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HomeMy WebLinkAbout1995-12-05 CC Packet City Council Agenda 95-39 December 5, 1995 2. This is the day and time for the public hearing to consider an ordinance amending City Code Chapter 27, Dogs and Other Animals, as it relates to regulating the definition and location of dog kennels. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995. - Possible second reading of Ordinance 816, Amending City Code Chapter 27, Dogs and Other Animals (First reading 7/11/95) 3. Case No. SV/95-78. This is the day and time for the public hearing to consider a request for street vacation of Nelson Alley between 2nd Street and Main Street; Dick Anderson and City of Stillwater, applicants. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995, and notices mailed to affected property owners. 4. Case No. SUP/95-83. This is the day and time for the public hearing to consider a special use permit for construction of a hotel in the Flood Plain District located at 127 Water Street, City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Report: Garden Townhomes and Greens Townhomes request for acceptance of street dedication 2. Supplemental fiscal impact analysis report - Tautges, Redpath & Co. Ltd. 3. Resolution 95-275: Adopting Final Budget for the Year 1996 Resolution 95-276: Adopting Final Tax Levy for the Year 1996 4. Pine Street Feasibility Report, L.I. 295 Resolution: Receiving Report and calling hearing on improvement 5. Brick Pond dredging and stormwater improvements NEW BUSINESS 1. Approving 1996 Liquor License 2. Approving 1996 Cigarette Licenses PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS 1. Charter Commission - Requested change to City Charter COUNCIL REQUEST 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 e 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 MEMORANDUM e TO: Mayor and Council FROM: City Clerk DATE: December 5, 1995 SUBJECT: Additions/Changes to Council Packet and Agenda ADDITIONS TO AGENDA: 1. Contractors Licenses - New (Consent Agenda No.6) Nova Frost Inc., Excavator; and Kornovich Development, Contractor 2. Supplemental fiscal impact analysis report - Tautges, Redpath & Co. Ltd. (Unfinished Business No.2) ADDITIONS TO COUNCIL PACKET 1. Revised Agenda 2. Memo: Additional information on Brick Pond and stormwater improvements (Staff Reports: City Engineer) 3. List of Bills (Consent Agenda No.1) Contractors Licenses (Consent Agenda No.6) 4. Memo: City Attorney - Nelson Alley Street Vacation (Public Hearing No.3) Memo: Adjacent Property Owners - Nelson Alley Street Vacation 5. Ordinance 814 - Demolition Permits (Public Hearing No.1) 6. Ordinance 816 - Dogs and Other Animals (Public Hearings No.2) 7. Supplemental fiscal impact analysis report - Tautges, Redpath & Co. Ltd. (Unfinished business No.2) 8. List of Liquor and Cigarette License Applications (New Business Nos. 1 and 2) 9. Memo: City Attorney re: requests for Environmental Impact Statement 10. FYI: Metro Meetings FYI: Invitation - St. Croix Valley Catholic Consolidated Religious Education Program e e e e. AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 95-39 December 5, 1995 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 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - November 21, 1995 Regular Meeting November 29, 1995 Special Meeting PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Bill Fierke - Lily Lake water quality 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 95-273: Directing Payment of Bills. 2. Hang Banner - St. Croix Catholic School, Catholic Schools Week Jan. 26 - Feb. 5, 1996 3. Resolution 95-274: Gambling Premises Permit Renewal - American Legion Post 48, Stillwater 4. Purchase of gas detection unit from Viking Safety Products 5. Approve repairs to Nelson Street Lift Station by Braun Pump Controls PUBLIC HEARINGS 1. Case No. ZAT/95-75. This is the day and time for the public hearing to consider a zoning ordinance amendment regulating the demolition of structures, City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995. Possible second reading of Ordinance 814, relating to Demolition Permits. (First reading 6/20/95) City Council Agenda 95-39 December 5, 1995 2. This is the day and time for the public hearing to consider an ordinance amending City Code Chapter 27, dogs and Other Animals, as it relates to regulating the definition and location of dog kennels. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995. _ Possible second reading of Ordinance 816, Amending City Code Chapter 27, Dogs and Other Animals (First reading 7/11/95) 3. Case No. SV/95-78. This is the day and time for the public hearing to consider a request for street vacation of Nelson Alley between 2nd Street and Main Street; Dick Anderson and City of Stillwater, applicants. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995, and notices mailed to affected property owners. 4. Case No. SUP/95-83. This is the day and time for the public hearing to consider a special use permit for construction of a hotel in the Flood Plain District located at 127 Water Street, City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Report: Garden Townhomes and Greens Townhomes request for acceptance of street dedication 2. Resolution 95-275: Adopting Final Budget for the Year 1996 Resolution 95-276: Adopting Final Tax Levy for the Year 1996 3. Pine Street Feasibility Report, L.I. 295 Resolution: Receiving Report and calling hearing on improvement - 4. Brick Pond dredging and stormwater improvements NEW BUSINESS 1. Approving 1996 Liquor License 2. Approving 1996 Cigarette Licenses PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS 1. Charter Commission - Requested change to City Charter COUNCIL REQUEST 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 .e 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. 12/05/95. 14: 07 '5'612 426 5004 TAUTGES. REDPATH e TAUTGES, REDPATH & CO., LTD. CtN IIf/CO PUfJll(; ACC:ClllNIANTS ~- To the Honorable Mayor and Members of the City Council City of Stillwater, Minnesota This report was requested by the City to supplement our report entitled "Proposed Expansion Study" dated September 29, 1995. ~ 002/019 The purpose of this supplement is to measure the property tax and certain other revenue likely to, be generated by the development for funding incremental ongoing operating costs and other outlays associated with the proposed annexation. . Exhibits 1 to 6 present various cash flow analysis based on a variety of assumptions as described in the Notes section. Our analysis of the various assumptions and the sourceofthe data used in- developing the cash flow schedules is presented in the following section of this report We are available to discuss this report with the City. ~ ~ f~. /,i;/. Tautges. Redpath & Co., Ltd. December 5, 1995 e 12/05/95 14:08 '5'612 426 5004 TAUTGES, REDPATH ~ 003/01~--=- Honorable Mayor and Members of the City Council City of Stillwater, Minnesota Page 2 e AssumDtions and Sources of Data The attached cash flow schedules were developed under several sets of assumptions. Each set of assumptions were developed to illustrate the impact of annexation on the cash flows of the City. The actual impact will be dependent on: 1. The pace of development 2. The property tax policy and approved levy amounts as authorized by the City Council 3. Expenditure levels as approved by the current and future City Councils. 4. The impact of other revenue sources. The attached cash flow schedules were prepared based on the following: 1. Tax capacity values. The tax capacity values were totaled for the proposed annexation property. These values were ob~ned from Washington County and downloaded into the FundW orksTM GeoBase software module. Each parcel has data fields for property market value and the statutory calculations of tax capacity. 2. Tax Capaciti~ for properties in Minnesota are calculated using statutoty rates for ea~h classification of property. An excerpt from statutes is as follows: 273.13 CLASSIFICATION OF :PROPERTY Subdi'Vision 1. Bow classifIed. All real and personal property subject to a general properly tax; and not subject to any gross earnings Of other lieu tax is hel'eby classified fOt' pwposes of tmcation as provided by this section. Subd. 21b. 'lax capacity. (a) Gross tax capacity means the product of the appropriate gross class rates in this section and market values. (b) Net tax capacity means the product of the appropriate net class rates in this section and market values. Subd. 22. Class 1. (a) Except as provided in subdivision 23, real estate whieh is residential and used for homestead purposes is class 1. The market value of class la property must be determined based upon the value of the hOlLSC, garage, and land. The :first $72,000 Of market value of class la property has a net elass rate of one percent of its market value 311d a gross class rate of 2.17 percent of its market value. For taxes payable in 1992, the market value of class la property that exceeds $72,000 but does not exceed $115,000 has a class rate of two percent ofits market value; and the market value of class la property that exceeds $115,000 has a class rate of2.S percent of its markct value. For taxes payable in 1993 and thereafter, the market value of class 18 property that exceeds $72,000 has a class rate Of two percent. e 12/05/95 14:09 '6'612 426 5004 TAt~GES. REDPATH ~ 004/019 e Honorable Mayor and Members of the City Council City of Stillwater, Minnesota Page 3 3. Tax Capacity Rates. The preceding definition of tax capacity establishes a base line for each property to measure the variance from statutory calculations. Tax capacity rates are expressed as a percentage variance from 100. If all of the taxing jurisdiction's property tax levies r~ult in an amount of property tax equil to the statutory tax capacity, then the tax capacity rate is 100.000%. If the total property tax burden of a property exceeds the statutory tax capacity, then the rate would exceed 100.000%. An illustration ofthis concept is as follows: A residential property with a market value of Would have a tax capacity as defined in statutes of: 1 % of the 18t $72,000 or 2% of amounts over $72,000 ($128,000) or Tax capacity Tax capacity rate $200,000 720 2.560 $3,280 100.000 If the govemingjurisdiction's combined tax burden for this property exceeds $3,280 then the tax capacity rate will exceed 100.000%. For instance. iftms property has a tax burden of$4,371.55, the tax capacity rate is 133.279%. e 12/05/95 14: 09 "C'612 426 5004 TAUTGES. REDPATH ,laJ 005/019 Honorable Mayor and Members of the City Council City of Stillwater, Minnesota Page 4 e Each taxing jurisdiction contributes to the combined tax capacity rate. The 1996 proposed tax capacity rates for several Washington County cities is as follows: WuhinSlOn COUftty Slil1wal.... Oak 'ark Laic;. Av,,",S. urnlft , JWraI TOWlllhiD H.i.hlll Btvoort ----.Elmo (aver 2.500) J5,1G2 30.712 lUllS 23.120 41.390 20.S7S 27.674 :1'-32Q 27.320 ;17.320 %7..320 27.320 27.320 21.~20 0.000 0,000 2.307 2.307 0.000 2.307 2.307 ~'.4S7 6SAS' ~'.457 65.451 65.457 6S.457 65.4$7 5.340 B40 3,458 $,340 5.340 9.866 5.340 US,27~ 121l.lI'ZSI II 5.217 12],544 139S01 12H~ 121.0SlI TAX RATES: Cilytrow.w.lp Collllly . R.eaulat OO\lll1;)' - Libr~ ISD 11834 Otllcr 'totals TAX DOLLARS: ... Cily Ownty - Rcsu1u County . Library JSD 11894 Other S 1.1S].31 S 1.007.35 $ 547.60 S 751.34 S 1,3"-'!I S 684.70 S 901.71 8516.10 I~,IO 896.10 .!l6,10 8P6.1 0 896,10 896.10 0.00 0,00 75.67 7Sn 0.00 75.67 75.67 2.14U9 2,146,99 2,I4U9 2,14U9 2.146.99 2,146," 2,146.99 175,15 \15.1S 11 3.42 m.1.S 175,15 32MO 175H S 4.171,~~ S 4.225. $9 S 3'7?9,77 J .US2.24 S 4,575,83 S 4.127.06 S 4.201 62 (1) eNUmlrlg I ~ property wIf1t a mM<et value of 1200.000 Totals The tax capacity rates used in the attached exhibits are the proposed 1996 rates for the City of Stillwater and Stillwater Township as follows: City. Urban 35.162% City - Rural 30.712% Township'" 19,002% "'Includes County library levy tax rate of2.307% 4. Incremental Ongoing Operating Expenditures. The proposed annexation area will cause an increase in expenditures to the City. Expenditures v,.ill increase as follows: a. Initially the City will service added properties which contain low density development. The City has estimated that expenditures will increase by $100,000 in the first year of alUlexation to extend services to the area (primarily consisting of added public safety and public works service capacity levels). b. As development occurs, ongoing operating expenditures will incrementally increase as service demand increase. These expenditure levels will be funded by an increased tax base and other revenues generated from added properties such e as building pennits. Expenditure increases prompted by service demands as the area develops will be subject to annual City Council consideration. 'C612 426 5004 ~ 006/019 12/05/95 14:10 TAUTGES, REDPATH e Honorable Mayor and Members of the City Council City of Stillwater, Minnesota Page 5 . e 5. Township Payments refer to annual payments of a percent of the tax: revenue lost by the township through the annexation process. The statute referencing these payments is as follows: 414.0325 ORDERLY ANNEXATIONS WITHIN A D:ESIGNATED AlUl:A Subd. 12. Property taxes. When a municipality annexes land under subdivision 2, clause (2), (3), or (4), Ot subdivision 2a, property taxes payable on the annexed land shall continue to be paid to the affected town or towns for the year in which the annexation becomes effective. Thereafter, property taxes on the annexed land shall be paid to the municipality. In the first }'t'aI' following the year the land was annexed, the municipality shall make a cash payment to the affected town or towns in an amount equal to 90 percent of the property taxes paid in the year the land was annexed; in the second year, an amount equal to 70 percent of the property taxes paid in the year the land was annexed; in the third year, an amount equal to 50 percent of the property taxes paid in the year the land was annexed; in the fourth year, an amount equal to 30 percent of the property taxes paid in the year the land. was annexed; and in the fifth year, an amount equal to ten pacent of the property taxes paid in the year the land was annexed. The municipality and the affected township may agree to a di:frerent payment. 6. Rural Taxing District is an option available to cities to more closely ma.tch the property tax burden with lower levels of services provided to rural portions of the City. The statute governing this option to cities is as follows: 212.67 DIVISION OF LAND IN CITIES lNTO RURAL AND tJlWAN DIS1'RICTS. Subdivision 1. Any city however organized. except in those counties situated in a metrOpOlitan area as defined in Minnesota Statutes 1961, Section 473.02. Subdivision 5, which contain cities of the first class, may by ordinance adopted in the manner provided in this section divide its area into an urban seIVice distriot and a rural service district, constituting separate taxing districts for the purpose of all municipal property taxes except those levied for the payment of bonds and judgments and interest thereon. In proceedings for annexation, incorporation, or consolidation being conducted pursuant to chapter 414, the Minnesota municipal board may by order divide a municipality into an urban service district and a ruraI service district, such districts to be designated by the board in accordance with the criteria set out in subdivision 2. Thereafter, said urban service district and nual semce district may be changed in the same manner that an ordinance or amendment is changed. in accordance with this section. Subd. 2. The rural service district shall include only such unplatted lartds as in the judgment of the governing body at the time of the adoption of the ordinance are rural in character, and arc not developed for commercial, industrial, or uroan residential purposes, and for these reasons are not benefited to the same degree 8$ other lands by municipal services financed by general taxation. The rural service district may include lands which are not contiguous to one another. The ordinance may designate lands outside the city which, if annexed. shall be included within the IUral service district. The urban service district shall include all lands within the boundaries of the city which are not included in the ruml service district. The ordinance shall determine the approximate ratio which in the judgment of the governing body exists between the benefits resulting form tax supported municipal service to parcels of land of like market value, situated in the IUral seIVice district and in the urban service district, respectively, 12/05/95 14:10 'Zt612 426 5004 TAUTGES. REDPATH ~ 007/019 ' Honorable Mayor and Members of the City Council City of Stillwater, Minnesota Page 6 e by amendment of the ordinance this benefit ratio may be changed, and lands may be added to or removed from the rural service district; but no amendment shall be required to remove lands by the procedure provided in subdivision 5. The City of Stillwater has an existing rural taxing district. The City's policy is to reduce the tax capacity rate in the rural area to 80% of the operating levy of the City plus 100% of the debt levy. The proposed 1996 rates using this formula is as follows: City urban 35.162% City rural 30.712% 7. LQcal Govenunent Aid ~Gf\) and Homestead and Agricultural Credit Aid (JIACA) are state aids to cities designed to supplement operating revenue which generally reduces the amount of property taxes. Based on current statutes~ the annexation may result in increased LGA and RAtA for the City of Stillwater. An estimate of the increase is calculated as follows: LGA - The Minnesota Department of Revenue has estimated an increase in LGA from $869~395 or $14,510 in the first year of annexation. This is based on an estimated population increase of 800. Annual increase are based upon currenst statutory fonnula which considers increase households. HACA - The Mmnesota Department of Revenue has indicated the City would receive additional HACA. This additional amount is approximately 20% of the amount of HAC A of township currently receives. 8. Other Revenue. There will be a variety of other operating revenues which are excluded from this analysis because of 1) uncertainty and 2) the overview nature of the analysis which limits the report to major revenue sources. Several revenue sources identified and not included in the cash flow schedules include; Municipal State Aid (MSA) for road construction and maintenance. This aid is subject to approval of qualified roads for MSA designation. Building Pennit$ as the area develops permit revenue will available to fund direct development costs and to supplement other operating revenue sources. In addition to increased revenue sources~ the City will need to replace revenue from the fire service contract (which provides service to the annexation area) with property tax revenue e 12/05/91 14:11 -a'612 426 5004 TAUTGES. REDPATH ~ 008/019 - Honorable Mayor and Members of the City Council City of Stillwater. Minnesota Page 7 9. Service Efforts and Accomplishments (SEA). The Governmental Accounting Standards Board (GASB) establishes reporting standards for local governments. The nonprofit nature of City government prompts alternative criteria to judge effectiveness in the absencj~ of the profit nature of commercial enterprise. An exposure draft has been issued which addresses measurement criteria for local government. Discussions regarding likely funding levels from property taxes and' other sources must be anchored by acceptable/preferred levels of services provided. 10. Pace of Development. The attached cash flow schedules have been prepared on the following development: Exhibit 1 - No added development; township tax capacity rate. Exhibit 2 - No added development; city rural tax capacity rate. Exhibit 3 - New residential homes over a 10 year period. Residential homes consisting of33 large lot homes per year at a estimate market value (EMV) of $297)000 and 28 small lot homes per year at a EMV of $153,000; property taxes based on township rate for undeveloped property. Exhibit 4 ~ Same as Exhibit 3, except using the city rural tax: capacity rate for undeveloped property Exhibit 5 - New residential homes over a 10 year period. Residential homes consisting of33 large lot homes per year at a EMV of$225,OOO and 28 small lot homes at aEMV ofS140,000; property taxes based on township rate for undeveloped property. Exhibit 6 ~ Same as Exhibit 5, except using the City rural tax capacity rate for undeveloped property. The Exhibit 3 through 6 development assumes development of South Trunk B only. Development of other sections of the annexation area would have a favorable impact on the anticipated property taxes from the annexation area. e 12/05/95 14:12 '5'612 426 5004 TAUTGES. REDPATH ,~009/019, ~ Honorable Mayor and Members of the City Council City of Stillwater, Minnesota Page 8 - Casb Flow Present:,tion The attached cash flow schedules have been prepared with two expressed results; 1. For initial periods in which anticipated revenue is less than base incremental operating expenditures and payments to the :Township, the result is expressed as a "deficit." 