt:dH.'.. ... ':g8mpl~f~4~9~iIigpriits....,. Total 3,625 1,478 2 5,105 4,218 1,619 2 5,839 <!".,!22~~~fu-ri.~~#~H,: "Q99PP~~.~q4~~~~I(W:\ 4,138 1,548 2 5,688 Single-family Multifamily (incI. town homes) Mobile Home '. 1990 Census Households 1995 Household Estimate 4,982 5,688 1990 Group Quarters Population 1990 Population in Households 1995 Population Estimate 1995 Group Quarters Population 1995 Po ulation in Households 377 13,505 15,649 531 15,118 1990 Census Persons per Household 1995 Persons er Household 2.71 2,66 All numbers are as of April 1 of each year. *This total includes 49 units listed in "other" housing in the 1990 Census data. The Census defmes these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no infonnation on "other" units is available between censuses, for purposes of 1995 population and household estimation, these units have been allocated to the single and multiple family categories, This was done based on persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction. e i -- METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council. its advisory and standing committees. and three regional commissions: Metropolitan Airports Commission. Metropolitan Parks and Open Space Commission. and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem. through the Twin Cities Computer Network at 337-5400. Comments on COUDcil issues can be made by electronic mail at data.center@metc.state.mn.us or by calling the Public Comment Line at 291-6536. DATE: May31.1996 WEEK OF: June 3 - JUDe 7. 1996 METROPOLITAN COUNOL Community Development Committee - Monday. June 3. noon. Room lA The committee will consider: city of Andover comprehensive plan amendment; city of Prior Lake comprehensive plan amendment; rural area policy's policy and implementation discussion; Community Development Committee meeting day and time; and other business. Association of Minnesota Counties District 10 Annual Meeting - Tuesday. J~e 4. 4:30 p.m.. AMC Building. 125 Charles St. St Paul. ;1 Transportation Technical Advisory Committee to the Transportation Adv60ry Board - Wednesday. JUDe 5. 9 a.m.. Chambers. The committee will consider: transit user and non-user cbaractf.istics; public meetings on ISTEA authorization; Prospectus; Woodbury's local circulator service; revised COIDIllCqts on the Growth Options; and other business. Transportation Ac:c:essibUity Advisory Committee - Wednesday. June 5. 1 p.m.. Room lA The committee will consider: regular route update; implementation plan for changing to four-day advance reservations; Metro Mobility customer satisfaction survey summary; Metro Mobility operations report; and other business. Finance Committee - Thursday. JUDe 6. 4 p.m.. Room 2A The committee will consider: membership in MSRS unclassified retirement program.; approval to change meeting day for Finance Committee; adoption of resolution authorizing expenditures of public funds for certain organizational functions. employee development activities and other public purposes and delegating certain authority; discussion of preliminary property tax estimates for 1997; Council computer support; and other business. The next portion of the meeting may be closed to the public pursuant to Minnesota Statutes section 471.705 subdivision 1 a for discussion of labor negotiation issues. The meeting will be reopened to the public following labor negotiations discussion. The next portion of the meeting may be closed to the public pursuant to Minnesota Statutes section 471.705 1 d for discussion of litigation and settlement issues. The meeting will be reopened to the public following the discussion of litigation and settlement issues. e Special MeetingfMetropoIitan CouneD - Thursday. June 6. 5:30 p.m. or immediately following the Finance Committee meeting. Room 2A. The Council will discuss whether to close meeting to discuss attorney-client privileged matters. The next portion of the meeting will be closed to public pursuant to MN' Statutes 471.705, subdivision 1d(e) for discussion of attomey-client privileged matters and litigation issues. e The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St, St Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, ca11291-6447, (IDD 291-0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. TENTATIVE MEETINGS THE WEEK OF JUNE 10 THROUGH JUNE 14, 1996 Growth Options Electronic Focus Groups for Youth - Tuesday, June 11,8:30-10:30 a.m., Chambers. Environment Committee - Tuesday, June 11,4 p.m., Room 1A Growth Options Electronic Focus Group for Planning Commission Memben - Tuesday, June 11,7 - 9 p.m., Chambers. Growth Options Electronic Focus Group for Business and Industry Representatives - Wednesday, June 12,8:30 - 10:30 a.m., Humphrey Institute, Dining/Conference Room, 301 19th Ave. S., Minneapolis. Open House/Opportunity for Public to Review and Discuss Proposed 1997-2000 Transportation Improvement Program with Agency Representatives - Wednesday, June 12, 4 - 6 p.m., Room IA Growth Options Electronic Focus Groups for General Public - Wednesday, June 12,7-9 p.m., Humphrey Institute, Dining/Conference Room, 301 19th Ave. S.;Minneapolis. Growth Options Electronic Focus Groups for Regional Interest GrouplStakeholder Representatives - Thursday, June 13, 8:30 - 10:30 a.m., Maplewood Community Center, 2100 White Bear Ave., Maplewood Providen Advisory Committee - Thursday, June 13, 10:30 a.m., Room 1A Transportation Advisory Board Policy Committee - Thursday, June 13, 12:3J p.m., Room IA ,'I Land Transportation Committee - Thursday, June 13, 1 :30 p.m., Room 2A Metropolitan CouncD - Thursday, June 13,4 p.m., Chambers. J ,I I Committee of the Whole - Thursday, June 13,5 p.m., or immediately following the Council meeting, Room IA Growth Options Electronic Focus Groups for General Public - Thursday, June 13, 7 - 9 p.m., Maplewood Community Center, 2100 White Bear Ave., Map1ewood. e e METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Tuesday, June 4, 4 p.m., Chambers. The commission will consider: advisory comments on potential siting of Southeast Regional Wastewater Treatment Plant in Grey Cloud Island Regional Park; Upper Mississippi River Regional Trail Master Plan-Grain Belt site acquisition; request for $13,333 increase in Grant AG-93- 10, Coon Rapids Dam Regional Park development; video of 1995 Special Park Districts Forum; and other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St, St Paul, MN 55 I 0 I. Meeting times and agendas occasionally may be changed. To verify meeting information. please call 291-6363. METROPOLITAN AIRPORTS COMMISSION Planning and Environment Committee - Tuesday, June 4, I p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold-Chamberlain Field. The committee will hold a public hearing on the proposed Marriott Residence Inn site in Bloomington. Following the public hearing the committee will consider: June ADNE levels; final contract payments for 1995 asbestos abatement at New Ford TownlRich Acres, administration building modifications at St Paul Downtown airport, and 1993-95 Part 150 sound insulation program; contracts bids received for 1996 airside bituminous construction at MSP, 1996 pavement joint sealing at MSP, 1996 airfield electrical construction at MSP, valet parking office and west vertical circulation. 