2. For periods in which anticipated revenue exceeds base incremental operating expenditures, the result is expressed as "Amount Available fOf Appropriation." The preceding approach was adopted because of the budget process adopted by the City of Stillwater (and most other Minnesota cities). The budget process commonly has two competing forces which are subject to an iteration process as follows: Seme:c level demands estimated by department heads and resulting eoxpenditufes proposed to City council. ~ AdministIation and department heads are ditl"..cted to review necessaxy expenditure levels and to seek alternate funding sources such as grants and direct user charges. Budget Process Administmtion and City Council review reasonableness of requests and pcrfonn analytical processes related to Service Efforts and Accomplishments. City Council soa1 to minimize tax capacity rate. Estimated property tax amount is used to estimate a tax capacity rate. The above process will annually detennine the level of expenditures. This process is currently employed at the City of Stillwater and at Stillwater Township. The approach to estimate the ((Amount Available for Appropriation" serves to recognize the existing local government budget process. Initial period of annexation is an exception to this approach because the City of Stillwater will likely incur a deficit because initial incremented operating expenditures plus payments to the Township will exceed estimated revenue prior to new home development. e 12/05/95 14:12 '6'612 426 5004 TAUTGES. REDPATH ~ 010/019 e Honorable Mayor and Members of the City Council City of Stillwater, Minnesota Page 9 Summary and Conclusion Based on the assumptions described herein, the City will incur an initial deficit related to the proposed annexation. Under all sets of assumptions, however, the annexation will generate adequate revenue to support base incremental operating expenditures after the TowilShip payments are completed. ' e 12/05/95 14:13 "Zt612 426 5004 TAUTGES. REDPATH ~ 011/019 e TAUTGES, REDPATH & CO., LTD. CFRTlFII::V f'Uf3! Ie: ,:;,CCOUNT.4NTS To the Honorable Mayor and Members of the City Council City of Stillwater 216 North Fourth Stillwater, Minnesota 55082 We have compiled the accompanying projections of cash flow and the summary of significant projection assumptions of the proposed annexation area of the City of Stillwater, Minnesota for the period of 11 years in accordance with standards established by the American Institute of Certified Public Accountants. The accompanying projection and this report were' prepared for the City staff and City council of the City of Stillwater for the purpose of measuring the property tax and certain other revenue to be generated by the proposed annexation area and should not be used for any other purposes. A compilation of finanoial projections is limited to presenting in the form of projected financial sohedules assumptions and estimates that are the representation of management. We have not examined the accom~nying projections of cash flow and, accordingly, do not express an opinion or any other form of assuqance on them. Furthermore, we express no opinion on the proje'ctions or how closely they will correspond with the actual resul1s. We have no responsibility to update this report tor events and circumstantes occurring after the date of this report. I ! , , I ~~ ~ f ~ bIi. TAUTGES, REDPATH\& CO., LTD. Certified Public Accountants I I , December 5, 1995 e 12/05/95 14:13 '6'612 426 5004 TAUTGES. REDPATH III 012/019 e CITY OF STILLWATER, MINNESOTA SUMMARY OF SIGNIFICANT FINANCIAL PROJE:CTION ASSUMPTIONS The financial projections are based on various levels of development if such interest and collection rates occur. Accordingly, the projections reflect the City's judgment as of December 31, 1995, the date of this projection. The presentation is designed to provide the City information to measure the property tax and certain other revenue generated by development of the annexation area. In order to compile the following exhibits, various assumptions of future events must be determined. A summary of such significant management assumptit!ns used in the compilation of the exhibits is as follows: .,/ Tax caoacity values. The tax capacity values were totaled for the proposed annexation property. These values were obtained from Washington County and downloaded into the FundWorks™ GeoBase software module. Each parcel has data fields for property market value and the statutory calculations of tax capacity. ./ Tax Capacities for properties in Minnesota are calculated using statutory rates for each Classification of property. .,/ Incremental Onaoinq Ocerating Exoenditures. The proposed annexation area will cause an increase in expenditures to the City. Initially the City will service added properties which contain low density development. The City has estimated that expenditures will increase by $100,000 in the first year of annexation to extend services to the area (primarily consisting of added public safety and public works service capacity levels) and increased by 3% annually. ,/ TownshiD Payments refer to annual payments of a percent of the tax revenue lost by the township through the annexation process. These payments are based on MS 414.0325, Subd. 12. ,/ Local Government Aid lLGA} and Homestead and Agricultural Credit Aid lHACA} are state aids to cities designed to supplement operating revenue which generally reduces the amount of property taxes. Based on current statutes, the annexation may result in increased LGA and HACA for the City of Stillwater. The Minnesota Department of Revenue has estimated an increase in LGA from $869,395 or $14,510 in the first year of annexation. This is based on an estimated population increase of 800. Annual increase are based upon currenst statutory formula which considers increase households. The Minnesota Department of Revenue has indicated the City would receive additional HACA. This additional amount is approximately 20% of the amount of HACA of township currently receives. ./ Pace of Develooment. The attached cash flow schedules have been prepared on the following development: e Exhibit 1 - No added development; township tax capacity rate. Exhibit 2 - No added development; city rural tax capacity rate. Exhibit 3 - New residential homes over a 10 year period. Residential homes consisting of 33 large lot homes per year at a estimate market value (EMV) of $297,000 and 28 small lot homes per year at a EMV of $153,000; property taxes based on township rate for undeveloped property. Exhibit 4 - Same as Exhibit 3, except using the city rural tax capacity rate for undeveloped property Exhibit 5 - New residential homes over a 10 year period. Residential homes consisting of 33 large lot homes per year at a EMV of $225,000 and 26 small lot homes at a EMV of $140,000; property taxes based on townshIp rate for undeveloped property. Exhibit 15 - Same as Exhibit 5, except using the City rural tax capacity rate for undeveloped property. The Exhibit 3 through 6 development assumes development of South Trunk B only. Development of other seclions of the annexation area would have a favorable impact on the anticipated property taxes from the annexation area. C') <:) <:) CITY OF ST(LLWATER, MINNESOTA "- '" Exhibit 1 <:) <:) PROJECTION OF ANNEXATION AREA FINANCIAL JMPACT ~ No New Development and Township Tax Capacity Rate Year 1 Year 2 Year 3 Year 4 YearS Year 6 Year 7 YearS Yeal9 Year 10 Year 11 Revenue: Property taxes: . Urban(1) $6,444 6,637 6,836 7,041 7,252 7,470 7.694 7,925 8,163 8,408 8,660 Rural(2) 85,916 88,493 91,148 93,882 96,698 99,599 102,587 105,665 108,835 112,100 115,463 HACA($) 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 LGAl'l) 15,000 16,500 18,200 20,000 22,000 24,200 26,600 29,300 32,200 35,400 Total revenue 92,360 119,430 123,784 128,423 133,250 138,369 143,781 149.490 155,598 162,008 168,823 ~ ExpendItures: I)., Payment to Township 73,736 57,350 40,965 24,579 8,193 0 0 0 0 0 0 ~ ~ Incrementaloperating{3} 100,000 103,000 106,100 109,300 112,600 116,000 119,500 123,100 126,800 130,600 134,500 . Total expenditures 173,736 160,350 147,065 133,879 120,793 116,000 119,500 123,100 126,800 130,600 134,500 en ~ ~ E-< Defic it (S81 ,376) ($40,920) ($23,281 ) ($5.456) ~ -< E-< Annual Amount Available for Appropriation $12,457 $22,369 $24,281 $26,390 $28,798 $31,408 $34,323 ... <:) <:) It) <D '" ... '" .... <D @l (1) assume: a) no new development b) annual mamet value incroase of ............. c) tax capacity rate of (city urban rate)..._....... (4) year 1 as estimated by the Minnesota Depaltment of Revenue assuming a population increase of 800; yeatS 2 through 11 assumes an annual increase of 10% 3.0% 35.162% (5) estimated at 20% of HACA received by the township (/Btio of tax capacity of annexed area to total tax capacity of the township) .. ... .... (2) assume: a) tax capacity rate of (township rate}........... 19.002% (township @ 16.695% plus library rate @ 2.307%) b) Initial tax capacity of $452,140 c} annual tax capacity Increase of ............. 3.0% <D ... It) CI) "- It) <:) "- '" .... (3) estimated base incremental expenditums to seNiee existing properties - increased by 3% annually Tautges Redpath and Co. 12/5/95 File; 96TAX.XLS . e C') 0 0 "- CITY OF STILLWATER, MINNESOTA C') 0 Exhibit 2 0 ~ PROJECTION OF ANNEXATION AREA FINANCIAL IMPACT No New Development and City Rural Tax Capacity Rate Year 1 Year 2 Year 3 Year 4 YearS Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Revenue: Property taxes: Urban(1) $6,444 6,637 6,836 7,041 7,252 7,410 7.694 7,925 8.163 8,408 6.660 Rural{2} 138,861 143,027 147,318 151.738 156,290 160,979 165,808 170.782 175,905 181,182 166,617 HACA{5) 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 LGA(4} 15,000 16,500 18,200 20,000 22,000 24,200 26,600 29,300 32,200 35,400 Total revenue 145,305 173,964 179,954 186,279 192,842 199,749 207,002 214,607 222,666 231,090 239,977 ~ < Expenditures: 0.. ~ Payment to Township 73,736 57.350 40,965 24,579 8,193 0 0 0 0 0 0 ~ Incremenlaloperating(3) 100,000 103,000 106,100 109,300 112,600 116,000 119,500 123,100 126,800 130,600 134.500 . Total expendilures 123.100 126,800 130,600 134,500 V2 173,736 160,350 147,065 133,879 120.793 116,000 119,500 PJ UI ~ Deficit ($28,431) ~ Annual Amount Available for Appropriation $13,614 $32.889 $52,400 $72,049 $83,749 $87,502 $91,507 $95,866 $100,490 $105,477 ..,. o o IQ U) CN ~ CN ..... U) @l (1) assume: a) no new development b) annual market value increase of ............. c) tax capacity rate of (city urban rate)............ (4) year 1 as estimated by the Minnesota DepaTtment 01 Revenue assuming a population increase of BOO; yesm 2 through 11 assumes an annual increase of 10% 3.0% 35.162% (5) estimated at 20% of HACA received by the township (ratio of tax capacity of annexed ama to total 'ax capacify of the township) .. "'1' ..... (2) assume: a) tax capacity tate of (city rural rate)........... b) Initial fax capacity of $452, 140 c) annual tax capacity Increase of ............. 30.712% l- "'1' 3.0% IQ C>> "- IQ o "- CN ..... (3) estimated base ;ncrementaf expendilures to seflliee existing propeltfes - Increased by 3% annually Tautges Redpath and Co. 12/5/95 File: 96TAXXLS e e CITY OF STILLWATER, MINNESOTA Exhibit 3 PROJECTION_OF ANNEXATION AREA FINANCIAL rMPACT Assuming 61 New Homes per Year and Township Tax Capacity Rate Year 1 Year 2 Year 3 Year 4 Year 6 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Revenue: Property taxes: Urban{1) $6,444 6,837 167.216 259,739 358,562 463,966 576,241 695,692 822,635 957,399 1,100,322 Rural(2) 85,916 86,493 91,148 93,862 96,698 99,599 102,587 105,665 108,835 112,100 115,463 HACA(1t1 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 LGA{olI' 15,000 16,500 18,200 20,000 22,000 24,200 26,SOO 29,300 32,200 35,400 Total revenue 92,360 119,430 284,164 381,121 484,560 594,865 712,328 837,257 970,070 1,110,ge9 1,260,485 ExpendItures: Payment to Township 73,736 57,350 40,965 24,579 8,193 0 0 0 0 0 0 IncrementaloperaUng(3) 100,000 103,000 106,100 109,300 112,600 116,000 119,500 123,100 126,800 130,600 134,500 Total expenditures 173,736 160,350 147,065 133,819 120,793 116,000 119,500 123,100 126,800 130,600 134,500 Deficit ($81,376) ($40,920) Annual Amount Available for ApproprlaUon $137,099 $247,242 $363,767 $478.865 $592.828 $714.157 $843,270 $980,3ge $1,125,985 (1) assume: a) annual growth of 33 homes with an first year EMV of $297,000 and, 28 homes with an first year EMV of $153,000 b) annual market value increase of ............. 3.0% c} tax capacity rate of (city urban rate)............ 35.162% d) homes built in year 1 generate property taxes in year 3 (2) assume: a) tax capacity rate of (tmvnship RIte}........... 19.002% (township @ 16.695% plus library rota @ 2.307%) b) Initial tax capacity of $452,140 c) annua!tax capacity increase of ............. 3.0% (4) year 1 as estimated by the Minnesota Department of Revenue assumIng a population increase of 800; years 2 through 11 assumes an annual increase of 10% (5) estimated at 20% of HACA received by the township (ratio of tax capacity of annexed area to total tax capacity of the township) (3) estimated base Incremental expenditures to service existing properties - increased by 3% annually Tautges Redpath and Co. 12/5/95 e File: 96TAX.XlS e CITY OF STILLWATER, ""NNESOTA Exhibit 4 PROJECTION OF ANNEXATION AREA FINANCIAL IMPACT Assuming 61 New Homes per Year and City Rural Tax Capacity Rate Year f Year 2 Year 3 Year 4 Year 5 Year6 Year 7 YearS Year 9 Year 10 Year 11 Revenue: Property taxes: Urban(1) $6,444 6,637 167,216 259,739 358,562 463,966 576,241 695,692 822,635 957,399 1,100,322 Rural(2) 138.861 143,027 147,318 151,738 156,290 160,979 165,808 170,782 175,905 181,182 186,617 HACA(5) 9,300 9,300 9.300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 lGA{.cj 15.000 16,500 18,200 20,000 22,000 24,200 26,600 29,300 32,200 35,400 T ota I reven ue 145,305 113,964 340,334 436,977 544,152 656,245 775,549 902,374 1,037,140 1.180,081 1,331,639 expenditures: Payment to Township 73,136 57,350 40,965 24,579 8,193 0 0 0 0 0 0 I~remental operalingt3J 100,000 103,000 106,100 109,300 112,600 116,000 119,500 123,100 126,800 130,600 134,500 Total expenditures 173,736 160,350 147,065 133,879 120.793 116,000 119,500 123.100 126,800 130,600 134,500 Deficit ($28,431 ) Annual Amount Available for Appropriation $13,614 $193,269 $305,098 $423,359 $540,245 $656,049 $779,274 $910,340 $1,049,481 $1,197,139 (1) assume: a) annual growth of 33 homes with an fiTS! year EMV of $297,000 and, 28 homes with an first year EMV of $153.000 b) annual matket value increase of ............. 3.0% c) tax capacity rate of (city urban rate)............ 35.162% d) homes built in year 1 generate property taxes in year 3 (2) assume: a) tax capacity rate of (city roral rata)......;.... 30.712% b) inilial tax capacity of $452,140 c) annual tax capacity increase of ............. 3.0% (4) year 1 as estimated by tha Minnesota Department of Revenue assuming a population increase of 800; years 2 through 11 assumes an annual incm8se of to% (5) estimated at 20" of HACA received by the township (mtio of tax capacity of annexed BlBa to total tax capacity of the township) (3) estimated base incremental expendilures to 8elVice existing properties - increased by 3% annually Tautges Redpath and Co. 12/5/95 . File: 96TAX.XLS . -# CITY OF STillWATER, MINNESOTA PROJECTION OF ANNEXATION AREA FINANCIAL IMPACT Assuming 61 New Homes per Year and Township Tax Capacity Rate Year 1 Year 2 Revenue; Property taxes: UrbanI') Rura(12) HACA(5] LGA(4) Total revenue $6,444 85,916 6,637 88,493 9,300 15,000 119,430 92,360 Expenditures: Payment 10 Township Incremental operalingP) Total expenditures 73,736 100,000 173,736 57,350 103,000 160,350 Celie It {$81,376} ($40,920} Annuar Amount AvaJlable for Appropriation Year 3 Year 4 Year 5 276,793 96,698 9,300 20,000 402,791 8,193 112,600 120,793 $98,562 $187,702 $281,998 (3) estimated base incremental expend;turos to service existing properties - incfeased by 3% annually 128,679 91,148 9,300 16,500 245,627 200,199 93,882 9,300 18,200 321,581 40,965 106,100 147,065 24,579 109,300 133,879 (1) assume: a} annual growth of 33 homes with an first year EMV of $225,000 and, 28 homes with an filSt year EMV of $140,000 b) annual market value increase of............. 3.0% c) tax capacity tate of (city utban rate)............ 35.162% d) homes built in year 1 generate properly taxes in year 3 (2) assume: a) tax capacity rate of (township rate)........... 19.002% (township @ 16.695% plus library mte@ 2.307%) b) initial tax capacity of $452,140 c) annual tax capacity increase of ............. 3.0% Tautges Redpath and Co. 12/5/95 . Year 6 358,688 99,599 9.300 22,000 489,587 o 116,000 116.000 $373,587 Year 7 Year I 446,1i8 102,587 9,300 24,200 582,205 539,327 105,665 9,300 26,600 680,692 o 119,500 119,500 o 123,100 123,100 $462,705 $557,792 Year 9 638,571 108,835 9,300 29,300 786,006 0, 126,800 ," 126,800 $659,206 Exhibit 5 Year 10 Year 11 744,114 112,100 9,300 32,200 897,714 656,230 115,463 9,300 35,400 1,016,393 o 130,600 130.600 o 134,500 134,500 $767,114 $881,893 (4) year 1 as estimated by the Minnesota Department of Revenue assuming 8 population increase of 800; yeam 2 through 11 assum&s an annual increase of 10% (5) estimated at 20% of HACA roceived by the township (~/o of tax capacity of annexed ama ro total tax capacity oflhe township) File: 96TAXXLS e CITY OF STILLWATER, MINNESOTA Exhibit 6 PROJECTION OF ANNEXATION AREA FINANCIAL IMPACT Assuming 61 New Homes per Year and City Rural Tax Capacity Rate Year 1 Year 2 Year 3 Year 4 Year 5 Yeal S Year 7 Year 8 Year 9 Year 10 Year 11 Revenue: Property taxes: Urban(1) $6,444 6,637 128,679 200,199 276,793 358,688 446,118 539,327 638,571 744,114 856,230 Rural(2) 138,861 143,027 147,318 151,738 156,290 160,979 165,808 170,782 175,905 181,182 186,611 HACA(5} 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 9,300 LGA(4) 15,000 16,500 18,200 20,000 22,000 24,200 26,600 29,300 32,200 35,400 Total revenue 145,305 173,964 301,797 379,437 462,383 550,967 645,426 746,009 853,076 966,796 1,087,547 Expenditures: Payment to Township 73,736 57,350 40,965 24,579 8,193 0 0 0 0 0 0 lnaemental operating!3} 100,000 103.000 106,100 109,300 112.600 116,000 119,500 123,100 126,800 130,600 134,500 Total expenditures 173,736 160,350 147,065 133,879 120,793 116,000 119,500 123,100 126,800 130,600 134,500 Deficit ($28,431) Annual Amount Available for Appropriation $13,614 $154,732 $245,558 $341,590 $434,967 $525,926 $622,909 $726,276 $836,196 $953,047 (1) assume: a) annual growth of 33 homes with an first year EMV of $225,000 and, 28 homes with an fitst year EMV of $140,000 b) annual market value increase of............. 3.0% c) tax capacity late of (city urban rate)............ 35.162% d) homes buiit in year 1 generate property taxes in year 3 (2) assume: a) tax capacity tate of (city rural rate).....:..... 30.712% b) Initial tax capacity of $452,140 c) annual tax capacity increase of ............. 3.0% (4) year f as estimated by the Minnesota Department of Revenue assuming a population Increase of 800,' yeats 2 through 11 assumes an annual increase of 10% (6) estimated at 20% of HACA received by the township (I'8tlo of tax capacity O'f annexed area to total tax capacity of the township) (3) estimated base incremental expenditures to' service existing properties - increased by 3% annually Tautges Redpath and Co. 12/5195 . FIle: 96TAX.XLS e e e :- MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director /Z-- DA: December 1, 1995 RE: COMPREHENSIVE PLAN INFORMATION Attached to this memorandum is a response to articles and handouts circulating in the community. The response is based on the proposed Comprehensive Plan and studies completed to prepare the plan. ,. ... Clarification of Key Stillwater Comprehensive Plan Elements e In response to the City Council Comprehensive Plan public hearing, December 12, there have been many articles and letters to the editor in area newspapers that contain inaccurate information (examples enclosed). This report addresses some of the misinformation and describes key plan elements Population Growth - The plan, if implemented, could result in the City of Stillwater growing from a population of 15,500 (April 1994) to a population of 20,300 or a 30 percent increase over the next 25 years. Of the 4,800 population increase, 1,400 or over 35 percent of the growth would take place in the existing city. The remaining 65 percent would result from growth in the township planned growth area. To give perspective to the planned growth, over the past 25 years, since 1970, Stillwater has grown from 10,196 to 15,500 representing a 50 percent increase. The planned growth is substantially less then the growth experienced by the city over the last 25 years. If the township area remains in the township and develops at township zoning densities, 300 to 400 housing units and 800 to 1,000 people can be expected to live in the area. Existing Comprehensive Plan - The City of Stillwater Comprehensive Plan adopted by the City in 1979/1980 describes the area west of the city bounded by TH 96, CR 15 and TH 36 as an urban transition area slated for future city annexation and development. Utilities were planned and sized to accommodate city expansion into the area. The idea of city growth in the township area is not new. It has been proposed for over 15 years. e Impact of Comprehensive Plan on City Taxpayer - Two extensive fiscal impact studies were conducted by the city as a part of the plan development process. The reports concluded, based on Comprehensive Plan development, the revenues generated by the development will more than pay the costs of operating city services in the area. It is the policy of the city that new development pay for new infrastructure (roads and utilities) improvements costs. This means city residents will not pay for new development, capital facilities or operating costs. New development will support itself. Based on plan buildout, the fiscal studies estimated annual revenues to be $1 to $3 million in excess of city costs. Need for New Schools - Growth that results from city expansion will require additional educational facilities. This is the case for any development in the school district (most of Washington County). The argument can be made that if growth does not occur in the City of Stillwater it will occur in other parts of the school district requiring school facilities in a different location. School services are provided on a school district basis not by the city. Environmental Concerns - The Comprehensive Plan, natural resource and open space section contains policies to preserve and protect ravines, wetlands, sloped areas, shorelands, woodlands, Brown's Creek, Long Lake and South Twin Lake. The regulations require protection of natural resources through setbacks and buffering. No environmental impact statement is required because the plan is not a project although the plan does consider and address the general environmental effects of plan implementation. e Parks and Open Space - Plan policies require the dedication of land from new development w .. to accommodate neighborhood and community park needs generated by the development. Besides the park dedication requirements, the Stillwater Area Open Space Committee has inventoried open space sites and are testing public support to increase taxes for acquisition of e significant open space lands. An extensive neighborhood and community-wide trail system is proposed in the plan. Sewer and Water Services - Sewer and water service capacity to accommodate planned growth has been constructed or is contemplated in utility plans. The utility service capacity is available to accommodate planned for growth. Existing City Streets, Sidewalks, Parks and Other Facilities - Over the last four years, the city has made substantial improvements to its existing public facilities. Examples are the street and sidewalk improvement programs and downtown revitalization. These programs will continue with the adoption of the new Comprehensive Plan. In fact, the new plan places more emphasis on rehabilitation and preserving the existing housing stock as well as neighborhood parks and public facilities. Economic Development - This plan provides for economic development and growth of the local economy by designating lands for commercial and industrial development. The plan provides for new job growth as well as housing growth to maintain Stillwater as a "freestanding growth center", a designation given the Stillwater area by the Metropolitan Council. Housing - The plan provides for a range of housing types and tenures, single family large lot and small lot, townhouse and multifamily (in the existing city). The plans housing element affirmatively addresses the regional requirements for life-cycle housing. e Plan Preparation Process - The plan update process began in August of 1993. During the past two years, the Planning Commission held monthly meetings on the plan revision. Plan issues were identified, goals and objectives developed, eight alternative land use plans studied and finally a plan selected as the Comprehensive Plan. Stillwater Township Viability - Based on the Comprehensive Plan, 1,900 acres of township land will be annexed by the City of Stillwater. The township currently contains 11,647 acres. City expansion will reduce the township land area by 16 percent. In comparison, Baytown Township contains 6,169 acres and West Lakeland Township 7,972 acres. Both Baytown and West Lakeland townships are much smaller than Stillwater Township yet have a tax rate 50 percent lower than Stillwater Township's existing tax rate. Size of township does not appear to effect township viability or tax rate. e' I e e e .... I , Tonight... Cloudy with a 40 percent chance of light freezing rain developing during the evening ... changing to light snow late. Low in the 20s. Friday... a good chance of light snow, sleet or freezing rain. High in the middle 30s. ;... Inside Today Family.................. .....page 2 Opinion ..................... page 4 Comics ..................... page 5 Sports .................. pages 6-7 Legals .......................page 8 Classifieds ............... page 9 Opini~n Editor John Gillstrom laments the changing face Stillwater's neighborhoods take on a different look and a more impersonal feeling as retailers move into "power centers." ... See PAGE 4. :;;~ - [I Boy! I The Stillwate boys soccer undefeated E season and' camera at se II Some of tho, Sports paQe. 1;,]'H~:,I)I.'I.;.;J',:Ngn~e~I~I::'lgJ:lIJ.,IQ!:-::rt:"'I'::~I~:,C;R<I.1:::,~lIf41 Commission favors By MIKE MARSNIK N dit If the Stillwater City Council takes the recommendation of the Planning Commission, the city will nearly double in size over the next 20 years and Stillwater Township will lose about half of its land. After a nearly four-hour public hearing Wednesday nioht the g o , , asse a reso utlOn recommending adoption of the 1995 Comprehensive Plan update. The council, according to Community Development Director Steve Russell's "guestimatc" "Nill hold its public hearing on the update sometime in December. City Attorney Dave fvfagnuson said the council must wait at least 10 days. Kirk Roetman cast the dissenting votc. In its current form, the updated plan calls for t.he annexation of :ill S' if f' .. . ,~: .."," ",'.,?.: " ,~.JJS.S ,] rm to open III- · · ~I"II r ~ ilr 'I c:, ,! li~lll!n! township lar north by Hif by Highway at slightl) ndeveloped The comr taxpayers. A member, to district, pas: complicated noted that if decision: a I willing to pa, STILLWATER CITY OFFICIALS ARE RUSHING TO GAMBLE ON FUTURE 04 .. '. !