1996 pavement rehabilitation and airfield signage at Crystal Airport, 1996 pavement rehabilitation at Lake Elmo Airport. and Part 150 sOund insulation program May bid cycle; automated weather observation system equipment upgrade and transfer, review of upcoming construction project bids; benchmarking study; potential property acquisition and city of Eden Prairie agreement for Flying Cloud Airport; letter regarding MASAC structure; and other business. Management and Operations Committee - Wednesday, June 5, I p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold-Chamberlain Field, The committee will consider: award of outdoor advertising contract; preliminary budget; April budget variance; bid results for one mini pumperlEMf truck;348 m th lease. of two front end loaders; seasonal rental offour (4) motor graders; appointment of "Responsible Authori " pursuant to the Minnesota Government Data Practices Act; benchmarking study, utility update, Minnesota tate Lottery ticket sales renewal of agreements; MSP parking policy; review of reliever airports income and ; committee reorganization; legislative agenda; reliever jet policy; reliever fuel sale accountability; and other business. : Metropolitan Airports Commission offices are located at 6040 28th Av. S., ~lis, MN 55450. For more information. call Lynn Sorensen at 726-8186. METROPOLITAN SPORTS FAOLmES COMMISSION ConcessionslMarketing Committee - Thursday, June 6, I :30 p.m., InIH Metrodome, 900 S. 5th St. Minneapolis. The committee will consider: 1995 annual report; Minnesota Vikings 1996 season presentation; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St. Minneapolis, MN 55415. All meetings are held in the Commission office conference room. unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Bob White, 335-3310. e ~ Metropolitan Council ~ Working for the Region, Planning for the Future e May 31, 1996 Dear Friend, Your opinion has never been more important. On June 13, 1996 we hope you will help us answer the question: How should the Twin Cities region grow in thefuture? We invite you to join a special focus group session for members of regional interest groups to discuss the way the region develops over the next 25 years. The session will take place on June 13. 1996 from 8:30 - 10:30 a.m. Your input will help guide regional decisions on how to use land and where to invest public dollars for sewers, roadways and transit. What will the future look like? Considerable development is forecast over the next 25 years. By the year 2020, the Twin Cities area will have grown by 650,000 people - a 28% incr~ over the current estimated population. This represents an increase of 330,000 new households and 380,000 new jobs. At this meeting we will discuss three growth options and their characteristics and use electronic audience response technology to collect your candid input. We encourage your discussion to help determine the best attributes of each option. We look forward to seeing you there. 7il- Curt Johnson Chair, Metropolitan Council ) ,'1 .'1 -------------------------------------------------------------- Special Focus Group Session for Regional Interest Groups otJv'(~ ~~~ .~ Date: Time: Where: June 13, 1996 8:30 - 10:30 a.m. Maplewood Community Center 2100 White Bear Avenue, Room C Maplewood CALL NOW to reserve a place: 291-8140 230 East Fifth Street St, Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TOO/TIY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer The Changing Face of the Twin Cities ~ Metropolitan Council ~ Working for the Region. Planning for the Future Ways Our Community Can Grow In 25 years there will be: . 650,000 more people living in the metropolitan area Why is this important? . Current Trend Development Expansion of the urban area continues in all directions. It is market driven, meeting the demand for housing and job locations wherever it occurs in the region. . 380,000 new jobs created . 330,000 new households developed Community Issues: . to determine how we can best prepare for the changes. . to accommodate the region's development. . to plan the kind of region we want and not allow growth to happen haphazardly. . Concentrated Development New growth is located in existing urban areas. Development emphasis is on the central cities and older suburbs while preserving agricultural land outside the urban service line. Housing density would increase and some mixed housing and retail development would share locations. . an aging baby boom generation . less public service dollars . What do we want from our neighborhoods? . How should our community grow in the future? . How do we want to use our land around the metropolitan area? TO REGISTER FOR A FOCUS GROUP SESSION CALL 291..8140 . Growth Centers Development Retail business and job locations mingles with housing. A more transit and pedestrian friendly urban environment would be created. The urban service line would expand into some rural areas. . How can we plan now for the public's needs in 25 years? . How will a regional growth plan affect personal and public ~ decisions on location of housing, jobs, roads, sewers and other public needs? . e e Focus Group Sessions Times and Locations Tuesday, June 11, 1996 Metropolitan Council Chambers Mears Park Center 230 E. 5th Slreet St. Paul General Public 8:30 -10:30 a.m. Planning Commission Members 7 - 9 p.m. Wednesday, June 12, 1996 University of Minnesota Humphrey Institute of Public Affairs Dining/Conference Room 301 19th Avenue S, Minneapolis Business & Industry Representatives 8:30 - 10:30 a.m. General Public 7 - 9 p.m. Thursday, June 13, 1996 Maplewood Community Center 2100 White Bear Avenue, Room C Maplewood Regional Interest Group Representatives 8:30 -10:30 a,m. General Public 7 - 9 p.m. PLANNING OUR COMMUNITY FOR THE FUTURE Choosing a growth and development strategy for the Twin Cities area 1995 - 2020 Community Focus Groups June 11, 12, 13, 1996 --- ._-... ."..;....:;~,~ ~ == ~ Co) l! ~~ o ,~ (.) c:: ~ = a: as r! ..., ,9 := 2' o ~ ~-s o S, ~1 ::!1 ~ ~ To Register Please Call 291-8140 These focus group sessions. will provide you with an opportunity to learn about the tliree growth options being considered by the Metropolitan Council. An electronic audience resf)onse system will be used during the discussion to gauge your resp'onse to various attributes of each growth option. -- Your input will guide decisions on how the region grows in the next 25 years -.:t M '" - I 0- ...00 .2};!~ s:: '" on o;@ ~ ,- ~ a ': . o..~"3 '" f.I.l <Il aoo.. 0..... . ::ENcn ~ Metropolitan Council ~ WorldngJor the Region, PlanningJor the Future ... e Mn/DOT Metro W.E. TEL:bl~-~e~-l368 May 30 96 13:40 No.Ol3 P.Ol · t~jl Minnesota Department of Transportation News Release e Metro Division 1500 County Hd, G2 West Roseville. MN hh11:~ Pllone: ('il?! 5H?-1000 May 28, 1996 Contact: Dan Penn Project Engineer (612) 797-3072 FOR IMl\1EDIATE RELEASE AeDee Latten II Metro Division Public Af1'airs (612) 582-] 549 TDDmy (612) 296-9930 TOT.I. FREE 1-800-657-3688 NOCTURNAL WEEKEND CONSTRUCTION WILL CAUSE DELA VS ON I-35W, 1-94, AND HIGHWAY 6S (Minneapolis, Minn) - Beginning Friday night, May 31, the MiImesota Department of Transportation (MnlDOT) continuing construction of overlays, guardrails repairs, resurfacing, and bridge work along T-35W may cau.c;e delays. Weekend work will begin on late Friday evenings and conclude early Monday mornings. . Beginning early Saturday morning, June 1, northboJld Highway 65 will be reduced from three lanes to two. Southbound lligh~ay 65 (Minneapolis exits to southbound 1-35W) will be reduced to one lane. AsJa result, this will cause delays .1 for motorists exiting downtown at 10th Street, 12th Street and 4th Avenue. Traffic from eastbound J-94 to southbound Highway 65 will also experience delays. Anticipated completion for these restrictions is late August. ... Saturday, June 1 from 1 a.m. until 6 a.m., the ramp from northbound 1- 35W/Highway 65 t() westbound 1-94 will be closed to allow maintenance crews to perform a thorough inspection of the bridge deck for upcoming repairs. ,e Mn/DOT Metro W.E. TEL:612-582-1368 May 30 96 13:40 No.013 P.02 "# ~ more - e · Beginning Friday night, JUlle 7, work to remove the decks on the 26th and 28th street bridges over 1.35W will cause major delays. From 8 p.m. Friday, June 7, until 5 a.m. Monday, June] 0, both directions ofI-35W from 24th street to 31st street will be reduced to one or two lanes. + U From 10 p.m. Friday, June 14 to 5 a.m, Monday, June 17, work to remove the deck on the Highway 65 bridge OVer 1-94 (downtown entrallce and exit to J-35W) will begin; eastb(l~111d and wcstbOWld 1-94 under Highway 65 will be restricted to one lane throughout most of the weekend. Major delays are expected. · From 6 a.m. to 7 p.rn Saturday, June 1, the Minnehaha Parkway will be closed. Also, the Diamond Lake Road access ramp to northbound 1.35W will be closed. " Work on the mainline roadway and bridges 011 and over I~35W from Minneapolis to Bumsvillc will require weekend lane closures on 1-35W throughout lhe sumnler. City streets over 1-35W will also be restricted or closed on an alternating basis. ,;jMotorists call expect major delays, e!