-- e The details and impacts of annexation (environmental impact studies, anticipated tax I increases, need for additional schools and city services, to name a few) are incomplete. I I . I I Now is the time to debate the pros and cons of the Plan and bring it to the vote of the I ! citizens. The stakes are too high to be decided without the vote of the taxpayers. Call i I for neighborhood meetings with representation from both sides. I I Why are elected officials so eager to use precious tax revenues for unnecessary sewer I i I and water services, just so a few landowners and developers can maximize their ! I .1 profits? Increasing housing density ten to twenty times present zoning will only push I I I up taxes, and require additional referendums to meet the needs of new and present 1 i residents. ; , I I , I : Look around your neighborhoods. Before the City takes on more liabilities, ask Ii e I yourself: Has the City been managed wisely? Do you need street repairs? Do your i I parks need maintenance? Are houses in disrepair? Is traffic at intolerable levels? Are I i you willing to forever change the small town atmosphere? Do you need a Civic Center ! or Ice Arena? Will annexation benefit you as a resident, or increase taxes to the I I point where you cannot afford to live in this community? Call your Mayor and Council Members and insist on an opportunity to vote on this i issue. Mayor Jay Kimble Councilman Gene BeaIka Councilman Terry Zoller Councilman Eric Thole Councilman Rich Cummings 439-2888 439-4387 439-5286 430-3722 439-6539 Public Hearing - 12 December 1995 e WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT PARKS e HIGHWAYS e FACILITIES 11660 MYERON ROAD NORTH e STILLWATER, MINNESOTA 55082-9573 612-430-4300 Facsimile Machine 612-430-4350 Donald C. Wisniewski, P.E. Director Public Works/County Engineer John P. Perkovich, Deputy Director Operetions Division Donald J. Theisen, P.E., Deputy Director Technical & Administrative Division Edward Kapler, Facilities Operetions Manager October 31,1995 FYI Mr. Klayton Eckles, City Engineer City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Study of Intersection at Owens Street (County State Aid Highway 5) and McKusick Road (County Road 64) Dear Klayton: I received your letter dated October 23, 1995, concerning the above-referenced intersection. We appreciate the City's concern for safety along our County road system. e I have directed staff to complete a traffic study for this intersection. The study will include a review of the options you listed in your letter. We will discuss our findings and recommendations with you prior to submitting a report to you. We will need some time to gather historical information, complete traffic counts, and analyze the data. We plan to have a final report completed by March 1, 1996. Please feel free to contact me or Don Theisen, Deputy Director, if you have any questions or further ideas about this intersection. We look forward to working with you on this issue. Sincerely, ~Jhl-W~ Donald C. Wisniewski Director of Public Works/County Engineer DCW:sls cc: Wally Abrahamson, County Commissioner Don Theisen, Deputy Director , e Prinled on Recycled Papel EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT PARKS. HIGHWAYS. FACIUTIES 11660 MYERON ROAD NORTH · STILLWATER, MINNESOTA 55082-9573 612-430-4300 Facsimile Machine 612-430-4350 Donald C. Wisniewski, P.E. Director Public Works/County Engineer John P. Perkovich, Deputy Director Operations Division Donald J. Theisen, P.E., Deputy Director Technical & Administrative Division e Edward Kepler, Facilities Operetions Maneger FYI November 17, 1995 Mr. Klayton Eckles City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Intersection of County Road 5 and Orleans Street/Wildpines Lane Dear Mr. Eckles: We received your letter dated October 23rd regarding the County Road 5/ Orleans/Wildpines intersection and have evaluated the intersection's operation. The depression along the west curb line of County Road 5 at Wildpines is a result of the short transition length from old to new construction on Wildpines. To correct the problem would essentially require redoing the entire west side of the intersection and extending new construction along Wildpines for some distance to the west. This was not the intent of the original project due to high cost to the city and relatively small benefit. At this time, we do not recommend changing the elevation of Wild pines and modifying the intersecti on. e Regarding the signal timing, there is no protected left turn phase for traffic on Wild pines or Orleans, nor are there arrows on the signal heads. East or west bound motorists are shown a green ball only. Right turns onto County road 5 are allowed on red. Because this is a traffic actuated signal, the Orleans/Wildpines green phase may be skipped if no traffic is detected in the through or left turn lanes. When vehicles are detected, the minimum green time for the east-west phase is 10 seconds 'and the maximum extension is 50 seconds. During exceptionally heavy traffic the signals along County Road 5 will automatically go into coordinated phasing which may reduce the extended green time on cross streets. While we don't continuously monitor these intersections, our periodic monitoring shows that this is very rare, occurring less than once a week and not for extended periods. I appreciate the time and attention you have given this letter. Please contact me if you have further questions or comments. Sincerely, ~~~ Donald C. Wisniewski, P.E. Director of Public Works cc: Commissioner Abrahamson e Printed on RecydM Papel EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION . '. .. INCOME TO DATE . . MONTH BUILDING PLAN REV. PLBG. MECH. TOTAL JANUARY $2,233.50 $668.86 $329.00 $1,070.00 $4,301.36 ---- -..,-.--.-.--- ._--,.--." . - ----- FEBRUARY $13,733.00 $7,407.42 $595.00 $894.55 $22,629.97 ---- MARCH $13,518.00 $6,985.26 $540.00 $395.00 $21,438.26 ._--------~ f-------- ~ ---- ____,___m__' ,___,_ ------- - --. APRIL $27,894.50 $13,820.13 $2,289.75 $1,173.00 $45,177.38 -----~ -.-.------ - MAY $10,353.00 $3,720.78 $3,115.00 $983.00 $18,171.78 JUNE $11,027.00 $4,674.63 $2,083.10 $1,242.85 $19,027.58 JULY $15,483.75 $6,420.83 $890.00 $570.00 $23,364.58 ...--..------.------.-- 1------,----- -,--' -- ---- --.-.--.-.- .-,- .._-- -~..._._..._-'-_.,--'- ----_.~._._--- I-------~,- --,--,--- AUGUST $18,062.00 $6,982.68 $562.00 $1,103.24 $26,709.92 SEPTEMBER $9,102.50 $2,564.39 $757.00 $596.00 $13,019.89 OCTOBER $9,298.50 $3,687.44 $2,005.00 $1,040.00 $16,030.94 - -----.---... - NOVEMBER $12,776.10 $4,549.16 $1,681.00 $1,088.25 $20,094.51 ----- DECEMBER $0.00 ,------- TOTAL $143,481.85 $61,481.58 $14,846.85 $10,155.89 $229,966.17 I. Page 1 . ". VALUE OF CONSTRUCTION TO DATE . . MONTH BUILDING PLUMBING MECHANICAL ACCUMULATION I ------------- -.-----...-.....,..--.-....--.-.. ,.---. .....-----.- . -, JANUARY $242,800.00 $96,349.00 $27,850.00 $366,999.00 --- FEBRUARY $2,692,716.00 $35,400.00 $80,455.00 $2,808,571.00 MARCH $2,1J9,3Qg,:gQ__ ._ $32,020.00 $29,000.00 $2,240,320.00 -, .-.--.-.-.---- ---------.-.-.--.-.------- ----~,---_. --...--....,.-----"- .-----...-- --,....-,--.- _"..______.d_ ..___ ---.- ----..-.-.-.---- ---_. -~- APRIL $6,361,070.00 $114,775.00 $97,830.00 $6,573,675.00 MAY $814,803.00 $227,300.00 $99,350.00 $1,141,453.00 JUNE $1,052,080.00 $211,189.50 $113,437.00 $1,376,706.50 JULY $1,989,300.00 $66,000.00 $52,070.00 $2,107,370.00 AUGUST $2,055,100.00 $38,960.00 $235,581.00 $2,329,641.00 .---..--- SEPTEMBER ___j_~OO,OOQ.:QQ- $86,550.00 $49,385.00 $935,935.00 ---~ OCTOBER $910,200.00 $79,600.00 $91,708.00 $1,081,508.00 --- _~______ _,_,n___ --,-,-- -- ____ NOVEMBER $1,810,235.00 $150,960.00 $91,637.00 $2,052,832.00 ,----,--'--'---- --.-- DECEMBER $0.00 ----------- ------ -- '-'--- ------ $968,303.00 $23,015,010.50 TOTALS $20,907,604.00 $1,139,103.50 TOTAL VALUATION FOR 1994 = $22,009,572.00 TOTAL VALUATION FOR 1993 = $39,394,302.00 '. Page 1 . . . . " '. INSPECTION DATA PERMITS ISSUED 1993 1994 1995 INSPECTIONS 1993 1994 1995 -"'-'--'---~'-----'---'-- -,------,- .. -"".------.-... -.'. --------. ~... ,-- --.---.......-.-....-..- ,- 1----" - ----_.~.- JANUARY 35 45 40 JANUARY 180 269 172 FEBRUARY 36 47 46 FEBRUARY 188 295 89 MARCH 81 75 67 MARCH 192 211 111 APRIL 106 72 120 APRIL 205 281 205 MAY 97 83 111 MAY 289 201 213 JUNE 105 83 85 JUNE 264 186 221 --'. -..------" JULY 113 109 91 JULY 281 201 180 ---_.--------- +.--.---- .----.-.-------- "-------_._---+- .,'--' AUGUST 118 165 99 AUGUST 265 292 220 ..---- SEPTEMBER 104 145 73 SEPTEMBER 212 303 133 --, ,-, ----- OCTOBER 129 89 100 OCTOBER 323 188 146 ----.--.-"----...-...---.----.----...- ..~- --, .-...._- '". .--..--...-.--..-...-.-......----....-- .,.--. ----'. ---, _._~--_.._. NOVEMBER 65 91 68 NOVEMBER 319 276 -- ---..-.---.---- -_.-'--- -- DECEMBER 80 48 DECEMBER 265 112 TOTAL 1,069 1052 900 TOTAL 3,083 2,815 1,690 LIVING UNITS CON TRUCT ED . ----.--.-."-- -_.._._--_.._~ --_.- ._,._- -~ --." 1U3 8LDG UNITS .1DJ BLDGS UNITS 1U.5 BLDGS SINGLE FAMILY 109 109 129 129 44 44 TOWNHOUSE 4 18 4 8 TWIN HOMES 10 2Q 2 2 ~ 1.8 TOTALS 123 147 135 139 53 62 ------ - ---'- TOTAL RESIDENTIAL UNITS DURIN 1991, 199 2, 1993. ,1994 code cycl es=6 47 Page 1 e e A, .. 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 DAVID T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTANTS: MELODIE ARVOLD JODI JANTZ MEMORANDUM TO: Jay Kimble, Mayor; City Council and Staff FROM: Dave Magnuson DATE: December 5, 1995 RE: Lumberman Hotel Project - Release of Forfeiture Provision The Redevelopment Deed given by the City to the developers for the Lumber Baron's Hotel contains what is known as a forfeiture provision requiring that if the redeveloper fails to begin construction of the minimum improvements before April 26, 1995, and if the developer had not cured the default by beginning construction within ninety (90) days after written notice, a forfeiture would occur and the City would again be vested with Title to the property upon payment to the redeveloper of the amount the redeveloper had paid the City for the property. Schedule D to the Development Agreement provides for the release of this forfeiture provision and now that the developers are converting their construction financing to permanent financing, the lender has asked that the City execute the release. I enclose a copy of Schedule D of the Development Contract and also a copy of sections 9.3 and 9.3.1 of the Redevelopment Contract. In my view, the developers have satisfied sections 9.3 and 9.3.1 and are entitled, as a matter of law, to have Schedule D executed by the City. It is my recommendation that the Council authorize the Mayor and Clerk to execute this Certificate on the behalf of the City and to forward it to the redeveloper and their lender. DTM/ds Enclosures ) e SCHEDULE D CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, The City of Stillwater, Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Deeds in and for the County of Washington and State of Minnesota, as Deed Document Number(s) _ has conveyed to St. Croix Preservation Company (the "Grantee"), the following described land in the County of Washington and State of Minnesota, to-wit: LEGAL DESCRIPTION and WHEREAS, the Contract For Private Redevelopment as approved the Grantor, on January 17, 1995, (Redevelopment Contract) contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, the covenants and restrictions being set forth in Sections 9.3 and 9.3.1 of the Redevelopment Contract. WHEREAS, the Grantee has performed the covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Redevelopment Contract have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar as it applies to the land described herein, and the County Recorder in and for the County of Washington and State of Minnesota is hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of the contract referred to in said Deed, the breach of which would result in a forfeiture and right of re-entry, but other covenants created by Section 3 of the Deed shall remain in full force and effect. Dated: THE CITY OF STILL WATER, MINNESOTA By Its e By Its D-l ~ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) e On this _ day of , 1995, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that (s)he is the of the City named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed in behalf of said City by authority of its Council; and said acknowledged said instrument to be the free act and deed of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1995, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that (s)he is the of the City named in the foregoing instrument; that the seal affixed to said City by authority of its Council; and said acknowledged said instrument to be the free act and deed of said City. Notary Public D-2 e e e ) '1. Section 9.3. Revestinl! Title in City U90n Haooeninl! of Event SubseQuent. In the event that subsequent to the delivery of the Redevelopment Property Deed to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion: 9.3.1. the Redevelop~r shall fail to begin construction of the Minimum Improvements in conformity with this Agreement by April 26, 1995, and such failure to begin construction is not cured within ninety (90) days after written notice from the City to the Redeveloper to do so, and upon payment to the Redeveloper of $635,000 plus interest from the date of the Redevelopment Deed at the rate of 6% simple interest per annum. . ' MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN e 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 DAVID T. MAGNUSON MATTHEW A. STAEHLlNG LEGAL ASSISTANTS: MELODlE ARVOLD JODI J..>..:qZ December 4, 1995 Mr. Jay Kimble, Mayor City Council and Staff City Hall 216 North Fourth Street Stillwater, MN 55083 Dear Ladies/Gentlemen: I have received calls at my office demanding that the City do an Environmental Impact Statement before they approve the Comprehensive Plan or decide upon an annexation alternative. To determine the readiness for environmental review, we look to the Minnesota Administrative Rules that provide a time table for doing either an Environmental Assessment Worksheet or an Environmental Impact Statement. This work is done before final approval of a project and a project is defined by the Rules as "governmental action which would cause physical manipulation of the environment directly or indirectly. The determination of whether a project requires this environmental review shall be made by reference to the physical activity to be undertaken and not to the governmental process of approving the project. " The Comprehensive Plan decision and a decision about annexation is a governmental process and will not directly or indirectly cause physical manipulation of the environment. This manipulation will no doubt take place after a plat has been approved and, therefore, the proper time to require either an Environmental Assessment Worksheet or an Environmental Impact Statement would be when the platting process is under review and before any improvement project or other work on the ground would take place. We, on the Staff, are very aware of the threshold requirements for environmental review and we will advise the Council well in advance of either an Environmental Worksheet or an Impact Statement being required. Respectfully submitted, Ie DTM/ds , ... e e e Regular Meeting STILL WATER CITY COUNCIL MINUTES November 21, 1995 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 Public Works Director Junker City Planner Fitzgerald Consulting Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette STAFF REPORTS No reports. APPROVAL OF MINUTES Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the minutes of the November 7, 1995 Regular and Recessed Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclamation: Adoption Awareness Month - Angie and Anita Kisselburg. Mayor Kimble read a proclamation declaring Adoption Awareness Month. The proclamation was accepted by Angie and Anita Kisselburg. 2. Update: Stillwater Area Citizens Open Space Committee - Corey Mohan. Corey Mohan presented a Summary Report of Findings, Phase I-IV, a ranking chart of the committee's nine top ranked sites, and the Stillwater Open Space Report by botanical consultant Kathryn Malady. Mr. Mohan reported a citizen survey being conducted by Decision Resources should be completed in December (Phase V of the study). He also requested a workshop with the Council after Phase V is completed in mid-January. '" 1 Stillwater City Council Minutes a Regular Meeting . November 21, 1995 3. Eagle Ridge Trail Neighborhood Traffic/Safety Concerns - Amy Hooley. Amy Hooley presented concerns of the neighborhood and reviewed brochures, petitions, and recommendations developed by Eagle Ridge trail neighborhood task team. Kathy King, Wildwood Court, requested Council take innovative approaches to solving traffic problems. She stated she is pleased with response from Council and opportunity for neighbors to work with the traffic engineers to formulate solutions. Dawn Solheid expressed the need for immediate action. Mary Lach, 930 Eagle Ridge Place, requested Council consider the future growth of the area when developing solutions. Pat Zanko, 540 Eagle Ridge Trail, related accidents she has observed. Motion by Councilmember Thole, seconded by Councilmember Zoller to direct staff to conduct a workshop with representatives of the Eagle Ridge Trail neighborhood to discuss traffic concerns and develop solutions. All in favor. e (Council recessed at 8:15 p.m. and reconvened at 8:30 p.m.) CONSENT AGENDA Councilmember Bealka requested that Item 6 (Climb Theatre Gambling Premises Permit) be removed from the consent agenda. Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the consent agenda of November 21, 1995, including the following: (All in favor) 1. Resolution 95-258, Directing Payment of Bills. 2. Resolution 95-259, Approving permanent employment of Anthony Spencer as Parking Enforcement Officer. 3. Release of Funds: Stillwater Public Library Capital Budget - Part 2. 4. Resolution 95-260 - Approving final payment and accepting work - West Star Curb & Concrete, L.I. 274, 1993 Sidewalk Repairs. 5. Permission for SEH to perform architectural/engineering services for Gerrard Realty. 6. Reftcwal of Gam-bliftg Premises Permits: 81. Cre>ix Yalky Hoekey Asgodl:ttioft. 7. Resolution 95-261, Renewal of Gambling Premises Permits: St. Croix Valley Hockey e 2 e Stillwater City Council Minutes Regular Meeting November 21, 1995 Association - Madcapper Saloon & Eatery; Resolution 95-262, Renewal of Gambling Premises Permit: St. Croix Valley Hockey Association - Brines Restaurant & Bar; Resolution 95-263, Renewal of Gambling Premises Permit: St. Croix Valley Hockey Association - Cat Ballou's. 8. Submit claim against the City to insurance carrier. Councilmember Cummings requested reports from the parking enforcement officer. Karen Wirkus, gambling manager of Climb Theatre, described presentations in area schools and the need for funds. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving renewal of the Gambling Premises Permit: Climb Theatre - Harbor Bar. (Resolution 95-264) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None e UNFINISHED BUSINESS 1. Recommendation regarding Comprehensive Plan hearing date. Ed Otis, Stillwater Township resident, requested sufficient time for the public to study the completed plan before a public hearing is held. Joe Neitz, Stillwater Township, requested more information be provided on costs. Glenn Thompson, 1919 W. Oak Street, requested the hearing be held in a larger facility. Motion by Councilmember Cummings, seconded by Councilmember Thole to schedule a Comprehensive Plan Public Hearing for Tuesday, December 12 at 7:00 p.m. All in favor. Council directed staff to investigate location options and return with a recommendation on November 29. 2. Extension of service contract - Legislative Associates. City Coordinator Kriesel and Ed Cain, Legislative Associates, Inc., explained the ongoing effort to obtain authorization and appropriations for federal and state funds for the levee wall and new Armory. I e 3 , Stillwater City Council Minutes Regular Meeting November 21, 1995 e Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution approving the extension of the Legislative Consultant Agreement with Ed Cain, Legislative Associates, Inc. for the period December 1, 1995 - December 31, 1996. (Resolution 95~265) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Update: Pioneer Park Master Plan. City Planner Sue Fitzgerald presented the Pioneer Park Master Plan. 4. Request for consultant assistance for preparation of subdivision updates. Motion by Councilmember Thole, seconded by CounciImember Zoller to approve the hiring of Short Elliott Hendrickson for consultant services for preparation of subdivision updates, at estimated cost not to exceed $5,500. All in favor. NEW BUSINESS e 1. Authorizini direct pay letter of credit for Industrial Development Bonds of 1994 (SUPERV ALU). Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt the appropriate resolution authorizing direct pay letter of credit for Industrial Development Bonds of 1994 (SUPERV ALU). (Resolution 95-266) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. River Valley Arts Council - Request for financial support. Motion by Councilmember Thole, seconded by Councilmember Bealka to direct staff to prepare a report on public purpose and availability of funds in the 1996/97 budgets. All in favor. 3. Request for City of Stillwater to act as fiscal aient for BCWMO Flood Reduction Grant Pro~ram. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate e 4 .. e Stillwater City Council Minutes Regular Meeting November 21, 1995 resolution approving the request for the City of Stillwater to act as fiscal agent for the BCWMO Flood Reduction grant program. (Resolution 95-267) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Assessment Abatement - Lot 1. Block 1. Deer:path Addition. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution canceling assessment, establishing a hook-up charge and requesting County abate assessments spread by the County in 1994 and payable in 1995, with interest rate of 10 percent added to hookup charge each year. (Resolution 95-268) Ayes - Councilmembers Bealka, Curllmings, Thole, Zoller and Mayor Kimble Nays - None COMMUNICA TIONSIREQUESTS e 1. Stillwater Township Board - Comprehensive Plan. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct Mayor Kimble and Councilmember Zoller to meet with David Johnson and David Francis of the Town Board to discuss the Comprehensive Plan update. All in favor. COUNCIL REQUEST ITEMS Councilmember Thole requested information in answer to three calls received from residents regarding: the condemnation process on North 2nd Street house; request for cleanup of Main Street stairs; and the need for collection containers for plastic. STAFF REPORTS (Continued) 1. City Attorney - City Attorney Magnuson provided information related to requests made by Lonnie Kornovich, St. Croix Village Townhomes Project. He explained the park dedication fee was paid at the time of the platting of Feeley's Addition. He explained the request by Kornovich to install storm sewer in the boulevard of East Orleans Street from Curve Crest Boulevard to the project site to avoid tearing up right of way of Curve Crest e 5 ~ Stillwater City Council Minutes Regular Meeting November 21, 1995 e Boulevard. He also reported the Fire Chief had requested hard surface drive area be installed to accommodate fire truck access to hydrant. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution relating to the Kornovich project (St. Croix Village Townhomes): a) waiving the park dedication fee ; b) permit construction of storm sewer in right of way of Curve Crest Blvd.; and c) modify conditional use permit to allow construction of necessary hard surface drive area to accommodate fire truck access to hydrant. Ayes - Councilmember C~hole, Zoller and Mayor Kimble Nays - Councilmember B~a ~ \5 2. Public Works Director- Public Works Director Junker reported dredging is being done to remove sand from the Elm Street sewer. This work is not part of the levee wall project. 3. City Coordinator - Councilmember Zoller requested further fiscal analysis study relating to the Comprehensive Plan. City Coordinator Kriesel reported that Tautges, Redpath & Co., Ltd. estimated a cost of $2,500 - $4,000 for further analysis. e Motion by Councilmember Thole, seconded by Councilmember Cummings to direct Tautges, Redpath & Co., Ltd., to prepare additional fiscal impact analysis (draft) for December 5 meeting. All in favor. 4. City Attorney- Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the vacation of the easement on the VanDusartz property located at 1850 Oak Glen Drive. (Resolution 95-270) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 6 e e e e '" Stillwater City Council Minutes Regular Meeting November 21, 1995 ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn the meeting to executive session at 9:55 p.m. to discuss labor relations negotiations. All in favor. MAYOR ATTEST: CITY CLERK Resolutions: No. 95-258 - Directing payment of bills. No. 95-259 - Approving permanent employment of Anthony Spencer as Parking Enforcement Officer No. 95-260 - Approving final payment and accepting work - West Star Curb & Concrete, L.I. 274, 1993 Sidewalk Repairs No. 95-261 - Renewal of Gambling Premises Permits: St. Croix Valley Hockey Assoc.