\pecialIy during peak periods. Motorists arc advised to use alternate routes whenever possible and allow extra travel time. ! I For Current infOlmation about lune/ramp closures and restrictions olll-35W throughout the summer, cuU the 1-35W HOTLINE at 582~ 1493. Leave a message for more information. Please use caution when driving through construction zones especially at night when visibility is reduced. And don't drink and drivel Remember ...lives are On the line. Let's make thi:; a safe construction season fro road workers and motorists. Weather permitting this construction work should be done by fall of 1996. Please use caution when drivjng through this and aU work zones. ##fffl# Safe and Smart, Do Your Part Work Zone Safety is Everyone's Responsibility ei m f-/' e MINNESOTA HISTORICAL SOCIETY 345 KELLOGG BOULEVARD WEST ST. PAUL, MINNESOTA 55102-1906 NEWS RELEASE Media contacts: Barbara Averill or Media Relations Manager 612/297-3931 Beverly Gorgos Historic Preservation, Field Services and Grants 612/296-5451 STILL'''VATER RECEIVES HISTORICAL SOCIETY GRANT Certified Local Government grants, funded through the U.S. Department of the Interior, National Park Service, have been awarded by the Minnesota Historical Society to the cities of Hastings, Eden Prairie, Minneapolis, Little Falls, Pipestone, Duluth, St. Cloud, Cottage Grove and Stillwater. Cities with historic preservation ordinances and commissions with programs certified by the State Historic Preservation Office are eligible to apply for these matching grant funds. Ten applications for a total of $64,200 were approved. Stillwater's grant was for $5,000 to be used to survey and evaluate the Sabin District. The Minnesota Historical Society is a non-profit educational and cultural institution established in 1849 to preserve and share Minnesota history. The Society collects, preserves and tells the story of Minnesota's past through museum exhibits, extensive libraries and collections, historic sites, educational programs and book publishing. By state law, the Society also has responsibility for Minnesota's historic preservation program. The Historic Preservation, Field Services and Grants department helps to identify, evaluate, register and protect the state's irreplaceable historic and archaeological resources through research and education, technical assistance, project review and grants. e -30- e Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes May 8, 1996 Members: Doeksen, Gorski, Kalinoff, Lockyear, Maybanks, Myers, Nelson, Ruch, Sandeen* (on leave). Director: Bertalmio. *Absent 1. Call to order: A quorum being present, President Ruch called the meeting to order at 7:00 p.m. 2. Adoption of the Agenda: Moved to adopt the agenda. Moved by Maybanks/seconded by Doeksen. Unanimously approved. ., 3. Memb.er Education Jack Cole, Hennepin County Library Board, MELSA Library Board, Past President of the Minnesota Library Trustees Association, presented a seminar on library Trustee duties, challenges and responsibilities. 4. Preliminary discussion of 1997 Budget Goals The Director asked for Board and staff input as staff begins the budget process. Some suggestions for focus of expenditures were: 1. Staffing increases 2. Centennial/other special events 3. Some public relations (i.e. printing and publishing) 4. Consultant and professional services 5. Some seasonal adjustment to add summer hours for the St. Croix Collection. 5. Communications There is a meeting scheduled with Ms. Weingarten and several #834 media specialists at 7:30 a.m., May 10, for the School/Library Relations Committee. -' 6. Consent Calendar Lockyear moved/Gorski seconded motion to approve the consent calendar including payment of bills in the amount $12,248.01. Unanimously approved. e "':i,:.~~tt;J)I~Nr;m~;j~~~1~1:';~~ page 2 Board of Trustees Minutes 5/8/96 7. Old Business: Ms. Bertalmio reported on United Technologies' pay for use computer program. Board is concerned about how much time and technical on-site support will be required from staff members. Board consensus is not to pursue this. 8. New Business: The Board discussed Family Friendly Libraries strategies of book challenges. We will review our current book objection policy and procedure next month. 9. Adjournment: Agenda items being completed and there being no other business, President Ruch adjourned the meeting at 9:09 p.m. e e 1. 9:00 2. 3. 9:00 4. 5. 9:35 9:45 6. 7. 8. 10:00 9. 10:30 10. 10:30 TO 11:00 11. 12:30 TO 2:00 W ASIDNGTON COUNTY Dennl. C. Hegberg District 1 Mary Hauser District 2 Wally Abrahamson District 3 COUNTY BOARD AGENDA F' lr . MAY 28, 1996, 9:00 A.M. I Myra Peterson District 4 Dave Engstrom District S/Chal, ROLL CALL CONSENT CALENDAR H.E.L.M. DEPARTMENT - M. MCGLOTHLIN, DIRECTOR A. SET PUBLIC HEARING FOR REVISION OF MINING ORDINANCE B. DECLARE A DISASTER EXISTS WITHIN THE COUNTY C. REQUEST THAT DAMAGED PROPERTY BE REASSESSED FOR SPECIAL TAX CREDIT D. RESOURCE RECOVERY SERVICES RESOLUTION GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR DISCUSSION FROM THE AUDIENCE VlSlTORS AUY SHARE 77lE/R CONCERNS wrm mE COUNTY BOARD OF COMM/SSJONERS ON ANY rn:M NOT ON mE AGENDA. mE CHAIR W11L DIRECT mE COUNTY ADMIN1Sl1lATOR TO PREPARE RESPONSES TO YOUR CONCDINS. YOU ARE ENCOURAGED NOTTO BE REPEImOUS OF PREVIOUS SPEAKERS AND TO UMlT YOUR ADDRESS TO FIVE MINUn::i COMHISSIONER REPORTS - COHKENTS - QUESTIONS THIS PERlOD OF TIME SHALL BE USED BY mE COMM/SSJONERS TO REPORT TO mE FUlL BOARD ON COMMllTEE AC11VlT1ES, MAKE COMMENTS ON AU17ERS OF 1NI'EREST AND lNFORMA710N, OR RALSE QUES710NS TO mE STAFF. THIS AC710N IS NOT lNlENDED TO RESULT IN SUllSTANl1VE BOARD AC710N DURING THIS TIME. ANY AC710N NECESSARY BECAUSE OF DISCUSS/ON W11L BE SCHEDULED FOR A FUlVRE BOARD MEETING. BOARD CORRESPONDENCE EXECUTIVE (CLOSED) SESSION-J. HONMYHR, HUMAN RESOURCES DIRECTOR NEGOTIATION STRATEGY ADJOURN BOARD WORKSHOP WITH PUBLIC WORKS DEPARTMENT - ROOM B REVIEW 1996 REVISION OF THE COUNTY HIGHWAY MAP MEETING WITH RAMSEY COUNTY BOARD - HISTORIC COURTHOUSE DISCUSS ISSUES OF MUTUAL CONCERN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Date May 28 May 28 ay 28 une 4 MEETING NOTICES CO_ittee HRA Public Hearing Growth options for the Twin Cities Forum Planning Advisory Committee Washington County Board Meeting Tiae 8:00 a.m. 4:00 p.m. 7:00 p.m. 1:00 p.m. Location Washington County Government Center Washington County Government Center Washington County Government Center Cottage Grove City Council Chambers 7516 80th Street South-Cottage Grove Au";"e limning device. .re ."eiMble ft)f' u.. in the County BoenJ Room. If you need .u_. due to dillSbility t)f'MngWJ(Je "-frier. p/H.. cell 430-6000 (TOO 439-3220J EaUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* MAY 28, 1996 , I The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ADMINISTRATION ITEM e A. APPROVAL TO ADD RICHARD SCHUBERT, STILLWATER TOWNSHIP, TO THE CLUSTER ORDINANCE REVIEW COMMITTEE. AUDITOR-TREASURER B. APPROVAL OF APPLICATION FOR CONVEYANCE OF TAX-FORFEITED LANDS FOR AN AUTHORIZED PUBLIC USE FOR THE CITY OF MAHTOMEDI. C. APPROVAL OF RESOLUTION, AUTHORIZATION TO CONDUCT EXCLUDED BINGO LICENSE FROM SCANDIA - MARINE LION'S CLUB TO BE USED AT WASHINGTON COUNTY FAIRGROUNDS, BAYTOWN TOWNSHIP. D. APPROVAL OF ABATEMENT APPLICATIONS FOR HOMESTEAD, REDUCTION OF VALUE AND SPECIAL ASSESSMENTS. COMMUNITY SERVICES E. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH NORTHEAST RESIDENCE, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. F. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH NEKTON, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. G. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH ADAPTED LIVING PROGRAMS, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. H. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH A.M.E. COMMUNITY SERVICES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. I. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH FOCUS HOMES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. J. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH INDIVIDUALIZED LIVING ARRANGEMENTS, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. K. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH MOM RUBICON, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. L. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH REM METRO SERVICES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. M. APPROVAL OF AN AMENDMENT TO THE 1996 CONTRACT WITH THOMAS ALLEN, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. HEALTH, ENVIRONMENT AND LAND MANAGEMENT N. APPROVAL OF PAYMENT OF $16,428.57 TO THE SOLID WASTE MANAGEMENT COORDINATING BOARD PURSUANT TO THE APPROVED JOINT POWERS AGREEMENT. HOUSING AND REDEVELOPMENT o. APPROVAL OF RESOLUTION FOR THE ISSUANCE OF SINGLE FAMILY AUTHORITY MORTGAGE REVENUE REFUNDING BONDS. PUBLIC WORKS P. APPROVAL OF RESOLUTION AUTHORIZING THE EXECUTION OF TRAFFIC BEACON CONSTRUCTION AND MAINTENANCE COOPERATIVE AGREEMENT NO. 74826 AT CSAH 3 AND T.H. 97 WITH MN/DOT AND SCANDIA TOWNSHIP. APPROVAL FOR PLAT OF BREEZY T SHORES, MAY TOWNSHIP. APPROVAL TO PURCHASE A JAIL IMAGING SYSTEM FROM X-IMAGE CORPORATION. e RECORDER Q. SHERIFF R. .Conseat Calendar ilemI_aeaera11y derIDed u ilems or routine business, not requirina discus.ion, and lppIUVed in one vote. Commissionen may .Ioct to pull. Con....t Calendar item(s) for difCuJlion and/or sepanrc ..tion, W ASIllNGTON COUNTY Dennie C. Hegberg Oletrlet 1 M.ry H.ue., Oletrlet 2 ***NOTICE CHANGE IN LOCATION AND TIME*** W.lly Ab,.h.mtlon Oletrlet 3 My,. P.t....on O.etrlet 4 COUNTY BOARD AGENDA O.ve Engetrom O.etrlet 6/Ch.I, CITY OF COTTAGE GROVE 7516 80TH STREET SOUTH JUNE 4, 1996, 1:00 P.M. ROLL CALL CONSENT CALENDAR COMMUNITY SERVICES DEPARTMENT - D. PAPIN, DIRECTOR 1995 COMMUNITY SERVICES ANNUAL REPORT GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR A. USE OF 1995 BUDGET SAVINGS B. AMEND CAPITAL REPAIR FUND 5. 1:20 DISCUSSION FROM THE AUDIENCE 1- 1:00 2. 3. 1:00 4. 1:10 6. 7. 8. 1:30 1:30 TO 2:30 9. 10. 2:30 TO 3:30 VISlTORS MAY SHARE '1HElR CONCERNS WTI1l11lE COUNrl BOARD OF COMM/SSlONERS ON ANY lIEM NOT ON 11lE AGENDA. 11lE CHAIR WilL DIRECT 11lE corlNIY ADM1NISIRATOR TO PREPARE RESPONSES TO YOUR CONCERNS. YOU ARE ENCOURAGED NOT TO BE REPElTT10US OF PREVIOUS SPEAKDIS AND TO UMTT YOUR ADDRESS TO FIVE MINUTES. COMMISSIONER REPORTS - COMMENTS - QUESTIONS 1HlS PDUOD OF 11ME SHAlL BE USED BT 11lE COMM/SSlONERS TO REPORT TO 11lE FUlL BOARD ON COMMl17EE AC'I1VlTIES, MAKE COMMENTS ON MA7'7!:RS OF IN1F:REST AND INFORMATION, OR RA/SE QUESTlONS TO 11lE STAFF. T1US ACI10N IS NOT INTENDED TO RESULT IN SUBSTANI1VE BOARD ACI10N DURING 1HlS 11ME. ANY ACI10N NECESSARY BECAUSE OF DISCUSSlON WilL BE SCHEDULED FOR A FU1VRE BOARD MEETING. BOARD CORRESPONDENCE ADJOURN WORKSHOP WITH OFFICE OF ADMINISTRATION' H.E.L.K. DEPARTMENT CONTRACT PRICING WORKSHOP WITH COMMUNITY SERVICES DEPARTMENT OUT-OF-HOME PLACEMENTS OF CHILDREN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Da'te June 3 June 4 June 4 June 5 June 5 MEE~IIIG IIcnICZS Comai't'tee ~iae Loca'tion Cluster Ord. Rewrite Committee Personnel Committee Meeting AMC District X Meeting Metropolitan LRT Plat Commission 5:00 p.m. 9:30 a.m. 4:00 p.m. 8:30 a.m. 9:30 a.m. Washington county Government Center Washington County Government Center 125 Charles Avenue - st. Paul Hennepin County Government Center Washington County Government Center A..stive limning device. .re evaileble 'or u. in the County Boerd Room. /I you _ ...alenee due rD di8bility or 1en(J_ berrier, pINee uN 430-6000 (TOO 439-32201 EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER ] WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 4, 1996 e The following items are presented for Board approval/adoption: DEPAR~/AGEHCY ADMINISTRATION ITEM COMMUNITY SERVIC~S A. APPROVAL OF THE MAY 21, 1996 BOARD MEETING MINUTES. B. APPROVAL OF RESOLUTION TRANSFERRING $222,800 FROM THE GENERAL FUND BALANCE TO THE CAPITAL REPAIR FUND AND ESTABLISHING POLICY CONCERNING ANNUAL SAVINGS IN PUBLIC WORKS/FACILITIES. C. APPROVAL OF THREE DAY ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR SCANDIA FASTPITCH SOFTBALL, FOR JUNE 21, 22, AND 23, 1996. D. APPROVAL OF AN AMENDMENT TO CONTRACT #CSS-1996-067 WITH AMERICAN RED CROSS TO ADD FAMILY-BASED CRISIS PROGRAM FOR WASHINGTON COUNTY. AUDITOR-TREASURER PUBLIC WORKS E. APPROVAL OF RESOLUTION TO VACATE UNNEEDED DRAINAGE EASEMENT ALONG CSAH 10 IN OAKDALE. F. APPROVAL TO USE FIVE VEHICLE PARK PERMITS FOR A FREE DRAWING DURING EXPLORE WASHINGTON COUNTY PARKS DAY ON SATURDAY, JUNE 8, 1996. '"Coo.seDt Calendar items are gcoerally defmcd as itema of routine business, not requiring discUllioo, uu1approvcd in ODe vote. Commissionen may elect to pull a eo.a Calendar ilem(s) for discussiOD mdlor separate actiOD. . e METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional conunissions: Metropolitan Airports Conunission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem. through the Twin Cities Computer Network at 337-5400. Comments on Council issues can be made by electronic mail at data.center@metc.state.mn.us or by calling the Public Comment Line at 291-6536. DATE: May 24,1996 WEEK OF: May 27 - May 31, 1996 METROPOLITAN COUNCn.. MEMORIAL DAYIHOLIDAY. Monday, May 27, Council offices are closed. Joint Meeting of Environment Committee and Community Development Committee - Tuesday, May 28,3 p.m., Chambers. The committees will consider the Water Resources Management Policy Plan for Rural Areas. Environment Committee - Tuesday, May 28, 4 p.m., Chambers. The committee will consider: EPA Region V Pretreatment Excellence Award; MCES 1997 budget; SE Regional Plant update; and other business. Transportation Advisory Board - Wednesday, May 29, 2 p.m., Chambers. The board will consider: recommendation to add SMTC Reverse Commute Management Project to draft 1997-2000 Transportation Improvement Program; MNIDOT target status report; legislative summary; and other business. Information Meeting on the "Draft" 1997-2000 Transportation Improvement Program (as part ofthe Transportation Advisory Board meeting) - Wednesday, May 29,2:10 p.m., Chambers. Growth Options Open House and Public Meeting - Wednesday, May 29, 7-9 p.m., Dakota Co. Western Service Center, 14955 Galaxie Ave., Apple Valley. Growth Options Open House and Public Meeting - Thursday, May 30, 7 - 9 p.m., Shoreview Community Center, 4600, N. Victoria St., Shoreview. . - The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TOO 291- 0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. TENTATIVE MEETINGS THE WEEK OF JUNE 3 THROUGH JUNE 6, 1996 e Community Development Committee - Monday, June 3, noon, Room lA. Transportation Committee - Monday, June 3, 4 p.m., Chambers. Association of Minnesota Counties District 10 Annual Meeting - Tuesday, June 4, 4:30 p.m., AMC Building, 125 Charles St., St. Paul. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, June 5, 9 a.m., Chambers. Transportation Accessibility Advisory Committee - Wednesday, June 5, 1 p.m., Room lA. Finance Committee - Thursday, June 6, 4 p.m., Room 2A. e OS/24/96 12:50 CITY OF OAK PARK HEIGHTS ~ 6124390456 AGENDA CITY OF OAK PARK HEIGHTS TUESDAY, May 28, 1996 -- 6:30 P.M. 6: 00 AGENDA I. Garbage Collection workshop 7;00 AGENDA II. ~all To Order III. Yi~itor Comments. ou~stions~ or Concerns IV. Depa~tment Reports 1. Police 3. Parks 5. Administration 2. Utilities 4. Building 6. Cable 7. Water Management Organizations 8. Strategic Planning Committee 9. OPH Business Group Enclosure 1 << lA V. ~p8ent Agenda (Roll Call Vote) Enclosures 2, 2A, 2B, & 2C VI. Unfini~hed Business 1. Computer Cost Update Enolosure 3 2. Council Compensation 3. Recycling Awards VII. New Business VII. corre~pondence 1. Minnesota DNR Protected Waters Permit Enclosure 4 '...... 2. Minnesota Association of Small Cities Enclosure 5 3. Allied Blacktop Company Er:u::!108ure 6 e Adjourmnent: NO. 610 [;101 e May 23, 1996 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson Jack Takemoto; Supervisors Louise Bergeron, David Francis, Jerry Hicks and David Johnson. Also, Planner Meg McMonigal, Engineer Paul Pearson, Attorney Andrea Poehler, Peace Officer Steve Nelson and Treasurer Warren Erickson. 1. AGENDA - M/S/P Francis/Hicks moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Hicks/Johnson moved to approve the 5/9/96 Town Board Meeting Minutes as written. (5 ayes) 3. TREASURER- 1. April report given. 2. Claims #972 thru #1016 were approved for payment. 4. ATTORNEY- 1. Radio Bill - Motion Failed Hicks/Takemoto moved to pay Thomas Radio $10,600.00 in lieu of the billed amount of $14,257.87 for work on the Johnson allegations. (Hicks/Takemoto ayes Francis/Bergeron nays Johnson abstain) M/S/P Francis/Bergeron moved to compensate Thomas Radio in the amount of $12,000.00. (3 ayes, Hicks nay, Johnson abstain) The Attorney will send a letter with the check explaining the Township's position on this matter. 2. Rivard Case - On appeal, the decision regarding the Rivard Case has been reversed but the matter has been sent back to Judge Eggelston for further action. 5. PEACE OFFICER - Steve Nelson was present to discuss the state of the Township with regard to his responsibilities. 6. PARCHETTA PERMIT - M/S/P Johnson/Bergeron Surface Application for the Parchetta family. moved to sign the Water (5 ayes) 7. BENSHOOF REPORT/STONEBRIDGE TRAIL - An Engineer from Benshoof Company was present to discuss the striping and signing of the section of Stonebridge ~ Trail from Otchipwe to Partridge Road. The County will do the striping and ..,work with Louise Bergeron to redo some signage. Stillwater Town Board Meeting - 5/23/96 PaRe Two 8. SCHOOL (HIGHWAYS 12 AND 15) - The Planner discussed a possible minor subdivision request of the School Board and a C.U.P. Board Members gave input. e 9. GROWTH OPTION MEETING - Several Board Members will attend Metro Council's Meeting at the Washington County Government Center on May 28 from 4:00-5:30 p.m. 10. u.S. WEST PERMIT - M/S/P Bergeron/Hicks moved to sign the U.S. West Permit for work on 110th Street and Quarry Avenue. (5 ayes) 11. HUNTERS RIDGE - The Engineer mentioned slope easements over lots to be graded. 12. STONEHENGE - Restoration work to be done has been held up by weather. Joel Wahl in's Letter noted. Engineer will ask that silt fences need to be done now. 13. PUBLIC WORKS - 1. Only one bid received for a new-used truck. 2. M/S/P Johnson/Hicks moved that the Township purchase the truck based on the bid received for $32,500.00 plus $25.00 license and 6.5% tax. (5 ayes) 3. Holt Excavating will be told that they may not haul loaded trucks across Stonebridge. 4. A 1997 overlay proposal was presented to the Board Members for their consideration. The Engineer will look at costs. 5. The 1996 Sealcoat and Repair Program was discussed. 14. VIZENOR ESCROW - A letter from the Board will be sent to Mr. Vizenor requesting immediate payment of his long overdue escrow balance. 15. PARK COMMITTEE - 1. Board discussed park name suggestions for Arcola Heights Park. Consensus that it is not the time yet to have a sign there. 2. The Updated Park Plan will be dealt with when the Annexation and County Comprehensive Plan are finished. 16. SOFTBALL/BASEBALL FIELD - Mr. Bushman's diagram of repair was received. Residents may mark off the area but Ron Vincent will do the work. M/S/P Bergeron/Hicks moved to authorize Ron Vincent to improve the Otto Berg Park softball field to Softball/Baseball Standards. (5 ayes) 17. COUNTY COMPREHENSIVE PLAN - Planner McMonigal will review the proposed plan. 18. ORDERLY ANNEXATION DRAFT - Andrea Poehler went over the changes in the ~ proposed final draft. Stillw~ter Town Board Meeting - 5/23/96 Page Three e An Information Meeting will be held at the Stillwater Senior Center - June 18, 1996 at 7:00 p.m. A notification card will be sent to residents. 19. ADJOURNMENT - Meeting adjourned at 11:55 p.m. Clerk Chairperson Approved 'e e chool Talk Newsletter for District 834 Key Communicators Volume 1, No.5 I May, 1996 School Talk HOTLINE: 351-8410 1fJ I I To hear the School Board agenda, call the Hotline after 2 p.m. on Thesdays preceding meetings. The Board meets the second and fourth Thursdays of each month. It is the mission of the Sti{{water 5lrea Schoo{s to ensure higfi quality, innovati'lJe, cha{{enging ed'ucatio1l where a{{ (earners are va{ued ana respectea. Key Communicator comments and questions are printed in bold face, italic type. · A 'bullet'indicates a new voice. Site-based decision making Editor's note: The School Board recently approved a language change in the Position Paper on Site-Based Decision Making which shifted decisions on how parents will be involved from the district level to individual schools: "The membership of the Site Committee... will consist of teachers and the principal. Other stakeholders may be included. Each site will define in their plan how parents will be involved in the building Site-Based Decision Making process." · As a parent, I would like to voice my frustration, anger, disappointment, sadness about the Board removing the language change of parents being involved in the teacher-administration board of site-based management. 1 really feel there is a lack of trost, and I feel sad that par- ents are good enough to ron bond campaiglls alld do fulldraisillg alld some of the thillgs that aren't as pleasant, but the Board can't trust us to be involved in decision-making. I would like to see this issue addressed further. 