- Madcapper Saloon & Eatery No. 95-262 - Renewal of Gambling Premises Permits: St. Croix Valley Hockey Assoc. - Brines Restaurant & Bar No. 95-263 - Renewal of Gambling Premises Permits: St. Croix Valley Hockey Assoc. - Cat Ballou's No. 95-264 - Renewal of Gambling Premises Permits: Climb Theatre - Harbor Bar. No. 95-265 - Approving extension of Legislative Consultant Agreement with Ed Cain, Legislative Associates, Inc. No. 95-266 - Authorizing direct pay letter of credit for Industrial Development bonds of 1994 (SUPERV ALU) No. 95-267 - Approving request for City to act as fiscal agent for BCWMO Flood Reduction Grant Program No. 95-268 - Canceling assessments, establishing a hook-up charge, Lot 1, Block 1, Deerpath Addition No. 95-269 - Waiving park dedication fee imposed on Komovich Project, etc. No. 95-270 - Approving vacation of easement, VanDusartz property, 1850 Oak Glen Drive. 7 e e I. Special Meeting STILL WATER CITY COUNCIL MINUTES November 29, 1995 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 Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Library Director Lynne Bertalmio; Library Board Member Peggy Doeksen PUBLIC HEARING 1. This is the day and time for the Truth in Taxation public hearing. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995. Finance Director Deblon presented 1996 Budget information. Mayor Kimble opened the hearing to the public. Bob Kimbrel, 724 West Oak Street, questioned the reason for reduction in expenditures for Lily Lake. Dick Herbert, 201 North Greeley Street, asked if a less expensive alternative was available for the expansion of city hall. He also requested information on the funding of the proposed ice arena/community facilities building. Councilmember Cummings reported funding would be primarily from grants and donations. Bob Waedeken, 1883 Swenson Street, expressed concern over the increase in property taxes. He requested budget reports be in actual dollar amounts rather than percentages. He stated he would not be opposed to increases if major issues such as remodeling of city hall and annexation be passed by referendum. Turk Loer, 1114 North William Street, requested clarification of purposes of storm sewer fund. Stillwater City Council Minutes Special Meeting November 29, 1995 e Scott Henry, 1190 Walnut Creek Drive, asked how many years the new city hall expansion would meet the needs of the city. He stated a 25 year life expectancy was similar to that of other cities of this size. He also expressed approval of the higher percentage of funds being designated to public safety departments. Joanne Helm, 1358 Benson Boulevard, presented comments on the need for equitable distribution relating to TIF districts and fiscal disparities. (Council recessed at 8:15 p.m. and reconvened at 8:45 p.m.) Mayor Kimble closed the public hearing. Mayor Kimble announced the final budget and tax levy would be adopted at the City Council meeting December 5, 1995 at 7:00 p.m. OTHER BUSINESS 1. Request to establish payroll deduction for employee dental plan. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution establishing payroll deduction for employee participation in the Delta Dental Plan. (Resolution 95-271) e Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Proposals for audio visual consulting services for city hall building project. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving the contract with Audiovisual Systems, Inc., for audiovisual consultant services for the city hall building project. (Resolution 95-272) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2 e e e e 't Stillwater City Council Minutes Special Meeting November 29, 1995 3. Comprehensive Plan Public Hearin~. City Coordinator Kriesel reported that the Comprehensive Plan Public Hearing on December 12 will be held at City Hall. The School District and Washington County had no space available. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 9:00 p.m. All in favor. MAYOR ATTEST: CITY CLERK Resolutions: No. 95-271 - Establishing payroll deduction for employee participation in Delta Dental Plan No. 95-272 - Approving contract with Audiovisual Systems, Inc., for audiovisual consultant services for city hall building project 3 e E. W. (Bill) Fierke, Jr. 724 So. Owens St. Stillwater, Minn. 55082 612-439-2396 City Council 216 No. Fourth St. Stillwater, MN 55082 November 28, 1995 Gentlemen: e I am on the agenda for your December 5, 1995 meeting. The subject will be the future of Lily Lake. I have lived on the lake for 35 years and have watched it go from being a clear, spring-fed lake to what might now be called a dirty storm sewerage holding pond. The biggest loss is not to the few property owners on the lake, but to the citizens of Stillwater at large. Property owners still have a nice view and the privacy that a body of water allows. The enjoyment of the use of the water by the public, however, is about gone. This lake was once an almost priceless resource, and with a large amount of city property on it, available to everyone. Your and my grandchildren should have every right to expect that our stewardship would allow this lake to provide enjoyment for them. I would hate to think that I sat by and sawall this happen without even making an effort to correct it. I think that those of us who know what this lake was, and maybe could be again, should try to do something about it, and I would like to be of help in such an effort. I am enclose a copy of a study done on the lake a few years ago. It documents the storm water pollution and recommends such techniques as the use of stormwater treatment areas, but does not say where or how that should be done. Other ideas that have been advanced: Diverting the very dirty water that comes in the first part of rainfalls. Using bladders to filter the first part of rainfalls. Sending some of the enormous volume of storm sewer water that now comes into the lake toward a different drainage area. Using extensive aeration to reverse the oxygen depletion caused by the pollution. There are probably a number of other things that people experienced in this sort of thing would know about. What I think the City should do now is engage someone to sort out all the ideas and tell us specifically what could and should be done. Sincerely, ~ ;Z-J..~ Bill Fierke e I attach as page 2 a little of what I have learned about the history of the lake's problems. Page 2 Some history November 28, 1995 Bill FierkejCity Council When the water quality of the lake was at its best, the only supply of water came from underground springs and what little run-off there was ~ from the immediate surrounding area. The only trouble was that the ~ water would get quite low at times. During the drought of the 1930's I understand that a person could walk across the lake on a sand bar. The property on the west side wasn't really "lakeshore," being separated from open water by several hundred feet of swamp and muck. At first, in the 1960's, it was seen as a boon to the lake when a larger drainage area was created and storm sewers were run into the lake. The water level went higher and the water quality didn't change much. However, as more and more storm sewers were put into the lake, the water became dirtier and dirtier. A crowning blow to Lily Lake took place a few years ago when the drainage was redone and the storm sewer water out to highway 36 was sent to Lily Lake, a good deal of it being run into the brickyard pond and on to the lake. A friend who has lived here nearly 80 years tells me that Lily Lake at one time flowed into the brickyard pond which in turn drained into the river. That means that someone reversed the flow. I'm not a lawyer but I think that's illegal. I'm afraid that in the past there was not much concern given for Lily Lake when drainage areas were designed. It seemed much cheaper to just run storm water into the closest low area (Lily Lake) rather than pipe it somewhere where it wouldn't do anybody any harm. What might have seemed cheap may turn out to be the most costly thing that could have been done. I am hopeful that something can be done for Lily Lake and here's why: People in anti-pollution work explain that 80% to 90% of the bad stuff 4It in storm water comes in the first 10 minutes of a rain. This seems evident in Lily lake. When light rains occur with intervals of a week or so, the lake gets its dirtiest. The lake gets repeated doses of the first 10 minutes. However, when long single rains occur, Lily lake actually improves. I would think that this means Lily Lake is still capable of recovering if the pollution is stopped. 4It /-,.. e 1993 WATER QUALITY SUMMARY OF LILLY LAKE e A. INTRODUCTION The City of Stillwater began routine sampling of Lilly Lake in 1993. The purpose of this monitoring is to assess the current trophic status of the lake and to possibly continue a long term monitoring program which will enable the City to identify water quality trends associated with land use in Lilly Lake's watershed. Many citizens who live on and around Lilly Lake have expressed concern with the condition of the lake, citing excessive weed growth and reduced water clarity. The lake was sample'd during the months of June, July, and August. The field work was performed by the Washington Soil and Water Conservation District (SWCD) for the City. This ,report focuses ori the assessment of the lake water quality data collected by the Washington SWCD. The principal focus of this effort is to begin to identify recent water quality patterns of the lake and to help define reasonable water quality expectations. It is also important to define what can degrade lake water quality and what the City can do to protect this lake's resources. The degradation of lakes can be caused by many things, but inmost cases, it is caused by the excessive export of nutrients and sediment from the lakes watershed. This process of nutrient and sediment enrichment of waterbodies is called eutrophication. In an undisturbed watershed, Ie 1 eutrophication is a slow process that occurs over a period of many hundreds or thousands of years, during which time nutrients and sediments generated by the lake's watershed accumulate and "gradually fill in the lake. The rate of eutrophication is frequently accelerated if abundant nutrient and sediment sources are located in a 1 ake' s watershed. When these nutri ent sources owe thei r origins to man's activities, a new term, cultural eutrophication or enrichment, is used to describe the potentially rapid degradation that may take place. Human activities such as wastewater disposal, inadequate septic systems, construction activities, lawn fertilization, and improper agricultural practices can accelerate the eutrophication process. Eutrophic lakes can be characterized by a variety of water quality conditions, dependent upon their supply of nutrients. In many instances, eutrophic lakes may support excellent warm water fisheries. However, in advanced stages, the effects of lake eutrophication may cause serious resource degradation. These lakes may have algal blooms of such severi ty as to turn the water to "pea-soup" over the summer; reduce the potential for support of sport fisheries; and reduce riparian property values. Recreational activities in these lakes can also be severely reduced because of the aesthetically unpleasant conditions and foul odor associated with the algal blooms. In general, very 2 e e e e eutrophic (hypereutrophic) lakes have a variety of nuisance conditions that detract from the resource's value. To prevent these types of severe nuisance conditions, it is important to prevent the excessive import of nutrients and sediments to the lakes. It is also important to have sufficient monitoring activities to be able to detect lake water quality degradation, so that corrective actions can be undertaken. e B. RESULTS AND DISCUSSION Water quality data was collected on three occasions during the summer of 1993 by the Washington Soil and Water Conservation District. Integrated surface samples were collected with a column sampler. Samples were analyzed by Interpol 1 Laboratory for total phosphorus, chlorophyll-a, nitrate and nitrite nitrogen, total Kjeldahl nitrogen, and pH. Water clarity, temperature, and dissolved oxygen (DO) content were measured in the field at the time of sampling. A complete listing of the data is contained in Tables 1 and 2. Measurements obtai ned over the summer are averaged to assess lake dynamics and for comparison to similar lakes in this region. Typical ranges of values for lakes in this ecoregion are also shown at the bottom of Table 1. e 1. TRANSPARENCY The measurement of depth of light penetration using a Secchi disk gives a simple index of water transparency, or clarity. 3 -- It is also a measure of turbidity in the water, as well as an indication of the trophic state of the lake. A reduction in water transparency is usually the result of turbidity composed of suspended sediments, organic matter and phytoplankton. The average water transparency in Lilly Lake, as measured by Secchi disk during the study period, was 7.3 ft. (Table 1). This value is within the typical range for lakes in this ecoregion. Typical ranges are shown at the bottom of Table 1. The August reading of 3.0 feet was the only relatively poor reading during the summe~ of 1993. e 2. PHOSPHORUS Phosphorus is a major nutrient involved in eutrophication and is generally associated with the growth of aquatic weeds and algae blooms. Common sources of phosphorus include runoff from urban areas, lakeshore lawns, and improperly operating sewage disposal systems. All three samples had relatively low total phosphorus (Total-P) concentrations, with no values exceeding the range of values expected for lakes in this ecoregion. (See Table 1 ) . 3. CHLOROPHYLL-A Chlorophyll~A is a photosynthetic component found in algae and aquatic plants. It is also an indication of algal productivity. Chlor-A readings were very low in Lilly Lake, -- 4 e with the exception of the 08/25/93 value (Table 1). so, the average figure of 23 ug/l is still very within the typical range for lakes in this area. Even nearly e 4. NITROGEN Several forms of nitrogen are responsible for health problems and increase the rate of lake eutrophication. Total nitrogen (TN) concentrations, which consist of total Kjeldahl nitrogen (TOT KJN) plus nitrate-nitrite nitrogen (N-N02+N03), averaged .88 mg/l in Lilly Lake. This is on the low end of the range of values for lakes in our ecoregion. 5. pH The pH is an important factor of fresh water systems. It is a measure of alkalinity or acidity. Many biological and chemical processes are affected by pH levels. Waters supporting healthy aquatic life should be within a pH range of 6.5 to 9.0. Lilly Lake was within this range during the monitoring period. e 6. Dissolved Oxygen Di sso 1 ved oxygen (DO) and temperature were measured at the time of samp 1 i ng on a 11 th ree samp 1 i ng dates. DO and temperature values, at each meter of depth, are shown in Table 2. These values show temperature and DO decreasing 5 e with depth. This is typical in all lakes, which are deep enough, once their surface waters start to warm. As warming occurs, lakes become stratified, forming three distinct layers. Lakes stratify because the density of water changes as its temperature changes. The upper layer, or epilimnion, is characterized by warmer (lighter or less dense) water. The epilimnion is roughly equivalent to the zone of light penetration, where the bulk of productivity or growth occurs. Below the epi 1 imnion is the thermocl ine, the zone where temperatures decl ine rapidly. The bottom layer is 'called the hYPolimnion. This is where the water is the coldest (heavy or more dense) and DO levels are their lowest. This is the zone of decomposition, where plant materials either decay or sink to the bottom of the lake and accumulate. The presence or absence of oxygen (DO) in these zones, or layers, determines where aquatic organisms such as fish and zooplankton are found. In the spring, when lakes are usually not stratified, oxygen is usually present at all depths. Thus fish and zooplankton may be spread out throughout all lake depths. During the summer months, when lakes become stratified, little or no oxygen is produced in the hypol imnion (bottom layer). As oxygen is consumed in this zone, due to decomposition of organic matter, levels typically become too low for fish and zooplankton, forcing them to occupy the upper layers where an adequate supply of e e 6 e oxygen is present. A minimum amount of dissolved oxygen required to maintain game fish populations is generally accepted to be between 4 and 5 mg/l. Typical dissolved oxygen content for lakes in this ecoregion range from 8 to 12 mg/l. C. TROPHIC STATE Many water quality scientists classify lakes according to their trophic state. Average summer values of total phosphorus, Chlorophyll-A, and transparency (measured with the Secchi disk) are most often used to determine a lake's trophic state. The Carlson Trophic State Index (TSI, e Carlson, 1977), as shown in Figure 1, illustrates the relationship between trophic status and water quality data. Very unproductive or oligotrophic lakes, such as lakes in the northeast part of Minnesota, have low phosphorus concentrations, low chlorophyll-A concentrations, and high Secchi disk transparencies. On the other end of the spectrum, very productive or hypereutrophic lakes have high phosphorus concentrations, high ch1orophy11-A concentra- tions, and low Secchi disk transparencies. Average values from Lilly Lake are plotted on the Trophic State Index (TSI) Chart to determine its trophic state, (Figure 1). Chlorophy11-A and total phosphorus are shown in i e I PPB (parts per bi 11 ion) on this chart, the conversion is 7 e 1 ppb=1 ug/1=.001 mg/1. Transparency is shown in meters, the conversion is 1 meter=3.28 feet. By extending a line straight up to the trophic state index scale from the total phosphorus, c10rophy11-A, and transparency values, your lakes trophic state can be determined. Lilly Lake's values on the trophic state index scale, for tota 1 phosphorus and transparency, are qui te good compared to many lakes in our region. The ch10rophyll-A value is a bit higher, putting it well into the eutrophic range. Of all the parameters measured last summer, the chlorophy1l- A reading for the 08/25/93samp 1 i ng showed the greatest increase from the prior months reading. I believe that this e is directly attributable to the rather warm and sunny period that we were experiencing at this time. The day we sampled, was about the warmest day of the enti re summer! The nitrogen and phosphorus levels did not show such a dramatic increase from the previous month's levels. The DO readings were depleted below a depth of two meters on 08/25/93 and this can be attributed to the increased algal productivity (high chlorophyll-A) at this time. Decomposition of dead algae tends to deplete oxygen levels in the water column. D. CONCLUSIONS AND RECOMMENDATIONS Monitoring should be continued if possible, for a minimum of three consecutive years. This will better enable the City to detect any water quality trends associated with land use activities in Lilly Lake's watershed. For this purpose, e 8 e e there should be a minimum of ten Secchi measurements over the summer time period (about mid-June through mid September) per year on Lilly Lake. In a similar fashion, there should be minimum of three integrated surface water measurements and an optimum of ten measurements of the lake for phosphorus, nitrogen, and chlorophyll-A. There should also be at least three summer measurements of PH, temperature, and dissolved oxygen. Based on the comments that I have received from various sources concerning the health of the lake, the water quality of Li lly Lake, from monitoring' results obtained for 1993, is not as degraded as I would have expected it to be. However, three samp 1 i ngs, coupled wi th the extreme 1 y cool, wet summer that we experienced in 1993, makes it very difficult to make any real accurate assessments about the condition of Lilly Lake. In this situation, it would be advisable to collect more data, and hopefully the summer weather this year will be closer to normal. With the exception of the 08/25/93 sampling, the water clarity and nutrient levels in Lilly Lake were very good. I fee 1 that the drop-off in qual i ty in August was di rect 1 y related to our heavy summer rains, and the warm, short sunny period that caused the heavy algal bloom. Best management practices should be employed in Lilly Lake's watershed area to help slow the eutrophication process. e 9 e These would include such techniques as the use of stormwater treatment areas, where possible, construction site erosion control, fertilizer management programs, and timely street cleaning. e e 10 e TABLE 1 LILLY LAKE DATA SUMMARY DATE SECCHI ft. TOTAL-P CHLOR-A N02+N03 Tot KJN TN mg/l ug/l mg/l mg/l mg/l pH ------------------------------------------------------------------------ 6/23/93 9.5 0.03 7 0.04 0.69 0.73 7.7 7/20/93 9.5 0.02 5 0.03 0.82 0.85 8.1 8/25/93 3.0 0.05 56 0.06 1.00 1. 06 7.7 Average 7.3 0.03 23 0.04 0.84 0.88 7.8 TYPICAL RANGES FOR ECOREGION 4.9-10.5 .025-.05 5-22 <.01 .6-1.2 .6-1.2 e tit e TABLE 2 LILLY LAKE DISSOLVED OXYGEN (DO) AND TEMPERATURE 6-23-93 7-20-93 8-25-93 meters Temp C DO mg/l Temp C DO mg/l Temp C DO mg/l ------ ---------------- ---------------- ---------------- 0 .23 8.7 25 8.4 27.5 10.8 1 23 8.7 25 8.5 27 10.5 2 20 8.0 25 8.6 24 7.0 3 19.5 7.7 23 4.2 23 1.0 4 19 6.5 20 3.8 21 0.8 5 16 7.0 16 5.0 17 0.8 6 10.5 6.5 12 4.8 12.5 0.8 7 8 2.7 9 1.3 9.5 0.8 8 6 0.6 7 1.0 8 0.8 9 5.5 0.5 5.5 0.7 6 0.8 10 5 0.25 5 0.5 5.5 0.6 11 4.5 0.2 5 0.5 5 0.5 12 4.5 0.1 5 0.5 5 0.4 13 4.5 0.1 4.5 '0.5 5 0.4 14 4.5 0.1 4.5 0.5 5 0.4 15 4.5 0.1 4.5 0.5 5 0.4 e 16 4.5 0.1 4.5 0.5 5 0.4 e e e e OLIGOTROPHIC MESOTROPHIC EUTROPHIC HYPEREUTROPHIC 20 25 30 35 40 TROPHIC STATE INDEX 15 10 8 7 6 5 4 3 2 1.5 0.5 0.3 TRANSPARENCY (METERS) 0.5 2 3 4 5 7 10 15 20 30 40 60 80 100 150 CHLOROPHYLL.A (PPB) 3 5 7 10 15 20 25 30 40 50 60 80 100 150 TOTAL PHOSPHORUS (PPB) Figure 1 Carlson's Trophic State Index - Lilly Lake ~ LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 95-275 A T & T A T & T Wireless A TEC Associates Bayport Printing House Blichfeldt Builders Brad Ragan Tire Cargill Salt City of Stillwater Area Chamber Clarey's Copy Cat Deblon, Diane Desch, Mark & Gloria Drummond Corporation Emergency Apparatus First Trust Fred's Tire Fuhr Trenching Glaser, Paul Goodin Company Government Finance Officers Assn Infratech Int'l Conference of Bldg Officials Kangaroo Storage Rental Lake Country Chapter Law Enforcement Targets Legislative Associates Mac Queen Equipment Midwest Machinery MN Dept of Transportation MN Office Enviromental Assistance MN Pollution Control Agency Polfus Implement Roettger Welding Rose Floral Schwaab Stamps S hiely Short-Elliot-Hendrickson St Croix Office Supplies St Croix Tree Service T A Schifsky U S Postal Service United Building Center Wal Mart Warning Lites Zee Medical Ziegler ~ MANUAL CHECKS-NOVEMBER 1995 Blue Cross/Blue Shield of MN Long Distance/Equipment Rental Mobile Phone Site Evaluation-Myrtle St Printing-Parking Tickets Refund-Grading Deposll Tires Salt Refund-Deposit Fire Extinguisher Service Copies Health Insurance Parking Maintenance/Lease Remover Truck Repair Paying Agent Fees Tire Repair Payment #1-LI 317 Boiler Engineer Pipe-Storm Sewer Subscription Renewal Repair Storm Sewer Membership Storage Rental Membership Targets Monthly Retainer Nozzle Repair Parts Man uals Conference- Fitzgerald Investigation/Cleanup Tractor Repair Repair Railing-Main St Flowers- Bealka Stamp Sand Engineering Services Office Supplies Chip Roots Asphalt Class Bulk Fee Drain Tile/Lumber Hardware Barricades Medical Supplies Repair Parts November Payment 42.21 106.36 2,410.00 2,250.14 3,000.00 1,050.16 884.34 100.00 214.30 131.41 354.31 742.30 329.88 1,143.08 326.13 8.07 12,988.21 200.00 241.07 40.00 14,350.00 195.00 176.00 40.00 291.17 500.00 84.70 76.24 35.00 25.00 324.00 83.68 60.00 46.10 26.10 709.83 37,320.47 182.09 63.90 165. 