1 know it's a political hot potato, but 1 hate to see it just get a passing glance at a Board meeting. Progress toward making site-based deci- sion a reality has been moving at a glacial pace. Board members who supported the language change reasoned that making parents' voting status on site councils a building level option rat;1er than a districtwide requitementwould n~ove the e:1t1re process forward, They believe that placing this piece of the site-based program in the hands of each individual school is a move away from "top down management" toward having decisions made closer to where their effects are felt. Their action has been interpreted as an attempt to exclude parents, but their intention was just the opposite. The District 834 TAB (Teacher-Administration-Board) Committee concurred with the Board decision in the belief that the language change removed an artificial barrier to progress. Afton-Lakeland Elementary is the only District 834 school that has presented a formal site-based decision making plan to the School Board, and their council does give parents voting privileges, The Board approved their proposal April 11. Higher expectations for students A caller's comments, printed in the last School Talk, on higher expectations for students drew some thoughUul responses: .If Marva Collins in Chicago's most troubled neighborhood can have secolld graders readillg alld discussing Dostoevsky, why are ours reading simplified fairy talJ!s in Great Books? · Implied in the (call) is the assumption that children are empty vessels to be filled by teach- ers, and that the degree of fillillg depends solely on teachers. I believe teachers have a great deal to do with the results, but that parellts and community environment have an even greater influence... 1 think, for whatever reaSOIl, a substantial percentage of parellts do not back up a demanding teacher. (The writer suggests asking parents of children in one or two classes if they would be willing to have greater demands placed on their children and back up their willingness with a commitment to see that their children spent adequate time doing home- work.) There are probably other methods of detenllining the readiness of a commullity for holding their childrell to higher academic stalldards, but it is simplistic to assume that fail- ure to do so can be remedied by an anllual evaluation of faculty. · There is 110 such thing as too high when it comes to expectations for our children's education. CCMMre/ (or 0 Celebrat:uw\Y District 834, along with the South Washington County scJwol district, has been awarded a $49,937 Goals 2000 grant for implementation and conUllU- nication of the new Minnesota Graduation Standards. District 834 has been selected to receive a 1996 SchoolMatch 'What P{lrents Want' A ward. Ten percent of the nation's public sclwol systems have been recognized for meeting the needs of families choosing schools. SchoolMatch is an independent nation- wide service that helps parents wlw are relocating find schools that match the needs of their children. They maintain inforllultion on all 15,619 U,S. school districts, judging them on academic test scores, class size, instructional expen- ditures, commitment to library/media services, and recognition for excellence by other agencies. The Minnesota School Public Relations Association has recognized the follow- ing District 834 publications: Award of Excellence for the district's general. inforllUltion brochure; Certificate of Merit for the 1996 Winter-Spring Communit)' Education catalog; Certificate of Merit for the key commu- nicator newsletter, School Talk. SAHS biology teacher Andy Weaver has received a $~500 School Nature Area Project (SNAP) grant for prairie restoration in the Environmental Learning Center. Volunteer Bill Lundquist. who has reached 13,000 elementary stlll/ents I\'itll his Visiting Wizard science pre- sentations, recently received the 1996 Community Involvement Individu{ll A ward. SA Y GNE (Stillwater Area Youth Gain Insight Through Volunteer Experience), the Stillwater Junior High service learning program, has been named one of Minnesota's 1996 Star Youth Service Programs. Student representa- tives and SAY GIVE coordinator Karell Richll/UI1l were hOllored April 24 in cer- e/JlOl1ies at the State Capitol. More budget questions/comments · A recent writer in the Gazette brings up a valid point. We have raised fees, cut programs, increased class sizes, cut EAs (paraprofessionals), cut supplies. What % are teachers' salaries of the total budget? What % are administrative salaries of e the total budget? When the district knew of cutbacks, what freeze or cutbacks were recommndedfor salaries of teachers and administration? Teachers' salaries and fringe benefits are 62.8% of the total budget. Central (districtwide) and building (principals) administrators' salaries are 4.6% of the total budget. Salaries and fringe benefits for all district employees (teachers, support staff, administrators) are 82.7% of the total budget. No salary freezes were recommended or implemented during negotiation of the current two-year (1995-96 and 1996-97) contracts. · How much is spent on average on: 1) special education; 2) 'regular' kids; 3) 'gifted' kids'; 4) sports and other activities? 1) The estimated special education budget for 1996-97 is $6.1 million; 2) Based on the preliminary '96-97 general fund budget of $44,829,700, the district spends an average of $4,750 per elementary student and $5,820 per secondary student. 3) Discovery, the program for gifted elementary-age students, has been eliminated due to budget reductions; secondary schools offer enriched courses in English, history, art history, humanities, math and science. 4) Non-salary expensell associated with extra- and co-curricular activities are covered by fees and gate receipts. The state fee law does not permit fees to pay coaches' salaries or administrative expenses. Approximately $600,000 in extra- and co-curricular salaries and fringe benefits is paid out of the general fund. · I see the music lobbyists have been out ill full force to protect their programs. My COil cern is with children who don't have musical ability. What programs do we have to develop the illterests of childrell in science or debate or theatre? Co-curricular programs are already fee based. I don't see any music fee-blJSed programs. S::~ce . we obviously Ileed the cutbacks, I suggest everyone across the board pay their fair share, Ilot just the co-curricular program. If you raise fees, you will be taxing stu- dents out of programs. Then we will have programs for the musically talented alld IlO, one else. Part of the response to this relates to what is part of the curriculum (for credit) and what is co- or extra-curricular. The line gets fuzzy in the area of music: if participation in evening concerts is part of students' class requirements. but teachers are paid a co-curricular salary for that time, how should concerts be classified? At the May 9 Board meeting, a tentative decision was made to charge fees for all Senior High extra-curricular programs related to the Minnesota State High School League (MSHSL). As a result, all Senior High music students who participate in MSHSL music activities will pay a $25 fee, Further, the cost/fee structure for all co-curricular programs and salaries will be reviewed. All that said, nothing is gained by pitting one program or activity against another-in a time of shrinking resources or any other time, for that matter. ' · This writer links the decision to reduce the number of paraprofessional working days to choice: "I thought Olle of the things this district prided itself Oil was the amount of choice ill the differellt schools and the differellt programs they offer. I thillk making this killd of cut is really discouraging choice... It's really sendillg the wrong message to us (Stollebridge parellts)... I ullderstalld this cut process is difficult.. .but I thillk it Ileeds to be fair Oil a school-to-school basis. Preserving choice is the very reason the district is struggling to maintain the 3:1 paraprofessional: teacher ratio by reducing number of working days rather than eliminating positions, .- Each school can decide how best to use its paraprofessionals' time. One example . might be using paraprofessional time for school-opening preparations and finding volunteers to help on field trip days during the school year in lieu of paraprofessional time. Incidentally, principals support the Board's position on this. 2 Marginal CommentS e · Enjoyed your publication, but had trouble following some items because of abreviations such as KC, BWBR, etc. Mea culpa. I have violated the pledge I made in the first issue of School Talk to avoid using Non-Decipherable Acronyms, Only Understood By Educators (NDAOUBE). I used 'KC' to save space and avoid repe- tition of 'Key Communicator; but sever- al people asked me what it stood for- Knights ofColwnbus... Kansas City... KC at the Bat??? If it's confusing to read- ers, it's a poor shortcut. BWBR Architects is tJle name of tJle finn designing the new elementary school. A nice person who answered tJleir phone ~mid BWBR are tJle initials of tJle last names of the original partners, all of whom are retired, So, the name was changed legally to just BWBR. Acronyms sprout in the field of education like dmldeljOl~s on aspri!1g law~l.. He~'s a sample crop... AEW: American Education Week PTA: Parent-Teacher Association PTO: Parent~Teacher Organization PAC: Parent Advisory Committee TIES: Technology Information Education Services SEE: Schools for Equity in Education NEA: National Teachers Association MEA: Minnesota Teachers Association AFT: American Federation of Teachers MSHSL: Minnesota State High School League MASA: Minnesota Association of School Administrators ECSU: Educational Cooperative Service Unit NSIlA: National School Board Association MSnA: Minnesota School Board Association AMSD: Association of Metropolitan School Districts NSI'RA: National School Public Relations Association MinnSPRA: Minnesota School Public Relations Association NAESI': National Association of Elementary School Principals NASSP: National Association of Secondary School Principals ~A]'WW A: National Association of People . Who Write Acronyms (Jllst checking to see if YOIl were still Ollt there, KL) Junior High science requirelllellts · Is it true that 7th grade sciellce is ollly half a year? That really cOllcems me because the U.S. doeSll't do that well with math alld sciences (compared with) other coulltries. Why ill the world would we have a half-year system ill sciellce? During the three years of junior high-grades 7,8 and 9-students take two and a half years of science. The configuration differs slightly at our two junior high schools: at Oak-Land, 7th graders take a full year of life science, 8th gradcrs take half a year of earth science, and 9th graders take a full year of physical science; at Stillwater Junior High, 7th graders take half a year of life science, 8th graders take a full year of earth science, and 9th graders take a full year of physical science. Homework, academics, athletics · What is the homework policy? .. .um.l~aming must illvolve a student doillg individual work. How much is expected? How call high school students do homework if they are employed or...doing athletics Oil theflTst team? There is too much emphasis on varsity highly competitive sports. (Our society seems to demalld this emphasis.) It's olle thillg to provide physical traillillg alld cOllditioll- illg... (it's) another thillg to have a major focus Oil varsity athletics with afew heros ellgaged ill what seems to come down to mock combat. The prime purpose of education is to prepare young people for life as all adult-few will go into pro- fessional athletics. (I admit I am way off the beatell track with this issue.) Are awards displayed for academic accomplishmellts-high grades, special projects, debate team prizes, etc.? Intellectual achievement should be recogllized by every- . body as beillg highly valued. Maybe it is already-maybe there are some things we could do to help? Last question first-yes, awards for all kinds of student accomplishment are displayed-from trophy and display cases in the high school and junior highs to elementary school hallways rich with student projects and art. Recognition of student achievement takes many forms, including academic awards assemblies-here are a couple more random examples. Large banners recognizing student accomplishments in all areas are displayed permanently in the high school gym. Student art is displayed on a rotating basis in the district's boardroom. At the end of each exhibit, student artists and any guests they wish to bring along are invited to a School Board meeting where formal recognition includes receiving a letter of appreciation and pointing out their art for the live TV audience (everybody gets pop and cookies, too). About homework. The district's policy is not a 'hard and fast rule,' recognizing that homework assignments should fit individual courses and students. The policy det1nes some principles to be followed including that homework should: be ncxi~ ble; have a dct1nite purpose; not be 'busy work'; never be assigned as punishment; be reasonable and not a replacement for in-school work, The policy specifically states that homework is more effective if parents understand its purpose and how best to help at home. Watching movies in class · Is there a (written) district policy (K-12) regardillg watching Hollywood- produced movies during classtime? I think it would help clarify the issue for both teachers and parellts. A video is classified as an instructional resource, and the district does have a policy on selection and review of instructional matcrials. The policy cites specific criteria and procedures for selection. Resources selected by teachers should contribute to what students are learning and should be consis- tent with the district's mission and core values. Leave a request on the hotlinc to obtain a copy of the complete policy. 3 Valley Crossing receives national recognition Valley Crossing School has received the nationally recog- nized Magna Award from the Americlln School Board Journal, wllich called the three-district collaborative school "one of the most effec- tive governance programs in North America. It Twenty-follr award-winning programs were selected from among 265 nominees based on: relevance to school gov- enUl1lce; local school board initiative and involvemeflt,' benefit to learning,' boldness in purpose. innovation and creativity; capability for replication by other school boards in similar circum- stances; positive collabora- tion between school board llnd other elltities,' and SIlC- cess in view of the program s primary objectives, An updme on \'hlley Crossing will be included in the next District 834 News at the end of June. S chaol Talk is published by School District 834 (Stillwater Area Schools),1875 South Greeley Street, Stillwater, MN 55082 (612) 351-8340/ TOO 351-8338 FAX 351-8380 Editor: Karen Lampi, 351-8400 School Board Melva Radtke, Chairperson Karen Rose, Vice Chairperson Joan Friant, Clerk Mary Cecconi. Treasurer Bud Buchman, Director Steve Zinnel, Director Shawn Draper, Director Superintendent of Schools Dr, David L. Wettergren " Board work sessions · Board workshops: who can attend; who can participate; how are they publicized? Work sessions are governed by the same open meeting law that applies to any meeting of the Board. Anyone may attend unless the meeting has been declared closed and notice has _ been published as such. School Boards may conduct closed sessions for purposes such as .. discussion of personnel matters, labor negotiations, or explusion of a minor student. Anyone may attend open work sessions, but because they are set up primarily for Board members' discussion, the audience may participate only at Board discretion. TIme for pub- lic comment is included in all regular School Board meeting agendas. Dates and times for work sessions usually are set during a regular Board meeting, and if that's the case, publi- cation of a meeting notice