12 85.00 43.96 45.04 111.77 13.79 114.98 6,464.19 Golden, Michael Junker Sanitation Kriesel, Nile MN Dept of Natural Resources MN Sept of Revenue U S Postmaster ADDENDUM TO BILLS Ancom Communications BWBR Copy Cat Firstar Bank of Minneapolis Kimble, Jay Magnuson, David Minn Blue Multimatrix Northern States Power Russell, Stephen Short Elliot Hendrickson U S West Band November Payment Meals Permit Fee-Brick Pond Sales/Use Tax Postage-N ewsletter /Meter Monitor Pager Stillwater City Hall Phase II Color Copies Interest-Promisory Note Housing/Phone Calls Legal Services Laminated Zoning Map Indexing Software/Support Gas/Electric Mileage Engineering Services Telephone Adopted by the City Council this 5th day of December, 1995. APPROVED FOR PAYMENT TOT AL: 350.00 91,079.00 200.00 150.00 180.00 1,732.00 ~ 425.14 47,293.24 107.84 2,661.92 1,617.11 12,939.79 83.22 1,297.50 4,953.03 48.60 6,046.09 186.33 -------------- -------------- 259,545.91 -------------- -------------- ~ e e e " LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 95-275 A T & T A T & T Wireless ATEC Associates Bayport Printing House Blichfeldt Builders Brad Ragan Tire Cargill Salt City of Stillwater Area Chamber Clarey's Copy Cat Deblon, Diane Desch, Mark & Gloria Drummond Corporation Emergency Apparatus First Trust Fred's Tire Fuhr Trenching Glaser, Paul Goodin Company Government Finance Officers Assn Infratech Int'l Conference of Bldg Officials Kangaroo Storage Rental Lake Country Chapter Law Enforcement Targets Legislative Associates Mac Queen Equipment Midwest Machinery MN Dept of Transportation MN Office Enviromental Assistance MN Pollution Control Agency Polfus Implement Roettger Welding Rose Floral Schwaab Stamps S hiely S hort- Elliot- Hen d ric kson St Croix Office Supplies St Croix Tree Service T A Schifsky U S Postal Service United Building Center Wal Mart Warning Lites Zee Medical Ziegler Long Distance/Equipment Rental Mobile Phone Site Evaluation-Myrtle St Printing-Parking Tickets Refund-Grading Depostt Tires Salt Refund-Deposit Fire Extinguisher Service Copies Health Insurance Parking Maintenance/Lease Remover Truck Repair Paying Agent Fees Tire Repair Payment #l-LI 317 Boiler Engineer Pipe-Storm Sewer Subscription Renewal Repair Storm Sewer Membership Storage Rental Membership Targets Monthly Retainer Nozzle Repair Parts Man uals Conference- Fitzgerald In vestigation/Clean up Tractor Repair Repair Railing-Main st Flowers-Bealka Stamp Sand Engineering Services Office Supplies Chip Roots Asphalt Class Bulk Fee Drain Tile/Lumber Hardware Barricades Medical Supplies Repair Parts 42.21 106.36 2,410.00 2,250.14 3,000.00 1,050.16 884.34 100.00 214.30 131.41 354.31 742.30 329.88 1,143.08 326.13 8.07 12,988.21 200.00 241.07 40.00 14,350.00 195.00 176.00 40.00 291.17 500.00 84.70 76.24 35.00 25.00 324.00 83.68 60.00 46.10 26.10 709.83 37,320.47 182.09 63.90 165.12 85.00 43.96 45.04 111.77 13.79 114.98 e e e ~ November 14, 1995 Dear Morli Weldon, On behalf of St. Croix Catholic School, I would like to request permission from the City of Stillwater to hang the St. Croix Catholic School banner downtown again this January for Catholic Schools Week - January 28 through February 4,1996. It is my understanding that the city makes arrangements with the Dar and that SCCS will hire Hi- Tech to hang and take down the banner at the appropriate times. Please feel free to contact me with any questions and with your confirmation and other pertinent information. Thank you for your support of St. Croix Catholic School! Sincerely, SCCS Home & School Board ~~ Mrs. Pam Fioritto 12213 87th St. North Stillwater, MN 55082 351-0111 ~ r .;lit, - I='~. S, /1) ~ RESOLUTION NO. 95-274 APPROVING RENEWAL OF MINNESOTA PREMISES PERMIT FOR GAMBLING FOR STILLWATER AMERICAN LEGION POST 48 AT STILLWATER AMERICAN LEGION, 103 S. THIRD STREET WHEREAS, the Stillwater American Legion Post 48 has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit renewal application; and WHEREAS, representatives of the organization appeared before the City Council and demonstrated that the organization is collecting gambling monies for lawful purposes; NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the gambling license requested by the Stillwater American Legion Post 48 at the Stillwater American Legion, 103 S. Third Street, Stillwater, Minnesota. The Mayor and City Clerk are directed to sign the acknowledgement on the permit application, and are to attach a copy of this Resolution to the application to be submitted to the Department of Gaming. Adopted by the City Council for the City of Stillwater this 5th day of December, 1995. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk .. e e e r:~i~f1}j~\~i111~t~ir~i ~orthwest STATE OP GAMBLING CONTROL BOARD '" PREMISES PERMIT RENEWAL APPLICATION,' LG214PPR PRINTED:oa/11/95 .,', . ",' :/If', ,';:. . ,., ~ ,., .... '.~ '!.i~ . IFOR BOARD USE"om,yl ',\AMTPAID'" " I I CHECK NO. I I DATE I LI SE NUMBER: A-00903-002 EFFECTIVE DATE: 02/01/94 EXPIRATION DATE: 01/31/96 NAME OF ORGANIZATION: American Legion Post 48 Stillwater I:if , - ~.. ~... .' .\, I .~. ~ .... ,: ~ '0:. {; -j , ! . -. - '. ~. - _,I : ~ - :;~ '. NAME OF ESTABLISHMENT Am Legio~ Post 48 103 S'3rd Stillwater COUNTY Washington ", -;. :~-:. ~.. ".; ~. . IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y . ~ ,)';!-.. {;," :~~;:; ': :~~ .. ~' --. /", "::,-,~'-' . ,:. ,; -; :'~'" -' ~, ..: ,.' '. ',.,'_:;. ~:,' ':~ l:~,,:~._~;~;::,.::\.;\.:~;'_'~~."~'>~.::-:~.-..; (r ~.,.e....-. .' ... :,1 H ,,~..__ ., "'.- .. :';:':":: -;. ~'." " .: .1'. ~ ',' . -or.. \....:' .'. . .'" .,:., '~r .;f' _ - ",: " t Firstar '... .,','-- ,:.,~ \- Box 198 Stillwater MN 55082 GAMBLING BANK ACCOUNT NUMBER: 5125677 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. I 1?:Hvcd €~ !.:.. [V1::~!\\(: e.-, 0- 0 I1t\ L li Yi D (tV\ 0 t\Q 1\ e V- q\l ~\ Y\<: \ rec ''f(} i \ S'h 1\ L00~e( (J1 N ,<')50 cg d- / '. . . Je.ff (~, I nO lul1' '?n<;+ CO}.'\,\f\'\CH1fIc;r Ic.eo) C:x Pc. u+j v'::" o L DC \i e.. lU.. } --5 {; it U)(( fe:r rn N - 5 0 '6 i ./ r/'- '~ () I._L( I '-<- (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) rHIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST .>",~;<~,~ ".' . . ~,-. -~ ~;. -~, ~.:,~,'.:-",,; . ... > .~. " :., ,:.. :',.~~~~;-:. .";~,.,-~..:. "" .. ',,-,' . "J '... f," 'f":/:";';>' ',' "....., <, <;(~;:'t;til~I~~~~4;; ):~~ .<1~6k~t~ iC; GAMBLING PREMISES-AUTHORIZATION , ,,\.,ir,}',r.,)t;>:<'y" '.': ~ I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. -- BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT illiENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARETHAT,::/.i:f::;.,~ " ' I HAVE READ'THISAPPLICATION AND ALL INFORMATION ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; r' ASSUME FULL 'RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE ,CONDUCTED ; ," ,: . ' ,., . .1 WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA ~OVERNING LAWFUL GAMBLING AND RULES "OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED, A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES,' INCLUDING AMENDMENTS TO THEM; _ . ANY, CHANGE.=SI~ ',APPLIqATION.INFORMATIO.N WILL ,BE SUBMITTED TO THE GAMBLINGCONoI'ROL, BOARD AND . ....- '... '. ... '. -,--.' -- ,.'. . ..'- -' ". ','" .' ........ . - -.' . LOCAL. ,UNIT "OF:GO~RNMI!:J:::IT,WITHIN TEN DAYSOF<rriECHANGE; '. ' , '0"", ,,' , . - I,UNJjERSJAND.,~TlfAIL~E,TO.PIWVIDE ,REQU~R,ED..INFORMA'l'IONOllPROVIDINGFALSE,oR MISLEADING :' :1 , I~~8~i~:pi~;,t~t;;~",,~i;[L,>:i;i~~~)';f:~~.p~~,IfI"8R:,;~~g$ftj~;?~.!!90'~~'f!?~;~:~~~~~,S~:S, P~~t~,,]\.::;;i;~~:.,;~j".<'(~~;~~:~,~fi/,i,i,:~,' ".'~l ,..... ~'...;,~, :';~~f:~~~i(~€!'~~t~:~~ii~~~~Fi~s~.j:~'.~i.:]";~~ '...) '. 'V7- ~S <.._"..,.,,,,,.,, . ~~i~~~~~:p~~idI;:~~;~~:;~~~~;~~~~~!i;~~~;'i~ES Is"::;,'~.:,:,.,~r,:,~,~,~.'~,~~~,.,~,~~;e'~,'~'9_~t :. ~~~~TS. .:,:':'~.~~~;,(,:.;:,~~ :;:I~;~; .:: :~ :.:;' :.:'-:..:-,,, ,"'" ,\. . {:~,:",,::>,,---,.,,'- ":\.~;.,,,^:: ~ . ~~}, Co. ." ~ -. ("A;.. . t' -; ;":". : ;"__ '~ ,...X;>:'<:.. . ',; THE. COUNT'X*",*,.ANp .~O~SHIP*,* MUST SIGN ..TH+~" ~PLI<:ATION IF THE' "C;AMBLINGPREMISES.' IS:,:,:"';:',;>,'of ~ik~~li~I~I~~~~f~1~.Im~~~*~~~~~,~1~1f~1&:;I~~~~~1 4 . ':;,~~THE: LO(:AL 1UNIT:, (>Fj,GpVERNMENT },{ CITY,~ORCOUNTY); .f1US'l' ".PASS )i. "RESOLUTION ; S PECn:lcALLY :~i/j~~., ':;cL...j; ',{ ,~0;'(Ai#~9y~~~~;,9:(:D~~.I~~1:Tiiis'.AP~'LIs~t.io~.:';::J~if11~i7~R;r~~~.,:W;f:~;~\~~{?f~i{!;",J.{'{:-"(",:'.:.';;.",~~;:\}'-'}i'~~f';3tf\::9.~;~Xjt:1';:Wtft~{f;,~ti:~i1:I;h~ 5.' 'A '''COPY ~bF'TlIE 'l,OCAI; UNIT' OF GOVERNMENT'S RESOLuTICM APPROVING THIS APPLICATION "MuST BE ' ',' ,.,," .; . ATTACHED TO THIS APPLICATION "',.\"~~pr;V:j " ,'j';AI~ IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT' OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: 3Y SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A ?REMISES PERMIT WITHIN TOWNSHIP LIMITS. I CITY* OR COUNTY** .SUBMITTED:r'O THE GAMBLINGqONTROL'BOARD; :.::-' : ':f :> TOWNSHIP** ~ NAME ~a1Zfl_ ) SIGNATURE OF PERSON RECEIVING APPLICATION llJd: LL1~ ~ DATE RECEIVED TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION TITLE DATE RECEIVED 11 e REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 e e e ~ CITY OF STILLWATER MEMO TO: Mayor and Council FROM: Klayton Eckles, City Engineer ;{}:\..-/ DATE: December 1, 1995 SUBJECT: Purchase of new gas monitoring device DISCUSSION Attached is a quotation from Viking Safety Products for the purchase of a new gas monitor to be used by the sewer department. The existing monitor is obsolete and needs to be replaced immediately. Viking Safety Products has supplied the Public Works and Streets Department with much of its safety equipment and will provide training for all personnel for the use of this new testing device. The total price of this unit, including a trade-in allowance and tax would be $1,880.00. This item can be charged to our lift station repair fund. RECOMMENDATION I recommend council authorize staff to purchase a new gas monitor from Viking Safety Products for $1,880.00. NOV 30 '95 13:56 FROM VIKING INDUSTRIAL PAGE.001 ~ \- FROM e * INQUIRY NO. SAFITY EQUIPMENT FIRST "'D & HEAl. TH SU"l'1..IU 710 RAYMOND AVE. ST. PAUL, MN 55114 PHONE (612) 64Ma74 WATS ICJOo328.6&OS FAX (812) ....7MG STILLWATER MAINTENANCE DEPT. 216 NORTH 5TH ST. STILLWATER, MN 55082 ATTN: DAVE JUNKER FAX: 439-0456 CPA 'fRAlNtffQ o\IOS IALQ. RlNTALI . RIP"'III DATE 11-30-95 TERMS NET 30 DAYS TO OalVERY 10 DAYS ARO PRICES QUOTeD ARE F.O.B.: GREG WINTER WilL " DEL-IVER AND TRAI N ALL . ESSENTIAL PERSONN'EL 1 EACH V8Dl-MAX-4AP MICRO MAX FOUR GAS ~ ,;' r MONITO'R fOR OXYGEN, COMBUSTIBLE GAS, CARBON M.ONOXIDE & HYDROGEN SULFI DE l~AS e LESS 'tRA"DE-IN ALLOWANCE FOR (1) PGM 20 -$189.50 1 EACH V8D1-TEST 1A ALARM CHECK' KIT $60.00/E PRICES ARE FIRM FOR A PE,RIOD OF 30 DAYS. ei ';~~c4.~~l1:~i~fi,;j~i,f#f:,:M'~'" . e e e . CITY OF STILLWATER MEMO TO: Mayor and City Council FROM: Klayton Eckles, City Engineer I( C DATE: December 1, 1995 SUBJECT: Repairs to Nelson Street Lift Station DISCUSSION The Nelson Street Lift Station pumps the majority of the sewage flows from the City of Stillwater out of the downtown area. There are three pump units in this lift station, one of which needs immediate attention. Staffhas obtained two quotes. Northwestern Power Equipment Company has indicated they will supply a new pump installed for approximately $8,500. Braun Pump and Controls has given us a quote of$5,212.41 for a complete overhaul of the existing pump. Most companies in the business of pumps prefer to simply replace old pumps, typcially the cost savings between over hauling and complete pump replacement is not significant, however, in this case it is approximately 50% more for a new pump, therefore, I recommend we consider this option. The annual budget for lift station repairs was budgeted at $60,000 and approximately $15,000 remains in this fund. RECOMMENDATION I recommend the City Council authorize staff to contract with Braun Pump and Controls for the repair of the Nelson Street Lift Station for an amount not to exceed $5212.41. BRAUN PUMP & CONTROLS e september 15, 1995 Tim Moore City of Stillwater 216 N 4th St. Stillwater, MN 55082 ,Dear Tim, Here is the pr1c1ng on the repair of your Fairbank Morse Pump at the Main Lift Station. 1 1 1 1 Chesterton Mechanical Seal 2 1/2" Trust Bearing Radial Bearing Shaft Sleeve Machine Shop Tax Labor 2 Men Milage 746.05 94.77 78.47 375.00 1,200.00 84.12 2,400.00 234.00 e Total $5,212.41 Note: Keep in mind that the machining charges are for the wo~st case scenario, they could very well be $600.00 instead of $1,200.00. If you have any questions, please feel free to call me. Sincerely, --at~&~ Dave Braun /tm e 520 Sixth Street NW · New Prague, Minnesota 56071 612-758-6600 · Fax 612-758-5679 . Northwestern Power Squipment Company, 9nc. Mailing Address P.O. BOX 4008 ST. PAUL. MN 55104 June 30, 1995 Mr. Tim Moore City of Stillwater c/o City Hall 216 North 4th Street Stillwater, MN 55082-4898 Subject: Nelson Street Lift Station Thank you for the opportunity to review your pumping needs. These pumps have obviously served you well over the last several decades. You will need to decide whether to repair or replace. Fortunately, the present Fairbanks models have identical volute dimensions so a drop in is possible with no major piping changes necessary. ~ The new pumps would have the latest bearing design designed for 100,000 hour B10 life. The impeller adjustment has also been simplified from the cumbersome shins to jacking bolts. This is a major concern when pumping gritty and sandy wastewater. I have also added an option for stainless steel wear rings. Your price for basic pump, less base, elbow, and motor is $6,865.00. Add $818.00 for the stainless steel wear rings and $255.00 for freight. This price does not include any sales and/or use taxes. The present pump is probably not operating at original capacity and should be thoroughly inspected before making a decision. We have observed that the lower bearing is turning in the bearing housing so it would require a major overhaul. The old impeller can be measured by opening in suction elbow, as we discussed. Let me know what you decide. Yours very truly, NORTHWESTERN POWER EQUIPMENT CO., INC. e Terry Estenso TE/lcg , '" OUR {50th}, YEAR \ / ,,~.AA.,.~ , e - Contractor's Licenses City Council Approval December 5, 1995 Nova Frost Inc Excavator 1510 Fifth Avenue Newport, MN 55055 New Kornovich Development Company Inc General Contractor 4400 121st Ave Clear Lake MN 55319 New I ~ I e e e " MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: November 30, 1995 RE: CONSIDERATION OF DEMOLITION ORDINANCE The demolition ordinance has previously been approved at a first reading by the City Council. The ordinance before the council for a second reading has been reviewed by the city's Heritage Preservation Commission, the City Attorney and Planning staff. Briefly, the ordinance requires that buildings 50 years or older undergo special review by the Community Development Department and Heritage Preservation Commission. If the structure is potentially historically significant. the HPC shall hold a public hearing on the demolition permit request and approve or disapprove the request based on the information submitted and the public hearing results. This ordinance will provide a community safeguard to help preserve historic resources. Recommendation: Approval for second reading. Enclosure - Demolition Ordinance ORDINANCE NO. AN ORDINANCE REGULATING BUILDING DEMOLITION THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Subd. 1. Purpose. This Ordinance is adopted for the purpose of protecting the historic and aesthetic qualities of the City by preserving, rehabilitating or restoring, when reasonable, buildings or strUctures which constimte or reflect distinctive features of the architectural or historical resour~es of the City, thereby promoting the public welfare and preserving the culmral heritae of the City. Subd. 2. Dennitions. a. Historically Siw:nificant Building or Stroctur..c.. mea~: "any building or structure or portion of a building or strocture on the National ~i toric Register, a designated local landmark or a contributing structure or building in.a esignated national register historic district. fI b. 'ficance means: "a building or structure ears of age or older. n Non-Historic StructUre or Building.. means: "a structure or building less than fifty (SO) years old or a noncontributing strUcture: a nationally or locally designated historic district." " ~ Commission. Heritage Preservation IonunIssion. / Subd. 3. Permits Required, No bUildin~r structure may be demolished without obtaining a demolition permit. An application for a demoliti9h permit J11ust be filed with the city Building Official. / i Subd. 4. Procedure, The Building ,Official must forward a copy of each demolition permit application to the COmmunity Development Ditector for determination of historic significance or potential significance. The Community Development/Director must make the following determination: C. d. j a. building or structUre is hiStorically significant or potentially historically significant; or b. the building or structu~ie is not historically or potentially historic. If buildings or structures are dete~ined by the Community Development Director to be historic or potentially historic, the application ;Inust be sent to the commission for review according to Subd. 5. Demolition Plan Review. Buildings/or strucmres determined non-historic must be referred to the Building Official for issuance of a demolitidn permit. , 1 l0'c1 It>9~6~t>~l9 38I~~O M~I NosnN~~W , . I I: e e e ~ e e e ~ MAGNUSON LAW OFFICE 6124395641 P.02 Subd. 5. Demolition Plan Review. a. Not less than thirty (30) days after the Community Development Director determines that a building or structure is historically significant, the applicant for the permit must submit to the Commission fifteen (15) copies of a demolition plan which must include the followinK information: b. 1. A map showing the location of the buildinK or structure to be demolished on its property and with reference to neighboring prope ies; 2. A legal description of property and owner of r ord; 3. Photographs of all building elevations: 4. A description of the building or structure portion of building or structure to be demolished; 5. The reason for the proposed demolition d data supporting the reason, including where applicable, data sufficient to establish any economic justification for demolition; 6. Proposed plans and schedule for euse of the property on which the building or structure to be demolished is I too; 7. Relation of demolition and e site use to the comprehensive plan and zoning requirements; 8. A description of alternati es to the demolition; and 9. Evidence that the build' or structure has been advertised for sale for restoration or reuse and that sale or restoration or reuse is not economically feasible. The Commission must ho a public hearing according to Chapter 31 Subdivision 29(a) on the pending applicati n. After the public hearing and a revie of the application information and if the Commission determines that the owner has made a reasona e effort to sell or preserve the structure and after finding that there is no available feasible alternati to demolition, the commission must notify the Building Official in writing that a demolition per . may be issued. If a finding is made that the building or structure is historically significant and th e is a feasible alternative to demolition, the permit must be denied. Subd. 6. Emerg cy Demolition. If a historically significant or other significant building or structure poses an inun ate threat to health or safety due to its deteriorated condition, the owner of the building or structure m y request issuance of an emergenc.y demolition permit. If the Commission finds that the condition of e building or structuJ:'e poses a serious and imminent threat to public health and safety and that there no reasonable alternative to the immediate demolition. the Commission may direct the Building Offic' to issue an emergency demolition permit. Sllbd. . Injunction. In addition to any other relief provided by this Ordinance, the City Attorney may apply to a Court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Ordinance. This application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. 2 MAGNUSON LAW OFFICE 6124395641 P.03 ,} ~ Subd. 8. Penalty. Any person, firm or corporation violating any provision of this Ordinance shall be guilty of a nuisance and a separate offense shall be deemed committed on each day during on It which a violation occurs or continues. Adopted by the City Council of the City of Stillwater this day of .1995. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk e e 3 ORDINANCE NO. ,ft) " l-/1i'l." I" J/'-'~i","'l~l'" , ,. ;'~~'/r'; ,,~ '. <"'\ " .. lOll Ul' "', ~. / ~J"./ I.;~ "l/,,~ ,I) V 01//: ... e AN ORDINANCE REGULATING BUILDING DEMOLITION THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Subd. 1. Purpose. This Ordinance is adopted for the purpose of protecting the historic and aesthetic qualities of the City by preserving, rehabilitating or restoring, when reasonable, buildings or structures which constitute or reflect distinctive features of the architectural or historical resources of the City, thereby promoting the public welfare and preserving the cultural heritage of the City. Subd. 2. Definitions. , , a. Historically Significant Building or Structure. means: "any building or structure or portion of a building or structure on the National Historic Register, a designated local landmark or a contributing structure or building in a designated national register historic district. " b. Buildings or Structures of Potential Historic Significance. means: "a building or structure or portion of a building or structure fifty (50) years of age or older." c. Non-Historic Structure or Buildinl!. means: "a structure or building less than fifty (50) years old or a noncontributing structure in a nationally or locally designated historic district. " d. Commission. Heritage Preservation Commission. Subd. 3. Permits Required. No building or structure may be demolished without obtaining a demolition permit. An application for a demolition permit must be filed with the city Building Official. Subd. 4. Procedure. The Building Official must forward a copy of each demolition permit application to the Community Development Director for determination of historic significance or potential significance. The Community Development Director must make the following determination: a. building or structure is historically significant or potentially historically significant; or b. the building or structure is not historically or potentially historic. If buildings or structures are determined by the Community Development Director to be historic or potentially historic, the application must be sent to the commission for review according to Subd. 5. Demolition Plan Review. Buildings or structures determined non-historic must be referred to the Building Official for issuance of a demolition permit. ,e Subd.5. Demolition Plan Review. a. Not less than thirty (30) days after the Community Development Director determines that a building or structure is historically significant, the applicant for the permit must submit to the Commission fifteen (15) copies of a demolition plan which must include the following information: 1. A map showing the location of the.building or structure to be demolished on its property and with reference to neighboring properties; 2. A legal description of property and owner of record; 3. Photographs of all building elevations; 4. A description of the building or structure or portion of building or structure to be demolished; 5. The reason for the proposed demolition and data supporting the reason, including where applicable, data sufficient to establish any economic justification for demolition; 6. Proposed plans and schedule for reuse of the property on which the building or structure to be demolished is located; 7. Relation of demolition and future site use to the comprehensive plan and zoning requirements; 8. A description of alternatives to the demolition; and 9. Evidence that the building or structure has been advertised for sale for restoration or reuse and that sale for restoration or reuse is not economically feasible. b. The Commission must hold a public hearing according to Chapter 31 Subdivision 29(a) on the pending application. After the public hearing and a review of the application information and if the Commission determines that the owner has made a reasonable effort to sell or preserve the structure and after finding that there is no available feasible alternative to demolition, the commission must notify the Building Official in writing that a demolition permit may be issued. If a finding is made that the building or structure is historically significant and there is a feasible alternative to demolition, the permit must be denied. Subd. 6. Emergency Demolition. If a historically significant or other significant building or structure poses an immediate threat to health or safety due to its deteriorated condition, the owner of the building or structure may request issuance of an emergency demolition permit. If the Commission finds that the condition of the building or structure poses a serious and imminent threat to public health and safety and that there is no reasonable alternative to the immediate demolition, the Commission may direct the Building Official to issue an emergency demolition permit. Subd. 7. Injunction. In addition to any other relief provided by this Ordinance, the City Attorney may apply to a Court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Ordinance. This application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. 