is not required. If the time of a work session is not set during a public meeting, notice must be published in the district's official newspaper at least three working days before the meeting takes place. Taxes.. . teachers. . .not teachers... · Feb. issue Key Communicator whining about taxes... We already have "high caliber" teachers. I'm happy thus far with our district's teachers my daughter has had and whom I have met. Instead of paying more for teachers, how about incentives for teaching kids well? This could be monitored by a parent board. In addition, I recently read that the average pay for a teacher in the u.s. is $36,500 or so...forworking 9 months and get- ting every holiday off. I would say that's reasonable. Seems to me there is a lot of money spent on people who aren't teaching the 3 Rs, i.e. administrators, counselors, etc., etc. New elementary school · There are some bad rumors circuloJing about the new school building. Can we put out some positive illfo? The Spring District 834 News newsletter includes an article and archi- tects' drawings of the new school. Call the hotline if you didn't receive a newsletter ir. April, and one will be sent to you. Updates will he included in the District 834 News throughout the planning and construction of the new school. Please let us know what these specific rumors are, so they can be addressed. · (Here's what I think about) the new school at Co. 12 & 15. You've lost our support. Spend our money more wisely & prudently like your own! Put this school where sewer is already available next to the new Taj Mahal Sr. High! Sewer and water is not available next to the High School, and, in fact, utilities connections would have been more expensive in Oak Park Heights than in Stillwater Township. This was addressed at length in the December School Talk. And, yes, the High School is beautiful, isn't it? Don't (or,et to lvvr,-te...or (..0.11 Stillwater Area Schools Central Services Building 1875 S. Greeley Street Stillwater, MN 55082 Nonprofit Org. U.S. Postage PAID Permit No. 192 Stillwater, Minnesota >lAYOR JAY KIMBLE \VI LWATER CITY of ~~H STREET 216 N FO N fP$l STILLWATER M e . . . . 206:0N /. ' .;,. \ l " . . \. , / I' '. " " I ,I ~ .,. \ . t - \ \' ,/I , ~,\' "'I,IM I!'" 'I \, " '. I' 'I \, I I , , , , , ' ~'~"~~'\"lr~\',U{~I(I\al!\:~;~>i:' ;', "jo ," ,'..,,/ :,,~ ,\~, ( I', "" (, : 'I ' .. r,\'.'. ~ lll'~ ~ . ,1/1,.r ,'" ...) .Jr..," \., . . I <\. I , I TO: Richard Cummings FROM: Bob Schunicht, Steve McComu DA TE: June 4, 1996 RE: Lily Lake As requested, we have reviewed the avaHable data on LHy Lake and fll'C providing I..,fe.in our comments and suggestions. Ba.~ed on OUf review, we believe that the 1996 program for Lily Lake should include the following: I. Monitoring of lake and 2-3 inflows 2. Aquatic ve,getatiOnlseed bank survey 3. Surface alum treatment of upstream water bodies 4. Evaluation of watershed practices Current Water Ouall(y and Monltn.;nr The Metropolitan Council's u199~ Study of the Water Quality in 59 MClropolitau Area Lakes" pre.~ents water quality data for Lily Lake in 1995. (See attached) Under a volunteer monitoring program entitled "Citizen-Assisted Monitoring J:9gram" (CAMP). a volunteer(s) measured temperature and transparency and collected sampl~ which were analyzed for total phosphorus, total Kjeldahl nitrogen and chlorophyll-a on a bi~weekly ba.~ from mid April to mid-October (14 sampleli). The test results indicate a fairlr' gout! water quality for a lake in an urban watershed. .j / However. ba4led on the input of Stillwater residents, the lake water quality ha.'i deteriorated nver the pa~t several years nnd the City's goal is to n:~tore Lily Lake to its original, more pristine condition. Because improving lake water quality from a relatively good condition to a better condition is extremely sensitive, we believe that more knowledge about the inflows to the lake and their interaction with the lake is necessal)'. We recommend a monitoring program of the three major lake inlets and the lake itself to determine actual conditions and to calibrate the lake model. Aquatic V eptatio~eed R..nk SurvU Aquatic vegetation is often a key to lake water quality. The right combination of plant species can often improve lake water quality while the wrong vegetation or dominance of one ~pecies (particularly exotics) can be harmful fo wate.r quality. We recommend a survey uf cxi~ting aquatic vegetation and the St~ hank to provide infonnation about existing conditions that could lead to an effective (yet inexpensive) vegetation management program. 20: Q iJiJ:9L 96/iJO/90 LL~L9~92L9 S S31VIJOSSV OOM1S3N08 . . I- 206:0N Alum Tfta__nt Continuous dosing of alUIIl for storm water treatment is not likely to be allowed by the MPCA. At the present time, it appears that the MPCA will apply a drinking water standard for aluminum on discharges to a public water body. While dosing could still be done under these standards. it would require a large settling basin before the Waler could be discharged. We have experience in the City of Eagan llherein an alum surface trc61tluent of upstream water bodies provided for long tenn (up to 3-5 years) remov6l1 of phosphorus frum stormwater before it is discharged to a high quality water body. What happens is that the alum from the surface treatment attaches to the pond bottom. As stonnwater enters the pond, it mixes and comes in contact with the aluminum in the pond bottom and phosphoris is remvoed. In Eagan this process ha.~ continued to work for three yeilC5 after lhe treatment. We recommend alum treatment of the Brick Pond in 1996 after the initial monitoring. The process is recommended because it's relatively inexpensive (approx. $600/acre) and effective. Completing the alum treatment after the initial monitoring and then continuing to monitor after the treamaent will provide data on the effectiveness of the alum procedure. Watenh~ Pn<<I8lII Once more is known about Lily Lake and its relationshisp with its watershed (through monitoring and'the vegetation survey), the model of the lake can be reviewed and calibrated. At this point. the more expensive watershed praclicc~. such as ui version, should be reevaluated for effectiveness and costJbenefit. ) (I ,') J .j I ~O: ~ fJfJ:9L 96/fJO/90 LL~L9~92L9 A S31VIjOSSV OOM1S3N08 . Lily Lake Washington County LaIc. 10: 1ICIOlI3 WMO: Middle at Cra. Rlwwr VoluntNt: WuhlngtDfl C~ aWCD t.Ifl...~~rry ChItM... e Sampll"Sl ... ContDI.IN In m...... ef7,. t 0 '011 alO I . , ...... Data Tabl. . r · ~ CoIIndl q\IIl~ cMck) 0.. "",. .t ........ ,." fIlA e.cN ,.,.,.. .., DIp ltfnp. (CJ (uWt "' -- 0.... ..... ~7 ,. aD .0 1.1 U t . .... ,.,. ,... ID '" ... WI. - ,..8 III 1.7 ... lIIII 'llID 17.0 70 U &.7 ilia M '1.0 ID, U .... I 1m '01' ao II ,.. 1.0 . . 1(1 ,.. n.. ., u ... . . .'" ".0 . So, '-0 . a '''' 1'1' ao 70 u ... I a n 110 au III 11.0 ..0 1 I WI? l1li ao II ao ,.. I I ...' 'V'l' 11.0 . .0 1.1 . I M4 ". 11.0 eo J4.0 ,.. 1I I ... ,- 1&. 10 ,1.11 tot t t 'MI ,.,. 'LO to I.. Ll . I Lake Water Quality Grade. Ba.ed on Summertime Average. - -- · · . . . . . . . . . " ~ . M . o .. .. . o c c c c c . (8ourou: MehpollM COUltON end STORer da.) 206:0N fJO: Q fJfJ:9L 96/fJO/90 LL~L9~92L9 A S31VTJOSSV OOM1S3N08 au,.. TP (u;JI) .0 -..,.... lP 70 .1P ~ c.... eo 10 40 10 ao 10 0 M-r J"'M July Aug. Sept. Celt. Del. 8ecchl Depth (m....) C"'Ol'O~" (u;II) 7 40 . . 10 . 20 I 2 10 1 0 0 May Jun. Jl.Ily Aug. S.pt. Oot.. D_ e , - ClyIIII CIUl' I - 80,"" AIvw "-nt .. S _ Olflnllil AlgII ~ I " - ....h AIgI/ Color , - 8I'IeN AI'" Iloom 3 J I 0 May Jun. July Aut. lapt. Oct.. Da" S ,-~ 2-"nor~~ I .. II . ewlmmlng lftlpIIMIlI . - No "'111n1Ing: 80IIInt OIC . . No MIItIIIllIe ~ 3 1 I 2 1 0 May Jun. July ~. ..,\. 0cL C..