2 - e e e ~e .. l Subd. 8. Penalty f\ny person, firm or corporation violating any provision of this Ordinance shall be guilty of a~and a separate offense shall be deemed committed on each day during on which a violation occurs or continues. Adopted by the City Council of the City of Stillwater this day of ,1995. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk 3 .~ MEMORANDUM e TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: November 30, 1995 RE: ORDINANCE REGULATING DOGS AND OTHER ANIMALS Last May, the City Council approved a revised Kennel License Ordinance (attached). That ordinance required a kennel license and special use permit for kennels (more than three dogs or cats) in residential districts. It was felt by dog owners , the general public and the council that this review process may be excessive. The revised ordinance is simpler, it limits the number of dogs in residential districts to three dogs (nonconforming situations may continue until the dogs die). Dog kennels, more than three dogs, require a special use permit and are allowed only in commercial districts. e The planning commission held a public hearing on the revised ordinance. Existing dog owners were notified of the meeting. No one commented adversity to the proposed ordinance. The planning commission recommends the revised ordinance for council approval. Recommendation: Approval for second reading Attachments: Existing and new kennel ordinance regulating dogs. e ~. e AN ORDINANCE AMENDING CHAPTER 27 TITLED DOGS AND OTHER ANIMALS 27.03 KENNELS Subd. 1. The term kennels shall mean any place where four (4) or more dogs over six months of age are kept, owned, boarded, bred or offered for sale. It shall be unlawful to operate a kennel in any residential zoned district. Kennels shall be allowed in any commercial zoned district. It shall be unlawful for any person, firm, corpoation or other legal entity to own or operate a dog kennel without a Special Use Permit issued by the Planning Commission. Conditions of Approval: A.Each owner or keeper of a dog or dogs shall operate and maintain the premises as well as all of its pens, run-ways and all the premises upon which a dog is kept or harbored, in a clean and sanitary manner;. (a) provide adequate light and ventilation; ~ (b) dispose of fecal materials through an approved .. sanitary manner; (c) keep the premises vermin free; (d) conduct its operation in such a manner that no public nuisance will be created or offensive odors arise therefrom; (e) shall be open for inspection by City Authorities during working hours. e e ie' e \ " ORDINANCE NO. 813 AN ORDINANCE AMENDING CHAPTER 27 OF THE STILLWATER CITY CODE "DOGS AND OTHER ANIMALS" The City Council of the City of Stillwater does ordain: 1. Amending Chapter 27.01 Dogs and Other Animals is amended by changing the definition of Kennel by adding a new Section 4 and adding a new section 4a that will read as follows: "4 Kennel means any place where three or more dogs or three or more cats over four months of age are kept, raised, sold, boarded, shown, treated, groomed or a place where animals are bred or offered for sale at any age or in any number in the regular course of business. 4a Kennel Licenses. Kennels are not permitted without a Conditional Use Permit. No , Kennel License may be issued or renewed unless the applicant has a valid Conditional Use Permit for the facility. 1) Existing kennels must be in compliance with this Ordinance within 60 days after its effective date." 2. Saving. In all other ways the City Code shall remain in full force and effect. 3. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. J~/P ATIEST: ~J:,{'1 oj....... Modi eldon, Clerk .J Adopted by Council this 2nd day of May , 1995. Publish: Stillwater Gazette May 22, 1995 CHAPTER 27 DOGS AND OTHER ANIMALS 27.01. DOGS AND OTHER ANIMALS Subd. 1. As used in this ordinance the following terms shall mean: 1. Owner: Any person, partnership or corporation owning, keeping or harboring animals. 2. Kennel: Any owner engaged in the business of breeding, buying, selling or boarding dogs; provided that such owner customarily owns more than three (3) dogs over six months of age. 3. Pet Shop: Any owner engaged in the business of breeding, buying, selling or boarding animals of any species. 4. Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. 5. Animal: Any nonhuman living being, domestic or wild. 6. Animal Shelter: Any premises designated by the Council for the purpose of impounding or caring for animals held under authority of the ordinance. 7. At Large: At large shall be defined as off the owner's premises and not under the control of the owner or a member of the immediate family either by leash, cord or chain or similar physical restraint. Subd. 2. No person shall own, keep, harbor or have custody of any dog over six months of age without first obtaining a permit from the City. Applications for permits shall be made on a form prescribed by the city which form shall set forth: 1. The name and address of the owner. 2. The name and address of the person making application, if other than the owner. 3. The breed, sex and age of the dog for which a permit is sought. No permit shall be issued to any person other than the owner except upon of the owner's written request. Subd.3. Permits shall be valid for a period of one (1) year, commencing May 1 and expiring April 30 of the year next following; and, except as hereinafter provided, shall be issued only upon payment of the following annual fees to the city: 1. F or each male or female dog $5. .. Chapter 27 - Page 1 , , , e e e e e e "lIP,\, MAGNUSON LAW OFFICE 6124~95641 P.04 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 27 TITLED DOGS AND OTHER ANIMALS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendin~ - the City Code ~27 .03 Kennels is amended by adding a new Subd. 1 and 1 (a) that will hereafter read as follows: "Subd. 1. "Kennels" means any place where four (4) 01." more dogs over six (6) months of age are kept, owned, boarded, bred or offered for sale. It is unlawful to operate a kennel in any residentially %oned district. Kennels are permitted in any commercially zoned district but require a Special Use Permit. n "Subd, lea). The planning commission may impose as a condition of approval of the Special Use Permit, any reasonable condition necessary to protect the neighborhood, in addition to the following conditions that must be included in any permit: 1. The premises and its pens, runways and all the premises upon which a dog is kept or harbored must be kept clean and sanitary; 2. Adequate light and ventilation must be provided to the animals; 3. Fecal materials must be disposed of in an approved sanitary manner; 4. The premises must be kept vermin free.; 5. No public or private nuisance may be created; 6, No offensive odors may arise: and 7. The premises must be open for inspection hy City Authorities upon reasonable notice. 2. Savini - in all other ways the City Code will remain in full force and effect. 3. Effective Date. the Ordinance will be in full force and effect after passage and publication but will not apply to valid permits existing on the Effective Date, Adopted by the City Council of the City of Stillwater this day of 1 1995. Jay Kimble, Mayor Attest: Morli Weldon. City Clerk ORDINANCE NO. ~111'" 1",/ ' Il.., . \., i j...} .t.*:~ .-.." ; :t~~t..; - ~ ,. , i e AN ORDINANCE AMENDING CHAPTER 27 TITLED DOGS AND OTHER ANIMALS ::-~..S i/<:: i~ , ../} J .l.fl'" 'J IIi) [}:jIB THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending - the City Code ~27.03 Kennels is amended by adding a new Subd. 1 and l(a) that will hereafter read as follows: "Subd. 1. "Kennels" means any place where four (4) or more dogs over six (6) months of age are kept, owned, boarded, bred or offered for sale. It is unlawful to operate a kennel in any residentially zone'd district. Kennels are permitted in any commercially zoned district but require a Special Use Permit." "Subd. l(a). The planning commission may impose as a condition of approval of the Special Use Permit, any reasonable condition necessary to protect the neighborhood, in addition to the following conditions that must be included in any permit: 1. The premises and its pens, runways and all the premises upon which a dog is kept or harbored must be kept clean and sanitary; 2. Adequate light and ventilation must be provided to the animals; 3. Fecal materials must be disposed of in an approved sanitary manner; 4. The premises must be kept vermin free; 5. No public or private nuisance may be created; 6. No offensive odors may arise; and 7. The premises must be open for inspection by City Authorities upon reasonable notice. 2. SavinI! - in all other ways the City Code will remain in full force and effect. 3. Effective Date - the Ordinance will be in full force and effect after passage and publication but will not apply to valid permits existing on the Effective Date. Adopted by the City Council of the City of Stillwater this day of ,1995. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk e e e e J. <I MEMORANDUM TO: Mayor and City Council // FR: Steve Russell, Community Development Director P// DA: November 30,1995 RE: VACATION OF NELSON ALLEY A street vacation request for Nelson Alley has been received from Dick Anderson. This concept is included in the downtown plan. The intent of closing Nelson Alley was to provide a safer more clearly defined pedestrian connection between a new parking lot (USC) and Main Street. The request has been reviewed by city departments. The fire department needs emergency access to the street to fight fires. If the street was vacated, utility easements would need to be maintained for utility lines. The Planning Commission heard the street vacation request at their meeting of November 13, 1995. At that meeting, several downtown property owners (see attached lists) attended the meeting and expressed opposition to a complete street closure but generally supported creating a better pedestrian connection to the new parking lot and Main Street. This may entail a partial closing, sidewalk widening and possible one-way street. The Planning Commission, after reviewing the request and hearing public testimony, passed a motion recommending denial of the street vacation request. The Commission felt that a study should be conduced to coordinate USC parking lot improvement with Nelson Alley pedestrian improvements. Recommendation: Deny vacation request but direct the Community Development and Public Works staff to study methods of providing better pedestrian access from the new USC parking lot to Main Street when plans for the parking lot are proposed. Attached: Street vacation application. .t MEMORANDUM e TO: Planning Commission FR: Steve Russell, Community Development Director DA: November 9,1995 RE: VACATION OF NELSON STREET A street vacation request for Nelson Alley from Main Street to Second Street. The Downtown Plan shows the concept of closing Nelson Street to provide access to a new parking lot. The parking lot will not be where it is shown but rather on the UBC storage yard site on the west side of Second Street. The request for street vacation has been reviewed by the Fire Department. They feel the street must remain open for fire truck access. Emergency vehicle access would have to be accommodated by any closing of the street. Access to the Grand Garage parking lot would also have to be accommodated. Notice of the closing has been sent to adjacent property ownersfor comment. Recommendation: e Review of request with recommendation to City Council. Attachments ---- Ii ~J"> -C{Lv + 1 ----17 e (' ~ ~ ~ 'C ~ ~ \t~ ----;-.. l ....... .--.,...-.-,--='""'- 0> C :;::~ en ~ 'x-- o..cO W . / " r ... .'" .". r',- '" ,';;"r~,)i;:~,;:(:f:k~:";';'~ ':';',~ A ; h 'h'(:; -:', \.,:~:;;i.:lg~Uir. .. "'~'n.~, ~~"~~~.t;,1~~... !};,;-.~}~f~~t~~:~f];;' "'~~ _"> '.~: -l"'I~~i~,:,:bt;f.~~" "~l:;, . " \ PETITION FOR VACATION OF STREET LOCATED IN THE CITY OF STILLWATER e Street Location: Provide parcel map and legal description of street for which vacation is requested. Affected Properties: List all property owners who own property abutting the street vacation area. NAMES LEGAL DESCRIPTION OF PROPERTY OWNERS .1d~'Jb.~ fI D it- /d {92-38'~CJ / /rJ6c;2 3> 700 .... e t-O tf- 106 Or2 - 3e'iSO '/ ~1-'rdS<J/~fJ)J1 '1'7$0/ ~ , J{ .e1tBliltv.-Ct, ~ e . (}fUlJ) (;;"-4"- or: ~Tdlt..M~ The undersigned, a majority of the abutting property owners listed above, respectfully petition the City Council to vacate a portion of a City street as described above. e ADDRESSES t't~~ N;~7i PHONE NO. '130-- J'}7K" . ~ "-r-r FEE: $100.00 e e e !e MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director r DA: December 1, 1995 RE: PUBLIC HEARING TO CONSIDER SPECIAL USE PERMIT FOR CONSTRUCTION OF A HOTEL IN THE CENTRAL BUSINESS DISTRICT, CBD, FLOOD PLAIN DISTRICT It is recommended that this item be continued to your council meeting of December 19, 1995 to obtain additional flood level information and development elevations. Recommendation: Continue hearing to regular council meeting of December 19, 1995. , ; 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) 439-564\ DAVID T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTA:-':TS: MELODlE ARYOLD JODI h:\rz MEMORANDUM TO: Jay Kimble, Mayor; City Council and Staff FROM: Dave Magnuson~ DATE: December 4, 1995 RE: Nelson Alley Street Vacation Enclosed is a survey that shows the encroachment of Dick Anderson's building and the adjoining building owned by Dudas upon the right-of-way of Nelson Alley. In the past, the City has recognized the need to vacate small slivers of public property in order to accommodate a private interest and in this case it would seem appropriate if the City is not going to vacate the entire Nelson Alley then at least they vacate a small sliver. DTM/ds Proposed Portion of Nelson Alley to be vacated: (Nelson Alley createll ny agreement rec. In Hook "B" of Bomls, Page 152) All that Dart of Lot 7, Block 29, original town, now City of Stillw\.lter, W\lShilllJtOfl County, Minnesota, described as follows, towit: Commencing at the southeaster ly corner of said lot 7, thence North 17 dcgrees 117 minutes 11 seconds West, assumed bear ing, along the easter I y line thereot, 15.01 feet to the northeasterlY corner of the southerly 15.00 feet of said Lot 7 nmJ the point of I>Cgillllill1j of the Darcel being described; thence South 17 degrees 47 minutes 11 seconds East iJlOfllj said easterly line 0.30 feet; thence South 72 degrees 26 minutes 56 seconds West 112.0/1 feet; thence North 18 degrees 03 minutes 26 seconds West 2.30 fect, more or less. to the northerlY line of saId southerly 15.00 feet of Lot 7; thence North 73 degrees 28 minutes 08 seconds East 112.08 feet, more or less, to the point of beginning. NOTES: Orientation of' this bearing syst~m Is assumed. o Int1lcates Iron pipe set marked with a plastic plug Inscrihed RI.S 1377ll, "Rec." Indicatcs recorded value. "Meas." Indicates mcnsurCl1 value. Undcrgrount1 or overhead public or private utilities on or adjacent the parcel were not locatell In conjunction with this survey. Cross hatched arens lncllcate location of outside buillflng wall 1 ines anll do not Incllcatc cnves, sills or othcr project ions from thc hui ll1in~JS. I 1I{!rr:!Jy C{~rL i fy tha t th I s survey, p I an or rl~por' wa~; prepared hy me or uncler my III rl!c:t ~;IJIIf!rv I~; Ion ami ttla t I am a clu I y 1~I~lJ l~;' (~rr~(1 I ;lIul SIJrV{!yor lJn(I{~r t Ilf~ I iIW~) II' 1t,I' ~; 1;1' (~ 0 r M i '''IP';"I ;1. STACK LAND SURVEY 9090 North r.1I rv rails I~O;JlI S till wa leI, M llllleso t J ':>"08? t (' I . (l; I?) 'I.~q-~li ~() Page 2 ) , ;. e -. R.n:. H' .., :1J.,,8 C,r. I'F /"'$;<'-'1 W""" ~ '!\' ~~ ~~ ~~ ~,~ ~~ ~ ~ I I I tJJtI'K4"L: .4/V,p~~S.:JA/ I I I ~I I I 'I .~~ ~"-l 'N~ ~P\j " ~ ~ \ lIj "v7Z'/.r~fI"'E \ /.~d--:::-.........\\ '~_,,"4~ ..t7-"'t". -MJ. "Zf! Z.:J 7 (T~N~4 ) ~""""4"t:"" ~IF'~~ I. ~ ~ I~l Iti t .:-... .... ! ~ l~ " Ct7t:7~~,e ~ I I~ !'i " '~IK ~ 8L ~ GAA ~ " ~ ~ ~ .R,1 ~ , .:JoIStt'. /V ~ ,... ~I''''' A.u.I,.. ..... - - /'f 31.9" ,.e .U.' ...- - - ~ PVB,{./C 4L.L.[r CRE# S7'.7"Z8'd8~W -<-- Siol': L".vl" L_ 7 AIEL '" .... :~ . . To: Mayor and City Council 4It~r: Property Owners) business owners adjacent to Nelson ~ Alley Da:December 5, 1995 c;;D J;:<;~ ~t\l ctJL Re: Public Hearing on vacation of Nelson Alley A request of postponement of public hearing of vacation of Nelson Alley because adjacent property owners did not receive notificationof public hearing on December 5, 1995. Due to lack of notice, the above signed property owners are unable to attend and voice their concerns to the Mayor and City council. Also, after reviewing the November 30, 1995 memorandum to the Mayor and City Council from Steve Russell, we do not feel this adequately voices our position on this matter and feel it is important to understand our position before any recommendation is made concerning this matter. ~~~~ ~&s- LL't~ ~Y1Y\f- .~~ ") ) i {t [ C L J (~~ #(~u - "1 Lt {"I-{ ((J .1\-( ~ ~\J/)(c L v'L ''5 5-(-CC ~ :S[!Ci) ~IL( ~ '~~ f \ e e e CITY OF STILLWATER MEMO TO: Mayor and Council FROM: Klayton Eckles, City Engineer t tv' DATE: December 1, 1995 SUBJECT: Conversion of Private Street to Public Street in the Greens and Garden Town Homes DISCUSSION At the October 17th council meeting, the City Council directed staff to examine the private streets in the Greens Development and consider the possibility of accepting these as public streets. This issue has come before the council on two prior occasions, on both occasions the City Council has determined that there is not sufficient public interest served in converting these private roadways to substandard public streets. Note that on past occasions the property owners were apparently asking for only one street to be converted, now they are asking for all the private roads to be converted. Attached is a 1992 memo which discusses the issues and physical conditions relating to the existing private streets. Given that conditions have not significantly changed since 1992, the discussion and recommendations in this attached memo still hold true. As part of the 1992 memo, the following recommendations were made: 1. Council should determine the public interest served by converting a private roadway to a substandard public street. 2. Council should determine how a decision to accept these streets would impact on other areas of the city that are served by private streets. 3. Council should determine how conversion costs are to be paid. After considering this issue, staff is of the opinion that item 2 is of particular importance. Accepting these as public streets will set a precedent. Other properties in the city served by private streets or common driveways will then have grounds for similar requests. The only way l , Mayor and City Council Page 2 December 1, 1995 e to avoid this type of situation would be to stay with the city's current operating procedure and not accept this as a public street or as an alternative create a new policy. Such a policy would create standards and conditions for conversion of private roadways to public streets and also address the viability of the creation of new private roadways in new developments. See attached memo from the League of Minnesota Cities regarding public policy. City staff has looked into other similar situations that have occurred in the city and has discovered only one similar case in the past twenty years. Pinehurst Lane, off of Croixwood Blvd., was originally intended to be a private street. The developer began the construction of the roadway as a private road, but was unable to continue the development. Later, when the development got underway a second time, a request was made for Pinehurst Lane to be a public street. The city agreed to accept Pinehurst as a public street, but only under the condition that it was upgraded and designed to city standards. Pinehurst Lane currently meets the city standards for a public street, which includes a 32 foot wide roadway and a full size cul-de-sac. For comparison, the streets in question in the gardens are currently 25 feet wide. Two of the streets have substandard T turn arounds and one street in question has a dead end with no turn around. One concern that city staffhas regarding this issue concerns where in the city it may come up in the future. Similar situations exist in The Cottages, Quarry Lane and a number of apartment and e condo developments, such as the Bodlovick Apartments. RECOMMENDATION Given the substandard nature of the streets in question, this project does not meet the city's current policy regarding street design, therefore, if the council wishes to consider accepting these streets then council should also consider re-evaluating our current policy. In further examining this issue, City Council should: 1. Determine what public interest is served by converting a private roadway to a substandard public street. 2. Determine how a decision to accept this street would impact other areas of the city that are served by private streets. 3. Determine how conversion costs are to be paid. 4. Direct staff to obtain all items necessary for conversion if the decision is made to convert. e , \0 .e .e e I D/~'1 /'1 ~ MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: November 3, 1992 RE: CONVERSION OF PRIVATE STREET TO PUBLIC STREET (THE GREENS TOWNHOMES) The City Council directed staff to further review the request of the Greens Townhome Association to convert the private road within the Townhome development to a public street. The association states that they were surprised to find out the roadway was private. The association further claims that the covenants were vague and did not provide a clear and direct notice that the streets and utilities were private. However, 11m not sure if this should be a factor in the Council's decision on the matter. The covenants, etc., and what they represent is an issue between the seller and buyer of the townhomes. The only issue before the Council is whether or not a public purpose is served by making a private roadway a substandard public street and if a public purpQse is served, is it practical to do so given the existing physical conditions associated with the streets and utili ties. Further, would such a change in policy obligate the City to convert other private streets (e.g., Cottages of Stillwater, Bruggeman/Gardens, etc.) to public streets. From a physical standpoint, the street is a substandard street and would require the acquisition of easements or right-of-way in order to construct or have the potential to construct a standard city street. The street is presently 40 feet wide with a paved surface of 24 feet. A standard city street has a right-of- way of 60 feet with a 32 foot paved surface. However, if adequate right-of-way is obtained, then the setback (front of structure to right-of-way line) would become substandard. The normal setback is 30 feet. A setback of only a few feet would be the result of making this street a standard city street with standard right-of-way. Therefore, it does not appear to be practical to create a standard city street (i.e., 60 feet wide). Further, it does not appear to be possible to construct a standard turnaround because of the lack of available land and the location of the buildings in relation to the streets. One of the reasons for constructing a standard turnaround is to provide access and maneuverability for emergency vehicles. On the other hand, an emergency vehicle would still have to travel down the present roadway in order to get to a victim or to suppress afire. In other words, the physical conditions may constitute an impediment but does not prevent emergency vehicle access. The only other problems related to physical conditions is snow plowing. Although the narrowness of the street may allow for quick plowing, snow storage could become a problem because of the limited area available for storage. Also, snow removal of a higher frequency (than other residential streets) might be required because of the lack of snow storage capacity. In regards to the construction standards (Le., load limits, size of pipe, etc.), it appears that the streets and utilities were constructed to city standards and would not require unusual repair and/or replacement costs. In order to convert the roadway to a public street, it will be necessary to survey existing utilities and drainage easements, write easement descriptions and to prepare as built (utility) drawings. The cost of this work (primarily engineering and legal work) is estimated to be $3,500. Therefore, The Council should decide whether or not the roadway should be made a public street before proceeding any further. The Council may also want to determine how the cost of the aforementioned work is to be recovered. Recommendation 1. Council detennine public interest served by converting private roadway and utilities to a substandard public street and utilities. 2. Council determine how a decision to accept this street would impact on other areas of the city that are served by private streets. 3. Council determine how conversion costs are to be paid. 4. Direct staff to obtain all items necessary for conversion if decision is to convert. 121~ e ......e .e e e e ,. I~ FAX TRANSMISSION LEAGUE OF MINNESOTA CITIES 145 UtotlVERliIlT'f Av. W. ST. PAUL, MN 55 103 (5 I Zl ~e 1-1 200 FA)(: (e I 2) 28 I .1 2SillS To: Klayton Eckles Date: December 1, 1995 Fax #: From: Subject: 439-0456 Pages: 17, including this cover sheet Jeannette Bach Council Policy Roles COMMENTS: . I found a few items in our files that may be of assistance in outlining how the council should consider its actions for their effect on policy, and the role of the council in setting policies. None of these items really comes out and says "be consistenf', but this concept appears to me to underlie the text. I have marked some portions of the text that best seem to illustrate this. The League's Handbook for Minnesota Cities discusses the role of the individual council member and describes "making policy" among the council's chief duties. It notes that they should be concerned ~'not only with the conduct of daily affairs, but also with the future development of the city". Thus, daily actions should be viewed within the larger context. Also provided are sections of books 1 and 3 in the leMA's series of Elected Officials Handbooks discussing policy making in general and policy in the context of the public works arena. Again there is language pointing out that the job of the COuncil is to set the policy framework in which the day-to-day decisions are made. Elected officials must deoide what service to provide and in what ways. Underlying this statemen~ it seems to me, is the concept that there is an overall plan and the individual decisions, like your current situation about inconsistent standards between private and public roads, must be made with it in mind. Of coW'Se policies may still need a variety of options and sometimes exceptions, but many inconsistencies or reversals of decisions would seem to result in no real policy at all. I hope these items are helpful in the city's upcoming discussion and decision process. 1:0d S 3 I .L ION N .;I 0 3 n CI " 3 ., >I< NV 6 5 0 1: 5 6 . 1: 0 . <::: 1: .. \~.. t' ' r ,>- ,,' ..v/."rM-~ / N'-:~~ / " ~- / """~ , , r ' ('y ".../ ...' / c.:) 0-: , , , , " I r " 0-" \J oJ I OUTLOT C I ~.. I (~ , . I .. \ v.- I \.;- (\' I ...... I'f) [-- /S~..P' e e \ , ,...... \.. ' ,/ ,.\, \.? " " ""... 1\' ,''- ,,' " (\' ("" '\/ , rA v (,\ ,\ ,- ~.. ,..') 'J J) , In .. .. .., " " tg \l i~~ H~ i,.f ~J I \ ," .~ . 2 ~, :3 \ a I .' .~ U q ~ a ~ ~-...... -- ," .~ 4 ~ ~ a . ~ /..ltfC J"'" , I~go / ,?T_ /,)'10 ....,.-. ---,:;;:, .,,~ ~*" r!'4'~' ",,,,'" __ "ItI!J,~.._ ..~ . - '~----'~----T' , e~- ?'"r"';'~;', ~.('". --" ~ --- ~ l\f .~, ~,,.,.."),,,,,I "' ,,- ,~ .... e , .. ,t 6 ,0' ~... , . . . New Developments with City Owned Streets Built Within The Last 2 years . / 1. John Roettger Townhouse Development OFF of eo. Rd. 5 (Wetlands not a factor) Street Width 24 ft. 2. Dave Harvieux Kallie Court (No Wetlands) 3. Wildwood Pines 5th Addition BoutweB Place ( Wetland one side only) 4. Pinehurst St. Townhomes Development (No Wetlands) 5. Lookout St. (Older Development) Radle Addition 6. Tim Nolde Development Green Twig Way (No Wetlands) The Gardens & Greens Development 25 ft. 24ft 28 ft. 26 ft. 25 ft. 26 ft. ~ '~ 'l0;.;R PA~PE;(1\ T:"^ r)R~p-J:~,i:.!"; Pr~OPERTv ;:OH 1;)95 TA"~ 1.0H ;;\% ------_.._~---- -_._--"--~-- ,--.....-.--+---.--- ._-~>---- .---.-... ,NC~;4SE 0'-< Di:CRE....S[ avo> '99':. ---.-------.- ~/.~-T(~'V - f'VA3.> \J::<':" ;,':'::',~~~11 'J~)v'r C:~lER , /~~~~/.,.,:."~f~ i~~:.' (,:iTF';__I:~~ ~50~?~~2~~____._~_.__.. __~~2_~. ~~_.L_____~~~6. _~~_~.,_____,_._6 .~~=-_, .~, . ST J:U...W" rEi~ i, : . ~ = ..:c',:,,: !7.,1 I Cl, Y hALL ! 660 ~40: 767.94 i 107.54 .~;\ ; '"1''' ." 4'''H c.'T ..,\'-;'\ . ~~ a:..~"'1 l( " ....;}) '::;~.~, '~~ -; ~,;,::~(/..- ~,;".;f' ------- __..---1-._______. - ----.-... . ~~~{;f~~~~~\:f I S(' I: ' L'1."~T~!C7 8:~4 1 ~--- , , ' "~"Rn':)A TAX j 71 .04 I '., ",(SCHO~)l ;\x J, j 1 0 .00 ! H: ..~>..;.~ GREELEY \l~DITQ8.Th=k<!~t-h S T .i.l <.\!ATEi:': RH S1;"~FCiD 144.99 J. , 284 . ~;7 1.:~. 9'5 25 .... 43'~ Ph 612 ~~:)0-t'17:) __----L--__ _______.____.__....,. - l-- _______ - ___ ~____.__._. --,.,-~ _n_.._-__._______.._.__....: I 1--- - -- SP~..1,...~ ~ : . ^ .r~\] O:S-:-R:;';':-::. 10-0; . :::.: 4 100.73 3.81- ,..")E( -:-;\1. S':..:-3 . .-' ," ,;".1-. ~ '~.F:r< CF NTRE .r r~;:=TI'1 ~::J~Pt:~ , I! NON-MEI~O PHI..,NE 1-800-827 "'029 ! ! OT:-F,.,". _(; TAXINJ ~1'~-K:(. ;~;. . FISCi" OIS?AJ':TY TAX I ~~::'~:~~R~..~"~~~; :;~~_~~;~~"?~~~~_=--=~ ._2,1 8=~4 :~;8 __ ~_=~'~_~r21-0 .82-=~-~~-B-~_&4_~=j o w N E R S '.. ;'.~;J 55",01 ')f 1 C. . 00 15.91 .09- 1.800.\,\4S11TAX "'C.'SSE. \,'Eh,'-lELL 0 1{;41 MCKUSICI" r,It LN N 3TiL.LWA1:::'R MN 55C'8:~ PROPERTY 1.0.: 111 'J 1- 247~:; . . :j(;. :.. ,'~<,:= j-,,-~f1:N::' 'j",n 5 MIl) L0CA.TI')!l/S .-t------.---------.-... - '''F: -' :Jr, C 1.0% / :~)\) e rl,:~. Dt"loc i :.? (.:0Ui~t\r 80ard ROOrrl l'JO'J''2rn!Tlen: Center ~-- -- '---'-7:'0-0 -PM NO~' 2'7>1 , + 16.2% iefTY HALL ; ---+--------..-- -~-- + 10.6X 1..9% 7:00 PM NOV 30' I STILLWt",TE:I~ JR : IHIGH SCHOOL ! ----------~-..---- h.__ ___I ! --- 3.67. ';:10? M. ~)"c ,1 : \,1(~.Jrs P(1!",( Cd~tf(; ;:':~U r:.ast 5th St. St Paul. Iv:N 0.57. '., ..._~t_.~ _.-.3..&~_j YOUR PROPOSED PROPERTY TAX FOR 1996 This Is Not A Bill - Do Not Pay Taxable Market Value f"r 1995 Taxes: Taxable Market Value for 1996 Taxes: \=\:ES. HSTI). :t42~800 145,.200 111C raxab!c ~T1Mket val'Jes 300ve 8re final ,-'ilG ;::rc d." for the l,pc:orr:n.] budget heanngs. Thev wore (j ~,('R,,' ,f' ioea: bo{)~d of review :1nd the COl;~t'! i.lCd(d~' f"~ ; 7,,',:.,n tleari~lyS heid earlier this year. 1'j~8 rlr1al taxable !I'Y'<':,'llues !i1ay ref!ec: 3 reduction Linder the IJm:tcd rnarket vaiue Jaw If the abo'le vopeny is a qUc!hfy'ng homeste3d. the fl11a; tax8bie market v3lues may exciu{1c; iT.provcments fOU n-ncc to the ",rO;Jerty IMPORTANT: INFORMATION IS PRINTED ON THE REVERSE SIDE OF THIS NOTICE. I ,) -,- '\.. . . . ~- ~ YOUR PrlOPERry T"JI. ..OR 1995 I ----- ------r------ f '~1. ~\' , W:~S'~:;:-, --:'I~, ':;OUN TV ClaVT CENTER; ~~~; -;:,-,~c,j~~\ 'I 143(( < 1 :~T Si N. P (1 BOX 6 /~y; . - - '~STLL \VAT ,,:=;; '/0. 55082-0006 I :~; _ I -sJ.fCCWA TER i ~--~I . CITY HALL ! <t~\l . i/ 121b N 4TH ST ~~~:"~-~.~. _ __o-:~~ I _~__ ,"__, , ~/J-.J""R,,'l~t.~\'~ ~''''lV''(' "YC'TRfCT 8.:!.4 ~~~ :w~;..:"~ '-.v [~( ':,,~~,_~'~r.::=F[RE~JA 7AX: ; :-~>=",'FI'"'' ~q-lrv-,I TA'" H,f--j S;":F,j,-l) 118-'(~':; 'S"'GREELty \LJi):-'QR','E><';$foFi ST1L\..WATER ! PH. 612 ',,[-',1,'5 ispi:~,.Z:-X(:NGD:STRICTS -------r-- 9E' -.~I- : \1:; ~, -:: 3PcC --:AX DISTS! ,'. . ..J 'v':E)':..',\:: ?A:.iK CENTRE 2}~':.k:-l F:FTH STREE7 S~ ::'L':" iI/ill ')5 ~ J 1 I ! -------+ 570+64 62'S. 1.4 124.04 :{ j 2 40 ~ 3. 0 'lON-fvIEiRO ?HJNE 1-800-;32 7 -tlS~-.g I I i 'OTH[K::>EC TAX:NG DiS1RICS: r:1se,-\1 :;,:3F';PiTY TAX_ i TAl' ;f'jCR::\~EN7 TAX ~~~;~. " L~~!:~;;::~~;:x.'a: ":~'~~;ents)-- 15 ~ 15 ~ -800-,\Ii\SH rAX ! I I --- ----ct= '") .., '") ."- ~ 6 ( ~9.,'- __,_ o W N E R S CONRAD EVWIN M & MURIEL H 1125 MCKUSICK RD LN N STILLWATER MN PROPERTY 1.0.: 11191-2225 e . f'hOI'OSED fJROPlKTY INCREASE Ofl _1~_19% ___~~~i..~~g~~__~95._ 627.28 56964 807.32 j '32 . 1 H I --'--~--------- ------ 28.38 110.36 :t~;2.4? 1~350~46 105~90 6 00::- 9 . ...J 16.72 1..57 3 ~ 060. 1 ~-386-~'-;;-~ ~:i"50B2 ~-, 0.. Bur.GET HEARING INC/OEC, ; DAiES AND lOCATIONS 1---------1.--.--. -: i 700 P.M. Dee 12 ! Q 9"/ I County Board Room + ,.,.. GOller nment Center -----=,-:00 PM NOV 29 1 + 29.17. CITY HALL I i + 22.87. -+- 8.8% .~ 7 . Or. + 1 0 ~ 3}~ t-- L~~_~~ I i 7 :00 PM NO\,' 30, iSTILLWATER JR ; ,HIGH SCHOOL I ---i-- f, :,0 P M Dee 4 1/182rs Park Centre 2:30 E2St 5th S~ S~. P:JU\; ~N . YOUR PROPOSED PROPERTY TAX FOR 1996 This Is Not A Bill - Do Not Pay Taxable Market Value for 1995 Taxos: :l.37? ::'00 Taxable Market Va~ue for 1996 Taxes. 150, 800 RES. HST[t. The taxabie market vaiues above ,~re final and are not ~1 ::',:D;est for the upcoming budget hearings. They were r;,c-cus:~ed" ;,,0 'oc;::! board of nw!ew and the county board of W1U,:.-J,f).'l heari:lgs held eariier this year. The final taxabl€ market . 11'I':;S may reflect a reduction under the limited marJ<:et va:ue :;:;w ,t :h~ ilto'Je property IS a cua:lfying homesteRd, the h1aJ :axable r'1u,Ke! value', fnay exclude irn;:->roV8'11ents you rrlade to the property. IMPORTANT: INFORMATION IS PRINTED ON THE REVERSE SIDE OF THIS NOTICE. J e ... . ., ?H ,.: 2 - 43()-61 75 -.JON-METRO PHONE 1-8CO-9~ 7 -:~8:?~.~i or 1 -800-WASHTAX e YOUR PROPERTY TAX FOR 1995 1 I -~----------+- , I I ! , ---+---------.--------~~1 i . 79.02 I ! -----------t--- 1 2.10 o W N E R S PRINCE .JOHN I) 104'1 MCKUSJ:Cr~ RI) LN N STIL.LWf~TEF<: MN 86.58 17.17 171~73 11191-2425 .-------- ---- --~--------- 1 ~;cE.Cc..L T,'lf.:"i\G D:ST,~ICTS 13. 70 I ',1[-:-H(; Sf'::C. ~AX D1STg. ~ tviEAi-t3 Sl,A~:W. C:El'lTRE 230 [";'.ST FnH STREET 57 PACL, ~,iN 55 i("} ~ . ?,;O"O';[O PROPERTY TAX FOR 1996 660.06 849.52 160. ~59 1~421.03 INCRE ASE OR DECREASE OVER 19% I .-----.--i 581.04 762.94 143.22 lt249.30 I : i -- +------------1 I , 111.43 i 97. TX, I 17..59 ~;5082 1:::;.49 I ------;~;--r_-- ;,-;2~1-;_:;~;:_7_;_: I- ;, OF lNC/DEC. <"~ -:r(r~ '/i-;SHINGTON COIJKiY GOVT CE,.{:ER /'~~'."~()~"~ '1 149C'0 u~ST Sf 1\ PC SOX 6 /l> ,,",", ~~~ STILLWATE:~ Mt\ 55082-0006 ! ~, l~ STILL.wATER --r ,. ~- ~ CITY HALL I ~\ 'f)" I ':">16 ..I 4"fH S"T I "v. . /!;J .... l~ , '~"> -~~.,.~ ",.'''"'''''--. _ _..,..r-<,;.S// ____.~_ '~';;:p;cc.")", . S:~HOCL Di$TR;C;- 06"1 --=-=-, E.XC~SS R:::FtAE~DA TAX, R ~ C'TUF'-IRO : "~.t:'I\jNIt:\;J S~_IiQQ'rJA~. '.., c~'" ~ , 18 7(S ~ \.:>REr:.LE"Y .U0nO;-"<oE>\SURE"i 1ST ILLWATER i DTHER S"EC TAXi~IG DISTRICTS 1 ",seAL O:SPARITY 'TAX ,AX i\Ci'lEMENT TAX 1 i;JiALS 1['-((iu..1irl\.; S~$Y>1o.1l Ass~r.;~Taer~s) . l______ _ _.....___. .____.,..------J.__ PROPERTY 1.0.; +735.3% E;iJDGET HEARING DATES AND LOCATIONS 7'80 P.M. Dec. 12 County 80arc Room GO\lernm8nt Cer.ter I PM NO\"! 2'1 I HALL 7:00 +881.1~ :CITY +834.1% +7::'~7. 4% +713.3% +737.6X ~~L69--5X,""; .__~_____J 7:00 f'M NOV 30' STILLWATER JR I ,HIGH SCHOOL I I , I GJO F 1\,1 Dec..1 Mears Park Centre 230 East 5t'r St. St. Paul. MN . YOUR PROPOSED PROPERTY TAX FOR 1996 This Is Not A Bill - Do Not Pay Taxable Market Value for 1995 Taxes: Taxable Market Value for 1996 Taxes: RES. HSTIJ. 28~OOO 156,800 The taxahle market values abovE' . final 2flC are no~ a subject for the upcoming budget f1carings They Ncre disrussf...d at the locai board of review and thE: county board 0: equnl,zation ne:.mngs held earlier this 'y'ear The final taxable mar ket values may reflect a reduction under the ;imited market value law. If the ,1001,18 property is i>. qtm!ifyir,g homestead. the flt~al taxable market values may exclu(je Improvements you made to the property_ IMPORTANT: INFORMATION IS PRINTED ON THE REVERSE SIDE OF THIS NOTICE. 1 j e e e e RESOLUTION 95-276 ADOPTING THE FINAL TAX LEVY FOR THE YEAR 1996 Be It Resolved, by the City Council of the City of Stillwater, Minnesota, that the sum of $3,596,330 be, and the same is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota for City purposes for the year 1996. Adopted by the City Council this 5th day of December, 1995. MAYOR ATIEST: CITY CLERK RESOLUTION 95-275 ADOPTING THE FINAL BUDGET FOR THE YEAR 1996 Be It Resolved, by the City Council of the City of Stillwater, Minnesota, that the final operating Budget for the General Fund is hereby adopted for the year 1996 with revenues and expenditures in the amount of$5,951,364. Adopted by the City Council this 5th day of December, 1995. MAYOR ATTEST: CITY CLERK e e e e . e CITY OF STILLWATER MEMO TO: Mayor and City Council FROM: Klayton Eckles, City Engineer 'i-~ DATE: December 1, 1995 SUBJECT: Pine Street Feasibility Report L.I. 295 DISCUSSION Attached is a Feasibility Report from SEH which discusses the reconstruction of Pine Street from Co. Rd. 5 to Holcombe Street. Dick Moore will be available at the meeting to present the Feasibility Report to the council. There are some outstanding issues remaining to be resolved regarding this project. The issue of sidewalk installation on one or both sides of Pine Street must be resolved. The method of splitting assessments should be discussed by City Council. Also, the phasing of the project should be determined. RECOMMENDATION I recommend council discuss the information presented in the Feasibility Report and the outstanding issues. Based on the information presented in the Feasibility Report, this project appears to be both technically and financially feasible. Therefore, I recommend council pass a resolution accepting the report and calling for a public hearing on the improvement of Pine Street from Holcombe to County Rd. 5. RESOLUTION NO. 95- RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT OF L.I. 295, PINE STREET RECONSTRUCTION e WHEREAS, pursuant to resolution of the Council adopted May 4, 1993, a report has been prepared by Short Elliott Hendrickson, Inc., with reference to the improvement of Pine Street between County Road 5 and Holcombe Street by construction and reconstruction of stormsewer, roadways, and sidewalk, and this report was received by the Council on December 5, 1995. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $1,491,495. ~ 2. A public hearing shall be held on such proposed improvement on ~y of January, 1996, in the council chambers of the city hall at 7 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this 5th day of December, 1995. . Jay Kimble, Mayor Attest: Modi Weldon, City Clerk e e e e CITY OF STILLWATER MEMO TO: Mayor and City Council Klayton Eckles, City Engineer \~ r;: FROM: DATE: December 1, 1995 SUBJECT: Brick Pond Dredging and Storm Water Improvements DISCUSSION Staff has completed the plans for the storm water design for the Brick Pond improvements and a permit has been submitted to the Department of Natural Resources. For this project, the city is acting as a general contractor and several subcontractors will be used to complete various aspects of the project. It is anticipated that MN Dot will perform dredging of the pond for the city. As of Friday the city is still receiving quotations for the completion of this work, more information will be available on Tuesday evening. e . . CITY OF STILL WATER MEMO TO: Mayor and Council FROM: Klayton Eckles, City Engineer DATE: December 5, 1995 SUBJECT: Additional Information on Brick Pond Dredging and Storm Water Improvements DISCUSSION Because of the unique nature of this project city staff is essentially acting as the general contractor on this job. The services of a number of different contractors will be used as well as the servic;~s of public agencies. Also, some standard materials must be obtained, including pipe, manhol~S:, concrete bends, riprap and silt fence. The first step in this process will be to clear out an access route using a D5 dozer. Quotes were pptained from Raleigh Contracting at $65.00 an hour and Arndt at $85.00 an hour. Trees must be cleared and grubbed. It is anticipated that the city can perform much of this work. The dredging of Brick Pond itself will be completed by MN Dot. MN Dot has agreed to supply an operator and a super hoe, which is a large dredging backhoe. It is anticipated that the costs of the dredging by MN Dot will be covered by way of a swap of city labor for hauling snow out of downtown. Additional silt fence must be installed and this could be installed by Raleigh or the city at an estimated cost of about $500. It is anticipated that 248 feet of 54" reinforced concrete pipe will be required. C. W. Houle - $22,320 Royal Concrete Products - $21,250 Hydrocon - *Fuhr - na Also a manhole and some pipe bends must be purchased. Prices are as follows: C.W. Houle $8,532 Royal Concrete Products - $8,168 Hydrocon *Fuhr - na . Riprap must also be purchased for installation in the bottom of the channel. Bids as follows: C.W. Houle - $500 Hydrocon *Fuhr - na The silt fence can be purchased by the city for approximately $400. A private contractor will be necessary to install the pipe, the manhole and the pipe bends. A contractor can be hired based on labor prices. Bids received are as follows: .c.W. Houle - $9,350 Hydrocon - $19,750 Fuhr trenching - na *Hydrocon submitted a quotation which included a lump sum for the furnishing of all material for a price of$30,125. - This project is unique in that it is using a number of sources for labor and materials. It is also unique because significant cost savings will result if the project is completed in the early winter, therefore, we need to construct the project very soon. Based on the prices of the quotes received and our discussions with construction material suppliers it appears that C.W. Houle has provided the lowest quote on the labor, therefore, it is recommended that C.W. Houle be hired for all the labor for installing the pipe, manholes, bends and riprap at a total price of$9,350. Royal ~....oncrete products has supplied the lowest price for pipe materials as well as manholes and bends; therefore, it's recommended we obtain the materials from R.C.P MN Dot can be used for all dredging and it is recommended Raleigh be used for bulldozer grading at a rate of $65.00 per hour. City forces can obtain and install the silt fence and remove trees. I- - e e t'" II Memorandum To: Mayor and Council From: Morli Weldon, City Clerk Date: December 1, 1995 Subject: 1996 Liquor and Cigarette Licenses RENEWAL APPLICATIONS All holders of existing liquor licenses and cigarette licenses have been mailed renewal forms; however, not all renewal applications have been returned at this time. A final listing will be provided Council at the December 5 meeting. Action Requested: Motion approving license renewals, contingent upon receipt of all required documentation, fees, and police investigation approval. NEW (TRANSFER) APPLICATION Attached is an application from Allan R. Anderson and Renee M. Vickerman for an On-sale and Sunday Liquor License and Cigarette License. They are in the process of purchasing Hidden Valley Lounge. Action Requested: Resolution approving new On-sale and Sunday Liquor License and Cigarette license (transfer from Hidden Valley Lounge), contingent upon receipt of all required documentation, fees, and police investigation approval. ~. , r, e Nerv. d-d--, lcrcrs- . . ; ALL (Y(\ fJJrv!J.fl~ S t--n a.rv--d ~ ~ .V0~~Q/Yu ~~ ~CvJ.-JLd : J'k cthotJ.uvu V ~ ~~ oj- : J-~ I ~ ~li S?r ~~od-~~ IJJJ~ , LV..e. ~--e.. cuvd-1.u--pcd--7 V\ i CL . /.!)L~ ;) u--l-!v. ~ fA ~ ~ cLo:Jc1 ~ 0( ~I / /070:; p~ c6ar-L · 01 Q.J\J. ~,:J . ljJ- (lAh~~ G1J o~~j ~ /t~ (2/\J ct 6-"CJ..A.../V~:f~~. e '-1{JJ- budP /r.-L p s:--~ "'-- 0- t:U ~(J C/\ o:::h G'Y\ ~B.A- c!-c~~-1J-J. ML~ ~G~ ~/ VL-d2Z11-~.;) ~ d-{'~) lQ I d- ~ Lf3fJ-l ~ J~ 1(5- S~q -ldJ/3, - e e e ..... '*'; '...... .~ ::e!I"l'""'"- '!"P" i- t it. r ~ ,.~- ,.,..-. '~... ",>:.. .~ 1:;.... ~ .~- ... -.:'- . . .. No. 263 - Application for "ON SALE" License for Intollicating Liquor BUSINESS RECORDS CORPORATION. MINNESOTA "ON SALE" AND SUNDAY j;tatt of minnesota, COUNTY OF(,JU\ShU\cd:r.;~ l ..J .llU.YICIP.4LJTY OF g-,llL0='t~Ld TO THE GorERNIJ{G BODr OF THE ..lBOrE X.I.llr:n .JfUlNClP.4LJTY: Pursuant to Chapter 46 of the laws of .1finnesotl1. Sperio/ Se,.sion of 7.')33-4 ' /kl..9- () d ..~~,(l/-tA"t\~s(rYLd/... e~ n oe-<'djV~y U "cddlll dLif~o--V""- hel'eby appl; . for a license. fOl' the term of / .;2,.. . M rn--rJ::; from the .1 s; L day of. .~CU">Vd<'-'f2-,'1 19 "l b . to sell intoxicating liquors 11.' defined bylaw at retail only for consumption "O.\" THE PRE,JllSES" described as fol/ou's: ;23L.Gd1Y\y~f:J'(!. St(L~-l--. S-bJlJ.Ucl~dMfll. 55ofc}d. , ,..... . in said municipality, on which p,'emises dcon trol and operate a d; and to that end he,'eby 1'ep,'esent and state. That said municipality is a which has a population of ddand which does rwt maintain an e.l:clush'e liquor store; That saiddd d 'dLO~~5.d . is an establishment hadng a resident proprietor and manager and the following equipment and facilities, That said applicantd' ..is. ..~. citi:::en "d..of the United States,.. d. d.dd.d.d.d.. ddddUdU.over twenty-oM years of age, . d..of good moral character and repute,. U UdUrwt, since the enactment of the act above specified, been convicted of any wilfnl violation of any law of the United States, or of the State of .Jlinnesota, or of any local OJ'dinance, with regard to the manufactltre, sale, distribution, or possession for distribution or sale, of intoxicating liqlwrs, and that rw license issued to.. under said act has ever been revoked: That no manufacturer or wholcsalel' will own or control, or has any financial interest in, the business of selling intoxica.ting liquOl's at retail on said premises, nor power to exact or require, by con- t/'oct, nnderstanding or otherwise, said applicant.. to handle or sell only the products of such manu- fact"rer or wholesaler: That no other retailer's license has been issued, directly or indirectly, to said applicant. or for said premises; that no license of a class other than her"by applied for has been issued to any person at sflid premises: and tha,t ,.aid premises al'e neither OWII"d or "ontrol/ed by any person to whom no license could be issued: Thflt said premises are not leithin any area within u'hich the sale of intoxicating liquors i.9 pro- llibitcd by the laws of th,) State of .lfinnesota, the provisions of any charter, ordinance or special law, 01' Ih"""'1h :::oning ordinances, proceedings or legal process regularly held for that pl~rpose: That saill applicant hereby agree that any license granted pursuant hereto shall be non- transferable without consent of the anthority issuing the same; that said license shall rwt be effective 1I1lfil If, PCI'II,;t shall be issued under the laws of tl~" United States in case such pennit is required under ""id lall:,<; Ilml that will keep said /i""'18" posted in a wnspicUOlts place in said premises: Th,,1 thi,< "pplication is lIUIII" p"rsllant "lid subject to "ll the law8 of Minn.c..ota, the laws of the ("lIil,'d 81"lcs, the ordinances and regulations of ,.aid 1I1uni,'ipfllity. and the regulations of the LiquOl' ('olllrol CO/lllllissioller of .Jfinnesota. r"l"ting to th,' .w,l" a",l places of "ale of into.ricating liquors, all of II"hicl, ur" 11I'l'eby made a p",'t haNf, and. which hereby agree to ob,.erve and obey. (lfC7'e 8tafc othe7' rcqlt;"CmCnf8 of local re~ltlation, if any) e Dated I J/:J.1 - uuu.uuuu19Q.'::J. e &tate of '-innesota, } 81. COUNTY oFuu(;.0o..ShAh~+r.rn. ,4;/{JL) .A'!! c!~4..I.~u.............. ...... ...................... &:{'Il~ . . uuvJt.k,~~.................................... . ...beint duly 6W017t. on oath 'ay.........that........... the witkin applicant.......; tkat......uheu.......uha.........../uU and /i,.,t hand knowledte of the facti ltated in the witkin application and of the btuinu, of laid applicant........... the location thereof. and the conun" of the within application; and that the statement, made in ,aid application are tMU 01... ........................... own knowledge. Subscribed and Sworn to Before Me thi,u..o'i~u..day 01.. (Lou ~. ..u....... .u.uu.........19gs:- ........{Y)eJ.u~,...~............ .votarJPublic...W~~.. u.. County, .1/inn. My Commission ExPires.....f/..3y!~ .........~..~... ~V~~.. e '~ ,,; ~. - ..p o ,,,.... 'A' ". CW ~ = ..{ = --.s::. .- v) = <:0. ~3 - " o ' - -.3 : ., G.l G.l ~ trJ "" 's ~ e tl f~ c c:l :'0 .... w ~ w ~. '011 c:l .- .... '1: . u ~. .... ~ r... c ] c .... vy c:l ~ - - -- ~. - ,....;:: ~ a:i '-'t1 ~ - . v.l 'StJ c ..;. "4 .... .. ~ \:)T' ~ ~ ~ Q c:l - 1iS1 G.l .! u .S I :.:s I:! ... ::! C :;; ~ . . cw - as - tI r:.; c :.... 5 c '-> t ~ [jj J ~ :r ~ ~ -;. ('() ~ 8~ MORUJ. WELDON .II NOTARYPUBUC.MINNESOTA ~CommissIon e,pilosJ:n. :1. .~) .:::,~~":,t..~~:-~;,~.,,'~. ,,- '. ..'~;"'.".'l'.t~-.1 ~ o:i o:i ~ ~ ..! ... .., ~ i .-i ~ z ~ :I ~ ~ ~ ~: ~ ~ ,f ~ ~ 1 1 ~ a: J 8 .:! ... a: ;:::T ~ t ~ J -..F. l ~ ~ ~ ... V] ~ .~ l .e r ... "4 ~ e - .. I~ 1996 Liquor and Cigarette License Applications - New and Renewal * denotes those businesAhat have not submitted the required forms and fees for renewal as of December 5, 1995. Approval of all renewals is contingent upon receipt of all required forms, fees, and completed investigation (background check). RENEWALS BUSINESS NAME LICENSE American Legion Cigarette Club On-Sale Liquor Ann Bean House Wine Brine's Cigarette On-Sale and Sunday Liquor Gateway Foods, Inc. dba Brook's Food Market No. 26 Cigarette Off-Sale 3.2 Beer St. Croix Club Bar & Restaurant dba Canelake's Cigarette On-Sale and Sunday Liquor St. Croix Caterers dba Cat Ballou's Cigarette On-Sale and Sunday Liquor Cub Foods Cigarette Dock CafeCorp. dba Dock Cafe On-Sale and Sunday Liquor The Elephant Walk Wine Erickson Post Acquistion, Inc. dba Sprint Gas and Groceries Cigarette National Restaurants, Inc. dba Esteban's of Stillwater On-Sale and Sunday Liquor Food-n-Fuel Cigarette Off-Sale 3.2 Beer Freighthouse, Inc. dba Freighthouse Cigarette On-Sale and Sunday Liquor A EKS, INC. Cigarette dba Harbor Bar On-Sale and Sunday Liquor e LaRecolte, Inc. Wine with Strong Beer Option dba Harvest Restaurant and Inn 3.2 On-Sale Jazzy's House of Blues and Cigar Parlor Cigarette JLH, Inc. Cigarette dba John's Bar Off-Sale Liquor On-Sale and Sunday Liquor Kinsel's Inc. Cigarette dba Kinsel's Liquor Store Off-Sale Liquor Knights of Columbus Club On-Sale Liquor Laurel Street Inn, Inc. Wine dba Laurel Street Inn Lens Family Foods Cigarette The Lowell Inn On-Sale Liquor St. Croix Preservation Co. Inc. On-Sale and Sunday Liquor dba Lumber Baron's Hotel Mad Capper Saloon and Eatery Inc. Cigarette dba Mad Capper On-Sale and Sunday Liquor Meister's Bar and Grill Cigarette On-Sale Liquor *The Myx Wine with Strong Beer Option 3.2 on-sale *Nelsons Dairy Cigarette Oak Glen L.L.C. On-Sale and Sunday Liquor dba Oak Glen Country Club Stillwater River Inn, Inc. Cigarette dba P.O. Pappy's On-Sale and Sunday Liquor R & R Liquor Cigarette Off-Sale Liquor River Oasis Cigarette e I ~ Rivertown Inn Wine e *River Valley Athletic Club On-Sale 3.2 Beer Savories LLC Wine with Strong Beer Option 3.2 On-Sale Silver Lake Restaurant Wine On-Sale 3.2 Beer South Hill Liquor Cigarette On-Sale 3.2 Beer St. Croix Drug Company Cigarette St. Croix Kitchen Wine On-Sale 3.2 Beer Stillwater Country Club. Inc. Cigarette Club On-Sale and Sunday Liquor Stillwater Elks Club On-Sale and Sunday Liquor Off-Sale Liquor Sutler's, Inc. Off-Sale Liquor dba Sutler's Wine and Spirits Cigarette Target Cigarette X Tom Thumb Food Markets, Inc. Cigarette Tom Thumb Store No. 219 Off-Sale 3.2 Beer Trumps Deluxe Grill and Bar Cigarette Zahren Enterprises. Inc. On-Sale and Sunday Liquor Twin Cities Stores (Greeley St.) Cigarette Off-Sale 3.2 Beer Twin Cities Stores (Main St.) Cigarette Off-Sale 3.2 Beer *Vittorio's, Inc. Cigarette Off-Sale Liquor On-Sale and Sunday Liquor Grand Restaurants of Stillwater On-Sale and Sunday Liquor dba Wild River Smokehouse and Grill I e NEW Approval contingent upon receipt of all required forms, fees, and completed investigation (background check). Loggers (transfer from Hidden Valley Lounge) Cigarette On-Sale Liquor ; e el e e e . TO Mayor and City Council FROM: Laurie Maher, Chair Stillwater Charter Commission RE: Requested change to City Charter DArE: November 30, 1995 The City Charter Commission has met during the last year and spent many hours studying the City Charter procedures for choosing successors to vacant seats on the City Council and making appointments to Boards and Commissions. After the study, the Commission has recommended that the Charter be changed according to the enclosure that shows the draft language for the various recommended changes. The first change would provide for the creation of the office of Vice Mayor, and would provide the Vice Mayor would act as Mayor during the temporary absence or disability of the Mayor. Article 3.03 would be changed to have the Council elect council people to fill vacancies on the City Council, but that if the Office of the Mayor'becomes vacant, the Vice Mayor will automatically fill the vacancy for the unexpired term. The second change, Articles 13.05 and 14.03, would provide for appointments to and removal from the Water Board and the Library Board by vote of the Council rather than the present system that allows some appointments by the Mayor. A new Article 15.08 would expand this same procedure to all other Boards and Commissions. A 4/5 vote of Council would be required for any removal. This article would also provide for publication of notice when a vacancy occurs on the Boards and Commissions, and that the opening be unfilled for 60 days after the publication. We think this change will allow for the broadest kind of participation and give people plenty of time to become aware of vacancies that might interest them. We would like a new Article 15.07 inserted in the Charter that is a recitation of the language in the Minnesota Statutes regarding the appointment of Charter Commission Members, but we think for informational purposes it should be included in the Charter itself. While there are many ways of changing the Charter, we think the best way for the City would be to have the Mayor and Council unanimously adopt an ordinance approving these Charter changes. The Charter Commission would be happy to meet with the City Council to discuss these changes and our reasons for suggesting them. We look forward to hearing from you and working together on this. Yours very trul~ 1 /1zi~/ ;f~ Laurie Maher, Chair Stillwater Charter Commission cc: David Magnuson, City Attorney e e e .. Article 6.02 Vice Mayor. After the election of its members, the Council must, at its first meeting, elect one of its members to be Vice Mayor, who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. Article 3.03 Filling Vacancies. When a vacancy occurs on the Council, the Council must elect another person to fill the vacancy for the unexpired term of the vacant office, and until the successor thereto is elected and qualifies. When a vacancy occurs in the office of Mayor, the Vice Mayor will fill the vacancy for the unexpired term of the vacant office, and until the successor thereto is elected and qualifies. When a vacancy occurs in the office of Vice Mayor, the Council must elect one of its members to fill the office. Article 13.05 Membership. Appointment to and removal from the Board shall be pursuant to Section 15.08 of this Charter. Appointments, except appointments to vacancies, shall be for a term of three years. Vacancies in the Board from any cause other than expiration of term of office shall be filled by appointment for the unexpired term. Each member of the Board shall serve without compensation, shall qualify by subscribing to a filing in the office of the City Clerk and oath that the member shall faithfully and impartially perform the duties of the office, and the term of office shall continue until a successor is appointed and qualified. 14.03 Appointment and removal. Appointment to and removal from the Library Board shall be pursuantto Section 15.08 of this Charter. Article 15.07 Appointment of Charter Commission Members. Notice of vacancies on the Charter Commission must be published in the City's official publication and mailed to all Charter Commission members a minimum of ninety(90) days prior to the expiration of a Charter Commission member's term or upon a vacancy occurring on the Commission. The vacancy must be filed by appointment of the Chief Judge of the Tenth Judicial District pursuant to Minnesota Statutes 410.05, and if the Chief Judge fails to appoint new commission members within 30 days, then thereafter the City Council may appoint new members unless, within the 30 day period, the Chief Judge indicates in writing to the City Council an intention to appoint new members, in which case the Chief Judge will have an additional 60 days to make the appointment. Article 15.08 Appointment to and Removal from all other Boards and Commissions. Appointment to and removal from all other Boards and Commissions must be made by vote of the Council. Removal from all other Boards and Commissions shall be by 4/5th vote of the Council. Notice of vacancies on Boards and Commissions must be published in the City's official publication a minimum of sixty (60) days before a vacancy is filled. 1 4" e e e ~ , FyI CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 South Greeley Street Stillwater, MN 55082-6012 (612) 439-8803 November 20, 1995 Jay Kimble, Mayor Nile Kriesel, City Administrator City of Stillwater 216 North 4th Street Stillwater, Mn 55082 Re: 1996 Budget Dear City Officials, The Cable Commission will not be able to have its 1996 budget ready for your review by December 1st; therefore we are requesting an extension of the deadline. We will be working on the budget soon, however the Commission will not have a December meeting so the budget will be approved at our January 17th meeting. You will receive a copy shortly thereafter. We regret any inconvenience. J;jfj~ Jack Doerr Chairman JD/kc '7/~ (() ~.' &~~~4.~ I~ Q/ .;;q Representing the Cities of Stillwater, Oak Park Heights and Bayport and the Townships of Stillwater and Bay town e JACK DOERR, Chairl'er""1l ANN M. BODLOVICK, Vice Chairl'l'r""1l SHARON RIDGWAY, Sccretary/Trea"lIrl'r JAY KIMBLE GARY TALBOT MARK SWENSON DEAN KERN SCOTT RADKE W ASIllNGTON COUNTY Dennie C. Hegberg oletrict 1 Mery Hauser oletrict 2 Wally Abrahameon oletrict 3/Chalnnan COUNTY BOARD AGENDA DECEMBER 5, 1995, 4:30 P.M. Myra Peterson oletrict 4 Dave Engetrom oletrict 5 1 . 4 : 30 ROLL CALL 2. CONSENT CALENDAR 3. 4:30 GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR COMMISSIONER APPOINTMENT TO HARDWOOD CREEK TRAIL MANAGEMENT PLAN COMMITTEE 4. 4:40 DISCUSSION FROM THE AUDIENCE VISlTORS MA Y SHARE 71lE1R CONCERNS WT1lITHE COUNTY lICWlD OF COMMISSIONERS ON ANY 1TEM NOT ON THE AGENDA. THE CHAIR W11L DIRECT THE COUNTY ADMINmRATOR TO PREPARE RESPONSES TO YOUR CONCERNS. YOU ARE ENCOURAGED NOT TO liE REPE111l0US OF PREVIOUS SPEAKERS AND TO LlMU YOUR ADDRESS TO FIVE MINrffES. 5. COMMISSIONER REPORTS - COMMENTS - QUESTIONS 71l/S PERIOD OF TIME SHAlL liE USED lIY THE COMMISSIONERS TO REPOIfT TO THE FUlL lIOARD ON COMMT1TEE AC17VTl1ES. MAKE COMMENTS ON MATIF:RS OF INIEBEST AND 1NF01lMA710N, OR lWSE QUES710NS TO THE STAFF. 71l/S ACT10N IS NOT INlENDED TO RESULT IN SUlISTAN11VE lIOARD ACT10N DURING 71l/S TIME. ANY ACT10N NECESSARY lIECAUSE OF DISCUSSION W11L liE SCHEDULED FOR A FUlVRE lICWlD MEEllNG. 6. BOARD CORRESPONDENCE 7. 4:50 EXECUTIVE (CLOSED) SESSION-J. HONMYHR, HUMAN RESOURCES DIRECTOR NEGOTIATION STRATEGY FOR 1996-1998 AGREEMENTS WITH ALL ORGANIZED EMPLOYEES 8. 5: 35 ADJOURN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES Date Dec. 3-5 Dec. 6 ec. 6 c. 7 ec. 7 COllUllittee Time Location AMC Annual Convention Metropolitan Light Rail Transit 911 Board Resource Recovery Project Internal Audit Advisory 8:30 a.m. 9:30 a.m. 8:30 a.m. 1:00 p.m. St. Cloud Civic Center Hennepin County Government Center 2099 University Ave. W. - st. Paul 6989 55th St. N., Suite C-Oakdale Washington County Government Center If you need ..._nee dWll> diabiHry or IenguegelMrrier, pi.... caN 4:JO.6003 (TOO 439-32201 EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* DECEMBER 5, 1995 .. ~ . .. The following items are presented for Board approval/adoption: e DI!:PARTMER'.r/AGEHCY AUDITOR-TREASURER ITEM A. APPROVAL OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH DAVID NORRGARD TO COMPLETE UNIT TESTING OF THE PROPERTY MANAGEMENT INFORMATION SYSTEM (PMIS) COMPUTER SYSTEM. B. APPROVAL OF APPLICATIONS BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX-FORFEITED LANDS FOR PARCELS #81694-2025 AND 81677-2700 BY TOWN OF FOREST LAKE. C. APPROVAL OF APPLICATIONS BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX-FORFEITED LANDS FOR PARCELS #57870-2010, 57460-6150, 57420-5260, 57950-4580 AND 57950-4600, 57604- 2000, 58500-2000 AND 58500-2025, 58112-2000, 57029-2255, 57572-2000 AND 57572-2005, BY CITY OF OAKDALE. HUMAN RESOURCES PUBLIC WORKS D. APPROVAL OF CONVERSION OF A SPECIAL PROJECT BACK-UP OPERATOR TO A PERMANENT .75 FTE CLERICAL AIDE IN THE I.S. DEPARTMENT EFFECTIVE DECEMBER 31, 1995. E. APPROVAL OF RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO PERFORM SPEED SURVEYS TO DETERMINE THE REASONABLE AND SAFE SPEED LIMITS ON COUNTY ROAD 54 AND COUNTY ROAD 74. F. APPROVAL OF RESOLUTION, FINAL PAYMENT TO FUHR TRENCHING FOR SEPTIC SYSTEM AT LAKE ELMO PARK RESERVE. G. APPROVAL OF METROPOLITAN COUNCIL TRANSIT OPERATIONS ... INTERAGENCY BUS STOP SIGNAGE AGREEMENTS. ~ H. APPROVAL FOR CHAIRMAN AND COUNTY ADMINISTRATOR TO EXECUTE THE SECOND AMENDMENT TO ACQUISITION GRANT AGREEMENT NO. AG 91-16 FOR THE BIG MARINE PARK RESERVE. I. APPROVAL FOR CHAIRMAN AND COUNTY ADMINISTRATOR TO EXECUTE THE GRANT AGREEMENT FOR THE ADA RETROFIT AND ALSO THE DEVELOPMENTAL GRANT FOR THE LAKE ELMO PARK RESERVE WITH THE METROPOLITAN COUNCIL. J. APPROVAL OF AGREEMENT WITH THE STAR TRAIL ASSOCIATION FOR A SNOWMOBILE TRAIL EASEMENT ON THE ABANDONED BURLINGTON NORTHERN RAILROAD ROAD BED. e .COIISCDt Calendar items ~ generally defmed u items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. e e e Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes November 7, 1995 Members: Doeksen, Freeman, Gorski*, Kalinoff*, Lockyear, Maybanks, Nelson, Ruch, Sandeen. Director: Bertalmio. *Absent 1. Call to order: A quorum being present, President Sandeen called the meeting to order at 8:01 p.m. 2. Adoption of the agenda: Ruch moved to adopt the agenda with two additions; seconded by Doeksen; approved unanimously. 3. Communications were acknowledged and discussed. 4. Consent Calendar: Moved to adopt the consent calendar, including payment of bills in the amount of $16.375.82. Moved by Ruch/second~d by Freeman. Unanimously approved. 5. Old Business: A. Doeksen and Bertalmio attended the Union Negotiations meeting on November 7 and received the contract proposals. Preliminary board discussions were held. B. The 1996 Budget and Truth in Taxation Hearing is Nov. 29 and board members are urged to attend. C. Ruch reported on the progress of the Long Range Plan. Motion by Lockyear/Seconded by Nelson that the committee complete the plan but not be concerned at this point with implementation or developing strategies for implementation. D. Service and Policy Review Schedule was accepted as revised. E. The City Council visit and workshop will be rescheduled to January. Minutes November 7, 1995 Page 2 e 6. New Business: A. Motion by Freeman/seconded by Lockyear to proceed with the plan of planter repair as recommended by the City Parks Dept. B. Motion by Freeman/seconded by Ruch to release funds for expenditures as listed in the 1995 Capital Budget. C. The Library newsletter will be coordinated with and distributed with the City's newsletter. D. Another program possibility, "The Piano and the Song" was presented. Motion by Doeksen/seconded by Maybanks to pursue this opportunity. E. The Board accepted with regret, Lisa Freeman's resignation after her term expires, December 1995. The Director will advertise the board vacancy. 7. Adjournment: Agenda items being completed and there being no other business, President Sandeen adjourned the meeting at 9:33 p.m. , e e ,. ., f , e METRO MEETINGS A weekly calendar of~ and agenda items fertile Mebqx>litan Council, its advisory and standing committees, and three regiooal cnmmi!l$ioos: Metropolitan Airpcxts Cnmm1lt~OD, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendall are occasionally changed. Questions about 11'W'P.h"8ll should be directed to tile apprqxiate ~cn. 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. DATE: December 1.1995 WEEK OF: December 4 - December 8. 1995 METROPOLITAN COUNCIL Traosportation Committee - Maoday. Dec. 4. 4 p.m. Chambers. The committee will consider: set public hearing date for Americans with Disabilities Act; Flying ClOud airport long-term comprehensive plan; contract award for outdoor advertising billboard; local housing incentive criteria for ISTEA solicitation package; contract award for publishing bus schedules; Metro Mobility Circulator demonstration report; Transit Redesign preliminary findings and recommendations; and other business. PUBLIC HEARINGtrruth in Taxation (proposed Property Taxes) - Monday. Dec. 4. 6 p.m.. Chambers. Sewer RateslCost Allocation Task Force - Tuesday, Dec. 5. 7:30 a.m., Chambers. The task force will consider: a rep<Xt m 111PP.fi~ with .Association of Metropolitan Municipalities and Council's Environment Committee; sewer availability charges (SAC) recommendations; inflow and infiltration (I & I) recommendations; MCES/community differeuces 00 fe('.hnical issues; industrial strength rates; industrial discharge permit fees; clearwater; representatives for report to Environment Committee on December 12. 1995; and other business. Executive Committee - Wednesday. 8 a.m.. Nicollet Island Inn, 95 Merriam St. Minneapolis. PUBUC MEETING/On Proposed Congestion Management Section for the Twin Cities Metropolitan Area (as part of the Transportation Technical Advisory ComDiittee) - Wednesday. Dec. 6.9 a.m., Chambers. The meeting will include a presentation on the proposed congestion management system for the Twin Cities Metropolitan Area report; joint comments from the Funding and ProgrammiTlg Committee and the Land Transportation Committee and comments from the public. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday. Dec. 6, 9 a.m., Chambers. Following the public meeting, the committee will consider: MnlDOT's public/private toll project proposals; draft resolution for retiring TAB Chair Bob Owens; comments on the State Transportation Plan; and other business. e Transportation Accessibility Advisory Committee - Wednesday, Dec. 6. 1 p.m.. Room lA The committee will consider: TransportationIDisability Legislative Team update; 1996 ADA Plan update; Metro Mobility operations report; TAAC meeting day/time survey; and other business. Transit Redesign Leadership Forum - Focus Group Discussion for Transportation Groups and Council Staff. (Space limited.) - Thursday, Dec. 7. 8 - 11:30 a.m., Holiday Inn Metrodome. 1500 Washington Ave. S. , Minneapolis. Metropo6taa Housing and Redevelopment Authority 20-Year Recognition - Thursday, Dec. 7, 2:30 p.~ ) Room IA, 18 and IC. , ~ Metropolitan CounciI- Thursday, Dec. 7,4 p.m., (Jul1nMrs. The Council will consider: city ofMinnetonka water plaia; village ofSt. Anthooy watec supply pIan; set public hearing date for Americans with Disabilities Act; set public hearing date on Affordable and Life Cycle Housing Goal Agreements; draft bylaws for Livable Commwrities e Advisory Committee; appoinbnent of members to Livable Commwrities Advisory Committee; approval of closed meeting of1be Finance Cnmmittee to discuss labor negotiation issues; appointmP.nt to the lIRA Advisory Committee; and other business. PUBLIC HEARINGIMetropo6taa Council 1996 Work Program and Budget - Thursday, Dec. 7,6 p.m., Ouunbers. PUBUC HEARINGIMetropo6taa Council 199..1000 Capital Improvement Program and 1996 Capital Budget - Thursday, Dec. 7, 6:30 p.m., Chambers. TENTATIVE MEETINGS THE WEEK OF DECEMBER 11 THROUGH DECEMBER 15, 1995 Community Development Committee- Monday, Dec. II, Noon, Room IA Blueprint Blue Ribbon Task Force - Monday, Dec. II, 2:30 p.m. or immediately following the Commwrity Development Committee, Room IA Environment Committee - Tuesday, Dec. 12, 4 p.~, Chambers. Housing and Redevelopment Authority Committee - Wednesday, Dec. 13, 8:30 a.m., Room IA PUBLIC MEETING: On Metro BRA Adoption of Local Preference Po6t)' for Use ill Section 8 Rental Assistance Program Participant SelectioDS (as part of the Housing and Redevelopment Authority Advisory Committee ~1\g) - Wednesday, Dec. 13, 8:30 a.m., Room IA Legislative Management Committee - Wednesday, Dec. 13,3:30 p.m., Room IE. , Providen Advisory Committee - Thursday, Dec. 14, 10:30 a.m., Room IA Land Transportation Committee - Thursday, Dec. 14,1:30 p.m., Room 2A Fmance Committee - Thursday, Dec. 14,4 p.m, Room 2A Committee of the Whole - Thursday, Dec. 14, 5 p.m. or immediately following the Council meeting, Room IA The Metropolitan Council is located at Mears Park Center, 230 E. Fifth St, St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TDDI291-0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Tuesday, Dec. S, 4 p.m., Chambers. The commission will consider: increase in North Mississippi Regional Park development grant; continue discussion on Regional Trails Policy Plan amendment; and other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Center, 230 E. Fifth St., 51. Paul, MN 55 101. Meeting times and agendas occasionally may be changed. To verify meeting information, e please call 291-6363. METROPOLITAN SPORTS FACILITIES COMMISSION IV \ t .rgovernmental Regulations Committee - Thursday, Dec. 7,2 p.m., H.H.H. Metrodome, Metropolitan silorts Facilities Commission Offices. The committee will consider: legislative representative contacts; task force issues; 1996 legislative calendar and agenda; announcement of future committee meetings; and other business. e Finance Committee - Thursday, Dec. 7, 3 p.m., Commission conference room. The committee will consider: Mall of America parking agreement; Bloomington land sale update; use of proceeds from Bloomington land sale; and other business. Personnel Committee - Friday, Dec. 8, II a.m., Commission conference room. The committee will consider: job descriptions and 1996 salary adjustments; consultants; and other business. The Metropolitan Sports Facilities Commi!i:sion 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 Judy Somers, 335-3310. METROPOLITAN AIRPORTS COMMISSION Budget Task Force - Tuesday, Dec. 5, Noon, Room 301, West Mez7J1nine. Lindbergh Terminal, Wold Chamberlain Field The task force will consider: the 1996 budget including response to airline comments, Truth- in-Taxation hearing, and final approval; and multi-year targets. Planning and Environment Committee - Tuesday, Dec. 5, 1 p.m., West Men.anine. Lindbergh Terminal, Wold Chamberlain Field The committee will consider: December ADNE levels; final contract payments for apron lighting modifications at MSP, airport beacon and tower restoration at St Paul Downtown Airport, north parallel taxiway at Crystal Airport, 1994 pavement rehabilitation at Crystal Airport, 1995 pavement rehabilitation at Lake Elmo Airport, 1993-1995 Part 150 sound insulation program; contract bids received for 1995 electrical modifications at Lindbergh Terminal, 1995 mechanical modifications at Lindbergh Terminal, Lindbergh Terminallandside operations office remodeling, and November bid cycle for Part 150 sound insulation program; cancellation of construction contract-Part 150 sound insulation program; review ofupcoming construction project bids; special Planning and Environment Committee meeting; 1006-2002 capital improvement program.; Inver Grove Heights resolution regarding corridor procedures; Crystal Airport safety committee; and other business. Audit and Compliance Committee - Wednesday, Dec. 6,9 a.m., Room 301, West Mez.7J1nine, Terminal Building, Wold-Chamberlain Field The committee will consider: 1995 audit plan; and internal and concessionaire audits. Fmance Subcommittee - Wednesday, Dec. 6, 10 a.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold Chamberlain Field The subcommittee will consider the status of current and advance refunding!:: and underwriter interviews. Management and Operations Committee - Wednesday, Dec. 6,1:30 p.m., Room 301, West Mezzanine- Lindbergh Terminal, Wold-Chamberlain Field The committee will consider: October budget variance; renewal of liquor licenses; purchase of portable police radios; u.s. West pay phone contract-extension; purchase of two vehicles; annual update of trip fees-Ordinance 79; Humphrey management RFP request; Budget Task Force and Finance Subcommittee updates; 1996 salary structure update for non-organized employees; airline agreement; Minnesota Quality Award update; Heads Up; and other business. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. e